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Chatham Planning Board minutes - 9/06/05

Posted Wednesday, January 11, 2006

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CHATHAM COUNTY PLANNING BOARD MINUTES
December 6, 2005

The Chatham County Planning Board met in regular session on the above date in the auditorium of the Cooperative Extension Building in Pittsboro, North Carolina. A quorum was present to begin the meeting.

The members present were as follows:
Present:
Charles Eliason, Chair
Jennifer Andrews
Clyde Harris
Martin Mason
Mark McBee
Winifred Smith
Chris Walker
Cecil Wilson
Planning Department:
Keith Megginson, Planning Director
Jason Sullivan, Planner
Lynn Richardson, Land Use Administrator II
Kay Everage, Secretary to the Board
Absent:
Jeff Austin, Vice-Chair
Angela Brown

I. CALL TO ORDER – Chair: Chairman Eliason called the meeting to order at 7:10 p.m.

II. APPROVAL OF AGENDA: Ms. Smith made a motion; seconded by Mr. Mason to
approve tonight’s agenda as submitted. The motion passed unanimously. (7
Board members)
Mark McBee arrived at this time.

III. CONSENT AGENDA: Ms. Andrews recused herself from the consent agenda.
Mr. Walker asked that Governors Village, Phase 5 (Item III C.) request be pulled
from the consent agenda for discussion. It was the consensus of the Board to
discuss the Governors Village request at this time.
Discussion – Governors Village, Phase 5:
Mr. Walker stated that he remembered some concerns regarding runoff that
adjacent landowners (across the street from this latest Governors Village
Commercial subdivision) had. Mr. Walker asked if this issue had been addressed.

Mark Ashness, Civil Engineer, C.E. Group, Inc., was present representing the
applicant. Mr. Ashness stated that there were several things stipulated (after the
Board of Commissioner’s meeting) that the developer would do; that one
significant task would be to lift the area around the utility shed and replace the
shed back in that location after the area had been brought up and the areas
stabilized; that the developer reshaped the existing swell on the McCrimmon’s
property and added a light berm to assist with any runoff during heavy rain events;
and that the developer plans to install a privacy fence along the back of the
McCrimmon’s property.
Linda and Lewis McCrimmon were present. Mr. McCrimmon stated that he is
satisfied with the work that the developer has done and that he is now waiting on
the privacy fence and grass.
Mr. Wilson asked if any future problems were anticipated relative to the
McCrimmon property since their house is in a low area. Mr. Wilson was also
concerned that several trees have recently fallen on the adjoining Corps of
Engineers property. Mr. Ashness stated that he does not anticipate any future
problems with the McCrimmon property; that there is an existing channel on the
McCrimmon property (that is approximately 8 feet lower than the McCrimmon’s
house) that allows runoff to flow to the existing Farrington Road; and that there
seems to be a common problem on the Corp property with the trees.
It was the consensus of the Board to leave the Governors Village, Phase 5 request
on the consent agenda. Mr. Wilson made a motion, seconded by Ms. Smith to
approve the consent agenda as submitted. There was no discussion on the
motion and the motion passed 7-0-1 with Wilson, Smith, Eliason, Harris, Mason,
McBee and Walker voting in favor of the motion; and Ms. Andrews abstaining.
A. Minutes:
Consideration of approval of minutes for November 1, 2005 Planning
Board meeting.
B. Preliminary Approval:
Request by Fred T. Smith for subdivision preliminary design approval of
“Mayfield”, consisting of 11 subdivision lots on approximately 65 acres,
located off SR-2182, Lonnie Fields Road, Gulf Township.
C. Preliminary and Final Approval:
Request by Governors Village Commercial, LLC for subdivision
preliminary and final approval of “Governors Village, Phase 5”, consisting
of 49 lots on approximately 31 acres, located off S. R. 1726, Old
Farrington Road, Williams Township. – See discussion above.
End Consent Agenda
Chatham County Planning Board Minutes
December 6, 2005 Page 157
IV. PUBLIC INPUT SESSION: Fifteen-minute time of public input for issues not on
agenda. Speakers limited to three minutes each.
There were four (4) citizens who spoke as follows:
Rita Spina, 12 Matchwood, Pittsboro, NC, stated that during the recent public
hearing regarding conditional zoning and the 10/70 rule the Commissioners
indicated an interest in citizen involvement for both proposals; that while there
were numerous speakers at the public hearing, there were some Planning Board
members who were unable to attend; and that by the time the 10/70 rule came
up for discussion there were very few Planning Board members in attendance.
Ms. Spina asked if it would be possible for open citizen participation during the
Planning Board meeting since both items are issues that do not deal with any
development currently on the table.
Loyse Hurley, 16 Matchwood, Pittsboro, NC, stated that Allison Weakley was
unable to attend tonight’s meeting and asked her to address the Board regarding
sedimentation and erosion control issues. Ms. Hurley reviewed comments and
concerns submitted by Ms. Weakley. (A copy of Ms. Weakley’s written
comments dated December 5, 2005 is attached.) Ms. Hurley asked when official
construction begins on a project. She emphasized that soil erosion and
sedimentation is a serious concern with all developments.
Lewis McCrimmon, 311 Old Farrington Road, Chapel Hill, NC, stated concern
regarding traffic along Old Farrington Road with the additional development in
the area. Mr. McCrimmon asked if turning lanes are planned and if there are
plans to lower the speed limit.
Bill Tessein, 758 The Preserve Trail, Chapel Hill, NC, noted that the Chatham
County Planning Board “Rules of Procedures: state as follows:
Section V. Meetings
I. “All meetings of the Planning Board are open to the public subject to the
North Carolina Open Meetings Law. The public is encouraged to attend
and participate in meetings of the Planning Board”.
Mr. Tessein voiced concern regarding the need for citizen input relative to any
zoning, rezoning or ordinance amendments. He stated that these actions affect
numerous people and that a citizen does not have to necessarily live next to a
proposal to be affected.
At this time, Chairman Eliason closed the public input session. He thanked the
above speakers for their comments and encouraged others to present their
concerns during this time allotment.
Chatham County Planning Board Minutes
December 6, 2005 Page 158
V. SKETCH DESIGN APPROVAL:
A. Request by Glenn M. Phillips, P. E., Ballentine Associates, P. A. on behalf
of James E. Dixon for subdivision sketch design approval of “Dixon
Property”, consisting of 28 lots on approximately 83 acres, located off S.
R. 1532, Mann’s Chapel Road, Baldwin Township.
Ms. Richardson stated that the applicant has requested that this issue be
postponed until next month’s Planning Board meeting [January 3, 2006] to allow
them additional time to address entranceway concerns.
B. Request by Virginia M. Grantham for subdivision sketch design approval
of “Grantham Subdivision”, consisting of 74 lots on approximately 96
acres, located off S. R. 1520, Old Graham Road, Hadley Township.
Chairman Eliason recused himself from this issue and asked Ms. Andrews to
take the Chair.
Ms. Richardson reviewed the agenda notes for this request.
Mark Ashness, Civil Engineer, C.E. Group, Inc., was present representing the
applicant. Mr. Ashness stated that when the Paige and Womble properties were
approved there were some stubs required to this Grantham parcel; that a new
access going to Old Graham Road is not proposed; that the existing loop road that
goes through the Grantham tract ties into all three subdivisions; and that the two
entrances originally approved would be used.
Board discussion followed. Mr. Walker asked about the proposed design in
relationship to the adjacent Paige and Womble tracts. Mr. Ashness used the
various subdivision maps to explain the layout of these three developments and
their proposed connections. It was noted that plans are to bring the three
subdivisions back to the Planning Board for preliminary review at the same time.
No adjacent landowners spoke.
Mr. Wilson made a motion, seconded by Mr. McBee to grant approval of the
request as submitted and as recommended by staff with the following condition.
· The preliminary plat is revised so that all lots have a minimum of 40,000
square feet of area outside floodable areas.
Discussion on the motion followed. Mr. Walker voiced concern regarding
density. He noted that his vote would be consistent with his other votes on the
lots in this area, i.e. too much in this location. The motion passed 6-1-1 with
Wilson, McBee, Andrews, Harris, Mason, and Smith voting in favor of the motion;
and Walker voting against; and Eliason abstaining.
At this time, Chairman Eliason returned to the Board.
Chatham County Planning Board Minutes
December 6, 2005 Page 159
C. Request by Wrenn Brothers, Inc. for subdivision sketch design approval of
“Knoll Ridge Estates, Phase 2”, consisting of 15 lots on approximately 76
acres, located off S. R. 1130, Oakley Church Road, Matthews Township. 5
Ms. Richardson reviewed the agenda notes for this subdivision request.
Ed Pryor, realtor, was present representing the applicant. Mr. Pryor stated that
this is a simple subdivision of large lots (10, 5 and 3 acre lots); that soils are very
good; and that there are no problems with any erosion control or watershed
areas.
Board discussion followed. Chairman Eliason noted that 50-foot buffers are
proposed along all creeks.
No adjacent property owners spoke.
Mr. McBee made a motion, seconded by Mr. Mason to grant subdivision sketch
design approval of the plat as submitted and as recommended by staff with the
following condition:
· The preliminary and final plat show previously recorded lot #21, 6.8 acres,
as shown on Plat Slide 2001, Page 24, as a surveyed lot with a notation of
change of status to a non-building lot.
There was no discussion on the motion and the motion passed unanimously. (8
Board members)
VI. PRELIMINARY and FINAL APPROVAL:
A. Request by The Legacy at Jordan Lake, LLC for subdivision preliminary
and final approval of “The Legacy at Jordan Lake, Phase One”,
consisting of 105 lots on approximately 238 acres, located off S. R. 1716,
Big Woods Road, Williams and New Hope Townships.
Chairman Eliason recused himself from this issue and asked Ms. Andrews to
take the Chair.
Ms. Richardson reviewed the agenda notes for this subdivision request. She
stated that staff has requested that lot #21 be shown on the final plat [i.e. plat
slide #2001-24] and that said lot be labeled as a nonbuilding lot. Ms. Richardson
referenced the ten conditions of the March 15, 2004 zoning approval. She
stated that the utility easement recommended in condition #4 of the zoning
approval has been provided between lots 87 and 88; that the developer would
like to address condition #6 of the zoning request (i.e. improvements to Big
Woods Road be completed prior to final plat submittal), relative to covering the
cost of the improvements in the financial guarantee; that information in tonight’s
agenda notes explains how condition #8 of the zoning approval (regarding storm
water management) is going to be completed; and that storm water management
is also covered under the financial guarantee.
Chatham County Planning Board Minutes
December 6, 2005 Page 160
Mr. and Mrs. Holland Gaines, applicants, were present.
Mark Ashness, Civil Engineer, C.E. Group, Inc., was present representing the
applicants. Mr. Ashness stated that staff’s condition #4 regarding a commercial
driveway permit from the Department of Transportation [NCDOT] has been met
(See copy of letter attached dated December 1, 2005 distributed by Mr. Ashness
during tonight’s meeting); that all other approvals have been received since last
appearance before the Board; that a large amount of the area has been stabilized,
i.e. meadows clearing, seeding, erosion control devices; that utility work would
commence over the Winter months; that trenching work and actual grading would
probably begin next April or May once the soils have dried; that roads within the
project are private; that no wetlands are impacted in Phase One; that there are two
crossings of wetlands, i.e. bridge crossings; that the bridge crossing plans have
been completed; and that there are no life safety issues regarding proposed
turning lanes on Big Woods Road, i.e. condition #6 of the zoning approval.
Discussion followed. For clarification, Ms. Andrews asked if staff’s condition #2
should read, “prior to issuance of the first certificate of occupancy for any lot
for Phase One” instead of “prior to issuance of the first certificate of approval for
Phase One”. Mr. Walker asked if a 404 permit had been received. Mr. Ashness
stated that language in condition #2 should read as noted above (in bold and
underlined); that a 404 permit is not required since there is no wetland impact;
and that the applicant’s environmental impact assessment includes the 50 acres
that were added to the parcel back in the Fall. Mr. Megginson stated that the
developer does not want to do a State maintained road; that there is too much
environmental impact involved; that there is more cut and field to get the slops
that D.O.T. requires; and that this is an example where a private road is easier to
bridge these wetlands and not impact them and therefore not have to get the
required permits. It was noted that hard copies of the environmental impact
assessment were included in the applicant’s initial application packet and that
the electronic version of the document was submitted to staff only a few days
ago.
No adjoining property owners spoke.
Bill Tessein, 758 The Preserve Trail, Chapel Hill, NC, voiced concern regarding
the need for a tree ordinance in Chatham County. He stated that the proposed
development is a good example of the need for a tree ordinance; that the ice
storm experienced in Chatham County in 2002 resulted in the loss of many pine
trees; that the pine tree is a State tree; that thinning the trees causes other trees
to come down thus causing runoff; and that Mr. Megginson might want to pursue
the possibility of developing a tree ordinance for Chatham County. Ms. Andrews
stated that citizens are welcome to draft text amendments. She encouraged Mr.
Tessein to further pursue this issue.
Discussion among the Board followed. Mr. Walker asked if Ms. Hurley had any
more detail (than she mentioned earlier in her comments) regarding the State
agency investigations. Ms. Hurley stated that inspections are planned at the site
in January 2006; that there was significant runoff from yesterday’s rain; that
Chatham County Planning Board Minutes
December 6, 2005 Page 161
Allison Weakley asked her to inquire if the miniature golf course (mentioned in
the environment impact statement) was taken into consideration on the
environmental impact assessment; and that with the brief time of notice of said
assessment, it was difficult for Ms. Weakley to thoroughly review the material
before tonight’s meeting.
Mr. Ashness distributed photos taken at the site on December 3, 2005 after the
rain occurrence last week. He noted the stability of the water depicted in the
photos. (Note: Copies of these photos are in the applicant’s file in the Planning
Department.)
Mr. McBee made a motion to approve the development. Discussion followed
regarding the requirement that the road be built before any dwelling in the
development could be occupied, i.e. staff’s condition #3. It was noted that, since
staff’s condition #4 has been met, that this condition could be removed from
staff’s recommendation. Mr. McBee amended his motion to include that staff’s
condition #4 (regarding a commercial driveway permit) be removed from the
recommendations as stated in tonight’s agenda notes. The motion was
seconded by Mr. Mason and discussion on the motion followed.
Mr. Walker stated that it would be unwise to give final approval on a project that
the State apparently still has some questions about; that the environmental
impact assessment was only recently made available; that the assessment
seems to be much like the Buck Mountain assessment that basically says that
there would be no impact at all; and that he is concerned with the pending
investigation.
Mr. Megginson stated that until the County takes over erosion control it is under
the authority of the State; that the County has hired an erosion control officer
who will operate out of the Environmental Health Section of the Health
Department and under the Board of Health (that is separate from the
Commissioners); that a tentative date for taking over the program is January 1,
2006; but that until which time the County takes over the program, erosion
control is still under the State’s authority.
Discussion followed. Ms. Andrews stated that the Board does have some control
over the review of the project; that photos were taken at the site on December 3,
2005; that Mr. Ashness clearly indicated (and Mr. Megginson has verified) that
Joel Idol from the Division of Land Quality Regional Office was at the site and
called the Planning Office to verify that everything was in order; and that the Email
from Ms. Weakley alleges that an investigation is going on. Ms. Andrews
cited that she has a problem with delaying the project while State questions are
pending; that the Board should give the request a fair review; and that it doesn’t
appear that there is an investigation pending given the verifications said tonight
by staff.
There was no further discussion and a vote was taken on Mr. McBee’s motion
stated above and seconded by Mr. Mason as follows:
Chatham County Planning Board Minutes
December 6, 2005 Page 162
Approval of the road names Legacy Way, Legacy Falls Drive North,
Legacy Falls Drive South, Rolling Meadows Lane, Covered Bridge Trail, Stoney
Creek Way, and Bridgewater Court and preliminary and final plat approval of
“The Legacy at Jordan Lake, Phase One”, with the following three [3] conditions:
1. The plat shall not be recorded until the county attorney has given final
approval to the financial guarantee.
2. The improvements to Big Woods Road as required in condition # 6 of the
zoning approval shall be completed prior to issuance of the first certificate of
occupancy for Phase One.
3. Storm water retention ponds as required in condition # 8 of the zoning
approval shall be completed prior to issuance of the first certificate of
occupancy for Phase One.
The motion passed 5-1-1-1 with McBee, Mason, Andrews, Harris and Wilson
voting in favor of the motion; and Walker voting against; and Smith abstaining;
and Eliason being recused and abstaining.
Chairman Eliason returned to the Board.
VII. ZONING AND ORDINANCE AMENDMENTS: Item from July 18, 2005 Public Hearing:
A. Request by Robert Blitchington for a revision to the existing conditional
use permit for Michael Cates / Ferrellgas, L.P. / propane gas business to
a conditional use permit for a Contractor’s Office and Shop, on one (1)
acre, located off US Hwy. 15-501 N. in Baldwin Township.
Ms. Richardson stated that the applicant has asked that this request be
postponed for another month (until the January 3, 2006 Planning Board meeting)
and that the December meeting not count as one of the three required meetings.
Ms. Richardson cited that the applicant is requesting this deferral to allow
sufficient time for review and approval of the wastewater permit by North
Carolina Division of Water Quality [NCDWQ]. It was the consensus of the Board
that no action was required at this time.
Item from September 19, 2005 Public Hearing:
B. Request by North Chatham Investments, Inc for a Conditional Use Permit
for a Planned Unit Development and Daycare Facility within the existing
RA-40 zoning district and a B-1 Conditional Use Business District with a
Conditional Use Permit for various uses, on approximately 98.5 acres,
located off U. S. 15-501 N and SR-1721, Lystra Road, Williams Township.
Ms. Richardson stated that staff requests that this issue be tabled until the
January 3, 2006 Planning Board meeting; that the Planning Board reviewed this
project during the November 1, 2005 Planning Board meeting; that one of the
conditions at that time was that the applicant meet again with the Appearance
Commission for a more thorough review of the proposed lighting, landscaping,
signage and road placement; that the applicant has not yet met again with the
Chatham County Planning Board Minutes
December 6, 2005 Page 163
Appearance Commission; that the applicant is scheduled to meet next week with
the Appearance Commission; that staff has received additional information
regarding soils; and that staff has also requested that the developer provide
comments from NCDOT specifically about the proposed design of entrances
along US 15-501 and the suitability of a future arrangement for a traffic signal if
Polks Landing Road is relocated to the north. Ms. Richardson noted that an
additional traffic signal would make for better movement of traffic for the
residents of Polks Landing.
Travis Blake, applicant, stated that the Polks Landing entrance, as it is now, is
dangerous; that he has moved the proposed road in his development further
north; that said road has been widened and would accommodate a stop light;
that the wastewater treatment system has been moved and the Appearance
Commission reviewed these plans last October; and that the Appearance
Commission has requested to review proposed signs.
No adjoining property owners spoke.
Ms. Andrews made a motion, seconded by Ms. Smith to table this request, per
staff’s recommendation, until the January 3, 2006 Planning Board meeting.
Discussion on the motion followed. Mr. Walker asked if all Board members had
received the E-mail from Jeff Austin (dated November 30, 2005) and if Mr.
Austin’s comments satisfied members regarding the wastewater treatment
system. Board members acknowledged that they had received Mr. Austin’s
memo. Chairman Eliason noted that Mr. Austin works with wastewater system
design and has some technical experience with this particular membrane
system. There was no further discussion on the motion and the vote on the
motion to table the issue until next month’s Planning Board meeting was
unanimous. (8 Board members)
At the time, Chairman Eliason called for a ten-minute break.
Items from November 21, 2005 Public Hearing:
C. Request by Greg Isenhour, IS Development Co., LLC, on behalf of North
Chatham Park, Lot #5, for a revision to the existing conditional use permit,
condition #1, requesting a time extension.
Ms. Richardson reviewed the agenda notes for this request.
Greg Isenhour, applicant, was not present.
No adjacent landowners spoke.
Mr. McBee made a motion, seconded by Ms. Andrews to grant approval of the
request as recommended by staff for a one (1) year time extension to obtain a
zoning determination and building permit to expire October 18, 2006 and an
extension of time to complete all required improvements to October 18, 2007.
There was no discussion on the motion and the motion passed unanimously. (8
Board members)
Chatham County Planning Board Minutes
December 6, 2005 Page 164
D. Request to consider proposed text amendments to the Watershed
Protection Ordinance to include the 10/70 provisions in the WS-IV
Protected Area.
Mr. Megginson stated that a public hearing was held on this issue November 21,
2005; that written comments received at the public hearing are included in
tonight’s agenda packets; and that that tonight’s agenda notes summarize some
of those comments. Mr. Megginson distributed copies of a letter dated
December 5, 2005 from The University of North Carolina at Chapel Hill (UNC)
supporting staff’s recommendation for a 5/70-text amendment. (See copy
attached.); that UNC has installed approximately half of the parking spaces
planned for the Park and Ride lot; that additional parking spaces could not be
added with the current watershed regulations; that an e-mail was sent to Board
members yesterday with various 5/70 calculations prepared by Jason Sullivan
(that Chris Walker had brought up in earlier discussions); and that basically
these calculations show an increase of 2 square miles of impervious surface by
using the 5/70 calculation.
Discussion among the Board followed. Mr. Walker asked if this could be a
conditional use request, i.e. 5/70 option with a conditional use with the five
required findings. Mr. Megginson noted that whether it is conditional use permit
or conditional zoning it would go through this process. Mr. Walker questioned
what governmental purposes covered, i.e. Federal, State, County. Mr. McBee
stated that he was disappointed with the public hearing since there was very little
factual information on the pros and cons of the 5/70, 10/70, and etc.
Motion to table the issue:
Mr. McBee made a motion, seconded by Ms. Andrews to table this issue until the
January 3, 2006 Planning Board meeting to allow time for additional information.
Discussion on the motion followed. Mr. Walker asked if it could legally be more
specific than governmental, i.e. County Government, State Government. Ms.
Andrews stated that she does not agree with restricting it to government uses;
that this creates zero tax base; that if our point is to try and prevent sprawl and to
push these things in a spot and/or corridor most suitable then why hamstring it
completely and then not have any revenue from it. Chairman Eliason suggested
that Board members consider putting together a sub committee during the
January 3, 2006 Planning Board meeting. There was no further discussion on
the above motion and the motion passed unanimously. (8 Board members)
Mr. Megginson stated that staff would probably not submit any additional notes
for the January 3rd meeting; that the issue would be listed on the agenda; and
that the Planning Board could decide at that point what to do with the proposal.
E. Request to consider proposed text amendments to the Chatham County
Zoning Ordinance to replace conditional use zoning with conditional
zoning.
Mr. Megginson stated that this issue was also presented at the November 21,
2005 public hearing; that written comments received at the public hearing are
Chatham County Planning Board Minutes
December 6, 2005 Page 165
included in tonight’s agenda notes (include with the 10/70 issue above); and that
again he has tried to summarize the comments and has grouped them into two
categories as follows:
· earlier public involvement in the community meeting, and
· changing from the quasi-judicial process.
Mr. Megginson cited that staff’s recommendation is to have the process with the
earlier notification and the community meeting; that if the Board’s desire is to
change the conditional use the Commissioners have commented that they want
to keep the five required findings; that what tonight’s agenda notes try to point
out is that if we are going to continue to do the quasi-judicial process it is
probably going to be more like the Briar Chapel process, i.e. rules that impact the
public’s ability co comment on an application; that Lee County has changed from
conditional use permitting to conditional zoning; and that Lee County did not
adopt an earlier notification and community meeting but think that they are
getting better plans, proposals and agreements than they have with the
conditional use permitting.
Discussion followed. For clarification, Mr. Walker asked if the conditional use
process stayed the same as it is now (with the five findings) and the early
informal meeting is held, is anything that goes before the actual public hearing
acceptable. Mr. Megginson stated that he was not sure but that he would clarify
this with the Institute of Government. He referenced information from the
Institute of Government regarding conflict of Interest. Ms. Smith noted that more
information about a particular proposal is obtainable when the five findings of
fact are utilized. Chairman Eliason referenced the nine (bulleted) issues listed in
tonight’s agenda notes that need to be evaluated and possibly addressed by
Planning Board members. Mr. McBee stated that if the Board approves the
proposed text amendments and find that in a year or so that things aren’t
working then changes could be made again at that time. Chairman Eliason
noted that the Board could decide to stay with things as they are now or to go
through the work of putting together better language and more refined language
than what we now have. Mr. Mason suggested leaving the process as it is now
and adding a public input session.
Motion to table the issue:
Mr. Wilson made a motion, seconded by Mr. Harris to table the issue until next
month’s Planning Board meeting [January 3, 2006]. Discussion on the motion
followed. Mr. Walker stated that his final decision is influenced on what is in
bounds at what time. Mr. Megginson stated that he would pursue more
clarification. Chairman Eliason stated that when this discussion is continued that
he would like a complete understanding of what is and/or is not allowed (i.e.
instructions for the Commissioners and Planning Board) even if the Board does
not move forward with the change. Mr. Megginson noted that in some places
Board members actually sign a statement saying that they have not had
communication with the various parties. Ms. Andrews stated that there is some
real valuable discussion to be had regarding the consideration of conditional
zoning; that unfortunately she doesn’t feel that there is citizen or Commissioner
Chatham County Planning Board Minutes
December 6, 2005 Page 166
support on this issue; that the Board has a lot of other work to consider; that she
is still willing to consider this proposal but that she doesn’t think the
Commissioners are willing to abandon the five findings. Board members
discussed keeping the current system with the some modifications.
There was no further discussion on the motion and the motion passed 7-1-0 with
all Board members present voting in favor of the motion except Mr. McBee who
voted against.
VIII. OLD BUSINESS:
There was no discussion under this topic.
IX. NEW BUSINESS:
A.
1. Approval of 2006 Planning Department Calendar
Mr. Megginson stated that the draft calendar was included in tonight’s agenda
packets; that since the 4th of July falls on a regular Planning Board meeting date,
staff changed this date to the following Tuesday (July 11th); that in November the
Board typically meets on Election Day; and that normally the Board adopts the
calendar before it is posted for public review.
Ms. Smith made a motion to adopt the 2006 Planning Department Calendar as
submitted. Discussion on the motion followed regarding Election Day. Mr.
Wilson stated that last year there were some public comments as to why the
Planning Board met on Election Day. Mr. Wilson noted that this date is
inconvenient for him since he does various election work. Mr. Harris stated that
he also finds a conflict with meeting on Election Day. It was the consensus of
the Board to change the November Planning Board meeting from Tuesday,
November 7th to Monday, November 6th. Ms. Smith amended her motion to
include the above change. Mr. McBee seconded the motion and the motion
passed unanimously. *See additional discussion regarding the 2006 calendar
below. (Change Tuesday, May 2nd Planning Board meeting to Monday, May 1st,
2006 due to Primary Election.)
2. Communication Tower Applications
Mr. Megginson stated that one other item related to the 2006 calendar is the
scheduling of the annual communication tower meeting; that typically this
meeting is in March; and that if the Planning Board is in agreement he would
take this date to the Commissioners next week to schedule a public hearing in
March, 2006. It was the consensus of the Board that Mr. Megginson forward the
Planning Board’s proposed date of March 20, 2006 for the annual public hearing
for communication tower applications. Chairman Eliason suggested that Dave
LeGrys be invited to these meetings.
*At this time, there was additional discussion regarding the May 2006 Planning
Board meeting. Mr. Walker noted that the draft calendar shows the May
Chatham County Planning Board Minutes
December 6, 2005 Page 167
Planning Board meeting scheduled for Tuesday, May 2, 2006, which is a Primary
Election date. Following discussion, Ms. Smith amended her above motion to
include that the May Planning Board meeting be changed from Tuesday, May 2,
2006 to Monday, May 1, 2006. Mr. McBee seconded the motion and the motion
passed unanimously. It was noted that staff would provide the Board with
updated calendars reflecting the above changes that are noted as follows:
· May 2nd changed to Monday, May 1
· July 4th changed to Tuesday, July 11th
· November 7th changed to Monday, November 6th
B. Election of Planning Board Officers
Chairman Eliason opened the nominations for the election of officers.
Chair and Vice-Chair:
Ms. Andrews made a motion, seconded by Mr. McBee to re-elect Charles Eliason
as Chair and Jeff Austin as Vice-Chair. There were no additional nominations or
discussion on the motion. The motion passed unanimously. (8 Board members)
Parliamentarian:
Chairman Eliason re-appointed Jennifer Andrews as Parliamentarian.
Ms. Andrews accepted the appointment.
C. Planning Director’s Report
No reports were submitted.
D. Planning Board Member’s Report
No reports were submitted.
X. ADJOURNMENT: There being no further business, the meeting adjourned at
9:30 p.m.

 
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