ALAMANCE COUNTY PLANNING BOARD

Chair Rodney Cheek Planning Director Libby Hodges Commissioner s Meeting Room 124 W. Elm Street Graham, NC 27253 May 11, 2017 at 7:00 PM ALAMANCE COUNTY PLANNING BOARD I. CALL TO ORDER AGENDA II. III. ROLL CALL APPROVAL OF PLANNING BOARD MINUTES 1. April 13, 2017 IV. PUBLIC COMMENTS* 1. Request to Speak: Whirligig Woods V. BOARD/COMMISSIONER RESPONSES VI. VII. NEW BUSINESS OLD BUSINESS 1. Ordinance Combination Update Public notification procedure Call for volunteers VIII. ANNOUNCEMENTS/DISCUSSION 1. County Budget Hearing June 5, Board of Commissioners meeting moved to 7pm at the Historic Courthouse. 2. Volunteer of the Year nomination due by Monday, May 15. https://www.alamancenc.com/countymanager/citizen-volunteer-of-the-year/ 3. Vehicle Purchase with GIS Department IX. ADJOURNMENT *Meeting Notes: 1. Those wishing to make public comments should sign-in prior to the meeting. 2. In order to be fair and ensure that all citizens wishing to speak may be heard, the Chair may place time limits on public comments. 3. Any further discussion by the public on a given agenda item is subject to the discretion of the Chair of the Planning Board

ALAMANCE COUNTY PLANNING BOARD REGULAR MEETING MINUTES Thursday, April 13, 2017 7:00 p.m., Board of County Commissioners Room Members Present Members Absent Staff Present Rodney Cheek Ann Meletzke Libby Hodges, David Spruill Debra Hyder Planning Gene Brooks Rob Countiss Director Lee Isley Monte Holland (U) Cletus Dodson Jody Tyree (U) Ravi Balan Amy Galey Edgar Pritchett Amy Galey I. CALL TO ORDER Mr. Cheek called the meeting to order at 7:00 pm. II. ROLL CALL Mr. Cheek took roll. III. APPROVAL OF PLANNING BOARD MINUTES 1. March 9, 2017 Moved to approve: Isley, 2 nd : Spruill Vote: Unanimous IV. PUBLIC COMMENTS None V. COMMISSIONER/BOARD RESPONSES None VI. NEW BUSINESS 1. Comprehensive Plan Proposed Table of Contents Staff presented a memorandum explaining what a Comprehensive Plan is and how it would help the County. Staff advised the Board that the plan would be generated internally and that would take at least a year to develop. The Board recommended including broadband and telecommunications information in the plan as well as Historic information. The Board asked that each County Commissioner appoint 2 citizens to serve on a guidance committee for the Comprehensive Plan (name TBD) as well as soliciting up to 10 additional people to serve on the committee with a maximum of 20 people on the committee. The Board reviewed the Table of Contents and made suggestions for additional maps and studies to be included. The Board agreed by consensus that this information was sufficient for beginning development of the plan. 1

2. Review Fee Schedule Study The Board reviewed the fee information assembled by staff. Staff indicated that they had a difficult time comparing fee schedules due to the differences in policies and procedures between jurisdictions. However, generally it appears we were fairly consistent among our peer counties and adjacent counties. The Board recommended two changes. These fees will be incorporated into the fee schedule presented to the public with the budget hearings. The Board moved to raise the Use Verification fee to $25 per letter. Motion: Brooks, 2 nd : Isley Vote: Unanimous The Board moved to adopt an Existing Non-Conforming Private Road Review Fee. This fee would be $50 and the Board indicated that staff should charge for every plat that was submitted if the exception for non-conforming private road was used for subdivision purposes. Motion: Brooks, 2 nd : Dodson Vote: Unanimous 3. OLD BUSINESS 4. ANNOUNCEMENTS Ordinance Combination Update: Staff gave an update including a proposed Table of Contents. Staff reported that the Historic Properties Commission has given permission to include the HPC Ordinance within the combined ordinance and the Board agreed. Staff recommended the Planning Ordinance also be included and the Board agreed. The Board agreed by consensus that the Table of Contents appeared sufficient at this time. Staff will return next month to ask members who will be involved with previewing and proofing materials as they are developed. Staff updated the Board on the following items: Whirligig Woods Park staff has no additional information and no ordinances apply to this project. No permits have been filed at the time of the meeting. Vehicle: Staff has requested permission from the Board of Commissioners to partner with the GIS Department to purchase a used Toyota 4-Runner or equivalent 4-wheel drive vehicle. The Board of Commissioners will hear the request on May 1. The Planning Department is partnering with PART to participate in a Community Viz project to help us assemble date for use in the Comprehensive Plan and to help PART create a better model for transportation planning use in the triad region. Staff has received an agreement for this work that is being reviewed by the County Attorney. Staff also updated the Board on the potential for an office move in the near future. 5. ADJOURNMENT Board moved to adjourn at 8:20 pm. Motion: Brooks, 2 nd : Spruill Vote: Unanimous Respectfully Submitted May 11, 2017. Libby Hodges Planning Director 2

Alamance County PLANNING DEPARTMENT 215 N Graham Hopedale Rd. Burlington, NC 27217 Tel. (336) 570-4053 INFORMATIONAL MEMORANDUM TO: FROM: Rodney Cheek, Chair, Alamance County Planning Board Alamance County Planning Board Libby Hodges, Planning Director DATE: May 5, 2017 SUBJECT: Public Notification Procedure Summary The Planning Board has requested that staff provide a general procedure for notifying the public in cases of variances and waivers and other Board procedures. It is assumed these decisions will be generally quasi-judicial in nature. State law requires the following (per https://canons.sog.unc.edu/mandated-notices-in-land-developmentregulations/; emphasis added by staff) The local government holding the evidentiary hearing must provide both mailed and posted notice of the hearing. G.S. 160A-388(a2). A notice of the hearing must be mailed to the person who initiated the hearing, the owner of the affected property, and the owners of abutting properties. Some local ordinances expand the mailing requirement to the owners of all properties within a set distance of the affected property (typically those within 100 feet). The notice must be deposited in the mail at least 10 but not more than 25 days prior to the hearing. The local government must also post a notice of the hearing on the site involved. That sign has to be put up at least 10 but not more than 25 days prior to the hearing. There is no state mandate for publishing the notice of an evidentiary hearing in the newspaper, since the purpose of these hearings is to gather facts about a particular case, not to solicit public opinion about a pending policy choice. The notion here is that the interests of those most directly affected and who are most likely to have relevant evidence to offer are best served by mailed and posted notice, while newspaper publication is oriented more to the general public. Some local ordinances, however, do require published notice of these hearings. The Open Meetings Law also applies to these hearings, so in addition to the specific requirements noted above, the notices required by that law must also be provided. G.S. 143-318.10. A copy of the regular meeting schedule must be filed in a central location and posted on the local government s web site (if it has one). A special meeting held outside the regular meeting schedule Page 1 of 2

Alamance County PLANNING DEPARTMENT 215 N Graham Hopedale Rd. Burlington, NC 27217 Tel. (336) 570-4053 requires posting written notice of the meeting on the local government s principal bulletin board, posting notice on the local government s web site, and mailing a copy of the notice 48 hours in advance of the meeting to each person who has made a request for notification. Notice of an emergency meeting must be provided to the local news media. Following is a procedure and reporting tool for a public notification. If you have any questions, please let me know. Page 2 of 2

Instructions for Preparing Mailed Notices for Planning Board Quasi-Judicial Hearings The Alamance County Planning Department staff is responsible for ensuring that notice requirements to property owners have been satisfied. In accordance with the Alamance County xx (cite ordinance) the applicant/agent, shall prepare and mail out notices in accordance with the following instructions. All notices will be sent by USPS Certified Mail, with Return Receipt to the Planning Department. Failure to accurately comply with these instructions shall be due cause to cancel the hearing and reschedule at a later date. Notification Letter and Location Map GENERAL PROCEDURES & REQUIREMENTS 1. 2. Staff will provide the applicant/agent one copy of the notice and one copy of the property location map with the subject parcel(s) outlined. The letter and map may be picked up in person or delivered via e-mail at the applicant/agent s request. The applicant/agent is responsible for providing one copy of the notification letter and map all required property owners. Staff will post a sign on the property at least ten (10) but no more than twenty-five (25) days prior to the scheduled hearing. Who Must be Notified 1. 2. 3. 4. 5. In addition to notifying the subject property owner(s), the applicant/agent must send notifications by certified mail to the mailing address of all owners of any abutting property, whether or not said owners actually reside on the property; and, to all owners of property immediately across the street, road, or highway from the subject property. This notification requirement also applies to property owners in an adjoining county, city or ETJ. Notice sent by certified mail to the last known address of the owner(s) of parcels as shown on the current real estate tax assessment records. All required applications and fees must be received prior to issuance of the notification letter and map. For notification purposes, when the application only involves part of a parcel, the entire parcel is to be treated as the subject property. 6. When the application property is an individual condominium or cooperative unit within a condominium or cooperative building, written notice shall be provided to the condominium unit owners association (or proprietary lessees association) and the unit owners immediately abutting the application property or on the same floor of the building as the application unit and those unit owners immediately above and below the application unit. Page 1 of 3

7. When the application property is abutting or immediately across the street from open space or common ground of a condominium or cooperative, the condominium unit owners association or proprietary lessees association shall be notified in lieu of the individual unit owners. 8. When individual condominium or cooperative units or lots abut or are immediately across the street from the application property, written notice shall be sent to the owner of each unit. 9. When the project abuts or is across the street from state or federally owned properties, staff will assist applicants with finding a contact for delivery of the letter. Addressing of Envelopes 1. Envelopes must be labeled with the return address of the Planning Department, NOT the address of the applicant. 2. Each envelope must contain only the dated legal notice(s) and the property location map(s) with the subject parcel(s) clearly outlined or highlighted. No other information shall accompany these enclosures. 3. All costs for mailing will be borne by the applicant. Addressing of Return Receipts 1. The green Domestic Return Receipt card (PS Form 3811) must also bear the return address of the Alamance County Planning Department, NOT the address of the applicant. 2. The application number must be legibly printed on the lower left-hand corner of the front of the green Domestic Return Receipt card (PS Form 3811). 3. All required portions of the return receipt must be filled out legibly and completely to indicate which property owner had received the notice. When to Mail Certified Letters 1. To provide staff sufficient time to review the accuracy and completeness of the submitted notification materials, and to advise the applicant/agent of any errors to be corrected, the applicant or agent should apply for the hearing as soon as practical. 2. Notices must be postmarked at least ten (10) but no more that twenty-five (25) days prior to the date of the public hearing. 3. A schedule of meetings is posted in January with agenda submittal due dates. It is recommended that the packets be prepared prior to the agenda deadline to ensure the applicant can meet these notification requirements. This calendar is available online at www.alamance-nc.com/planningdept. 4. Failure to submit a complete package of required information to the Planning Department prior to the agenda deadline may require rescheduling the hearing. Page 2 of 3

Information to Transmit to the Planning Department 1. The applicant/agent shall furnish a complete, original, signed and notarized completed Notification List original, either in person or by first class mail. In Case the Public Hearing is Deferred after Notices are Mailed 1. If cases are deferred due to Planning Board action or unexpected event, applicants/agents may notify adjacent property owners via first-class mail of the change in hearing time or venue and the reason for the change. 2. If cases are deferred due to non-compliance with the Ordinance notification or other reasons not at the discretion of the Planning Board, applicants must re-send certified notice as required by the Ordinance. Page 3 of 3

DRAFT Property Notification List.xlsx NOTIFICATION LIST Project Number or Address: 5678 New House Drive PID(s): 123456A Type of Application: Waiver/Variance 123456B Person Filling Out Owner/Applicant: Jake Engineer 123456C Form: Jake Engineer Owner/Applicant Address: 1234 Raleigh Dr. Address 1234 Raleigh Dr. Graham, NC 27xxx Graham, NC 27xxx Phone/Email: Phone/Email: Property Notification List PID Property Address (if available) Property Owner Property Owner Address Date Letter Mailed Certified Receipt Number 123456 555 Property Drive John Doe & Jane Doe 555 Property Dr. xx-xx-xxxx XXYYZZ 112233445566 Statement of Acceptance: I swear/affirm that the information provided in this application is true and accurate to the best of my knowledge. I certify that any copies of documents I did not create myself are true, accurate, and complete copies of the original documents. Applicant Date Sworn to and subscribed before me this day of, 20. Notary Public My Commission Expires: Printed Name of Notary Public