Planning Board Agenda

Similar documents
Planning Board Agenda

MINUTES. Members Present: (6) Mr. C. Arthur Odom, Mr. Billy Myrick, Mr. Tim Clark, Mr. Trenton Stewart, Mr. Will Barker, and Mr.

Town of Morristown PLANNING BOARD and ZONING BOARD OF ADJUSTMENT 200 South Street Morristown, NJ APPLICATION GUIDELINES

MINUTES. Members Not Present: (3) Mr. Blake Cason, Mr. Trenton Stewart, and Mr. Terence Morrison

MINUTE ORDER. BONNER COUNTY PLANNING and ZONING COMMISSION PUBLIC HEARING MINUTES NOVEMBER 5, 2015

City of Talent. Planning Commission. Public Meeting Thursday, February 27, :30 PM. Talent Community Center, 206 East Main Street AGENDA

MINUTE ORDER BONNER COUNTY COMMISSIONERS PUBLIC HEARING MINUTES AUGUST 6, 2015

ALAMANCE COUNTY PLANNING BOARD

LINCOLN COUNTY PLANNING BOARD MINUTES. April 7, 2014

Minutes of 09/03/2003 Planning Board Meeting [adopted]

Variance Review Process

Zoning Commission-Appeals

Richard P. Roberts Partner, Halloran & Sage, LLP. Zoning Commission-Categories of uses

Understanding the Conditional Use Process

Nassau County Department of Planning & Economic Opportunity Nassau Place Yulee, Florida 32097

CHARLOTTE PLANNING COMMISSION FINDINGS OF FACT AND DECISION IN RE APPLICATION OF. George R. Aube 1450 Dorset Street

1. Consider approval of the June 13, 2017 Regular Meeting Minutes

Zoning Board of Appeals

VARIANCE APPLICATION

RESOLUTION NO

BOARD OF REVIEW SCRIPT

LYONS PLANNING COMMISSION MEETING & PUBLIC HEARING Tuesday, January 10, 2017, Meeting: 6:30 pm Hearing: 7:00 pm AGENDA

MINUTES ZONING BOARD OF ADJUSTMENT

D Minor* or Major Subdivision Final Approval

TOWN OF PORTSMOUTH PLANNING BOARD 2200 East Main Road Portsmouth, RI

2/22/2016. Planning and Zoning. David Owens March 2016 SOME CONTEXT

WHEREAS, the staff of The Maryland-National Capital Park and Planning Commission recommended APPROVAL of the application with conditions; and

PLANNING AND ZONING COMMISSION MINUTES REGULAR MEETING October 9, 2018

Concept Plan Project Narrative For 852 River Ranch Court

when the following proceedings, among others were held and done, to-wit:

CITY OF RIO VISTA PLANNING COMMISSION STAFF REPORT

CANYON COUNTY PLANNING & ZONING COMMISSION MINUTES OF REGULAR MEETING HELD Thursday, October 4, :30 P.M.

MINUTES SALEM PLANNING COMMISSION May 2, 2017

PLEASE NOTE THAT ALL BCC MEETINGS ARE RECORDED AND TELEVISED

COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT APPLICATION

ALI-ABA Course of Study Historic Preservation Law. Cosponsored by the National Trust for Historic Preservation. November 3-4, 2005 Washington, D.C.

SECTION 4: PRELIMINARY PLAT

Town of Weaverville Zoning Board of Adjustment Council Chambers March 12, 2018, 7pm. Agenda

MONTGOMERY COUNTY PLANNING BOARD

City of Lake Elmo Planning Commission Meeting Minutes of January 14, 2013

CHAPTER 3 PRELIMINARY PLAT

[Cite as Cambridge Commons Ltd. Partnership v. Guernsey Cty. Bd. of Revision, 106 Ohio St.3d 27, 2005-Ohio-3558.]

Application to Amend the Bay County Zoning Map (Please type or print clearly)

Planning and Zoning Staff Report Vallivue School District - PH

ALACHUA COUNTY VALUE ADJUSTMENT BOARD. Process and Procedures 2007

(CHARLOTTE SKI BOATS) STAFF REPORT.PDF

French, Bruce. The applicant is requesting a zone change from Suburban to Rural Service Center.

09/15 Agenda. Documents: 9.3 PB AGENDA.PDF Documents: STAFF REPORT.PDF Documents: STAFF REPORT.PDF.

CITY COUNCIL VOTING RESULTS

Town of Shelburne, Vermont

VANCE COUNTY BOARD OF ADJUSTMENTS

CITY OF WHITE SALMON PLANNING COMMISSION MINUTES. April 23, 2003

TOWN OF MINNESOTT BEACH PLANNING BOARD MEETING August 6, 2009

MONTGOMERY COUNTY PLANNING BOARD

GUNNISON COUNTY PLANNING COMMISSION PRELIMINARY AGENDA: Friday, July 7, 2017

MINUTES. Members Present: (6) Mr. Tim Clark, Mr. Brenton McConkey, Mr. Trenton Stewart, Mr. Blake Cason, Mr. John Barker, and Mr.

KALAMAZOO METROPOLITAN COUNTY PLANNING COMMISSION (KMCPC)

PLANNING COMMISSION MINUTES - CITY OF INVER GROVE HEIGHTS. Tuesday, May 20, :00 p.m. City Hall Chambers Barbara Avenue

GRIEVANCE PROCEDURE OF THE HOUSING AUTHORITY OF THE CITY OF KANSAS CITY, KANSAS

CHAPTER 2 APPLICATION AND PERMITTING PROCEDURES

REQUEST FOR COUNCIL ACTION

ALPINE TOWNSHIP PLANNING COMMISSION REGULAR MEETING June 15, 2017

APPLICATION FOR CONDITIONAL USE PERMIT

BOARD OF ADJUSTMENT, PANEL A PUBLIC HEARING MINUTES DALLAS CITY HALL, COUNCIL CHAMBERS TUESDAY, APRIL 21, 2015

MINOR SUBDIVISION INFORMATION

Buildings for Lease or Rent

A. Consideration of the unapproved December 8, 2015 minutes B. Consideration of the unapproved January 12, 2016 minutes

Planning and Zoning Staff Report Maverick Towers Van Wassenhove, PH

CITY OF DURHAM DURHAM COUNTY NORTH CAROLINA. Zoning Map Change Report. RR Existing Zoning. Rural Rural Density Residential Site Characteristics

Planning and Heritage Sub-committee MINUTES

Medical Marijuana Special Exception Use Information

CHARLOTTE PLANNING COMMISSION FINDINGS OF FACT AND DECISION IN RE APPLICATION OF

Lincoln County Board of Commissioner s Agenda Item Cover Sheet

R E S O L U T I O N. 2. Development Data Summary

CIRCULAR On strategic environmental assessment, environmental impact assessment, and environmental protection plans (*)

Town of Cary, North Carolina Site Plan Staff Report Centregreen Park at Weston (13-SP-067) Town Council Quasi-Judicial Hearing April 3, 2014

Planning Board. Meeting Agenda. January 15, 2019 at 7:00 PM Council Chambers, 201 S Main St

MINUTE ORDER. BONNER COUNTY PLANNING and ZONING COMMISSION PUBLIC HEARING MINUTES APRIL 7, 2016

STAFF REPORT AND RECOMMENDATION TO THE HEARING EXAMINER. Mansur/Stump Comprehensive Plan/ Zoning Map Amendments

SEQRA RESOLUTION PLANNING BOARD TOWN OF ONTARIO Re: Kuhn Subdivision 563 Boston Road, Ontario, NY 14519

MANHEIM TOWNSHIP PLANNING COMMISSION MINUTES Wednesday February 28, 2007

FRANKLIN COUNTY PLANNING BOARD. April 12, 2016

Adopted August 22, 2013 by Sanders County Commissioners. Page 1 of 6

Application for Sketch Plan Review

MESA COUNTY PLANNING COMMISSION OCTOBER 28, 2004, PUBLIC HEARING MINUTES

MEMORANDUM. 407 West Patterson Place: Appeal of Town Manager Decision (File No ) INTRODUCTION

A G E N D A. Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM February 9, 2017 at 6:00 p.m.

Dispute Resolution Services

Finnerty, Shawn & Lori Water Front Setback

Richard Land, Chair; Melody Alger, Chris Mulhearn, Jody Sceery, and Barry Golden (Alternate).

MAJOR SUBDIVISION PRELIMINARY PLAT CHECKLIST

City of Brandon Brownfield Strategy

MARIN COUNTY BOARD OF SUPERVISORS RESOLUTION

Arundel Planning Board Minutes August 28, 2014 M L Day School Library

Minutes of the Proceedings Laramie County Planning Commission Prepared by the Laramie County Planning & Development Office Laramie County Wyoming

MINUTES OF THE REGULAR MEETING OF. May 08, Staff members present: Jim Hewitt, Ginny Owens, David Mahoney

MINNEHAHA COUNTY ZONING BOARD OF ADJUSTMENT JULY 23, 2018 MEETING MINUTES. MINUTES OF THE MINNEHAHA COUNTY ZONING BOARD OF ADJUSTMENT July 23, 2018

Spirit Lake North, LLC

ROUTT COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA COMMUNICATION FORM

KINGWOOD TOWNSHIP BOARD OF ADJUSTMENT. MINUTES May 11, :30 PM

Transcription:

Planning Board Agenda Thursday, November 8, 2018, 5:30 p.m. Bryant Womack Justice & Administration Center 40 Courthouse Street Columbus, North Carolina 28722 I. Call to order II. III. IV. Approval of Agenda Approval of August 9, 2018 meeting minutes Discussion regarding C.O.W.s (Carrier or Cellular On Wheels) V. Subdivision Ordinance updates, overview and training VI. VII. VIII. Other Business Public Comments Adjournment Page 1 of 1

Planning Board Minutes Thursday, August 9, 2018, 5:30 p.m. Bryant Womack Justice & Administration Center 40 Courthouse Street Columbus, North Carolina 28722 Members Present: Libby Morris (Chair), John Rose, Lee Barker, Gerald Pack, Wayne Horne Member(s) Absent: Neal Barton, Warren Watson Staff Present: Cathy Ruth (County Planner) and Samantha Collins (Secretary), Bruce Yelton (County IT Director) Members of the Public Present: Tommy Melton (Commissioner) I. Call to Order Chair Libby Morris called the meeting to order. II. Approval of Agenda With the correction of adding Polk County IT Director s last name Bruce Yelton to the agenda, Pack made a motion to approve the agenda and Rose seconded. All voted in favor and the motion passed (4-0). III. Approval of June 14, 2018 meeting minutes Pack made a motion to accept the June 14, 2018 meeting minutes and Barker seconded. All voted in favor and the motion passed (4-0). IV. Presentation of 2017 Polk County Broadband Survey by Polk County IT Director Bruce Yelton IT Director Yelton presented a PowerPoint presentation on his work in 2017 with conducting a countywide survey on the internet availability experienced by residents. He answered questions from the Board regarding connectivity, communications infrastructure, and details on the County s current capabilities. Page 1 of 2

V. Discussion regarding C.O.W.s (Carrier or Cellular On Wheels) County Planner Cathy Ruth brought the request from the Board of Commissioners to the Planning Board to make a recommendation to locate the towers [C.O.W.s] in a way to be the least visibly disruptive to neighboring properties. The Board discussed the current application requirements for a zoning application for a C.O.W. and decided to consider the information presented and table this discussion until the regular meeting in October 2018. VI. Other Business No other business. VII. Public Comments Commissioner Tommy Melton shared with the Board that the old Polk County Jail will continue to have purpose as the PANGEA communication facility. VIII. Adjournment Horne made a motion to adjourn and Pack seconded. All voted in favor and the motion passed (4-0). Page 2 of 2

Subdivision Ordinance Quasi-Judicial Overview November 9, 2018 Planning Board Presentation

Subdivisions Two-Lot Subdivision Expedited Review for Three Lots Family Subdivision Minor Subdivision Major Subdivision Cluster Development Subdivision

Administrative Review by Staff Two-Lot Subdivision Expedited Review for Three Lots Family Subdivision

Planning Board Approval Minor Subdivision (Administrative) Major Subdivision (Administrative or Quasi-Judicial) Cluster Development Subdivision (Administrative or Quasi-Judicial)

Two types of Decisions Administrative Quasi-Judicial

Administrative Decisions 2 Based on clear, objective standards in the ordinance. Routine and nondiscretionary. There is no need for a hearing. May be made by a staff person, an appointed board, or an elected board. 1

Quasi-Judicial Decisions 2 Quasi-judicial decisions are based on subjective standards in the ordinance. Apply a subjective standard to a certain set of facts. Require an evidentiary hearing and they must be made by an appointed or elected board, not an individual staff person. 1

Quasi-Judicial Trigger in Subdivision Ordinance Traffic Impact Analysis Environmental Impact Statement

Traffic Impact Analysis Subdivision is generating more than 800 trips a day

Environmental Impact Statement Item (1) 100 acres or greater, not including open space (defined in Section 5.8) 100 (2) Dependent on non-public groundwater supply 50 (3) 33% or greater of total project parcel(s) includes slopes of 30% or greater 30 (4) 33% or greater of total project parcel(s) located in a designated WS-II, WS-III, or WS-IV water supply area (5) Not connected to a central public sewage treatment system 25 (6) 33% or greater of non-open space area located in a floodplain 25 (7) Parcel(s) located adjacent to a farmland preservation area 20 (8) Located adjacent to or surface drains into designated state trout waters 20 (9) 33% or greater of total project parcel(s) includes hydric soils as defined by the US Department of Agriculture (10) 33% or greater of total project parcel(s) includes prime farmland soils as defined by the US Department of Agriculture (11) 33% or greater of total project parcel(s) includes slopes between 20% and <30% 15 Points 25 20 15 (12) Includes a natural heritage area(s) 15 (13) Adjacent to land trust/conservation properties 15 (14) Includes or located within 2,500 feet (direct distance) of a historic property 15 TOTAL POINTS 390 (15) Cluster subdivision incentive -50

How it works: 3 Before the Meeting Ordinance Guides the Process Application submitted Application goes to Planning Board Ordinance listed standards must be met Burden of Proof on Applicant

Quasi-Judicial Approval if Applicant demonstrates: 1) The proposed subdivision complies with all applicable standards and regulations of the ordinance and with all other applicable federal, state and county regulations.

Quasi-Judicial Approval if Applicant demonstrates: 2) The proposed subdivision is in harmony with the County s currently adopted Comprehensive Plan as well as other plans adopted by the Board of Commissioners.

Quasi-Judicial Approval if Applicant demonstrates: 3) Adequate facilities exist or will be provided prior to the time they are needed. For the purposes of this section, adequate facilities constitute those necessary for the functionality of the subdivision in compliance with this Ordinance and include, without limitation, roads, utilities, stormwater management, and waste and wastewater treatment facilities.

Quasi-Judicial Approval if Applicant demonstrates: 4) The proposed subdivision shall not result in significant negative environmental impacts, whether direct, secondary, or cumulative. When making this determination, the Board shall give due consideration to any appropriate effective mitigating action(s) proposed or agreed to by the applicant.

Quasi-Judicial Approval if Applicant demonstrates: 5) The road system in the subdivision will connect to segments of the public road system with adequate capacity to handle the projected traffic flow, both on an average basis and at peak hours. Furthermore, the subdivision shall be so located and designed as to provide direct access to the subdivision without creating substantial additional traffic in residential neighborhoods outside the subdivision.

Quasi-Judicial Approval if Applicant demonstrates: 6) From a hydrological perspective, the proposed subdivision is not expected to interfere with any presently existing legal use of water nor is it expected to impact the long-term sustainable supply of groundwater. Any discharges of wastewater to surface waters or to the ground shall meet the pretreatment requirements of the state, as well as any requirements of a municipality if the discharge is going to a municipal treatment facility.

How it works: 3 At the Meeting Board hears facts of the case Board weighs the facts of the case against the required standards ALL standards are believed to have been met = APPROVAL Conditions may be applied One or more of the standards are not met = DENIAL Applicant may appeal

What is a quasi-judicial hearing? 3 Quasi-judicial means the Board is expected to comply with procedural rules closely akin to those of a trial court such as: sworn testimony of witnesses no hearsay evidence cross examination of witnesses

Quasi-judicial hearings how do they work? 3 Based on NC Supreme Court case (Harden v. Raleigh, 1926), the Board has a duty to perform these two key functions: Investigate facts Draw conclusions

Typical Hearing Chair explains proceedings Witnesses identify themselves and are sworn in Administrator presents pertinent background evidence Applicant presents evidence Opposition presents evidence Board can ask questions throughout presentations

Typical Hearing (Board s Rules of Conduct) Board cannot discuss merits of any proceedings with any interested parties (except in a public hearing) Recuse self if any personal or financial interest in the outcome of a proceeding Forebear from public comment on evidence offered in a proceeding or what we believe the decision should be until all evidence has been heard and final arguments made. Board is asked to disclose any issues they have.

Board s Decision After testimony is concluded, Chair of Board may close testimony, and call for a continuation of meeting at a later date, then come back to deliberate, or may deliberate after testimony. Finding of facts must be recorded, not opinions. Decision is based off of the standards in ordinance.

Current ordinance may not apply: Development Agreement Legal Decisions

Call with any questions or email. Who should I contact? Hannah or Cathy 828-894-2732 hlynch@polknc.org or planning@polknc.org

Endnotes 1 Administrative Modifications in Subdivision and Zoning Ordinances; Adam Lovelady; September 23, 2016; Coates Canons: NC Local Government Blog; https://canons.sog.unc.edu/administrativemodifications-subdivision-zoning-ordinances/ 2 Subdivision Plat Approval: What type of decision is it?; Adam Lovelady; July 16, 2014; Coates Canons: NC Local Government Blog; https://canons.sog.unc.edu/subdivision-plat-approval-whattype-of-decision-is-it/ 3 Board of Adjustment Workshop. NC Division of Community Planning. Local Government Training. April 12, 2012. https://www.nccommerce.com/rd/community-assistance/economic-advancementand-planning/regional-office-services/western/training-library