Minutes 06-04-19 Regular Meeting

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33 Commissioner Bedford asked Planning staff if the Planning Board has requested that the department study the stormwater runoff. Michael Harvey, Current Planning and Zoning Supervisor, said the Planning Board requested that staff provide feedback. He said there are stormwater regulations for more restrictive areas, and staff has been directed to provide pros and cons to the Planning Board on this issue. He said when modifying stormwater regulations can increase costs, and this needs to be understood prior to making a decision. He said current regulations state that a developer cannot increase the amount of stormwater leaving a site, and he is confident that this will be the case with this development, but staff is responding to the Planning Board's request to look at the pros and cons of modifying the standard. Michael Harvey referred to Commissioner Dorosin's question on recreational access, and said that Article 7 of the Unified Development Ordinance (UDO) requires Pedestrian Open Space Access (POSA) easement. He said the applicant is responsible for providing the POSA, so that internal lot owners can access all open spaces. He said the applicant is aware of this, and this provision will be complied with. Commissioner Marcoplos said it would be useful to have a reply to the water supply and well issue raised by the member of the public, in order to have it on record. Patrick Mallett said the well and septic issues are of the greatest concern to the neighbors. He said this is a consideration of the preliminary plat, and there are still DOT driveway permits to be secured; stormwater and erosion control permit that must be obtained; a land disturbance permit; as well as septic and well permits, which are required for each and every lot. Chair Rich asked if the BOCC approved the preliminary plat, will changes then come back to the BOCC. Patrick Mallett said at this level, the preliminary plat is all that the BOCC would review and approve. He said if there were significantly changes then it would go back through the Planning Board process. Michael Harvey said the BOCC is potentially approving the breaking up of this —40- acre parcel into 20 lots, with 37% open space, accessing via a public road network. He said individual lot owners will have to go through the appropriate permitting processes, which will include erosion control, stormwater, environmental health, well, and septic, etc. He said it is conceivable that one could purchase lot 10, and not be able to build a 4- bedroom house due to septic and well concerns. Phil Vilaro from the onsite water protection section from Orange County Environmental Health, said he has worked in Orange County for 17 years. He said there are subdivisions in the vicinity with smaller wells, and he is unaware of any mass extinction or contamination of wells caused by a subdivision with lots of this size. He said the wells would be built to higher standards than other existing, surrounding lots. He said hard rock wells are unpredictable, but there is no precedent in Orange County for wells running dry because of new wells being dug on neighboring land. He said he has never heard of it happening during his tenure in Orange County. He said in North Carolina, one has the right to drill a well on your property. Commissioner McKee said this subdivision is not inconsistent with other ones approved by the BOCC in Orange County and in Chapel Hill. He said he is not concerned about the size of the homes. He referred to the access to the open space, and said due to the small size of the whole parcel, it would not be onerous to interior lot owners to walk to the path to access open space. Commissioner Dorosin referred to the size of the houses and points raised by the Planning Board, and said one thing that may be worth looking at is a PIL for affordable housing. He said it would be good to reconcile large houses with the BOCC's goals for