Planning Board/Board of Adjustment

Minutes TOWN OF CORNELIUS PLANNING BOARD MEETING Assembly Room May 13, 2024 6:30 p.m. Members Present Staff Present Phil Bechtold-Chair Rox Burhans, Planning Director Michael Bu ner Aaron Tucker, Senior Planner Ava Callender Rechelle Ward, Administra ve Assistant Colin Furcht Travis Julian William Sykes Fred Westaway VISITORS Theresa Bechtold David Bechtold INSTALLATION OF OATHS Ms. Ward individually administered the Oath to the following new board members; Michael Bu ner, Ava Callender, Colin Furcht, and Travis Julian. DETERMINATION OF QUORUM Chair Bechtold called the Planning Board mee ng to order at 6:27 p.m. and noted a quorum was present. All members will be vo ng. Chair Bechtold iden fied the members vo ng tonight: Phil Bechtold, Michael Bu ner, Ava Callender, Colin Furcht, Travis Julian, Fred Westaway, and William Sykes. Elec on of Vice Chairperson Chair Bechtold asked if there were any nomina ons. Mr. Furcht nominated Fred Westaway and then entertained a mo on to nominate Fred Westaway, which Mr. Bu ner seconded. Chair Bechtold then asked if there were any other nomina ons. All were in favor and the mo on was approved. In Favor: Mr. Bechtold, Mr. Bu ner, Ms. Callender Opposed: None Mr. Furcht, Mr. Julian, Mr. Sykes, and Mr. Westaway APPROVAL OF MINUTES Chair Bechtold entertained a mo on to approve the April 8, 2024, mee ng minutes. Mr. Westaway made a mo on to approve, and Mr. Jullian seconded. All were in favor and the mo on was approved. In Favor: Mr. Bechtold, Mr. Bu ner, Ms. Callender Opposed: None Mr. Furcht, Mr. Julian, Mr. Sykes, and Mr. Westaway Chair Bechtold entertained a mo on to suspend the Planning Board mee ng and open as the Watershed Review Board. Mr. Westaway made the mo on, and Mr. Bu ner seconded. All were in favor and the mo on was approved. In Favor: Mr. Bechtold, Mr. Bu ner, Ms. Callender Opposed: None Mr. Furcht, Mr. Julian, Mr. Sykes, and Mr. Westaway Chair Bechtold stated the Planning Board mee ng is now closed and the Watershed Review is open. CONSIDERATION OF APPROVAL BUA Averaging Cer ficate Applica on #1 Chair Bechtold recognized Mr. Tucker and asked if he was ready to present. Mr. Tucker presented BUA averaging Cer ficate Applica on #1 for 1000 sq located at 17240 Connor Quay Court. The applicants, Kevin and Delana Harvick, have submi ed the required applica on according to our ordinance for the 1000 sq dona on. They also submi ed this signed plat, which is included in your packet. Once approved, it will be recorded at the register of deeds, making it final. The 1000 sq is coming from a property off Nantz Road and will remedy the current impervious maximum overage allowing it to be used for future purposes. Mr. Tucker provided an aerial view of the lot in ques on. The current maximum area is 17,900 sq , which may seem like a lot. However, it was once two separate lots and has two lots of impervious combined into one, so it is not as much. The donor lot is located off Nantz road, and the donor impervious area is the vegeta ve area seen towards the back of the house, which is kept as a conserva on easement. Therefore, we need to set that aside to transfer impervious rights. We also have a copy of the donor deed showing that they deeded that area as a conserva on easement. A er this transfer, the donor lot will be 15, 835 sq for future transfers. Mr. Tucker asked if there were any ques ons. Mr. Furcht inquired about the frequency of such projects and requested a background on similar scenarios. Mr. Tucker men oned that we usually do 3 to 8 of these transfers per year. Prior to 2020, we amended our ordinance. The state reviewed our Watershed ordinance and suggested that we needed to designate a Watershed Review Board and review these transfers. The basic guidelines that the state gives us, as long as the transfer doesn’t concentrate a lot of build-upon area in one loca on, it's generally okay. What we want to avoid is having 50,000 sq on one small property on the lake, that is a lot of runoff, that would defeat the purpose of a Watershed. Planning Board Mee ng May 13, 2024 Page 2 of 4 This is the process in which we have defined in our ordinance based on the State guidance and the Watershed Review Board, or Planning Board is designated in the code to review these and approve them. Mr. Furcht inquired whether there was any possibility of reclaiming it once it's been transferred. Mr. Tucker stated the only way it can be done is to go back through the same process and is not recommended. Mr. Burhans stated we had 5 BUA cases in 2023. Chair Bechtold asked if there were any more ques ons for Mr. Tucker. None Chair Bechtold entertained a mo on to approve BUA Averaging Cer ficate Applica on #1 Mr. Furcht mo oned, and Mr. Westaway seconded. All were in favor and the mo on was approved. In Favor: Mr. Bechtold, Mr. Bu ner, Ms. Callender Opposed: None Mr. Furcht, Mr. Julian, Mr. Sykes, and Mr. Westaway Chair Bechtold entertained a mo on to close the Watershed Review Board and move back to the Planning Board. Mr. Westaway moved, and Mr. Sykes seconded. In Favor: Mr. Bechtold, Mr. Bu ner, Ms. Callender Opposed: None Mr. Furcht, Mr. Julian, Mr. Sykes, and Mr. Westaway OLD BUSINESS None NEW BUSINESS Mr. Burhans congratulated everyone appointed this a ernoon and congratulated our new Chair and new board members. Thank you for par cipa ng in the orienta on. There will be an alterna ve mee ng on Wednesday, June 5th, along with a workshop star ng at 5:00 p.m. in room 204. This workshop will be facilitated by our town a orney on Quasi-Judicial procedures and will be followed by the regular mee ng at 6:30 p.m. During the mee ng, we will have a variance case on the agenda. One way to improve your knowledge base is to stay informed of what the Town Board is doing. I will encourage you if your schedule permits you to drop in on a Town Board mee ng please join or watch online with Facebook Live. Theresa Harvey is our new Planning Technician. Mr. Bechtold encourages the new board members to join in a Town Board mee ng. Planning Board Mee ng May 13, 2024 Page 3 of 4 ADJOURNMENT Chair Bechtold made a mo on to adjourn the mee ng at 6:43 p.m. Mr. Westaway seconded the mo on. In Favor: Mr. Bechtold, Mr. Bu ner, Ms. Callender Opposed: None Mr. Furcht, Mr. Julian, Mr. Sykes, and Mr. Westaway NEXT MEETING June 5, 2024 Respec ully submi ed: ___________________________ __________ _________________________ _________ Phil Bechtold Date Rechelle Ward Date Chairman Administra ve Assistant Enc: Town Staff PowerPoint Presenta on Planning Board Mee ng May 13, 2024 Page 4 of 4