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Agenda for 06/06/01 Planning Board Meeting
Becky E Smith
on
05/31/2001
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04:22 PM
Category:
Planning Board\Agenda
AGENDA
Wake County Planning Board
Wednesday, June 6, 2001
3:30 p.m., Room 700
Wake County Courthouse
316 Fayetteville Street Mall
Raleigh, N.C.
NOTE: The Code and Operations Committee will meet earlier the same day at 3:00 p.m. in Room 704 to discuss "Sworn Testimony" requirements.
1. Call to Order:
Mr. Terry Yeargan, Chair
2. Petitions and Amendments:
Mr. Terry Yeargan, Chair
[Board members, staff, or persons attending the meeting may submit or present written or oral requests unrelated to items on the agenda, including requests to amend the agenda to add or re-order items. A new item involving substantive matters of potential public interest may be added to the agenda only for the purposes of referring it to the staff or a committee or scheduling it for consideration at a later meeting.]
3. Consent Agenda:
Mr. Terry Yeargan, Chair
[These are items proposed to be approved by unanimous consent - without discussion, and in accord with a submitted recommendation. The are limited to preliminary subdivision plans recommended for approval by the Subdivision Administrator and not involving a variance, and items where a Planning Board committee unanimously recommends approval and concurs with the staff recommendation. If any Board member objects to unanimous consent approval of any item below (whether because of disagreement with the recommendation or a wish to discuss the matter further), the Chair will declare the item removed to an appropriate place on the agenda for separate discussion.]
a. [S-12-01] Preliminary Subdivision Plan for Norwood Crest Cluster:
Proposal to subdivide a 15.32-acre parcel, zoned R-40W, situated on the northwest corner of Mount. Vernon church Road and Norwood Road, north of Raleigh, into 15 lots. PIN 0799.01-49-8271 and 0799.02-58-6937 - recommended for approval subject to the following conditions:
1. Change note 6 to read: No lots will be permitted to access directly onto NCSR 1844 or NCSR 1834; and
2. Add 30-foot perimeter building setbacks to lots 2-8 along the Norwood Road side and lots 1 and 5 along the Mount Vernon Church Road side.
b. [S-16-01] Preliminary Subdivision Plan for O'Neal Forest:
Proposal to subdivide 43.606-acres into 17 lots, zoned R-40W, located on the east side of O'Neal Road, south of its intersection with Purnell Road. PIN 1822.03-52-7210 and 1822.03-51-6518 - recommended for approval.
c. [S-19-01] Preliminary Subdivision Plan for Donald G. Gregory Property:
Proposal to subdivide a 3.62-acre parcel situated on the north and south sides of Fish Hook Drive, southeast of Willow Springs near the Johnston County line, into 2 lots. PIN 0695.02-76-0971 - recommended for approval.
d. [S-20-01] Preliminary Subdivision Plan for The Duke Subdivision:
Proposal to subdivide a 9.32-acre parcel, zoned R-30, that will extend Priceview Drive to rock Service Station Road, south of Raleigh, into 6 lots. PIN 1607.04-50-9730 - recommended for approval.
4. Ordinance Amendments -
[These are proposals to amend the text of the County's Zoning and/or Subdivision Ordinances, to change the regulations, procedures, or other provisions applicable to development. The Planning Board reviews these proposals in an advisory capacity, recommending that the Board of Commissioners either approve or deny the proposed amendment. The Board must base its recommendation on whether or not the proposed amendment is consistent with the County's Land Use Plan and otherwise advances the public health, safety, and general welfare.]
a. OA[01/3] Amendment to the Signage Regulations in Wake County's Zoning Ordinance:
Proposal to amend the Wake County Zoning Ordinance sign regulations to provide greater flexibility in signage for multi-tenant buildings, nonresidential properties with more than one building and for nonresidential properties with frontage on more than one street.
i. Staff Report and Recommendation
- Ms. Melinda Clark, Land Development Administrator
ii. Comments from Interested Parties
iii. Board Discussion
iv. Board Conclusions and Recommendation to Board of Commissioners
5. Preliminary Subdivision Plans (including associated variances) -
[These are applications for approval of preliminary plans for the division of land into lots, which are reviewed for compliance with standards set forth in the County's Subdivision Ordinance. If the plan complies with all applicable standards, the Board must approve it; if not, the Board must either deny it or approve it with conditions specifying actions that will ensure such compliance. These applications may be accompanied by applications for hardship variances from the Subdivision Ordinance's standards, which must be decided before review of the preliminary subdivision plan. The Planning Board may grant a variance only after it hears evidence as to hardships due to the land or parcel, makes findings of fact supported by the presented evidence, and, based on those findings of fact, concludes that: (a) strict application of the relevant standard would prohibit subdivision of the parcel in accord with the spirit and intent of the Subdivision Ordinance because of extraordinary circumstances peculiar to the parcel; (b) the variance is necessary to avoid extraordinary and unnecessary hardship; and (c) the variance will not result in detriment to the public interest or violate the intent and purpose of the Subdivision Ordinance. The applicant bears the burden of presenting sufficient evidence to allow the Board to make findings of fact and reach the required conclusions.]
a. [S-11-01] Hardship Variance and Preliminary Subdivision Plan for Jeanieland (now Mont Claire Ridge)
:
(First presented to the Planning Board at its May 2, 2001 meeting. By a vote of 7-3, the variance was denied and by a vote of 6-4, the preliminary subdivision was denied, due to lack of evidence of hardship and applicant was not present.) Request a hardship variance from the Subdivision Ordinance's requirement that through roads shall be public roads and proposal to subdivide a 10.5 -acre parcel, zoned R-30, situated on the west side of Rolesville Road, off of B.J. Lane, between Riley Hill Road and Watkins Road, in the eastern part of the County, into 8 lots. PIN 1766.01-37-4239 - recommended for approval subject to the following conditions:
1. Approval of a variance to allow a through road to be private; and
2. The owner will grant a private access easement to the property owner to the west and his heirs and assigns, prior to or in conjunction with final plat approval.
I. Variance Request:
i. Introduction of Variance Request - Ms. Lynn Patrie, Planner
ii. Testimony and Presentation of Evidence re Hardship by Applicant
iii. Testimony and Presentation of Evidence by Other Interested Parties
iv. Board Discussion
v. Board Findings of Fact
vi. Board Conclusions re Hardship and Action on Variance Request
II. Proposed Preliminary Subdivision Plan:
i. Staff Report and Recommendation - Ms. Lynn Patrie, Planner
ii. Presentation or Comments form Applicant
iii. Comments from Other Interested Parties
iv. Board Discussion
v. Board Conclusions and Action on Proposed Preliminary Plan
b. [S-17-01] Hardship Variance and Preliminary Subdivision Plan for Stonewall:
Request hardship variance from the Subdivision Ordinance's 250 foot maximum length for the stem of a flag lot requirement and proposal to subdivide a 34.808-acre parcel, zoned R-40W, situated on the south side of Bud Morris Road and just west of Stony Hill Road, north of Highway 98, into 18 lots. PIN 1811.01-47-8385 - recommended for approval subject to the following conditions:
1. Grant a variance on length of stem of flag lot for lot 18; and
2. Make a finding that a flag lot is justified.
I. Variance Request:
i. Introduction of Variance Request - Ms. Lynn Patrie, Planner
ii. Testimony and Presentation of Evidence re Hardship by Applicant
iii. Testimony and Presentation of Evidence by Other Interested Parties
iv. Board Discussion
v. Board Findings of Fact
vi. Board Conclusions re Hardship and Action on Variance Request
II. Proposed Preliminary Subdivision Plan:
i. Staff Report and Recommendation - Ms. Lynn Patrie, Planner
ii. Presentation or Comments form Applicant
iii. Comments from Other Interested Parties
iv. Board Discussion
v. Board Conclusions and Action on Proposed Preliminary Plan
c. [S-18-01] Hardship Variance and Preliminary Subdivision Plan for Birklands:
Request hardship variance from the Subdivision Ordinance's prohibition of curb and gutter in water supply watersheds and proposal to subdivide 48.63-acres into 34 lots with .73 -acres of open space, located on the north side of Penny road, west of its intersection with Holly Springs Road. The property is zoned R-40W and is in the Town of Cary Short-Range Urban Services Area. PIN 0761.12-95-0434 and 0761.04-94-4549 - recommended for approval subject to the following conditions:
1. That curb and gutter not be allowed unless the Planning Board determines a variance is warranted;
2. That the approved preliminary plan provides detailed information on how the Swift Creek Land Management Plan regulations will be met, specifically assigning maximum impervious surface allowed for individual lots; and
3. Show 20-foot building setback adjacent to watershed buffers.
I. Variance Request:
i. Introduction of Variance Request - Ms. Melinda Clark, Land Development Administrator
ii. Testimony and Presentation of Evidence re Hardship by Applicant
iii. Testimony and Presentation of Evidence by Other Interested Parties
iv. Board Discussion
v. Board Findings of Fact
vi. Board Conclusions re Hardship and Action on Variance Request
II. Proposed Preliminary Subdivision Plan:
i. Staff Report and Recommendation - Ms. Melinda Clark, Land Development Administrator
ii. Presentation or Comments form Applicant
iii. Comments from Other Interested Parties
iv. Board Discussion
v. Board Conclusions and Action on Proposed Preliminary Plan
6. Other Substantive Matters -
[These are other substantive matters not involving public notice and generating little public concern (such as requests for comments on or endorsement of concepts, information only items, etc.]
a. Implementation of Neuse River Basin Model Stormwater Plan for Nitrogen Control:
Mr. Mike Jennings, Environmental Services
b. Board Discussion on Sworn Testimony Requirement(s):
(if Code and Operations Committee completes its review)
:
Mr. Phil Hinton, Chair, Code and Operations Committee
7. Approval of the Minutes
for the May 16, 2001 meeting.
Mr. Terry Yeargan, Chair
8. Reports -
Mr. Terry Yeargan, Chair
[These are reports unrelated to items of business on the agenda, i.e. matters concerning disposition of matters previously considered by the Board, matters likely to demand Board consideration in the near future, status of ongoing projects, etc.]
a. Interim Planning Director's Report
b. Land Development Administrator's Report
c. Committee Reports
1.
Subdivision Committee: Mr. Ed Ashworth, Chair
2. Code and Operations Committee: Mr. Phil Hinton, Chair
3. Land Use Committee: Ms. Denese Lavender, Chair
d. Chair
9. Adjournment -
Mr. Terry Yeargan, Chair