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    Agenda for 07/05/00 Planning Board Meeting
AGENDA

WAKE COUNTY PLANNING BOARD
3:30 P.M., JULY 5, 2000
ROOM 700, WAKE COUNTY COURTHOUSE
316 FAYETTEVILLE STREET MALL
RALEIGH, NC


NOTE 1: The Code and Operations Committee will meet earlier the same day at 2:30 p.m. in Room 700, Wake County Courthouse, to review OA 00/6 (Regulation of Convenience Stores with Gas Pumps in Residential-40 Watershed Zoning Districts) and discuss addition of 500-year floodplain delineation information to subdivision plat requirements.

NOTE 2: The Subdivision Committee will meet earlier the same day at 2:30 p.m. in Room 704, Wake County Courthouse, to review [S-32-00] Meadowlands at Jones Dairy (Cluster), recommended for denial by the Subdivision Administrator.

NOTE 3: The Code and Operations Committee and Subdivision Committee will meet jointly the same day at 3:00 p.m. in Room 700, Wake County Courthouse, to discuss cul-de-sac length limits.

1. Call to Order: Chair

2. Petitions and Amendments - Chair [This is where 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 purposes of referring it to the staff or a committee or scheduling it for consideration at a later meeting.]

3. Consent Agenda - Chair [These are items proposed to be approved by unanimous consent - without discussion, and in accord with a submitted recommendation. They 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-33-00] Preliminary Subdivision Plan for Palomino Gaits: Database 'Land Use Discussion', View 'By Author', Document 'Palomino Gaits, S-33-00' Proposal to subdivide a 67.19 acre parcel, zoned R-40W, situated on the northwest side of Mitchell Mill Road, between Rolesville Road and NC Hwy. 96 into 29 lots. PIN 1778.02-87-4996 - recommended for approval subject to the following conditions:

1. Provide proof of approval from North Carolina Division of Water Quality that location of Riparian Buffer is accurate and approval to cross with driveway to lot 9; and
2. Lot 1 and 29 shall have no direct driveway access to Mitchell Mill Road.

b. [S-34-00] Preliminary Subdivision Plan for Landingham, Ph. 3: Database 'Land Use Discussion', View 'By Author', Document 'Landingham, Ph. 3, S-34-00' Proposal to subdivide a portion of a 55.39 acre parcel, zoned R-30, situated south of NC Hwy. 42, between Mount Pleasant Road and Middle Creek in Southeastern Wake County, into 33 lots. PIN 1606.01-06-0203 - recommended for approval subject to the following condition:

1. Provide proof of approval from North Carolina Division of Water Quality that location of Riparian Buffer is accurate and approval to cross with road if applicable.

c. [S-37-00] Preliminary Subdivision Plan for Chau-Property (Cluster): Database 'Land Use Discussion', View 'By Author', Document 'Chau Property S-37-00' Proposal to subdivide a 25.35 acre parcel, zoned R-30, situated on the west side of Stephenson Road (SR1302), southeast of Apex, into 29 lots. PIN 0750.02-77-0150 - recommended for approval subject to the following conditions:

1. Provide proof of approval from North Carolina Division of Water Quality of Neuse Riparian Buffers and permission to cross any buffers.
2. Provide a note that 20-foot drainage easements will be provided for all areas with total drainage of at least 4 acres and/or 4 lots.

d. [S-39-00] Preliminary Subdivision Plan for Hopkins Trace: Database 'Land Use Discussion', View 'By Author', Document 'Hopkins Trace, S-39-00' Proposal to subdivide a 44.17 acre parcel, zoned R-30, situated on the south side of Dukes Lake Road (SR2309) between Hopkins Chapel Road (SR2310) and Fowler Road (SR2308), into 49 lots in three phases. PIN 1798.03-41-1122 - recommended for approval subject to the following conditions:

1. Provide proof of approval from North Carolina Division of Water Quality of Neuse Riparian Buffers and permission to cross any buffers.
2. Revise the flood hazard soils to conform to topography, or provide documentation from a licensed soil scientist on why they differ from the Wake County Soils Survey.
3. Provide a note that 20-foot drainage easements will be provided for all areas with total drainage of at least 4 acres and/or 4 lots.

e. [S-40-00] Preliminary Subdivision Plan for Breckenridge Recombination (PH. 2A): Database 'Land Use Discussion', View 'By Author', Document 'Breckenridge recomb. ph. 2A S-40-00 revised' Proposal to recombine ten lots in hte current Breckenridge Subdivision into five lots and shorten Tranquility Lane. The total acreage is 6.92 acres. It is zoned R-30. The original design has been divided by the Proposed US 64/Knightdale Expressway. PIN 1753.04-53-6744; 1753.04-54-0808; 1753.04-53-3988; 1753.04-54-5137; 1753.04-54-8171; 1753.04-54-4302; 1753.04-54-8341; 1753.04-54-7583; 1753.04-53-4614; 1753.04-53-1966 - recommended for approval subject to the following conditions:

1. Provide proof of approval from North Carolina Division of Water Quality that this project is exempt from showing Neuse Riparian Buffers because of time of prior approval or show this Buffer;
2. Confirm that the proposed access easement between lots 25 and 31 meets the standard for an easement to serve an area with the development potential of less than twelve lots. This should be as per the suvdivision ordinance "The subdivider shall grant an easement for the road to the benefit of the adjacent property. The easement shall:
4. Ordinance Text Amendments [These are proposals to amend the text of the County's Zoning and/or Subdivision Ordinances. The Planning Board reviews these proposals in an advisory capacity, recommending that the Boad of Commissioners either approve or deny the proposal.]

a. (OA 00/6) Regulation of Convenience Stores with Gas Pumps in Residential-40 Watershed Zoning Districts Database 'Land Use Discussion', View 'By Author', Document 'OA 00/6 (Convenience Stores w/ Gas Pumps in R-40W): Staff Report to Planning Board (6/21/00)' (Only if Code and Operations Committee completes its review.) (Continued from 6/21/00 meeting to allow further consideration and submittal of additional information, and referred to Code and Operations Committee for its review and recommendation): Proposal to amend the Zoning Ordinance to restrict the location and design of convenience stores with gas pumps in R-40W districts.

i. Staff Update - Stephen Sizemore
ii. Committee Recommendation - Dwight Pearson, Committee Chair
iii. Comments from Interested Parties
iv. Board Discussion
v. Board 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-30-00] Hardship Variance and Preliminary Subdivision Plan for The Park At Langston (cluster): Request hardship variance from the Subdivision Ordinance 1000-foot maximum length cul-de-sac requirement and proposal to subdivide a 32.42 acre parcel, zoned R-30, situated north of Optimist Farm Road between West Lake Road and Bells Lake Road and south of the proposed Southern Wake Expressway into 27 lots for a Cluster Subdivision. PIN 0679.01-49-0224.

I. Variance Request II. Proposed Preliminary Subdivision Plan
b. [S-35-00] Hardship Variance and Preliminary Subdivision Plan for Chenango Woods: Request hardship variance from the Subdivision Ordinance 1000-foot maximum length cul-de-sac requirement and proposal to subdivide an 83.54 acre parcel, zoned R-30, situated north of Sunset Lake Road between Stephenson Road and the proposed Southern Wake Expressway, into 97 lots. PIN 0750.03-32-8823.

I. Variance Request II. Proposed Preliminary Subdivision Plan
c. [S-32-00] Preliminary Subdivision Plan for Meadowlands at Jones Dairy (Cluster): (Only if Subdivision Committee completes its review.) Proposal to subdivide a 99.24 acre parcel, zoned R-15, situated north of Chalks Road and south of Jones Dairy Road into 284 lots for a Cluster Subdivision. PIN 1850.03-31-9837 and 1850.03-41-8409 - recommended for denial based on the following:

1. Provide proof of approval from North Carolina Division of Water Quality that location of Riparian Buffer is accurate and approval to cross these with roads where applicable and locate a sewer pump station within a possible Riparian Buffer;
2. Provide an easement which could be made public to the Lillie Abernathy Heirs property in the area of the proposed lots 48 and 49 which would line up perpendicularly with the flow of the drainage across the property line. The proposal of a public easement which has been submitted, and is located between lots 39 and 40, extends down a drainageway and is not environmentally sensitive, should the Lillie Abernathy Heirs care to construct this in the future. The proposed public easement should be deleted between lots 39 and 40 and replaced with one in the area of lot 49.
3. The easements which the designer has labeled public easement should be relabeled as deeded easements which may be made public by adjoiner at the time he/she would like to develop. These are located between lots 150 and 151; between lots 64 and 65; and the one which should be located between lots 48 and 49; and
4. Comply with requirements for deceleration and/or turning lanes on both Jones Dairy Road and Chalk Road as per North Carolina Department of Transportation, if necessary.

i. Staff Report Database 'Land Use Discussion', View 'By Author', Document 'Meadowlands at Jones Dairy (Cluster) S-32-00' and Recommendation - Lynn Patrie, Subdivision Administration
ii. Committee Recommendation - Robin Hammond, Committee Chair
ii. Comments from Applicant
iii. Comments from Other Interested Parties
iv. Board Discussion
v. Board Conclusions and Action on Proposed Preliminary Plan

6. Minor Subdivision Hardship Variance Request:

a. Hardship Variance Request for Private Road Standards: Request hardship variance from the Subdivision Ordinance requirementto have the existing easement meet the minimum private road standards.

i. Introduction of Variance Request Database 'Land Use Discussion', View 'By Author', Document 'Wake Facilities Design Variance' - Shevelle Porter, Subdivision Administration
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

7. Other Public Concern Matters [i.e. other items of business involving public notice, or having a wide public concern likely to attract public attendance.]

a. Cul-de-sac Length Limits

i. Staff Report - Mike Jennings
ii. Joint Committee Recommendation - Dwight Pearson, Code and Operations Committee Chair
iii. Comments from Interested Parties
iv. Board Discussion
v. Board Action

8. Other Items

a. Board Mission Statement and FY2000-2001 Goals

i. Staff Report - Mike Jennings
ii. Board Discussion
iii. Board Action

9. Approval of the Minutes of the June 21, 2000 Database 'WC - FYI', View 'By Category', Document 'Minutes of 06/21/00 Planning Board Meeting [draft]' meeting. - Chair

10. Reports: - 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. Planning Director's Report - Mike Jennings, Planning Director
b. Subdivision Administrator’s Report - Lynn Patrie, Subdivision Administration
c. Committee Reports
d. Chair Report - Chair

11. Adjournment - Chair