Close
Response
Minutes for 08/02/00 Planning Board Meeting [adopted]
Becky E Smith
on
08/09/2000
at
08:36 AM
Category:
Planning Board\Minutes
MINUTES
WAKE COUNTY PLANNING BOARD
3:30 P.M., AUGUST 2, 2000
ROOM 700, WAKE COUNTY COURTHOUSE
316 FAYETTEVILLE STREET MALL
RALEIGH, NC
Members Present:
(9) Mr. Terry Yeargan (Chair), Mr. Dwight Pearson (Vice-Chair), Ms. Kimberly Siran, Mr. Stan Norwalk, Ms. Denese Lavender, Mr. Mason Williams, Mr. Ed Ashworth, Ms. Robin Hammond, Mr. Phil Hinton
Members Not Present:
(1) Ms. Phyllis Rush
Staff Present:
Mr. Mike Jennings, Planning Director; Ms. Lynn Patrie, Subdivision Administration; Mr. Stephen Sizemore, Planning Attorney; Ms. Becky Smith, Secretary to the Board
1. Call to Order:
Mr. Yeargan called the meeting to order at 3:35 p.m.
2. Petitions and Amendments -
Mr. Yeargan asked if there were any petition or agenda amendments. Mr. Jennings asked that the Board add a presentation of an update on the Open Space Program for Wake County. This item was placed on the agenda in between items 3 and 4.
3. Consent Agenda -
Mr. Yeargan asked if any Board member objected to unanimous consent approval of the item on the consent agenda. Due to a conflict of interest, Mr. Ashworth excused himself from the vote. Mr. Norwalk asked that item 3(a) be removed from the consent agenda for discussion. Item 3(a) was removed from the consent agenda and placed on the regular agenda as item 4(b). With no other changes, consent approval was given for the remaining item on the consent agenda with a vote of 8-0.
[Item 3(a) was removed from consent agenda and placed on regular agenda as item 4(b).]
b. {S-41-00] Preliminary Subdivision Plan for Kennebec Farm, Ph.2 (Cluster):
Proposal to subdivide a 37.4 acre portion of a parcel, zoned R-30, situated on the west side of Kennebec Road, between Bud Lipscomb Road and the Harnett County Line into 41 lots. PIN 0685.03-03-5439. Plan titled “Preliminary Subdivision Plan for Kennebec Farm, Ph. 2 (Cluster)” and map dated 07/14/00 is approved as submitted, 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;
2. Show thirty-foot (30') perimeter setbacks along lots at the edge of cluster subdivision along the eastern side of lots 1 through 6 and 31 through 41, the northern side of lots, 6, 7, 14, 15, and 16, the western side of lots 16 and a portion of lot 17.
[Mr. Ashworth rejoined the Board meeting at this time.]
4. Update of Open Space Program -
Mr. Sig Hutchinson, Chair
Mr. Hutchinson presented the history of open space. He stated that open space for Wake County started with the adoption of the Land Use Plan in 1997. With the adoption of the Land Use Plan, the Open Space Task Force was established and charged with developing a way to preserve open space in Wake County. This Task Force has since evolved into the Open Space Advisory Committee. Mr. Hutchinson stated that there are five key components of open space: (1) environmental (air and water quality), (2) recreational (greenways, trails, parks, non-motorized areas), (3) wildlife preservation, (4) cultural heritage, and (5) historical landmarks.
The Open Space Advisory Committee is currently offering matching grants to encourage the preservation of open space. The Committee is finding that once open space is acquired, adjacent landowners become more interested in this preservation of land. Mr. Hutchinson distributed, to each Board member, a copy of a pamphlet published by the Triangle Greenways Council promoting greenways in the triangle region. These natural corridors of land provide quality of life, recreational opportunities, alternative transportation, economic growth, improved water quality, wildlife corridors, educational opportunities, and physical health and well being to all citizens.
5. Preliminary Subdivision Plans (including associated variances) -
a. [S-12-00] Hardship Variance and Preliminary Subdivision Plan for Hunter Estates:
Request hardship variance from the Subdivision Ordinance 1000-foot maximum cul-de-sac length requirement and proposal to subdivide a 22.5 acre parcel, zoned R-40W, situated on the north side of Fowler Road (SR2308), west side of Hwy. 96, and southeast of Rolesville, into 11 lots.
I. Variance Request
Ms. Patrie presented the staff report that recommends denial, as it is detrimental to the public interest, and it violates the intent and purpose of the subdivision ordinance to coordinate interconnecting road networks. The hardship variance is sought on the basis of the fact that strict application of the 1000-foot maximum cul-de-sac length standard would prohibit the subdivision of the tract, as desired. Hunter Estates is zoned residential R-40W, is north of Fowler Road (SR2308), west of N.C. Hwy. 96, and southeast of the Town of Rolesville. The proposed division has access from Jaback Drive, which is in Phase I of Hunter Estates. The south and east sides of this proposed division are bounded by Phase I of Hunter Estates, which was developed as single family dwelling lots and would provide no location for a stub. The west side of the property has a drainageway buffer and flood hazard soils. To the north is a tract of land, which has drainageway and watershed buffers dividing it and will have Neuse River Riparian Buffers isolating a large part of it. Staff is recommending that a public road stub be provided to the north.
Mr. Yeargan invited the applicant, then anyone else in the audience, to present testimony as to the hardship. Mr. Matthew Foster of Deward Baker and Associates, representative for the applicant, presented an explanation of the hardship. The contention of the property owner, Mr. Forest Broughton, is that the Board approved Phase II of Hunter Estates in 1996. Due to a financial situation, development of the property was not done, thus the approval of 1996 expired. A variance of the same kind was brought to the Board in Phase I and was approved at that time.
Mr. Yeargan invited Board members for discussion and findings of fact. After much discussion about stub-outs, Ms. Lavender made a motion that the Board deny the variance request in that no hardship has been demonstrated by the applicant. Seconded by Mr. Norwalk, the motion carried by a vote of 8-0. The applicant asked that the Board allow him to come back to the Board to demonstrate the hardship and address the issue of road connectivity.
II. Proposed Preliminary Subdivision Plan
Ms. Patrie presented the staff report that recommends denial based on the applicant providing proof that the variance to be granted by the Planning Board for the cumulative length of the cul-de-sac [Section 3-4-8(D)(9)(a) is needed. Ms. Patrie stated that no proof has been presented to date. Mr. Foster stated that Ms. Beth Barnes from N.C. Water Quality did visit the site and walk the property to determine if riparian buffers were present. However, he has not received a letter from her.
Mr. Yeargan invited the Subdivision Committee to present their findings and action. Ms. Hammond, Chair of the Subdivision Committee, stated that the consensus of the committee is that interconnectivity of roads are essential and concurred with the staff recommendation that a stub be made to the north. Therefore, the Subdivision Committee unanimously recommends denial of the subdivision plan. Mr. Yeargan asked the applicant if he would like to request an opportunity to revise the preliminary subdivision plan. Mr. Foster requested the opportunity to revise the preliminary plan. Mr. Yeargan asked Board members if there were any objections to granting the request. There being none, the request was granted.
c. [S-35-00] Preliminary Subdivision Plan for Chenango Woods:
Proposal to subdivide an 81.83-acre parcel, zoned R-30, situated north of Sunset Lake Road between Stephenson Road and the proposed Southern Wake Expressway, into 99 lots. PIN 0750.03-31-8823 - recommended for approval subject to the following conditions:
1. Provide proof of approval from North Carolina Division of Water Quality that location of Riparian Buffers are accurate;
2. Approval for variance from North Carolina Department of Transportation from Map Act or written acknowledgement that variance from Map Act is not needed;
3. Thirty-foot (30')
perimeter setback should be removed from permanent open space, and;
4. Construction plan shall delineate how phasing standards will be met.
Ms. Patrie presented the staff report that recommends approval of the subdivision plan subject to conditions 1 through 4 listed above. Mr. Norwalk asked staff to give an update on how cul-de-sac lengths are measured and the point of origin to begin the measurement. Mr. Williams made a motion that the Board approve S-35-00 Preliminary Subdivision Plan titled “Chenango Woods (Cluster,” PIN 0750.03-32-8823 and map dated 05-18-2000, as submitted subject to conditions 1 through 4 listed above. Seconded by Ms. Hammond, the motion carried with a vote of 8-0.
[Mr. Hinton joined the meeting at this time.]
6. Other Public Concern Matter
a. Appeal of [S-56-99] Hasentree Subdivision Approval
On July 18, 2000, 17 residents of properties located just off Keith Road filed with the Board of Commissioners an appeal of the Planning Board's June 21, 2000 approval of an application for preliminary plan approval for Hasentree, a proposed subdivision of a 714.3-acre site located between NC 98, Stony Hill Road, and Falls Lake into 413 lots. Planning staff has asked the Board of Commissioners to schedule a hearing on the appeal at its August 21, 2000 meeting.
Mr. Yeargan invited Stephen Sizemore to present the appeal explanation with emphasis on conditions that could have been placed on the approval. Mr. Sizemore explained the appeal process. The appeal contends that the Planning Board erred by approving the subdivision plan with continuation of access to the subdivision site via Hasentree Road, and that such access does not meet Subdivision Ordinance standards – specifically 3-4-8(A) (which requires that the arrangement, character, extent, width, grade, and location of all roads be in keeping with existing and proposed transportation patterns, topographical and other natural features, public convenience and safety, and proposed uses of lands to be served by such roads), Section 3-4-8(C)(3) (which requires roads that should be extended to adjacent properties to serve as through roads within a local road network serving the general area to be designated as public roads), and Section 3-4-8(D)(4)(a) (which states that the intent of the following restrictions as limiting access onto a major thoroughfare to maintain traffic capacity and encourage smooth traffic flow).
Mr. Sizemore stated that the options to the Board were upgrading the road to NC Department of Transportation standards, placing a barricade to prevent through traffic, or leaving the road in its present state. After much discussion by the Board, Mr. Yeargan stated that, by consensus, the Board stands on its decision to approve the preliminary subdivision plan titled “[S-56-99] Hasentree Tract”, PIN 1811.02-97-1499, 1811.04-72-1694, 1811.04-84-6572 and map dated 08/13/99.
Mr. Yeargan asked Board members to look at the minutes of the 06/21/00 meeting. Due to an oversight, the minutes do not reflect a quorum. Board members, by unanimous consent, stated that there were 6 persons present at the beginning of the meeting with 1 member joining the meeting at a later time. By unanimous consent, Mr. Yeargan rescinded the Board approval of the minutes of 06/21/00 and requested that the minutes be corrected to reflect the vote for the Preliminary Subdivision Plan and hardship variance for [S-56-99] Hasentree Tract, recommended for approval, as 5-1 in favor of approval of the hardship variance and preliminary subdivision plan, with Ms. Rush voting no on the hardship variance and the preliminary subdivision plan. [A tape of the meeting is on file in the office of the Wake County Planning Department.]
Mr. Arthur Sandman, ownership partner of Hasentree Tract, presented an update of the interactions between the ownership partners and citizens initiating the appeal. He stated that until the partnership has title to the land that holds the rights to the easement on Hasentree Road, the partners can not legally give up the rights to ingress and egress. The closing for purchase of the land by the partners is scheduled in January 2001.
7. Approval of the Minutes
of the July 5, 2000 meeting. – Mr. Yeargan asked Board members if there were any additions or corrections to the minutes. There were none. By a vote of 9-0, Mr. Yeargan declared the minutes approved as submitted.
8. Reports:
Mr. Yeargan asked if there were any reports.
a. Planning Director's Report –
Mr. Jennings stated that Mr. Scott Lane from Capital Area Metropolitan Planning Organization (CAMPO) would make a presentation to the Board at its 9/6/00 meeting relative to transportation planning. Mr. John Hodges-Copple, Director of Regional Planning for Triangle J Council of Governments, may be available to make a presentation at the 8/16/00 meeting relative to water and sewer management. Mr. Norwalk reminded Mr. Jennings that he requested information about the utility company from Missouri that is providing water to the Holly Springs area. He would like to know what the requirements are for the company to operate. Mr. Jennings updated the Board on the status of the Land Development Administrator positions and the Planner I position. Also, the Growth Management Task Force will hold its first meeting on 9/21/00. A presentation will be made on the overview and tasks of the group.
b. Subdivision Administrator’s Report –
Ms. Patrie stated that effective July 1, 2000, fees have gone up and new deadlines have been set for plan review.
c. Committee Reports
– There was no report at this time.
d. Chair Report –
Mr. Yeargan stated that Mr. John Grace supplied him with a copy of the resource information for Ordinance Amendment 00/6 Gas Pumps. Mr. Yeargan asked that a copy be supplied to other Board members.
9.
Adjournment –
Mr. Yeargan asked if there wan any other business to come before the Board. With no other business to come before the Board, Mr. Yeargan declared the meting adjourned at 5:10 p.m.
Respectfully Submitted:
Becky Smith
Secretary to the Board
08/09/00