Agenda for 06/05/02 Planning Board MeetingD3;15= (No Responses);13= (1 Response);14= (% Responses)

Response

Agenda for 06/05/02 Planning Board Meeting

Stephen G. Sizemore

05/24/2002

02:09 PM

Category:

Planning Board\Agenda

AGENDA

Wake County Planning Board

Wednesday, June 5, 2002
3:30 p.m., Room 700
Wake County Courthouse
316 Fayetteville Street Mall
Raleigh, N.C.

Note: The Planning Board's Subdivision Committee will meet earlier the same day at 2:30 pm in Room 704 of the Wake County Courthouse to review the application for preliminary subdivision plan approval for Hasentree Golf Community [S-19-02] (recommended for disapproval by the Subdivision Administrator).

1. Call to Order - Mr. Terry Yeargan, Chair

2. Petitions and Amendments - Mr. Terry Yeargan, 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 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. They are limited to applications for preliminary subdivision plan approval that are recommended for approval by the Subdivision Administrator and do not involve 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-10-02] Preliminary Subdivision Plan for Crest of Carolina Subdivision:

Proposal to subdivide 124.622 acres zoned Residential-30 and located on the west side of Sauls Rd, just south of its intersection with Ten-Ten Rd., into 109 lots, 3 open space parcels containing a total of 34.904 acres, and a 1.74-acre well site lot (p/o PIN 1608-47-5762). Subdivision Administrator recommends approval

Database 'Land Use Discussion', View 'By Category', Document 'Crest of Carolina (Cluster) S-10-02'

subject to the following conditions:

1. The developer shall adjust lots that border Wake County flood hazard soils to match field location by soil scientist. Lots shall contain no significant flood hazard soils on final plat as per note on plan, (Includes lots 53, 54, 55, 56, 58, 77, 78, 88, 89, 103, 104, 105, 107 and 108);

2. Asterisks should be added to all lots that include flood hazard soils;

3. Line up flood hazard soils to conform to topography;

4. The use of each section of Permanent Open Space will be listed and comply with section 3-4-3(E)(2);

5. Phasing plan does not currently meet, but shall meet, standards at construction plan phase as required by ordinance;

6. Impervious surface requirements shall be met.

b. [S-16-02] Preliminary Subdivision Plan for The Highlands at Falls Lake:

Proposal to subdivide 21.82 acres zoned Residential-80 Watershed and located on the north side of Pleasant Union Church Rd., opposite its intersections with Therfield Dr., into 8 lots (PIN

1800-05-1570, 1800-04-3648

). Subdivision Administrator recommends approval

Database 'Land Use Discussion', View 'By Category', Document 'Staff Report Highlands at Falls Lake (Grant)'

subject to the following conditions:

1. Area in open space must be deeded to the Homeowner’s Association;

2. Mineral rights, currently owned by NCSU on the property, must be extinguished pursuant to NCGS 1-42.9 prior to construction plat approval. A deed must be recorded extinguishing the mineral rights of NCSU and/or other parties and referenced on the final plat;

3. Driveway crossings of drainageway or watershed buffers are not allowed under the zoning or subdivision ordinance. The developer must apply to the Wake County Board of Adjustment for a variance on any driveway crossing or the lots must be redesigned to eliminate driveway crossings prior to construction plan approval.

c. [S-17-02] Preliminary Subdivision Plan for Stonewalls, Phases II and III:

Proposal to subdivide 51.139 acres zoned Residential-40 Watershed and Residential-80 Watershed and located on the west side of Stony Hill Rd., between its intersections with NC 98 and Bud Morris Rd., into 20 lots (PIN 1811-46-5311). Subdivision Administrator recommends approval

Database 'Land Use Discussion', View 'By Category', Document 'Stonewalls Subdivision'

of application as submitted.

d. [S-18-02] Preliminary Subdivision Plan for Saul Heirs Property:

Proposal to subdivide 49.28 acres zoned Residential-30 and located on the north side of Pagan Rd., between its intersections with Holland Church Rd. and Sauls Rd., into 48 lots and 2 open space parcels containing a total of 15.57 acres (p/o PIN 1608-50-8413). Subdivision Administrator recommends approval

Database 'Land Use Discussion', View 'By Category', Document 'Sauls Heirs (Cluster) S-18-02'

subject to the following conditions:

1. Transfer of access rights to the property (deed book 9378, page 2266) and the 2.94 acre tract ownership transfer (deed book 9378, page 2262) on the eastern side of the proposal will be legitimatised by an approved recorded recombination or minor subdivision map prior to construction plan submission;

2. The area of Standing Oak Lane will be recombined with the Spain Property prior to construction plan submission;

3. The utility easement on edge of lot 12 shall also be labeled pedestrian access easement;

4. Impervious surface requirements shall be met.

4. Rezonings [These are petitions to amend the County's Zoning Map to reclassify land from one zoning district to another, thus subjecting the site to a different set of zoning regulations. The Planning Board reviews these petitions in an advisory capacity, recommending that the Board of Commissioners either approve or deny the petition. The Board must base its recommendation on whether or not the proposed rezoning is consistent with the County's Land Use Plan and otherwise advances the public health, safety, and general welfare.]

a. [ZP-811-02]:

Proposal to rezone 2 acres located on the east side of Edgemont Rd., just north of its intersection with NC 97, from Residential-30 (1 acre) and Conditional Use Heavy Commercial (1 acre) to Conditional Use Heavy Commercial (with different conditions from the current CU-HC zoning) (PIN 1774-88-1159, 1774-88-1043).

i. Staff Report and Recommendation

Database 'Land Use Discussion', View 'By Category', Document 'ZP-811-02, staff report to Plng Board for 6/5/02 meeting'

- Larry Morgan, Planner

ii. Presentation or Comments from Petitioner

iii. Comments from Other Interested Parties

iv. Board Discussion

v. 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. [V-19-02, S-19-02] Hardship Variance and Preliminary Subdivision Plan for Hasentree Golf Community

(only if Subdivision Committee has completed its review.)

(i) Request for hardship variances from the Subdivision Ordinance's standard for the maximum length of a cul-de-sac road for 14 roads, and (ii) a proposal to subdivide 722.2 acres zoned Residential-40 Watershed and Residential-80 Watershed and located on the north side of NC 98, just east of its intersection with Stony Hill Rd, into 393 lots and multiple open space parcels containing a total of 359.82 acres (PIN

1811-97-1499, 1811-72-1694, 1811-84-6572

)

i. Variance Requests

A. Introduction to Variance Requests

Database 'Land Use Discussion', View 'By Category', Document 'Hasentree Golf Community Variance'

- Lynn Patrie, Planner II

B. Testimony and Presentation of Evidence re Hardship by Applicant

C. Testimony and Presentation of Evidence by Other Interested Parties

D. Board Discussion

E. Board Findings of Fact

F. Board Conclusions re Hardship and Action on Variance Requests

ii. Proposed Preliminary Subdivision Plan

A. Staff Report and Recommendation

Database 'Land Use Discussion', View 'By Category', Document 'Hasentree Golf Community (Cluster) S-19-02'

- Lynn Patrie, Planner II

B. Subdivision Committee Recommendation - Mr. Ed Ashworth, Chair

C. Presentation or Comments form Applicant

D. Comments from Other Interested Parties

E. Board Discussion

F. 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. Transportation Plan: Mid-Study Update

i. Introduction - Tim Clark, Planner

ii. Update - Roger Henderson, Kimley-Horn and Associates

iii. Board Questions and Comments

7. Approval of Minutes of May 1, 2002 Meeting

Database 'WC - FYI', View 'Planning Board', Document 'Minutes of 05/01/02 Planning Board Meeting [draft]'

- Mr. Terry Yeargan, Chair [[These are usually approved by unanimous consent.]

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.]