HENDERSON COUNTY
PLANNING BOARD MINUTES
July 16, 2002
The Henderson County Planning Board met for its regular meeting on Tuesday, July 16, 2002, at 7:00 p.m. in the Land Development Building, 101 East Allen Street, Hendersonville, NC. Board members present were Tedd Pearce, Chairman, Vice-Chairman Walter Carpenter, Mike Cooper, Kevin Keefe, and Leon Allison. Others present included Lee Smith, Planner; Josh Freeman, Planner; Nippy Page, Planner; Dan Gurley, Zoning Administrator; and Kathleen Scanlan, Secretary. Board members Paul Patterson, Jack Lynch, Todd Thompson, Roger Wolff and Karen C. Smith, Planning Director were absent.
Approval of Minutes. Chairman Pearce presided over the meeting and called the meeting to order. He asked for the approval of the June 18, 2002 minutes. Mike Cooper made a motion to approve the minutes of June 18, 2002. Leon Allison seconded the motion. All members voted in favor.
Adjustment of Agenda. There were no adjustments.
Staff Reports. There were no Staff reports.
OLD BUSINESS:
Winfield Cove, Phase 2 Section 2 - (File # 02-M10) – Revised Master Plan and Development Plan – (13 lots on approximately 46.5 acres off Big Raven Lane) - Winfield Cove Development Co., Owners, Tom McHugh, Agent. Mr. Lee Smith stated that this is a Revised Master Plan and a Development plan for the residential subdivision of Winfield Cove. Mr. Smith said that this was almost approved administratively as the only change was the road layout on the Master Plan. Mr. Smith said that the original Master Plan for Phase 2 Section 2 was approved in October 1998 but some revisions between the Proposed Development Plan and the Approved Master Plan have required re-submittal to the Planning Board. The new Development Plan will consist of 13 single-family lots on approximately 46.5 acres of land. Big Raven Lane, an existing road within the Winfield Cove Development, will be extended to provide main access to the section. Most lots will be served from this extension however; two small cul-de-sacs will come off Big Raven to serve at least 3 of the lots. Lot sizes vary from a small lot of approximately 1 ½ acre to a large lot of approximately 6.3 acres. Each lot will be served by individual septic tanks for sanitary sewer and individual wells for potable water. Mr. Smith stated that the change results in two less lots than originally approved. The property is located in the open use district. The developer has private deed restrictions or covenants for the Winfield Cove Development, and these will be carried into this section.
Mr. Smith stated that Staff has reviewed the Combined Master and Development Plan for conformance with the Henderson County Subdivision Ordinance. He said that the only comment on the Master Plan is to revise it to correctly label the zoning district, as it is in the Open Use District.
Chairman Pearce opened public input.
Louise Friedlander. She is a resident of Winfield Cove, lot 4. She stated that she is concerned that 33 lots are too many for the road. She is concerned regarding the road because it is narrow and the cul-de-sacs have been poorly designed making it difficult for any emergency vehicle to turn around. She said with the new phase proposed, it will multiply the current problems by increasing the number of lots to 33 on a single collector road. She stated that widening of the road would affect the livability and the natural environment. She suggested that there should be only 24 lots in the subdivision, which would keep the roads as private and eliminate the additional 13 lots. She said that they enjoy living on a graveled road and do not want the expense of a paved road construction and would like the Board to consider these issues.
Karen Cutright. She is a resident of Winfield Cove, lot 6. She said she shares Ms. Friedlander’s concerns. She also submitted a letter from another couple who could not be at the meeting and stated that she along with other neighbors are concerned with safety and the financial responsibility for road maintenance. She stated that the roads are narrow and there are blind corners that make meeting vehicles difficult. Heavier traffic will produce more problems and will increase the financial burden of road maintenance.
Jackie Jones. She stated that she too is a resident of Winfield Cove and has serious concerns about the additional traffic to be generated by the proposed 13 lots of Phase 2, Section 2 of Winfield Cove. She explained the measurements of Big Raven Lane and said that for safety reasons, the Planning Board should come out and see the road conditions before making a decision about adding this next phase of the subdivision.
Janet Ernst. She stated that she has a concern about the Planning Board process. She said she does not understand the reason why a subdivision that has recorded ten lots and show future development is approved as a Minor Subdivision, knowing that it will be a Major Subdivision. Mr. Carpenter stated that it is because of the way the statutes are written by the Commissioners. She stated that they need to be looked at. Mr. Carpenter stated that there could be changes made, but at present this can be permitted. Chairman Pearce stated that this subdivision was initially approved under the old Subdivision Ordinance. Mr. Smith stated that Mr. Carpenter is right and added that there is a stipulation in the Ordinance that states if one does a Minor Subdivision and it extends beyond ten lots, then if it is done within a three-year period, it needs to be brought back as a Master Plan for the Planning Board’s approval. He said that if it extends beyond ten lots much later than the three-year period, the developer need not bring it to the Planning Board, but it can be done administratively. Mr. Smith stated that the initial Winfield Cove was approved under the old Subdivision Ordinance and the rest has been approved under the new Subdivision Ordinance. Ms. Ernst said that she feels it is ridiculous for everyone to know that there will be a traffic problem. Mr. Carpenter said that not everyone knows that initially because the developer is taking a chance that the development will work and the Board cannot anticipate what someone is going to do. He said a lot of the small subdivisions do not expand, but some that have been around over 15 years expand; it is very speculative. Chairman Pearce stated that the only thing the Board can do in the process is find out whether the person meets the statutes and requirements that is set forth in the Subdivision Ordinance and that is the extent of the Planning Board’s authority, there are a few things that the Board has discretion on. Ms. Ernst asked if the Planning Board could make recommendations and changes to the Subdivision Ordinance. Chairman Pearce stated that the Board is constantly making recommendations and adjustments to the Subdivision Ordinance, some are acted upon and some, we hope will be acted upon someday. Mr. Carpenter stated that the developers of Winfield Cove would have to build the roads differently presently. Chairman Pearce stated that the Board will look at further issues that have been brought up tonight during this discussion.
Jim Moore. His main concern is safety in Winfield Cove Subdivision. He stated that he does not understand how the Planning Board can approve a Major Subdivision at the end of a Minor Subdivision road.
Tom McHugh, developer of Winfield Cove. He took ownership over from the Ward Brothers and developed and designed Phase 1 and made the roads to Major Subdivision standards according to the Ordinance at that time. He stated that when he became the developer of this subdivision he was up-front with everyone, including the Planning Board, in stating that if this subdivision were successful, it would turn into a Major Subdivision. He stated that Phase II was built under the rules of the old Ordinance and the roads were approved as a Major Subdivision. He stated that he submitted a Master Plan showing that there would be 15 lots in the back, but since dropped it to 13 lots. He said that if the roads are not adequate for what is going to happen, he had promised that they would be widen, but some of the property owners have threaten to sue him because of that, so he is at a loss as to what to do. He said that he has gotten bids to pave Big Raven Lane up to Winfield Cove Road to the entrance, 14 feet in width (which there is plenty of roadbed). He also indicated that he has offered and will pay a prorated share for the 13 lots in the back towards the paving. The cost per owner will be between $ 1,200 and $ 1,500. There are 21 property owners in the subdivision, five property owners tonight have spoken against it, but the majority does want it paved. He stated that he is trying to be as accommodating as he can. He also encouraged the Board to come out and see the road. Mr. Smith stated that in looking at the old Land Development Ordinance, there were no road standards; it simply said that there must be a dedicated 45-foot right-of-way. He stated that Phase 2, Section 1 and 2 was designed to the old standards. Mr. Allison referred to a previous similar case and stated that the Planning Board really does not have jurisdiction regarding this issue. Mr. Smith stated that is correct and that the Board can only require him to provide additional right-of-way and do improvements to the roads where he controls both sides of the property. Chairman Pearce stated that technically, if Mr. McHugh wanted to put in the 15 lots and not change the Master Plan and it would be approved administratively. Chairman Pearce asked if a property owner subdivided their land which would increase the number of lots on the road, would that require a Master Plan change under the new Ordinance? Mr. Smith stated, with reference to Cove Creek Estates, a road was designed as a Master Plan and approved in one-acre lots. If the owners want to subdivide, Planning Department Staff would have to hold them to Minor Subdivision provisions of the new Ordinance and that they could not subdivide within three years. He stated that once the ownership has been transferred to another owner, it is not their subdivision anymore, and this was the situation at Cove Creek Estates.
Mr. Smith stated that regarding the Development Plan; the following
comments are contingent on approval:
1. Fire Hydrants – For any major subdivision without a fire suppression rated water system, that either has or is adjacent to an adequate permanent surface water supply, the applicant may be required to install a dry fire hydrant system, the type and location of which is to be determined by the County Fire Marshal (HCSO 170-2-(c)).
2. Road Grades – Big Raven Lane is a collector road. Maximum grade for a stone surfaced collector road is 12 %. A section of Big Raven Lane (around lot 21) appears to exceed 15%. This should be corrected on a revised Development Plan (HCSO 170-21 Table 1)
3. Culverts and Drainage Plans - Culverts and drainage structures along proposed roads need to be designed to NCDOT standards. Culvert locations, length, diameter and type should be shown on a revised Development Plan. (HCSO 170-21-D, 170-29-B and Appendix 5)
4. Farmland Preservation – The developer needs to sign and submit an Affidavit of Understanding regarding Farmland Preservation Districts, and a notation on the final plat shall state that the property lies within ½ mile of a farmland preservation district. (HCSO 170-35).
5. Stream
Setbacks – A minimum 30’ setback
for structures is required along all perennial streams indicated on the most
recent versions of the USGS 1:24,000 scale topographic Maps. Show applicable setbacks on a revised
development plan and on the final plat when submitted (HCSO 170-37).
6. Lot Design – Lot #26 can technically be considered a flag lot although the width of the access point at its narrowest is 70’, more than double the minimum street frontage requirement of 30’. Flag lots can be approved by the Planning Board based on unusual circumstances that necessitate the configuration of such a lot (HCSO 170-31(D)).
7. Soil Erosion and Sedimentation Control – These plans have been submitted and approved by NCDENR and the developer has actually been required by this agency to begin installation of the procedures due to timber cutting that has already occurred on site.
He stated that the submittal is for approval of the Revised Master Plan for Winfield Cove and the Development Plan for Phase 2, Section 2. Staff feels that with minor corrections the submittals would satisfactorily address the requirements of the Henderson County Subdivision Ordinance. Staff would recommend approval of the Revised Master Plan and the Development Plan for Phase 2, Section 2 subject to the above listed comments being addressed and revised plans being submitted prior to final plat approval.
Walter Carpenter moved that the Planning Board find and conclude that the Revised Master Plan for Winfield Cove and the Development Plan for Phase 2, Section 2 complies with the provisions of the Subdivision Ordinance except for those matters addressed in the Technical Comment section of staff’s memo that have not been satisfied by the applicant; and further move that such Plans be approved subject to the following Conditions: That the applicant satisfies comment 1 on the Master Plan to correctly label the zoning district as Open Use and that we approve the Development Plan for Phase 2, Section 2 subject to 2,3,4,5,and 7 comments and specifically Lot # 26 (comment # 6) be approved to its configuration as indicated in the staff memo. Leon Allison seconded the motion and all members voted in favor.
The Meadows of Lewis Creek – (File # 02-M09) – Combined Master and
Development Plan Review (20 lots off
North Ridge Road) - Mark Searles, N.R. Properties, Owners, Anne Valentine,
Agent. Mr. Smith stated that this is a
combined master and development plan for a 20 lot residential subdivision on
approximately 29.89 acres off North Ridge Road. He stated that a single entrance cul-de-sac street coming off
North Ridge Road would provide access to 19 of the lots with 1 lot gaining
access directly off N. Ridge Road. Lot
sizes vary from a small of .52 acres and a large of 1.34 acres. Approximately 11.2 acres of the total tract
will be reserved as open space. Each
lot will be served by individual septic tanks for sanitary sewer and individual
wells for potable water. The property
is located in the open use district.
The developer has proposed private deed restrictions or covenants for
the development. He stated that a
large portion is located in a 100-year floodplain and a lot of this has been
set aside as common space and even an additional area, which is marshy, has
been set aside as common space. He
stated that the cul-de-sac is an alternate design because of the fact that the
loop is so big and ends up being a typical road and in fact, the Property Addressing
Office has labeled it as its own street.
He said that it would follow the standard road design. He added that all of the land that is part
of the turnaround cul-de-sac, which is approximately ¾ acre in size has been
set aside as common space. Staff has
reviewed the Combined Master and Development Plan for conformance with the
Henderson County Subdivision Ordinance and stated that all requirements of the
Master Plan have been met. Regarding the Development Plan, the
following items are contingent on approval:
1. Soil Erosion and Sedimentation Control – The Applicant should submit notice
from NCDENR that a soil erosion and sedimentation control plan has been received or provide documentation that no plan is required prior to beginning construction (HCSO 170-19). NOTE: The developer has indicated that these plans have been submitted and approval letters will be forthcoming when they are received.
2 Driveway Connections – North Ridge Road is a state maintained road. Access permits from NCDOT are required for driveways and for new road connections. NOTE: The developer has indicated that these plans have been submitted and approval letters will be forthcoming when they are received.
3. Fire Hydrants – For any major subdivision without a fire suppression rated water system, that either has or is adjacent to an adequate permanent surface water supply, the applicant may be required to install a dry fire hydrant system, the type and location of which is to be determined by the County Fire Marshal (HCSO 170-2-(c)).
4. Culverts and Drainage Plans - Culverts and drainage structures along proposed roads need to be designed to NCDOT standards. Culvert locations, length, diameter and type should be shown on a revised Development Plan. (HCSO 170-21-D, 170-29-B and Appendix 5)
5. Farmland Preservation – This has been submitted by the developer.
He stated that the submittal is for approval of the Combined Master and Development Plan for the subdivision. Staff feels that with minor corrections the submittals would satisfactorily address the requirements of the Henderson County Subdivision Ordinance. Staff would recommend approval of the Combined Master and Development Plan subject to the above listed comments being addressed and revised plans being submitted prior to final plat approval.
Mr. Luther Smith showed a map and stated that a portion of the property is in the 100- year floodplain and there is also a significant portion, which are traditional wetlands. It is a typical subdivision.
Walter Carpenter moved that the Planning Board find and conclude that the Combined Master and Development Plan submitted for The Meadows at Lewis Creek Subdivision complies with the provisions of the Subdivision Ordinance except for those matters addressed in the Technical Comment section of staff’s memo that have not been satisfied by the applicant; and further move that such Plans be approved subject to the following Conditions: The applicant satisfies comments 1, 2, and 4 under the Development Plan Technical comments in the staff memo. Kevin Keefe seconded the motion and all members voted in favor.
Highlander Woods – (File # 02-M11) – Combined Master and Development Plan Review (49 lots off Stepp Road) – Jack Houtman, Habitat for Humanity, Owners, Jon Laughter, Agent. Mr. Smith stated that this is a combined master and development plan for a 50 lot residential subdivision on approximately 32.5 acres off Stepp Road. He stated that a single entrance cul-de-sac street coming off the north side of Stepp Road will provide access to 29 of the lots and another single entrance cul-de-sac street coming off the south side of Stepp Road will provide access to the other 20 lots. Lot sizes vary from a small of .34 acres to a large of 1.4 acres. The majority of the lots are in the 1/3 to 1/2 acre size. Each lot will be served by individual septic tanks for sanitary sewer and potable water will be provided by the City of Hendersonville. The property is located in the open use district. Staff has reviewed the Combined Master and Development Plan for conformance with the Henderson County Subdivision Ordinance and offers the following comments:
MASTER PLAN
1. Contour
Lines – Contour line shown at no
less than 20’ intervals need to provide on a revised Master Plan (HCSO Appendix
4, Plan Details).
2. Project
Name – The name of the project
needs to be supplied on a revised copy of the Master Plan (HCSO Appendix 4, Title block).
3. Water
Lines – On a revised Master Plan
provide the location of the proposed water lines (HCSO Appendix 4, Plan
Details).
DEVELOPMENT PLAN
1. Soil Erosion and Sedimentation Control – The Applicant should submit notice from NCDENR that a soil erosion and sedimentation control plan has been received or provide documentation that no plan is required prior to beginning construction (HCSO 170-19).
2 Driveway Connections – Stepp Road is a state maintained road. Access permits from NCDOT are required for driveways and for new road connections. Also since the roads are proposed to be public road plans must be submitted and approved by the NCDOT Regional Office.
3. Public Water Supply – Where public or community water supply systems are proposed, a letter from the respective agency stating that there is sufficient capacity to make connection to the utility is required (HCSO 170-20).
4. Water Lines – Show the proposed water lines on a revised Development Plan.
5. Fire Hydrants – Any subdivision served by a public water system shall meet the respective county or municipality’s minimum requirements for fire hydrant installation. These hydrant locations should be shown on a revised Development Plan (HCSO 170-20 (c)).
6. Road Design Plans – The roads for the subject development are proposed to be Public. All roads design features including cross sections and drainage features will need to be designed in accordance with standards in the NCDOT “Subdivision Roads- Minimum Construction Standards”. These plans will also need to be submitted and approved by the local NCDOT office. Provide cross sections of the proposed streets on a revised Development Plan (HCSO 170-21)
7. Stream
Setbacks – A minimum 30’ setback
for structures is required along all perennial streams indicated on the most
recent versions of the USGS 1:24,000 scale topographic Maps. Show applicable setbacks on a revised
development plan and on the final plat when submitted (HCSO 170-37).
8. Restrictive Covenants- The
applicant should present a copy of the restrictive covenants for the
development or certification indicating none will be used to the Planning Board
(HCSO 170-36)
9. Contour
Lines – Contour line shown at no
less than 5’ intervals need to provide on a revised Development Plan (HCSO
Appendix 5, Plan Details).
10. Project
Name – The name of the project
needs to be supplied on a revised copy of the Development Plan (HCSO Appendix 5, Title block).
He stated that the submittal is for approval of a Combined Master and Development Plan for the subdivision titled Highlander Woods. Staff feels that with corrections noted above, the submittals would satisfactorily address the requirements of the Henderson County Subdivision Ordinance. Staff would recommend approval of the Combined Master and Development Plan subject to the above listed comments being addressed and revised plans being submitted prior to final plat approval.
Walter Carpenter moved that the Planning Board find and conclude that the Combined Master and Development Plan submitted for Highlander Woods Subdivision complies with the provisions of the Subdivision Ordinance except for those matters addressed in the Master Plan Review comments and the Development Plan Review Technical Comment section of staff’s memo that have not been satisfied by the applicant;
further move that such Plans be approved subject to the following Conditions: The applicant satisfies comments 1 through 3 under the Master Plan review comments, and comments 1 through 10 of the Development Plan Technical comments in the staff memo and Staff approve the final plat administratively. Kevin Keefe seconded the motion and all members voted in favor.
Request to Initiate a Proposed
Zoning Map Amendment to Rezone Land on Souther Road Owned by James Robert
Suttles from R-20 to RC (File # R-03-02) – Leon Allison, Applicant’s Agent for
James Robert Suttles, Applicants. Chairman Pearce tabled this item
because of not meeting a quorum. It was
tabled for August 20, 2002 Planning Board meeting.
Subcommittee Assignments and Meeting Dates.
Adjournment. There being no further business, Tedd Pearce made a motion to adjourn
and Mike Cooper seconded the motion. All members voted in favor. The meeting
adjourned at 8:11 PM.
________________________ _______________________
Tedd M. Pearce, Chairman Kathleen Scanlan, Secretary