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PITT COUNTY PLANNING BOARD

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PITT COUNTY PLANNING BOARD Powered By Docstoc
					PITT COUNTY PLANNING BOARD
MINUTES – April 19, 2006
GREENVILLE, NORTH CAROLINA

The Pitt County Planning Board met in a regular session on Wednesday, April 19, 2006,
at 5:30 p.m. in the 2ND FLOOR COMMISSIONERS AUDITORIUM of the Pitt County Office
Building, 1717 W. 5th Street, Greenville, North Carolina.

1.     CALL TO ORDER

Chairman Hardee called the meeting to order at 5:30 p.m. and welcomed the guests.

The following members were present:

Jane Barnhill           David Harris
William Chapman         George Hines
Larry Dilda             Jimmy Hughes
Benji Forrest           Ron Price
Lyman Hardee

The following member was absent:

Steve Little

Others in Attendance:

H.E. Whichard, Jr., Property Owner
Jimmy Nelson, Attorney

Staff in Attendance:

Janice Gallagher, Assistant County Attorney
Stephen Smith, Senior Planner
Eric Gooby, Planner II
Bryan Jones, Planning Technician
Beth Buck, Office Manager

2.     APPROVAL OF MINUTES OF MARCH 15, 2006 MEETING

UPON MOTION by Jimmy Hughes, seconded by William Chapman, the Pitt County
Planning Board voted unanimously to approve the minutes of the March 15, 2006
meeting.

                             DEVELOPMENT REVIEW
3.     Alton Village, Located on SR 1755 (Black Jack-Simpson Road) east of its
       intersection with NC 33 in the Grimesland Township.

       Site Data: 57.355 acres, 56 Lots
Mr. Jones presented the preliminary plan for Alton Village by noting the size and
location of the development. He reviewed the conditions and requirements pertinent to
this site. Mr. Jones stated that the Technical Review Committee had recommended
conditional approval of this plan.

UPON MOTION by William Chapman, seconded by David Harris, the Pitt County
Planning Board voted unanimously to approve the preliminary plat for Alton Village
based on the following conditions and requirements.

       CONDITIONS AND REQUIREMENTS

       [Environmental Health]

1.     Each lot will be evaluated on its own merits.
2.     All existing farm drain tile will be flagged before lots are evaluated. Drainage
       easements, utility easements, and wetlands need to be shown on the map used to
       do lot evaluations.
3.     Improvement permits are required on all lots before approval of the final plat.
4.     The soil wetness condition shall be lowered to one foot below the bottom of the
       nitrification lines.
       a.       If a drainage plan is required to lower the soil wetness condition, it shall
                be designed by a registrant of the N.C. Board of Registration for Engineers
                and Land Surveyors as allowed by law.
       b.       A statement will be required on the drainage plan, confirming the soil
                wetness condition can be effectively controlled when the drainage is
                installed and maintained in accordance with the plan.
       c.       Certification shall be submitted stating the drainage plan has been
                completed.
       d.       A maintenance plan for the drainage system shall be in place before final
                approval of any septic tank system affected by the drainage.
       e.       If subsurface drain tile is installed, it must be 50 feet from any tree line.
5.     If underground electrical lines or natural gas lines cross the property at any point,
       they need to be flagged by ULOCCO before the site is evaluated.
6.     Location of any soil stock pilings should be shown on the construction plan.
       These stock pilings should be placed in an area not to be utilized for on-site
       sewage.

       [Planning Department]

7.     Add the electrical supplier to notes.
8.     Provide a wetland delineation on CP/SESC submittal.
9.     The pond and ditch that are shown to be filled on plan are indicated as blue line
       stream features on the USGS Topographic Map. All necessary documentation
       from NCDENR-DWQ must be obtained prior to the approval of the
       construction/SESC plan.
10.    The USGS Topo Map shows the water feature to the west of lots 20, 21, 31, and
       32 as being subject to the 50’ riparian buffer rules and must be shown on
       subsequent submittals.
11.    Alton Village Drive cannot encroach into riparian buffer unless proper
       documentation is obtained from NCDENR-DWQ.
12.   Property is in the Village of Simpson’s ETJ and must comply with the Village’s
      zoning ordinance.
13.   Please show pond located on lot 6 on all subsequent submittals.
14.   Remove North and South designation from Gillman Drive.

      [Greenville Utilities Commission]

15.   Provide a 10’ electrical easement along Black Jack-Simpson Road for lot 1.
16.   Provide a 10’ electrical easement along Alton Village Drive for lots 1-8 and lots
      10-20.
17.   Provide a 10’ electrical easement along Gilman Court for lots 8, 9, 39, and 40.
18.   Provide a 10’ electrical easement along High Place Court for lots 46-50.
19.   Provide a 10’ electrical easement along Rockwell Court for lots 26-31.
20.   Provide a 10’ electrical easement along Olde Towne Drive for lot 34.

      [North Carolina Department of Transportation]

21.   All pavement installed after January 2003 shall meet Superpave Specifications.
22.   Lots 1 and 56 shall be served from internal streets.
23.   SR 1755 is designated as a Major Collector on the County Thoroughfare Plan.
      (a) Driveways shall be limited to two driveways per parcel (parent/original)
      (b) Reserve 20 feet additional right of way for right turn lane.

      [Pitt County Emergency Services]

24.   Relocate fire hydrant proposed at end of Alton village Drive to the shared lot line
      between 21 and 22.

      [Progress Energy]

25.   The proposed two (2) roads do cross our easement at an angle between 80-90
      degrees which complies with our guidelines.
26.   The plan shows a fire hydrant between lots 29 and 30. This fire hydrant needs to
      be relocated to an area outside the power line easement.
27.   The subdivision plan shows eight (8) lots which are encumbered by the Progress
      Energy easement. No structures and/or encroachments are allowed within the
      transmission easement. The types of structures not allowed include septic tanks,
      drain lines, wells, houses, storage buildings, satellite dishes, etc.
28.   Please refer to the Transmission Line Right of Way Guidelines and Restrictions
      for regulations on structures (any man-made assembly), equipment and storage,
      immovable ground facilities, parking lots, grading, fences, lakes, ponds, erosion
      control facilities, and landscaping.
29.   Additional conditions may be required by Progress Energy.

      GENERAL COMMENTS

*     Soil types on this site consist of Co, ExA, GoA, GoB, Ly, NrB, WaB and posses
      the following characteristics:
          • Seasonal high water table. (All but NrB, WaB)
          • Slow permeability (Co)
           • Shrink-swell potential (high or moderate) (Co, ExA)
           • Slight limitations (NrB, WaB)
           • Soils are prime farmland or have statewide importance for farming.
              Development will remove the site from agricultural production.
           • This site is currently in woods. Development will remove the site from
                future timber production.
           • Approximate areas shown on soil survey sheet are considered hydric or
              have inclusions of hydric soils and could possibly be wetlands according
              to the US Army Corps of Engineers.
           • Lots 20, 21, 30, 31, and 32 have excessive slopes and are susceptible to
              severe erosion. Buffer rules may apply.
           • Offsite drainage should be accommodated during all phases of
              construction.
*      The preliminary plat for Alton Village is in Wintergreen, Hope Middle, and DH
       Conley High School school districts under the Pitt County School's current
       student assignment plan.
*      The following agencies have reviewed the Preliminary Plat for Alton Village, and
       have no comments to make: Eastern Pines Water Corporation

4.     Prudoe Bay, located on SR 1732 (Rouse Road) south of its intersection with SR
       1726 (Portertown Road) in the Chicod Township.

       Site Data: 20.49 acres, 28 Lots

Mr. Jones presented the preliminary plan for Prudoe Bay by noting the size and location
of the development. He reviewed the conditions and requirements pertinent to this site.
Mr. Jones stated that the Technical Review Committee had recommended conditional
approval of this plan.

UPON MOTION by Benji Forrest, seconded by George Hines, the Pitt County Planning
Board voted unanimously to approve the preliminary plat for Prudoe Bay based on the
following conditions and requirements.

       CONDITIONS AND REQUIREMENTS

       [Environmental Health]

1.     Each lot will be evaluated on its own merits.
2.     All existing farm drain tile will be flagged before lots are evaluated. Drainage
       easements, utility easements, and wetlands need to be shown on the map used to
       do lot evaluations.
3.     Improvement permits are required on all lots before approval of the final plat.
4.     The soil wetness condition shall be lowered to one foot below the bottom of the
       nitrification lines.
       a.       If a drainage plan is required to lower the soil wetness condition, it shall
                be designed by a registrant of the N.C. Board of Registration for Engineers
                and Land Surveyors as allowed by law.
       b.       A statement will be required on the drainage plan, confirming the soil
                wetness condition can be effectively controlled when the drainage is
                installed and maintained in accordance with the plan.
      c.     Certification shall be submitted stating the drainage plan has been
             completed.
      d.     A maintenance plan for the drainage system shall be in place before final
             approval of any septic tank system affected by the drainage.
      e.     If subsurface drain tile is installed, it must be 50 feet from any tree line.
5.    If underground electrical lines or natural gas lines cross the property at any point,
      they need to be flagged by ULOCCO before the site is evaluated.
6.    Location of any soil stock pilings should be shown on the construction plan.
      These stock pilings should be placed in an area not to be utilized for on-site
      sewage.
7.    A 50’ separation is required between any sewage system areas on lots 11 or 12
      and the high water elevation of the detention pond.

      [Greenville Utilities Commission]

8.    Provide a 10’ electrical easement along Prudoe Bay Drive for lots 1-8.
9.    Provide a 10’ electrical easement along Whitten Court for lots 17-20.
10.   Provide a 10’ electrical easement along Caribou Court for lots 9-11.

      [Planning Department]

11.   Install a temporary cul-de-sac at the end of Prudoe Bay Drive.
12.   Lot 1 must be a minimum of 100’ at setback line.
13.   Common area between lots 11 and 12 must be labeled “Non-Buildable”.
14.   Based on the calculations submitted, this development will require the installation
      of BMP’s to meet the nitrogen and phosphorus loading requirements of the Pitt
      County Stormwater Ordinance.
15.   Based on staff’s calculations two grassy swells are required to meet the nitrogen
      and phosphorus loading requirements and a dry detention pond is required to meet
      the peak flow requirements of the Pitt County Stormwater Ordinance.
16.   All BMP’s must be designed according the North Carolina BMP Manual.
17.   Caribu Court is duplicative and must be changed.

      [North Carolina Department of Transportation]

18.   10’ x 70’ sight triangles shall be required on north side of Prudoe Bay Drive.
19.   Cul-de-sac Radii shall be as shown in subdivision manual.

      GENERAL COMMENTS

*      Soil types on this site consist of OcB, Ra, and WaB and posses the following
       characteristics:
           • Seasonal high water table. (OcB)
           • Slight limitations (WaB)
           • Soils are prime farmland or have statewide importance for farming.
              Development will remove the site from agricultural production.
           • This site is currently in woods. Development will remove the site from
              future timber production.
           • Approximate areas shown on soil survey sheet are considered hydric or
              have inclusions of hydric soils and could possibly be wetlands according
              to the US Army Corps of Engineers.
*      The preliminary plat for Prudoe Bay is in Wintergreen, Hope Middle, and DH
       Conley High School school districts under the Pitt County School's current
       student assignment plan.
*      The following agencies have reviewed the revised Preliminary Plan for Prudoe
       Bay and have no comments to make:
                                         Pitt County Emergency Services
                                         Eastern Pines Water Corporation

                                 REZONING REQUEST
5.     H.E. WHICHARD, JR. located on NC 43 North, north of its intersection with SR
       1255 (Short Bridge Road) in the Falkland Township.

Mr. Gooby stated that the rezoning request to be heard by the Board is the first since
several major amendments to the General Statutes became effective on January 1, 2006.
He noted that NCGS 153A – 341 now requires the Planning Board to provide a written
statement on whether a proposed amendment is consistent with an adopted
comprehensive land use plan and any other officially adopted plan that is applicable.

Mr. Gooby stated that when making a motion to approve or deny a rezoning request,
Planning staff recommends the following statements to address consistency with the Pitt
County Comprehensive Land Use Plan:

To Approve: Motion to recommend approval of the proposed amendment, to advise that
            it is consistent with the Pitt County Comprehensive Land Use Plan and
            other applicable plans, and to adopt the staff report which addresses plan
            consistency and other matters.

To Deny:       Motion to recommend denial of the proposed amendment, to advise that it
               is inconsistent with the Pitt County Comprehensive Land Use Plan or
               other applicable plans, and to adopt the staff report which addresses plan
               consistency and other matters.

Mr. Gooby stated that upon the Board’s recommendation of approval or denial, this
statement will be signed by the Planning Board Chairman and forwarded to the Pitt
County Board of Commissioners for their consideration.

Mr. Gooby then presented the Board with information on a petition from H.E. Whichard,
Jr. requesting that 5.39 acres be rezoned from Low Density Residential to General
Commercial. Mr. Gooby stated that the subject property is located on the western side of
NC 43 North, north of its intersection with SR 1255 (Short Bridge Road) in the Falkland
Township. He stated that the vicinity around the property is primarily wooded,
agricultural and limited residential with a mix of site-built and manufactured homes. He
stated that an existing used car sales lot is located adjacent to the subject property, and an
existing single-family residence is located on the subject property. Mr. Gooby provided
the Board with the rezoning application and staff report pertaining to the request. Mr.
Gooby stated that Planning staff is recommending approval of the rezoning request given
the site and its location along a major thoroughfare, and its conformance with the land
use plan. He stated that additionally, if the rezoning request is approved, the existing
single-family residence located on the subject property will become a non-conforming
use subject to the requirements of Section 12.0 of the Pitt County Zoning Ordinance.

Mr. Gooby stated that notices to solicit public comments were sent to all property owners
within 100 feet of the subject site in accordance with the Planning Board’s Notification
Policy. Mr. Gooby reminded the Board that this is not an official public hearing. He
stated the purpose is to gather public comment and input on the rezoning request which
will allow the Planning Board to make a well-informed and educated recommendation to
the Board of Commissioners. Mr. Gooby stated that the official public hearing will be
held by the Board of Commissioners on May 15, 2006.

Chairman Hardee opened the public comment session for the H.E. Whichard, Jr. property
rezoning request.

Mr. Nelson, attorney for Mr. Whichard, stated that Mr. Whichard is planning to build
some type of commercial use such as a gas station or convenience store that will enhance
the subdivision across from the subject parcel.

After some discussion, Chairman Hardee closed the public comment session for the H.E.
Whichard, Jr. property rezoning request.

UPON MOTION by Ron Price, seconded by Benji Forrest, the Pitt County Planning
Board voted unanimously with Jimmy Hughes abstaining, to recommend approval of the
proposed amendment, to advise that it is consistent with the Pitt County Comprehensive
Land Use Plan and other applicable plans, and to adopt the staff report which addresses
plan consistency and other matters of the H.E. Whichard, Jr. property rezoning request.

                                  ZONING MATTER
6.     CONDITIONAL USE DISTRICT ZONING VERSUS CONDITIONAL ZONING
Mr. Gooby stated that Planning staff had been asked to define the differences between
two different types of zoning that are employed by various jurisdictions throughout the
state of North Carolina: Conditional Use District Zoning and Conditional Zoning.
Ms. Gallagher explained that the two methods have similar names; however there are
several distinct differences between them. She stated that a Conditional Use District
Rezoning must be initiated by the owner of the subject property. She stated the property
is rezoned to an existing zoning district, and a conditional use permit is subsequently
issued to allow a specific use or uses. Any use that is proposed must be one that is
permitted within the underlying zoning district either by right or by special or conditional
use permit. Ms. Gallagher noted that the Board of Commissioners may attach reasonable
and appropriate conditions that relate to the relationship of the proposed use to
surrounding properties, parking areas and driveways, pedestrian and vehicular movement,
screening and buffering, water and sewer improvements, stormwater drainage, etc. She
stated that a conditional use district rezoning requires that the Board of Commissioners
follow quasi-judicial procedures when making a final decision on the request.

Ms. Gallagher then explained that Conditional Zoning is employed by a few jurisdictions
in North Carolina, most notably Charlotte and Mecklenburg County. She stated that
unlike conditional use district zoning, conditional zoning is an entirely legislative
decision which does not require quasi-judicial procedures and no conditional use permit
is required. She stated that a new and entirely unique zoning district is created and
applies only to the particular property involved. She stated development restrictions or
standards are established with an approved site plan and apply only to the particular
project or use that is proposed. She noted that additional standards and conditions may
be imposed by the governing board provided they are needed only to address
conformance of the development or site with any ordinance or officially adopted plan.
Ms. Gallagher stated that previously, jurisdictions had to receive special local legislation
to allow this type of zoning; however, the recent major amendments to the General
Statutes now permit all jurisdictions to use Conditional Zoning.

Ms. Gallagher stated that Pitt County does currently employ Conditional Use District
Zoning. She stated that in order to accommodate Conditional Zoning, a significant
portion of the Zoning Ordinance would have to be rewritten. She noted that additionally,
Conditional Zoning can potentially create hundreds of zoning districts, each with its own
unique set of regulations and standards. Mr. Gooby and Ms. Gallagher stated that
Planning staff does not have the resources or manpower that is necessary to monitor and
enforce this number of districts.

                              INFORMATIONAL ITEMS
7.     LAND DONATION FOR PACTOLUS STORMWATER WETLAND

Mr. Smith presented the Board with information on land donation for the Pactolus
Stormwater Wetland. He stated that Pitt County was awarded a grant from the
Albemarle-Pamlico National Estuary Program to construct a stormwater wetland adjacent
to Pactolus Elementary School. He stated that although the grant includes funds for land
acquisition, Davenport Farms, Inc. has offered to donate the .3539 acre tract where the
wetland is to be constructed.       Mr. Smith stated that the Board of Commissioners
accepted the land donation at its April 10th meeting.

8.     DEPARTMENTAL MONTHLY REPORTS

Mr. Smith presented the Board with the departmental monthly reports for March, 2006.

9.     VARIOUS ARTICLES & CORRESPONDENCE

Mr. Smith provided the Board with a newspaper article relating to the travel survey to
begin in Pitt and Greene counties sponsored by the North Carolina Department of
Transportation and Greenville Urban Area Metropolitan Planning Organization.

10.    ADJOURNMENT

There being no further business, the Pitt County Planning Board adjourned at 6:25 pm.

                                                                   Respectfully submitted,
                                                                         /s/James Rhodes
                                                                      Executive Secretary