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staff has recommended that the turn lane go in. The second issue had to da with the preservation of <br />trees along Nine Gates Road into the project. The trees adjacent to the roadway have been <br />surveyed and are between 17-21 feet off the roadway. There will be tree protection and there will <br />not be major cut and fill operations. Another issue of concern was the drainage. He deferred this <br />issue to the applicant. The last issue of concern was open space. At the suggestion of the Board, <br />there have been some additional open space areas created within the project. There has been an <br />additional pedestrian easement created between lots 13 and 14. Also, there has been additional <br />open space added along the entrance and behind lots 29-32. <br />Warren Faircloth, Erosion Control Officer, said that the applicant's engineer prepared a <br />drainage study, showing the increase in runoff based on conditions before development and after <br />development. The increase on the Cox property is 8.8 cubic feet per second, which is a 45°fo <br />increase. The report indicates that this is not a great increase. The runoff study does not <br />recommend installing any detention measures to control the runoff. <br />Commissioner Brown asked why an increase in runoff of 45°lo was not significant. <br />Warren Faircloth deferred this to the applicant. Commissioner Brown feels that this is a problem and <br />thought that the County was working toward a goal of containing all runoff within the property. <br />Warren Faircloth said that his understanding of drainage laws was that the developer has the right to <br />discharge this water into the existing drainage way, even if the rate is increased. <br />Geoffrey Gledhill said that the common law allows for the downstream owners of land to <br />have a natural burden of the upstream water flow. The law further says that the reasonable use of <br />the land includes increasing to a reasonable degree the flow and the speed of the water that runs on <br />to the downstream land. He said that the objective of the County regulations was to make sure that <br />the downstream properties were not inundated by storm water. The question becomes, "What does <br />inundated mean?" He said that the bottom line on this project, from the staff's perspective, is that it <br />is impossible to tell at this time whether there is a need far a permanent storm water detention <br />facility on the property. <br />Citizens' Comments <br />Maria Tadd said that she was apposed to the building of 41 houses. She said that this <br />area was a pristine part of Orange County that was very safe and the residents can ride their bikes <br />and be close to nature and still be within a reasonable commute to RTP. She asked that the <br />developers act responsibly. She spoke about the reasons that building 41 homes in the proposed <br />subdivision was not responsible. She said that it will add approximately 8Q more cars to Jones Ferry <br />Road, making the daily commute horrific and more dangerous. An increase in cars will also spill <br />aver to Ferguson Road as the new homeowners make their way to the recycling center. She said <br />that Ferguson has already become a speedway. An additional 41 houses will put a drain on an <br />already limited water supply. Many of the residents run out of water on a regular basis during years <br />of draught. The additional traffic will make it less safe for bicyclists and pets. Also, added traffic will <br />require the building of turn lanes, thus converting green ways into stretches of blacktop. She lives at <br />the bottom of a steep hill and gets the drainage of all of the houses above her. During Hurricane <br />Fran, her yard was so saturated that she lost 52 large hardwoods. She would hate to see the <br />character of Jones Ferry Road altered. She asked the Commissioners to carefully evaluate the <br />long-term impact that The Woodlands will have. She asked the Commissioners to consider the <br />development of ten ten-acre lots instead of 41 lots. <br />Delos O'Daniel said that he feels his concerns have been addressed in the new plan <br />before the County Commissioners for consideration this evening. He thanked the Commissioners <br />for listening to the concerns of the citizens. <br />Gordon Brawn, who was representing the applicant, mentioned that he and his fiancee <br />had purchased some property from Lynn Cox on Janes Ferry Road after he was hired to represent <br />Kimley-Horn. He made reference to the drainage issue and said that he could not find any evidence <br />where anything channeled in that area. He was concerned that there would be a 45% increase in <br />the runoff, however, if you look at it as an absolute value, it is truly insignificant. Secondly, the <br />culvert upgrade that is scheduled for Nine Gates Road will address a problem that Ms. Cox did <br />experience on her property. He said that this would be positive because it would allow the property <br />to drain more freely. Thirdly, he believes that the taking of Nine Gates Road to NCDOT standards is <br />