Minutes - 10-03-2000 - Laserfiche WebLink

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Commissioner Jacobs asked Craig Benedict why the information about the violations was not reported as part of the information that the Commissioners received. Craig Benedict said that he only found out about the violations today. Commissioner Brown asked about the creek and whether it is a spring fed creek. Craig Benedict said that the staff looked at USGS maps and it was not shown as a stream. When they visited the site, there was evidence of an intermittent stream. He identified the stream on the map. Commissioner Brown asked if a septic line would go across the creek and Craig Benedict said that a pump system would go from the 4.5-acre lot, down the creek, and up the hill to portions of lots seven and eight where there are septic easements. There are no prohibitions to having pump systems across drainage areas. Dr. Wally Diehl, the applicant, said that he wanted to live near his practice and that is how he got involved with this piece of property. He said that when he walked on the property, he wanted to do storm cleanup after Hurricane Fran. He said that his grading contractor did mare than he was supposed to do before the approval process. When he was notified that he was out of compliance, he immediately came into compliance. Two weeks ago, with the recent rains, he was told that his sedimentation trap in the stream way was not doing the job any longer and something different needed to be done. He immediately called his grading contractor who was going to fix the sedimentation trap this coming Monday. He has met with the neighbors and will be glad to meet with them again to address their concerns. He said that the subdivision has met all of the ordinance requirements. Commissioner Brown asked when Phil Post came into the picture and Dr. Diehl said that Phil Post came into the picture in June 1999 when the concept plan was submitted and approved. Phil Post illustrated on a map where the clearing for the roadway took place. He said that the contractor cleared the absolute minimum and that none of the house sites have been cleared. When all the clearing is done, 2'/2 acres will be cleared from this 22-acre tract. There will be 84% tree coverage an this tract. Phil Post made reference to erasion control and said that they have taken into consideration some special drainage requests from citizens who live in that area. Commissioner Halkiotis asked Craig Benedict about the roadwork that had been done before the County Commissioners approved the subdivision. Craig Benedict said that this has been the practice in the past but it would not be allowed under his direction. Commissioner Halkiotis feels that it is outrageous that roadwork would begin before a subdivision is approved and he is offended by this information. Commissioner Brown asked if the road into the subdivision would be a state maintained road and Craig Benedict said yes. However, if the road were a private road, there would be less destruction of the land. Craig Benedict said that the requirement for a public road and a private road is a 50-foot wide corridor. He said that there would probably be the same amount of clearing. The only difference is the sloping. Commissioner Brown asked if this project could be built on a private road and Craig Benedict said yes. The subdivision would have to have twice the lot size to justify one of the criteria for a private road. There would have to be increased setbacks and stream buffers, etc. to justify the private road. Jahn Link made reference to page two of the abstract and the recommendation about deferring consideration of the subdivision to pursue additional analysis and review. Commissioner Jacobs suggested that the developers meet with the neighbors and then meet with County staff to see if they can work out some of the problems that have been identified. The developers may also want to consider working with the Dispute Settlement Center. Dr. Diehl asked if their sound expert could speak. Norl Stewart, from Stewart Acoustical Consultants in Raleigh, said that he understands the problems of the neighbors who were there before the highway was constructed. Also, the sound that reaches them from I-40 is different according to the level of atmospheric conditions. He said that in order for the citizens to have a fairly perceived difference in the noise level, there must be a change of about five or six decibels. This would require a reduction in sound of two-thirds to three-quarters. Nothing that Dr. Diehl plans to do is going to have very much of an affect on the noise. In answer to a question from Commissioner Brown, Mr. Stewart explained that when the source of the noise is 100-400 feet away, the atmospheric effects are quite strong. He explained how the sound goes up and back down at different times during the day. Anything that is done on the