Agenda - 06-18-2013 - 5a - Laserfiche WebLink

Browse Search

24 1 Referring to the subdivision layout Michael Harvey pointed out that the septic locations 2 are approximate and these can vary. He noted the stream buffer and said a footbridge has 3 been proposed for access to an easement and open space access. He reviewed buffers and 4 preservation of hardwoods through a voluntary tree buffer. He said Duke Forest reps and 5 others were invited to the neighborhood meeting and expressed no concerns about this project. 6 He said the applicants have decided to keep the open space as maintained by the local 7 homeowners association. He noted that Triangle Land Conservancy is interested in the 8 pedestrian open space access which could eventually tie into trails. 9 He reminded board of process and actions as outlined on page one of the abstract. 10 Chair Jacobs referred to page 123 and the prohibiting of tree cutting in the land use 11 buffer. He asked if there is a similar prohibition for the northwestern portion of the property. 12 Michael Harvey said this area was designed to be left in an undisturbed state. He said 13 that an allowance can certainly be added. 14 Chair Jacobs said this addition would clarify the conditions, and Michael Harvey said this 15 can be put in. 16 Chair Jacobs asked about discussion on having buffers on the north and east instead of 17 the south and west. 18 Tom Heffner, developer from Heffner Properties, said they wanted to have the buffer 19 along 86 to maintain a rural treed look. He said that New Forest and the people at Triangle 20 Land Conservancy (TLC) wanted an undisturbed buffer. Because of this, the buffer was used 21 to maintain a 2 acre lot size. 22 Chair Jacobs asked if there discussion at the planning board about curb and gutter. 23 Tom Heffner said he likes the curb and gutter as it reduces the tree cutting and grading 24 needed. He said this also allows grass shoulders to be established more quickly. He said the 25 concerns expressed were related to wildlife crossing. 26 Michael Harvey said the position of the developer is that the curb and gutter system 27 would accomplish a greater degree of protection for the surrounding environment as a point 28 source of transferring storm water. He said that the rationale of the plan is that it avoids clear 29 cutting and protects the viability of the creek. 30 Chair Jacobs said the DOT has a one size fits all for the roads and he feels the 31 developers have done the best job possible with this. 32 Commissioner Dorosin asked how much discretion the Board has in approving 33 something like this. 34 Michael Harvey asked what the concerns Commissioner Dorosin had and said the 35 process indicates that the planning board said this meets the code and staff said it meets the 36 code. He said the commissioner has the opportunity to express dislike for the project or the 37 code. 38 Commissioner Dorosin said he is just curious. He referenced the restrictive covenants 39 and asked if this is something the developers are required to do. 40 Michael Harvey said yes. 41 Commissioner Dorosin asked if this is to ensure preservation of the open space. 42 Michael Harvey said the restrictive covenants are what the local residents will have to 43 live with. He said the County staff establishes the planning guidelines. 44 Commissioner Dorosin asked if the Board of County Commissioners have input into 45 what an HOA does with their covenants. He referenced the covenant prohibiting signs and said 46 this violates first amendment rights. 47 John Roberts said the Board has input only on restrictions that have to do with UDO and 48 Comprehensive planning. He does not believe the Board has authority over Homeowners 49 Association restrictive covenants.