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24 <br /> <br /> <br />The developer is requesting that the roads be constructed to Class A private road standards as <br />detailed in Section 7.8.5 of the Unified Development Ordinance (UDO). The roads could still <br />meet NCDOT road standards except for elements of the drainage culvert/bridge construction <br />(i.e. the wing walls, side slopes, and bottom flow material) and other similar items. <br /> <br />Staff is recommending that this be approved, as articulated on Page 7. <br /> <br /> Peter Bellantoni, of Pennoni, reviewed a PowerPoint presentation, which reviewed maps <br />and photos of the land. He said the issue with getting approvals for the development pertains <br />to three creek crossings: two off Secretariat Court, and a larger one on Galant Fox. He said <br />these three crossings were approved in 2014. He said the Developer has submitted essentially <br />the same layout (19 lots), with a few changes such as the two properties on the Triple Crown <br />Drive frontage being combined into one and sold; and trying to further reduce impervious <br />surfaces by going down to an 18 foot wide road; and eliminating the fire pond, due to an outside <br />source of sustainable water. <br />• He reviewed the culverts and pipe crossing/bridge structure and durability with maps <br />and photos. <br />• He said their structure is approved by DOT Standards. <br />• No problem with Emergency Services accessing these roads. <br />• Maintenance agreements <br />• Disclosure Statements <br />• He reviewed the modified proposal of a 10 lot exempt sub-division if the present <br />proposal is not approved- pros and cons <br /> <br />Commissioner McKee said, in the interest of full disclosure, he is a Summit Engineering <br />employee. He said he rode out to this development and saw the span of the bridge. He said it <br />blends in well with the environment, and he has no questions about the structural integrity of the <br />bridge, but it was not the one that was approved in the original permit, which said it would meet <br />Department of Transportation (DOT) standards. <br />Peter Bellantoni said the original plan showed for a span there, and DOT was not going <br />to accept a span, because it is an environmental crossing. <br />Commissioner Burroughs said she watched the video of the April 3rd, and this is an <br />unfortunate situation, but she believes that the disclosure statements will protect the residents, <br />and it is a net benefit to the County to approve this project with the larger number of lots. <br />Commissioner Rich asked if clarification could be provided between what the Army <br />Corps of Engineers wanted and what DOT wanted. <br />Michael Harvey said it is not a question of what the Army Corps wanted, but rather what <br />it would allow as part of its permit process. He said this is a situation of a difference in opinion <br />from two regulatory agencies, each of which have a separate and independent view of the <br />needs of a particular construction item. He said the Applicant chose a path that centers on <br />requesting that this comes back as private roads, to address its concern. He said for the <br />Applicant to comply with DOT standards, would have meant further impact on the stream, and <br />would have required the Applicant to go back to the Army Corps to revise their permit, for which <br />there was no guarantee they would get one. <br />Michael Harvey said buffers will not go away regardless of what shape this project <br />takes. He said the imposition of stream buffer requirements is not a subdivision development <br />standard, but is a zoning development standard. He said if there were ten-acre lots, each <br />property owner that had a water feature on their property, would have to preserve the buffer as <br />articulated in section 6.13 of the Unified Development Ordinance (UDO). He said all applicable