1994-12-01 Work Session
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-iUNUTES OF WORK SESSION, DECEMBER 1, 1994..-
SUBDIVISION APPROVAL PROCESS
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ASSEMBLY
The New Hanover County
Session on Thursday, December
the County Administration
Wilmington, North Carolina.-
Board of Commissioners held a Work
1, 1994, at 11:00 A.M. in Room 501 of
Building, 320 Chestnut Street,
Members present were: Commissioners Sandra Barone; William A.
Caster; William E. Sisson, Jr.; Vice-Chairman E. L. Mathews, Jr.;
Chairman Robert G. Greer; County Manager, Allen O'Neal; County
Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F.
Harrell.
Chairman Greer called the Work Session to order and announced
the purpose of the meeting is to hear a presentation on the
Subdivision Approval Process.
SUBDIVISION APPROVAL, PROCESS PRESENTATION
~^' Planning 'Director, Dexter Hayes, presented a schedule of
meetings for the Technical Review Committee, which reflected the
information given 'to applicants and the different reviewing
agencies that are involved with the Subdivision Approval Process.
,S~ides were presented reflecting the major steps of the approval
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(1) Presentation of a Sketch Plan: This step is optional, and
9n1y 10% '.of'the; developers submit a plan. A Sketch Plan in advance
is~l:ienefic,falt'o both the developer and Planning Department because
many 'problems,' can:\."be eliminated due to poor soils, wetlands,
thor'oughfare,' ]:\oiltes, 'etc. It is hoped that more developers will
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i-;use":\thJ:s jOptJ:ori".~"k; ,
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(2.) Prelini'in'arv Plan:. The Preliminary Plan is the critical part
of,~ .the' .Subdiv,ision Approval Process in that all improvements,
.,des'ign, specif1cat1ons and standards are decided upon at this time.
~qiice~",:the,p'lanj:!i'sijapproved by the Technical Review Committee, the
~1i~~~l1iper s~h"'pegi,n\'construction of the subdivision.
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'(3) 'The Final'Plat: The Final Plat is approved by the Director of
,;'ppillnipg afteri a .review of the plat as to the number of lots, the
iilocati.on of'!3:t:r,ee:t:s, design, and the performance of an inspection
by thel."ITlspe'c:t.i'o,ns ,Department to ensure that improvements are in
"compl:fiince,.wipr'the Preliminary Plan. Once the Planning Director
s'fgnsoff ~oh; the,!l:pliit, it is recorded in the Register of Deeds
6'ff fee' and,the~ -'developer can beg in to sell lots. The signing off
.cit;';t,he, piat is the, controlling element of the local government' s
ab'i,l'ity to reg~la:t:e gr.owth and development because the Register of
'Deeds .Office Mi'l'l not' accept a map unless signed off by the
~appropriate 'jur'isaicilon, whether a municipality or county.
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commissioner Sisson informed the Board that in New Hanover
County~ al~~ the- houses can be constructed and the project
i :~llsentiaily' cClInpletedbefore the map is recorded in the Register of
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Planning ~ir~stoi"Hayes explained that the County does allow
coilstruction of tne, silbd,i vision to begin after approval of the
,pr'elilninary Plim. ',~\ This means that construction of streets and
, '~ater~nd sewer'lines c~n begin as well as the issuance of building
~p~i~~ts fo~ hii~s., This procedure does create an element or risk
" fOI?:~,the de'{,eloper beca.use the project hinges on approval of the
:"-Finar:;'Plat andi recordation of this plat in the Register of Deeds
: oifctce. Ttie""courfi!Y~'<i r:H 1:,urn, cannot allow the occupant to move
~I'!tb" 'li\ con!Ple"e~ho!:};'€> until the plat has been ,recorded. This
,':situation idOes not Q'ccur that frequently, but J: t can create a
;pF~blein ,(or, 'tlie;;i;ome :h,uyer.
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;," .~,: Vice'-Chairmiii. :Mathews inquired as to whether problems would be
cr~atea"i.n,the' County required the plat to be recorded before the
consti;uction'6f'h'Omes could begin?
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MINUTES OF WORK SESSION, DECEMBER 1,'1994
SUBDIVISION APPROVAL PROCESS
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Planning Director Hayes reported if this procedure was used,
the developer would have to provide a Letter of Credit, bond, or
cashier's check to the county to guarantee that funds are available
for the County to complete the improvements if the developer should
experience bankruptcy before the project was completed and
recorded.
Assistant County Manager, Dave Weaver, reported the problem
with this change would be the possibility of the county having to
become a contractor and complete a project, which is time consuming
and quite costly even though funds are available through a Letter
of Credit.
Director Hayes informed the Board that the purpose of the
subdivision review process is to promote orderly development;
coordinate streets and highways; coordinate development with other
public facilities; dedicate or reserve rightsfpf-way or easements;
distribute population and traffic to avJid congestion and
overcrowding; facilitate adequate water, sewer~parks, schools, and
playgrounds; and facilitate resubdivision of larger tracts into
smaller parcels. Other purposes are to provide accurate maps and
records of property; reserve funds for recreation land and streets;
coordinate Community service Facilities, and reserve school sites.
Discussion was held on the frequent use of culs-de-sac in
sUbdivisions, and the problems they create with delivery of
emergency services, utilities, and traffic circulation. Planning
Director Hayes reported New Hanover County is much more lenient
than other cities and counties throughout the state in permitting
the use of culs-de-sac.
Further discussion was held on the county requiring streets in
subdivisions to meet the N. C. Department of Transportation (NCDOT)
standards. Planning Director Hayes reported streets are required
to meet NCDOT standards; however, there is,,'}a provision in the
Subdivision Ordinance that provides for a waiver in the design
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requ1rement, 1f the var1ance 1S approved by th~ Plann1ng Board. In
the existing. Subdivision Approval Process, the"State is required to
sign-off on the Subdivision Map at the prelim~nary Plan level and
ensure that all streets have met NCDOT standards. If the road is
private, the Subdivision Ordinance requir~s the road to be
constructed to NCDOT standards and a notice and disclaimer is
placed on the map informing persons that this is a private road.
Also, the County requires the establishment of a Homeowners
Association for the perpetual maintenance of a private road.
Unfortunately, there are many private roads that were constructed
before these regulations were adopted and homeowners have
experienced problems with maintenance of private roads.
Discussion was held on impact fees. Commissioner sisson
inquired as to the impact fee charged under a Planned Development
District?'
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Planning Director Hayes explained thattihe county's Planned
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Development Ordinance requires these proj ect:? to address, school
needs. The calculation is based upon the numb~'r of classrooms that
will be needed for the increase of the population ,in a Planned
Development with the developer providing the land for the school,or
funds to address these needs. 1 :
Planning Director Hayes reported under North Carolina Law, a
subdivision can be approved by the following groups: (1) th~ Board
of county commissioners; (2) through the Planning BOp.rd making
recommendations to the Board of County Commissioners with the final
sign-offs by the Board of county commissioners; or (3) designation
of a Planning Agency, which is the current procedure used by New
Hanover County. All subdivisions are approved by the Technical
Review Committee, which is composed of members of the Planning
Board, and the Commissioners are not involved with the approval
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MINUTES OF WORK SESSION, DECEMBER 1, 1994
SUBDIVISION APPROVAL PROCESS
PAGE 380
process until an a'pplicant appeals a ruling rendered by the
Technical Review' Con~ittee.
Director Hayes presented a report on the history of
subdivfsion review from its inception in 1965 through the current
process.
commissioner sisson expressed concern for the Planning Board
and Technical Review Committee having authority to approve a site
plim that ,will increase density in an area over the amount of
density allowed in the current zoning district.
Planning Director Hayes reported in the Land Use Plan there
are de~ignated areas where high density development can occur if
alJ the criteria have been met under the performance zoning
regulations. The County chose to determine in advance through
performance regulations if a site has adequate traffic access,
water and sewer availability, proper drainage, etc. before the site
. is:, approved for high densi tydevelopment.
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Comm1SS1oner S~sson reported the current performance zon1ng
regulations dq provide an element of protection; however, no
consideration is given to individual cases. For example, the last
rezoning'; on Gordon Road did not take into account the negative
impact on the proposed new elementary school nor the amount of
traffic ,that will be emptied directly onto Gordon Road. The
'qties~ion to be answered is whether a high density project of this
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type should have another level of rev1ew?
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Chairman G~eer reported the current regulations seem to be
addressing,. high ~,densi ty projects satisfactorily; therefore, he
cannot.isee :making "il "c'hange.
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Planning Director Hayes reported school needs could be
incorporated in'! the ordinance for high density projects.
Discussion~ was ~held on the importance of providing adequate
iri':firas:tructureineeds, whether water, sewer, streets, or schools.
,Dur-ing;~the~:past',Y:e'ar-,.,2 ,100 new preliminary lots were approved and
1~',600 ,;new'" lot:'s\~were-'~recorded. with this rate of growth, the
{~~rastructu~e~n~edi:mustbe addressed.
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Discussion was held on the possibility of charging an impact
fee fo't, ,scnoors ;andjor providing a system whereby the County will
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work. very ,closely wl:,-t;:h the schools to mon1tor where new schools
will be needed~'and idl!'ow the County to budget in advance for these
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needs~'," ';'. '"
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, In summary,.,,;,i:t"',w.as concluded that recommendations should be
,1:preparedi',as .,tb'''''ilow - the Zoning Ordinance should be amended to
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address schools and other infrastructure needs.
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,'0:'" ;tl' Vice-Chairman Mathews commented on the need for ,New Hanover
,co1;1~t,y,; to i)<{YET,J, d~~~.cat:ed service roads. parallel to main
~'thoroughfares' and stated these roads would el1m1nate the number of
'r., curb "cuts ,and 'hcizarq'dUs traffic conditions on major roads in the
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county'., He"asked" 1f lithe state could be encouraged to develop these
typ~s ',~of; r6?d~,?:f p,:ra-n'1ing Director Hayes reported there are a ..-
('Couple':!Of s,ervil,cil st:!ibs" on Smith Creek Parkway, and it hoped th,at/
the!"S:t~ate i's m'ov'ingin ..this direction.
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ADJOURNMENT
. " "1''''' Chairman GiE{er expressed appreciation to the Planning Director
'1, for. <an""exde:fiend~pre~entation and adjourned the meeting at 12: 05
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P.M.., ." ,. .
rYev#=ted,
~ F. Harrell
Clerk to the Board
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