Legislation Details

File #: 15-1427    Version: 1
Type: Agenda Item Status: Passed
File created: 9/28/2015 In control: Planning
On agenda: 10/19/2015 Final action: 10/19/2015
Title: Vote on a request to approve Michael Poe, Complete Development, LLC, for a twenty-four (24) month extension of the preliminary plat approval for Cattail Creek Subdivision to extend the expiration date from November 15, 2015 to November 15, 2017 for the balance of the project consisting of 21 lots, located off S. R. 1506, White Smith Road, Hadley Township, Parcel #60065.
Attachments: 1. More Information from Planning Department Website

TITLE

Vote on a request to approve Michael Poe, Complete Development, LLC, for a twenty-four (24) month extension of the preliminary plat approval for Cattail Creek Subdivision to extend the expiration date from November 15, 2015 to November 15, 2017 for the balance of the project consisting of 21 lots, located off S. R. 1506, White Smith Road, Hadley Township, Parcel #60065.

 

ABSTRACT

 

Action Requested:

Request by Michael Poe, Complete Development, LLC, for a twenty-four (24) month extension of the preliminary plat approval for Cattail Creek Subdivision to extend the expiration date from November 15, 2015 to November 15, 2017 for the balance of the project consisting of 21 lots, located off S. R. 1506, White Smith Road, Hadley Township, Parcel #60065.

 

Introduction & Background:

 

Zoning District: Unzoned                       

Watershed District: WSIV-PA

Water Source: Private Wells                   

Septic: on-site and off-site septic and repair areas

Acreage: 172 acres                                 

Within 100 year flood plain: no

A minor subdivision of 5 lots out of the 172 acres was approved by staff in 2004. The balance of the Cattail Creek Subdivision received sketch design approval from the Board of County Commissioners on November 15, 2004 for 76 lots. Preliminary plat approval was received June 20, 2005 for 72 lots. To date, 56 lots (including the 5 lot minor) have received final plat approval. Per the developer, 55 lots have homes constructed. The minimum lot size is 1.50 acres with an average lot size of approximately 2 acres. The Permit Extension Act of 2009 extended the preliminary plat expiration date to November 15, 2013.  The developer received a twenty-four (24) month extension from the Board of County Commissioners to extend the expiration date from November 15, 2013 to November 15, 2015. 

This subdivision is reviewed under the pre-2008 Subdivision Regulations.

 

Discussion & Analysis:

The developer, Michael Poe, Complete Development, LLC, is requesting a twenty-four month extension of the preliminary plat expiration date to extend the date from November 15, 2015 to November 15, 2017.  If an extension is not granted, the preliminary plat will expire as stated on November 15, 2015 and any further development of the undeveloped portion of the project will be reviewed under the current Subdivision Regulation requirements.

There were several conditions of sketch and preliminary plat approvals which have been satisfied. As stated in the request letter, the subdivision has continued to be developed over the years, but, due to the economic slowdown and housing market decline in the Siler City area, the developer has not moved forward to develop the 21 remaining lots. The developer has stated that there are currently 55 homes constructed in Cattail Creek Subdivision with one lot remaining to be built on prior to commencing with development of the remaining 21 lots.  There are no planned changes to the roadway layout. Required permits were obtained for the roadway crossing of Cattail Creek and that crossing has been made. There are no additional stream crossings. Samir W. Bahho, P.E., has certified in a letter to staff dated August 19, 2015 that the NCDOT road plan approval is still valid and will remain so as long as no changes are made to the road design; that the erosion control permit covering the 21 lots has expired; that the developer will be required to obtain a new erosion control permit prior to any land disturbing activity; and that NCDOT will have to approve the existing creek crossing prior to the developer commencing with road construction. As stated, the roadway serving all existing lots was built to the NCDOT public road standards.  As of this date, the developer has not petitioned NCDOT for maintenance of the existing roads. 

 

The Planning Board met on September 1, 2015 to review the request.  Michael Poe, Complete Development was present to answer any questions.  There were no questions or concerns from the Planning Board.  The Planning Department did not make a recommendation on the request as this is a policy decision to be made by the Board of County Commissioners.  Staff recommends that if the request is approved by the Board of Commissioners that all renewed or new permits be submitted to staff prior to any land disturbing activities on the remaining 21 lots.  

 

Recommendation:

The Planning Board by unanimous vote recommends approval of the request for a twenty-four month extension of the preliminary plat approval for Cattail Creek Subdivision to extend the expiration date from November 15, 2015 to November 15, 2017 for the balance of the project consisting of 21 lots.  If the request for an extension is approved, the Planning Department requests that the developer provide staff with copies of any new or renewed permits.