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June 2009 - Planning & Zoning Draft Meeting Minutes The Chair introduced Petition 2009-03 SE (Accela # PLEX2009-00004) -Preliminary Plat Extension Approval Request for Rocky Glen- Randall T. Scribner Ms. Kassie Watts, Planner addressed the board stating that the applicant is Randall Scribner and he is present tonight to answer any questions. This is a Preliminary Plat Extension Request for the Rocky Glen Subdivision. The extension would be for one yeaz. The extension request was reviewed and the comments received are as follows: City of Concord- Developer will be required to enter into a developer's agreement. Cabarrus County Schools -Robert Kluttz sent revised figures about where the current available capacity figures are. NCDOT - no comments. Soil and Erosion sent a revised inspection report after the board packets were mailed, stating that the applicant would need to submit a revised erosion control plan and provide adequate sedimentation and erosion control measures for the proposed grading outside of the river stream overlay zone. Ms. Watts said if this plat were to be approved, the developer would be granted a one yeaz extension for the development of this project. The expiration date would be July 19, 2010, the extension would be conditioned upon the Cabarius County Board of Commissioners reaffirming or renegotiating the terms of the original consent agreement, because that runs with the preliminary plat approval, and all applicable conditions related to the original preliminary plat approval would be a condition on this approval as well. Ms. Watts said one thing to note is the thins paragraph of the staff report; as we were reviewing the plat, some information was obtained by staff and it appears that the developer does not own the property; yet he obtain an easement from the owners, which he in turned granted to the Ciry of Midland for the Monroe-Midland gas pipeline. The proposed route of the pipe line is across the open area that he promised to the Cabarrus County Soil and Water Conservation District (CCSWCD), to be used as conservation easement. It also apparently goes under the entrance road into the Water Body Overlay District (WBOD). She said when the plat was approved it was called the River/St-~eam Overlay District. There have been text amendments since then and it is now called the Water Body Overlay District, for the existing pond under the play azea and also extends into the no build buffer for the intermittent stream. Thus the plat which the developer is requesting an extension is no longer accurate and will need to be changed. Ms. Watts said that is one of the reasons that Mr. Smith had modified his comments that the soil and erosion plan would need to be changed. We have spoken with Mr. Scribner and he is aware of what is going on. We have also had some dialogue with Mr. Testerman about the conservation easement. She said Mr. Scribner is requesting an extension for one year. Mr. Randy Scribner, 4110 French Fields Lane, Harrisburg, NC, addressed the Board. Mr. Scribner said he is the current developer on the property. He said there was some concern about the pipeline. He was approached by the pipeline company, and the Town of Midland basically said they are going to get this property. He thinks this was before there was any information that he was aware of, that Attachment number 9 Page 75 of 315 E-1