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June 2009 - Planning & Zoning Draft Meeting Minutes get way over his head in a project until he knows it is going to work. He has spent a ton of money on it, but they have not transferred the property to him because he does not need 36 acres that cannot be developed. Mr. Dennis Testerman, Resource Conservation Specialist, 2490 Penninger Road, Concord, NC, addressed the Boazd. He said Cabamts Soil and Water Conservation District (CSWCD) have been working out in this area for probably five years. We were first approached by the Kirgan's who own the property identified as Landmark Development; they had some problems with storm water runoff from the school and he was helping them find some solutions to that. Subsequently, the state of North Carolina identified an opportunity for restoring the stream that runs in the conservation easement and the State of North Carolina is going to do a stream restoration project on that and will be starting fairly soon. In light of already having an easement there, as the plans have come through for Rocky Glen and Landmark Development which is in the City of Concon:l; he went to the City of Concord Planning and Zoning Commission to see if he could get conservation easements on the feeder streams that go into the stream that already has an easement on it to get some connectivity, and to get better water quality benefits over the long haul. That is how we got into this project. He showed the Rocky River Elementary School, Boulder Creek, Autumn Ridge and the proposed boundaries for Rocky Glen on the map. He said it takes on two tracks and in the center is a pond and the feeder stream that goes down and comes into another stream that already has an easement on it. The Register of Deeds office has a recorded utility easement for the pipeline that goes down by the pond and down to the point of the property. He said there is another easement across the proposed Landmark Development. He said the pond has been there since 1956, the land was more open then though you have wood in the general azea of the pond and on the steeper slope. The yellow lines are 10 foot interval contour lines; in addition to the stream shown the soils map shows another stream that comes up and would have to be delineated by wetlands specialist under the inter-basin transfer agreement with the county. He said there may actually be more area in there that needs to be buffered then is indicated on the plans that are currently out there. Mr. Testerman said they were very pleased that this came forth as an open space subdivision. He thinks the inspiration for that when it was added into the county ordinance was that it would be a conservation subdivision design concept. He said the conservation subdivision design premise is if you start with the natural features on the land, and so the water quality feature there would certainly be one of them and the other one would be prime farmland soil. Most of the upland on Archibald road is prime farmland soil called Cullen. The City of Concord has told Mr. Testerman that they received comments and submitted comments back about a year ago, July 2008 and they do not have anything on record since then of this dialogue going forward. He tries to go to the development review committee meetings that the City of Concord hosts, which is where all there staff people come in and the developer can come in and meet with them and try to get everybody on the same page. It certainly would be a good opportunity to discuss a project like this. That has been part of the problem; you have the City and County involved and there is really no great way to communicate other than getting people together in the same room or send a lot of emails back and forth. The open space subdivision design, as he understands it, is to trade off protecting primary open space and secondary open space and giving higher densities as a result. Personally and professionally he would like to see a higher level of protection for that primary open space, which is the area Attachment number 9 Page 77 of 315 E-1