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TO: Mayor and Members of the City Council

FROM: Rich Olson, City Manager Matthew Schelly, Community Development Director DATE: May 11, 2018 REF: Consideration - Call for a Public Hearing for Heron’s Ridge

Preliminary Plat for Phases 2, 4, & 5 BACKGROUND:

During the April 23, 2018 City Council meeting, the Council called for a Public Hearing to be held for the Heron’s Ridge preliminary plat phases 2,4 and 5 during the May 14, 2018 meeting. The original advertisement was unable to be published in a manner that would satisfy the required ten-day period for public notices; therefore, staff is requesting the call instead reflect a date of May 29, 2018. The initial sketch plan, which included 245 single-family residential lots located on 98 acres and was to be built in five phases, was granted conditional approval by the Technical Review Committee (TRC) in November of 2004. The preliminary plat for 105 single-family lots in Phases 1 and 3 was recommended for approval by the Planning Commission in July 2005 with City Council granting the approval at the July 11, 2005 public hearing. The final plats were approved on March 16, 2006 and February 27, 2008 for Phases 1 and 3 respectively. To date, Phase 1 is built out and construction has begun in Phase 3. ANALYSIS:

The Heron’s Ridge development is zoned R-10 and located on a total of approximately 87 acres, composed of 245 single-family lots. The development is located on the west side of River Road, across the street from the River Road Middle School. Phases 2, 4, & 5 encompass approximately 47 acres with 140 single-family residential lots and one open space lot. The preliminary plat for 140 single-family lots in phases 3, 4, & 5 was reviewed by TRC at the September 2016 meeting and granted conditional approval. The Planning Commission heard the request on October 4, 2016 and recommended

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conditional approval. All of the required state permits for the development have been secured. Extension of Aydlett Circle will provide connectivity to the existing Edgewood subdivision, while the extension of Ensanada Drive will provide connectivity to future development to the north. Based on the proposed 140 single-family lots, the development will be required to dedicate approximately 1.26 acres to Parks and Recreation. The developer is offering to dedicate a 3.45 open space lot of which approximately 40% is occupied by a stormwater detention pond. This offering does not meet the Unified Development Ordinance requirements for parks and recreation space which requires that no more than one fourth of the open space lot shall be unusable for typical recreation activities. The Parks and Recreation Department expressed concerns at the TRC meeting regarding the accessibility and usability of the open space provided; stating that a fee in lieu of dedication would be preferable. It was further noted that the City would likely not want to assume the maintenance responsibility for the detention pond. It is at the discretion of City Council as to whether the fee in lieu is acceptable, or if the public parks and recreation dedication will be required. The Planning Commission considered this application at their regularly scheduled meeting on March 3, 2015. Planning Commission recommended conditional approval with Staff and Technical Review Committee review comments. Prior to being heard by the City Council:

Corrected plans reflecting all Technical Review Committee and Planning Commission comments shall be submitted for review and approval.

STAFF RECOMMENDATION: By motion, call for a Public Hearing to be held on Tuesday, May 29, 2018, following the conclusion of the Public Comments portion of the agenda, in Council Chambers of the Municipal Administration Building, 306 E. Colonial Avenue to gather citizen input regarding the approval of the preliminary plat for Phases 2, 4, and 5 of the Heron’s Ridge development.

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CITY OF ELIZABETH CITY PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT

STAFF ANALYSIS

COUNCIL MEETING DATE May 14, 2018 ITEM Preliminary Plat for Heron’s Ridge Phases 2, 4 and 5 comprised of 140 single-

family lots. LOCATION/DESCRIPTION The 47.85 acre site is located on the west side of River Road, approximately 1,500’ south of the intersection of Asbury Drive and across the street from River Road Middle School. OWNERS/DEVELOPER: APPLICANT/AGENT: Heron’s Development LLC Eastern Carolina Engineering, P.C. c/o H Samuel Miller, IV PO Box 128 111 Currituck Commercial Drive, Suite B Camden, NC 27921 Moyock, NC 27058 (252) 335-1888 (252) 435-6403 TAX ID: Tax Map: P123 Parcel: 33A, 33B and Tax Map 66 Block: H Lots: 9B and 10B ZONING DISTRICT: R-10 Residential ZONING AND LAND USE OF SURROUNDING PROPERTY:

NORTH: R-15 & R-10 Residential; cropland; improved and vacant single-family lots

SOUTH: Office & Institutional (O&I); vacant – cropland and baseball field

EAST: R-15 Residential; River Road Middle School

WEST: Office & Institutional (O&I); ECSU - K.E. White Center

NARRATIVE OF REQUEST: The owners are seeking Preliminary Plat approval for the remaining three phases, 2, 4, and 5, of Heron’s Ridge, consisting of 140 single family lots on 48 acres with an additional lot for open space and detention pond uses. Heron’s Ridge is a single-family development with a total of 245 lots in all five phases located on a site of approximately 87 acres. The project is located on the west side of River Road across the street from the River Road Middle School.

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BACKGROUND Prior Actions, Boards, & Commissions: The site was annexed into the City in September 2004 and rezoned from R-15 Residential and Office & Institutional (O&I) to R-10 Residential. The initial sketch plan for the development included 245 single-family lots located on 98.14 acres to be built in five phases. The sketch plan was heard by the Technical Review Committee (TRC) on November 23, 2004 and conditionally approved. On March 22, 2005 the Preliminary Plat for Phases 1 and 3 for 105 residential lots was reviewed and granted conditional approval by the TRC. The Planning Commission then heard the request and recommended approval at their July 5th 2005 meeting, with the City Council granting final approval for the preliminary plat on July 11, 2005. The Final Plats were approved on March 16, 2006 and February 27, 2008 for Phases 1 and 3 respectively. The infrastructure in both of these phases has been completed. Currently Phase 1 is built out and home construction has begun in Phase 3. The preliminary plat for the 140 lots in Phases 2, 4, and 5 was reviewed at the September 27, 2016 TRC meeting and granted conditional approval. On October 4, 2016 the Planning Commission heard the request. After a brief discussion relative to the detention pond requirements and the formation of the Homeowners Association (HOA) the Commission recommended conditional approval.

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Compliance with the Unified Development Ordinance Parks and Recreation Space - The Unified Development Ordinance (UDO) mandates that all residential developments are required to either make a public park and recreation space dedication or pay a fee in lieu of the dedication. The applicant is requesting that the City accept a dedication of open space for the Parks and Recreation requirement. It is at the discretion of City Council (UDO, Section 10-7.16D) as to whether to accept the dedication or require a fee in lieu of the parks and recreation dedication. Based upon the size of the development, the Ordinance will require a minimum of 1.26 acres of recreation space (based upon a mix of 3 and 4 bedroom units) for Phases 2, 4, & 5. The Heron’s Ridge preliminary plat shows that 3.45 acres of open space of which 1.38 acres is consumed by a stormwater retention pond. Due to the inclusion of the pond, staff calculates that only 2.07 acres of recreation space is provided. However, this offering does not meet the UDO’s standards for parks and recreation space. According to the UDO, no more than one-fourth of the site be shall unusable for typical recreation activities. The pond occupies approximately 40% of the open space lot. Therefore the 2.07 acres is insufficient to meet the regulation. Furthermore, staff has concerns regarding the City wanting to accept the maintenance responsibility of the stormwater retention pond.

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Since the open space is not considered usable due to the size and location of the detention pond, the inconspicuous and limited public access, being located at the back of a private subdivision, and not being adjacent to any public park areas the Parks & Recreation Department requests Council to decide that a fee be paid in lieu of park dedication. Based upon the 140 residential units the parks and recreation requirement for Phase 2, 4, & 5 is 1.26 acres. Based upon the assessed tax value the fee in lieu amount is $23,880. It is at the discretion of City Council as to whether the fee in lieu is acceptable, or if the public parks and recreation dedication will be required. Sidewalks – Sidewalks are proposed to be provided along both sides of Aydlett Drive and one side of all the remaining streets. Handicap ramps will be provided at all intersections. Lot Sizes and Dimensions –The property is zoned R-10 Residential with a minimum required lot size of 10,000 square feet. The proposed lots within Phases 2, 4, and 5 range from 10,000 square feet to approximately 21,000 square feet. The typical lot size is approximately 10,000 to 10,400 square feet and meets the minimum lot width and length requirements. The density for Heron’s Ridge is approximately three dwelling units per acre

Future Land Use Plan

The Joint Elizabeth City and Pasquotank County Land Use Plan (LUP) has the site classified as Medium/High Density Residential. This classification is intended to delineate lands where the predominant land use is higher-density single-family residential developments and/or multifamily developments. The Medium/High Density classification is planned for a density of four to seven single family homes per acre with 12 up to 25 units per acre for multi-family developments. Over the long-term, the Medium/High Density Residential–classified areas are projected to develop at an average density of approximately six dwelling units per acre. The proposed density of Heron’s Ridge is approximately three dwelling units per acre which is similar to the surrounding neighborhood. The City’s goals and policies support the use of land in Medium/High Density classified areas for single-family and multifamily dwellings where adequate public utilities and streets are available that can support the densities or can be upgraded to support the higher residential densities. The development conforms to these goals and policies.

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TECHNICAL CONSIDERATIONS

Transportation: Access to the site is via River Road which runs along the eastern border of the site. The Pasquotank County-Elizabeth City Comprehensive Transport-ation Plan (CTP) designates River Road as a minor thoroughfare designed to collect traffic from local access streets and carry it to major thoroughfares. Streets: Similar to the streets within the existing Phases 1 and 3, the developer intends to dedicate the streets to the City of Elizabeth City. Interconnectivity to the subdivision will be provided at the northern boundary of this development to the existing Edgewood subdivision, via Aydlett Drive, to the existing Hopkins Drive and Aydlett Circle (see location A on the plan below). Ensenada Drive will provide street connectivity for future development to the north (see location B on the plan below). These connections to existing streets and neighborhoods are important for public safety and convenience.

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During the Technical Review, concern was raised by both Public Works and the Fire Department regarding the 23 foot road width of Alameda Ct, Palmetto Ct, Verde Ct, and Bonita Ct. To ensure the ease of access for vehicles similar to fire trucks and garbage trucks it was requested that the pavement width on these roadways be increased to 26 feet. The applicant’s representative clarified that there will be a two foot rolled curb on each side of the street. With this explanation Public Works approved the use of the 23 feet road widths. It was later agreed upon with the Fire Department that the posting of No Parking signs along one side of the street would provide adequate access on the cul-de-sac streets. Drainage: The NC Dept. of Environment and Natural Resources has approved an Erosion and Sedimentation Control Plan for the project. During the construction phase of the project, the adjacent property owner, Reserve at Heron’s Ridge LLC, has granted Heron’s Development LLC

permission to perform land disturbing activities on their property as is necessary to install drainage improvements. The permission will terminate once the construction has been completed (see attached letter). An amended stormwater permit reflecting the change in ownership was approved on March 20, 2018. Drainage will be accommodated via swales, stormwater piping, and retention ponds. Pond #2 is located within Common Area #2 and will have direct access from Aydlett Drive for maintenance. Forebay “A” for Pond #3 is located within the rear building setback for the proposed Lots 194 to 207. To ensure that Forebay “A” has adequate access for maintenance a drainage an access easement will be dedicated from Aydlett Drive between existing Lots 159/160 and proposed Lot 199. The HOA will be responsible for the maintenance of all drainage facilities. Schools: It is anticipated that the proposed development will generate approximately 1.7 school-aged children per household for a total of 238 school-aged children from the proposed 245 homes. A representative from the Pasquotank County-Elizabeth City School System was present at the 2016 TRC meeting and expressed no concern with the proposal. Floodplain: The subject property is located outside of the 100-year flood zone.

A

B

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Utilities: Water, sewer and electrical services will be provided by the City of Elizabeth City. The permit for the waterline extension will expire in November 2018. A pump station was installed with the earlier phases of Heron’s Ridge and was dedicated to the Homeowners Association in February 2017. Fire: The Fire Department had expressed concern with the proposed placement of fire hydrants throughout the subdivision, with the majority being placed in cul-de-sacs. The Fire Department worked with the applicant to relocate some of the hydrants to more optimal locations.

PLANNING COMMISSION

On October 4, 2016, the Planning Commission heard this case and recommended conditional approval based upon staff recommendations at the time.

RECOMMENDATION

Staff recommends APPROVAL with the following conditions:

Prior to the City Council’s hearing:

a. All outstanding issues and concerns expressed by the Technical Review

Committee must be satisfied.

Prior to final plat approval:

a. Pond 3, Tax Map P123C Parcel 247, shall be annexed into the City Limits;

b. A copy of the supplemental property/homeowners conditions, covenants

and restrictions shall be submitted for review and approval by the City

Attorney. This document shall clearly state the HOA maintenance

responsibilities for the drainage facilities, including the ponds; and

c. A fee in the amount of $23,880 shall be paid into the City’s Park and

Recreation fund.

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MINUTES CITY OF ELIZABETH CITY TECHNICAL REVIEW COMMITTEE Tuesday, September 27, 2016 10:00 AM MEMBERS PRESENT Chief Eddie Buffalo, Police Department June Brooks, Planning Department Karl Clow, Electric Department Cheryl Eggar, Planning Department Paul Fredette, Public Works Steve Lassiter, EC-Pasquotank Public Schools Tobi McPherson, E911 Stanley Ward, Inspections Department Bobbi White, Parks and Recreation Department Ms. Brooks called the meeting to order. The item on the agenda was ORIGINAL CASE NO.: SP 05-05, submitted by Eastern Carolina Engineering, P.C. for 47.85 acres in for Heron’s Ridge Subdivision Phases 2, 4, and 5. The subdivision is located off of River Road and currently zoned R-10 (residential). Ms. Kim Hamby came forward as representative for this project. Ms. Hamby stated that this is Heron's Ridge Phases 2, 4 and 5. Heron's Ridge is a 245 lot subdivision that was originally designed in 2004 and completely approved in 2005. Phases 1 and 3 were built in 206/2007. Everything was wrapped up in 2008. The developer of this took a hit due to the economy situation at that time. The new developer has purchased it and intends to build it out as previously designed. Ms. Hamby stated that they have not really made any changes to the plans because it was a previously approved City plan. There were two adjustments that they were required to make. One was to the water line. That was due to State standards that have changed since this project was approved. While they don't have to have a new permit, they do have to request an extension. They were asked to increase the separation between storm drains and the water line. They are now being treated as if they were sewer lines; whether it is sanitary or storm sewer. They had to increase the separation from the original 12 inches to 18 inches. The sewer permit is still current, stormwater permit is still

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current, and the erosion control is not. Due to the changes in the requirements for erosion control around 2008 they have had to show increased erosion control measures above what was previously designed. Ms. Hamby stated that other than that they have not made any changes to the plans. Ms. Hamby stated that she has received full comments from Ms. Eggar and she does not see any issues. Most of it is just notation and a few things that need to be clarified for Ms. Eggar [Planning Department]. Ms. Hamby stated that she did meet with Chris Carver from the Fire Department yesterday. He had some concerns with hydrant placement. She stated that this has come with change of staff with the City. She stated that she believed Columbus Grant oversaw this project when it was submitted. At that time they wanted hydrants for blow-off. There were hydrants at the end of every cul-de-sac. The fire department accepted it at that point. Mr. Carver has come back and said that this is not a practical location for fire hydrants. The hydrants are almost impossible to get to in order to fight a fire on that street. She stated that they discussed rearranging the fire hydrants and told Mr. Carver that she did not see a problem with that. It does not have an impact to the water permit and it doesn't have an impact to the overall design. Ms. Hamby stated that open space was dedicated with phase 1. There will be additional open space and she believes it is in access of what is required. It will be dedicated with phase 2 and it is a part of the area around pond number two, which has already been constructed. The sewer infrastructure was put in with phases 1 and 3. Water and sewer will be continuing from where they left off in the previous phases. Ms. Hamby stated that one issue has come up in City comments. It came from Chris Carver, Fire Department and it is one that would be an issue for their client for a variety of reasons. That is a change in the road width. From a fire safety situation the standards that were in place at that time required 23 feet pavement on a small residential road which is what they used on the cul-de-sacs. She stated that it can tend to get blocked up with cars parking on the road. She stated that she has done some looking into other standards. Right now it is not real clear. She stated that the UDO references DOT standards for streets. Which for a minor collect such as a cul-de-sac it only requires 22 feet of pavement. Public facility's manual is a single road section per 5 foot right-of-way. That does slightly exceed what is shown right now, but it doesn't meet

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what is shown in the street length. It is less than that. She stated that one of her concerns from a permit standpoint is that the ponds are already constructed and they were designed based on a specific coverage for this property that included specific coverage for sidewalks and roads. She stated that if they start changing roads it will certainly impact those features already in place. She stated that she would like consideration for that. Mr. McPherson asked about the street lights. Ms. Hamby stated that it was not included in the design. If they have been installed it was something the City installed. Mr. Clow asked for a start date; a final CAD drawing will be required to be e-mailed to Progressive Engineering Inc. lloyd@pecinc.net and kclow@cityofec.com; need contractor to contact them when they start cutting roads; don't plant around secondary pedestals and transformers. Mr. Lassiter asked how many kids this may possibly generate. Ms. Hamby stated she doesn't know. They would have to look at what the City's per household average is. They are proposing an additional 140 lots at this time. She stated that she has not checked the numbers. It has been a very long time since they have been asked to verify the numbers. Mr. Fredette stated that he struggles with this plan. (Inaudible). He stated that he would start with the issue Ms. Hamby mentioned: the road way. He stated that the road width has been 26 feet since 2010. He stated that Ms. Hamby's argument of the coverage (inaudible). Ms. Hamby stated that anything that they do that is outside of what was originally approved for the stormwater when it comes to impervious coverage will require a modification to the stormwater permit. She stated that is what it is. They will either need to change the allowable coverage for the additional lot. It is something that will have to be looked into because it is a change from the previously approved plan. Mr. Fredette asked how many square feet change will it be. Ms. Hamby stated she did not know it depends on what the City requires. Ms. Hamby stated that she does know that the owner is not expecting to have to change anything like this. Mr. Fredette mentioned street signs being needed and wheelchair ramps. Ms. Hamby stated that Ms. Eggar had mentioned the wheelchair ramps. They will be installed at every intersection.

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Mr. Fredette stated that there are three sheets in the plans: 303, 304 and 305, that appear to show only drainage. Ms. Hamby stated that they are erosion control and the sheet title got messed up. Mr. Fredette stated that Ms. Hamby had talked about hydrant placement. He stated that there are two issues. He stated that he thinks she skipped over one of them. He stated that they were going to use the hydrants as blowouts. What are they going to use now. Ms. Hamby stated that she doesn't know. She hasn't had a chance to talk with Mr. Fredette and Mr. Horvath yet about it. She stated that this just came up yesterday afternoon and she has not had a chance to see what they have for a blow off. Mr. Fredette stated that there are two options and they have to be included in the plans so the contractor knows that he is supposed to do it. One is a buried box (inaudible). Ms. Hamby stated that if that is what they want fine, but she stated that other water systems have complained about the post hydrants. They are very easily run over. She stated that they typically use an in ground blow off. That will get added to the plans. Mr. Fredette stated on the plans in note seven she had called out copper tubing. Ms. Hamby stated now they are using all PVC. She stated that they had updated the separation notes. That was left overs. (Inaudible) Chief Buffalo had no comment. Ms. White stated Ms. Eggar had brought to her attention that with the first two phases the recreation development fee was paid instead of dedicating opening space. She asked if they plan to do that this time. Ms. Hamby stated she doesn't think so because they actually have land dedicated as open space in phase 1 and phase 3. In phase 2 it is going to be a substantially larger area. The area shown as pond two; half of that area is occupied by the pond and the rest is wide open green space. Ms. White stated that she would say that when Old Oak had a retention pond that they wanted the City to take over the maintenance, the City did not do that. She stated that if the pond is part of that dedicated space, then the City is not going to want that dedicated space because of the maintenance. Ms. Hamby stated that there is a good portion of the area that does not have the pond in it. There is an easement line that separates (Ms. Hamby came forward and point it out to Ms. White.) She stated that all of this is outside the easement and it has a physical

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access of the road. They have to maintain the pond. She stated that it is all inside the easement. Ms. White stated that it is really limited for everybody else coming to use the space. It would benefit the recreation department to have the Recreation Development Fee so they could develop a big park where there would be more recreation space for everyone not just that community. Ms. Hamby stated that she had not been told. The other phases showed open space. (Inaudible). Ms. Hamby stated that Ms. Eggar had already calculated the fee and she will let the owner know. Mr. Ward asked what the maximum dead-end space for a street. It was stated 500 feet. Mr. Ward then asked if the ponds were required to have the pumps and aerators, etc. Ms. Brooks stated that she knows Mr. Olson has taken the stance that they are to be aerated; however, she did not believe that the UDO states this as a requirement. Ms. Hamby stated that she believes that they have installed pumps in the existing ponds. She stated that they can put one in, but it is very limited in size by State regulations. Ms. Eggar stated that regarding the recreational fees; the fees were paid with Phases 1 and 3. She did not recall how much was paid. She stated that most of her comments had been covered. She asked for them to note the right-of-way as public or private and to show the easements on the grading plans. Ms. Brooks stated that it was brought up today that a portion of this has not been annexed into the City. She stated that she believes it is the pond. Ms. Eggar stated that she had come across a plat that was recorded. They amended the annotation plat. They added the pond and it appears it was never approved by the City. Ms. Hamby stated that she was under the impression that Mr. Hyman had handled that years ago. She stated that she would let him know. According to the City Clerk, the big pond has not been annexed. Mr. Fredette stated that regarding the easements of the ponds, who is responsible for maintaining it is. Ms. Hamby stated that the property owner's association. One of the notes Ms. Eggar is having her add is that all open space and drainage is their responsibility. She stated that it is certainly clear in the fact that they have a stormwater permit that they have signed the operation and maintenance agreement accepting

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that it is their responsibility. Mr. Fredette stated that it does not have very good access. Mr. Fredette stated that an access road is needed. With no further comment, Ms. Brooks called for a motion. Mr. Clow made a motion to APPROVE SP-05-05 with all comments incorporated. Chief Buffalo seconded the motion. ALL WERE IN FAVOR. NONE OPPOSED. MOTION PASSED. No minutes were presented for approval. Mr. Ward asked if ponds were required to be fenced. Ms. Brooks stated that the Public Works Director can request them but it is not mandatory. Ms. Hamby stated that they have had developers whose insurance companies tell them they have to fence the ponds. The State really doesn't like to see them fenced. They end up being "trash holder" in general. From a safety standpoint for children it has been argued a lot of different ways. One of the reasons the State has gone to the flat shelf as wide as it is has been to not have a drop-off right at the edge of the water. There being no further business, meeting was adjourned. Respectfully Submitted by: Dawn Harris, Secretary *Minutes APPROVED at the October 25, 2016 TRC meeting.

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CITY OF ELIZABETH CITY PLANNING COMMISSION REGULAR MEETING Tuesday, October 4, 2016 4:00 PM MEMBERS PRESENT Ernest Sutton, Chairman Sonny DiGirolamo Carlton O’Neal Gary White Don Witosky Also present were Kaitlen Alcock, Planner; Dawn Harris, Secretary to the Board; and applicant. Chairman Sutton called the meeting to order and stated that there was a quorum. Chairman Sutton asked for a motion to approve the agenda as presented for tonight’s meeting. Mr. White made a motion to APPROVE the agenda as written for the October 4, 2016 meeting. Mr. Witosky seconded the motion. ALL IN FAVOR: SUTTON, DIGIROLAMO, O’NEAL, WHITE, AND WITOSKY. NONE OPPOSED. MOTION PASSED. Chairman Sutton asked for a motion to approve the minutes from the June 7, 2016 Meeting. Mr. DiGirolamo made a motion to APPROVE the minutes as read from the June 7, 2016 Planning Commission meeting. Mr. O'Neal seconded the motion. ALL IN FAVOR: SUTTON, DIGIROLAMO, O’NEAL, WHITE AND WITOSKY. NONE OPPOSED. MOTION PASSED. Chairman Sutton asked for Ms. Harris to read the Statement of Disclosure as follows. Elizabeth City Code of Ethics provides that public officials and employees be independent, impartial and responsible to the public; that governmental decisions and policy be made in proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals and in keeping with the ethical standards of conduct for city public officials and its employees, disclosure of interest in legislative action must be stated for the public record, as per City of Elizabeth City Code of Ordinances Section 2-113. Any member of the Planning Commission who has an interest, as defined in Section 2-111 of the City of Elizabeth City Code of Ordinances, in any official act or action before the Commission shall publicly disclose on the record of the Commission the nature and extent of such interest, and shall withdraw from any consideration of the matter if excused by the Commission pursuant to G.S. 160A-75. There was one item on the agenda: ORIGINAL CASE NO.: SP 05-05, submitted by Eastern Carolina Engineering, P.C. for 47.85 acres in Heron’s Ridge Subdivision Phases 2, 4, and 5. The subdivision is located off of River Road and currently zoned

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R-10 (residential). Chairman Sutton asked for the representative to come forward. Ms. Kim Hamby from Eastern Carolina Engineering came forward. Ms. Hamby stated that Heron's Ridge is an existing subdivision that is located across the street from River Road Middle School on River Road. This is a development that was originally designed and approved in 2004/2005. Phases 1 and 3 were built in 2006/2007 and then the real estate bubble burst. The property went into foreclosure. It was bank owned for some time. Sam Miller has purchased the remaining property and intends to complete the development that was already started. Ms. Hamby stated that there has been a 105 lots recorded already in the first two phases. There are 140 lots left and the owner plans to develop them in three phases. Water and sewer infrastructure was installed when the first two phases were developed including a pump station. At this time the stormwater permits are current; the sewer permits are current; they are required to obtain a new erosion control permit. There are a couple of reasons for the new erosion control permit. One is that the rules changed in 2008 and they are a little more restrictive now. The second is because the erosion control permit is a financially linked permit that they want to issue to whoever is building it now. The waterline permit is still valid; however an extension request had to be made of the original authorization to construct. That permit is held in the City's name. It will be City infrastructure. Ms. Hamby stated that is the one place where they are making some minor changes. The subdivision is intended to be built as originally designed as far as the roadway out, the drainage, stormwater ponds were already installed; however, there have been a few minor changes in the rules for public water supply that is requiring that they deepen some sections of water lines under the storm sewer for protection of the water lines. Ms. Hamby stated that they are also making a change that is not required by the State. She stated that she had met with the fire department and they are requesting that some of the hydrant locations be moved to better suit their needs. She has worked that out with Chris Carver of the EC Fire Department. She stated that they have decided that they are going to shift a few of the locations. Ms. Hamby stated that other than what has been stated there are no other changes planned. They are seeking approval so the owner can continue with the construction. Mr. DiGirolamo asked if Ms. Hamby had met with the fire department. Ms. Hamby stated yes, she had met with Chris Carver the day before the Technical Review Committee meeting. He wasn't able to be at TRC so they met before. They agreed on some locations and marked them on the plans. Ms. Hamby stated that they are in the process of updating the plans. Mr. DiGirolamo asked if it had to be approved by the fire department. Ms. Hamby stated that the location has been approved she just hasn't resubmitted to get the final blessing. Chairman Sutton asked for Planning Staff's report. Ms. Alcock gave the following overview. STAFF REPORT

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The case today is a preliminary plat approval for the remaining three phases of Heron’s Ridge subdivision, consisting of 140 single family lots, located on approximately 48 acres. The site is zoned R-10 Residential with lot sizes ranging from 10,000 square feet to approximately 21,000 square feet, with an average lot size of about 11,500 square feet. The initial sketch plan for the development included 245 single-family lots located on 98 acres to be built in 5 phases. The sketch plan was heard and approved by the Technical Review Committee in November 2004. Final plats have since been approved for Phases 1 and 3. To date, Phase 1 of the development is almost entirely built out while only a couple houses have been built in Phase 3. Access to the subdivision is via Aydlett Drive which intersects River Road directly across from River Road Middle School. Once the development is complete, Aydlett Drive will provide connectivity to Edgewood subdivision to the northwest. Water, sewer, and electric will be provided by the City. A pump station was installed with the initial phases. The Preliminary Plat for phases 2, 4, and 5 was heard by the Technical Review Committee at their September meeting. During the meeting concern was raised by both Public Works and the Fire Department regarding the 23 foot road width of Alameda Ct, Palmetto Ct, Verde Ct, and Bonita Ct. After further clarification from the applicant’s representative, Public Works has okayed the 23’ widths due to the 2 foot roll curb on each side; however, Fire still has concerns with accessibility, particularly with the longer Palmetto Ct and Bonita Ct, and would like to see the pavement width widened to 26 foot. Further concern was expressed by the Fire Department regarding location of the fire hydrants and their desire to have them relocated. The applicant is ok with the proposed relocations. Another issue raised during TRC was that of open space. The applicant intends to have 70 3-bedroom units and 70 4-bedroom units, which would require 1.26 acres of dedicated open space per the UDO. According to the Ordinance, no more than one-fourth of the open space shall consist of floodplains, wetlands, or any area the topography of which renders it substantially unusable for typical recreational activities. Thus of the 3.45 acres dedicated on the plan, the 1.38 acre detention pond could not be counted, leaving just over 2 acres of open space. Parks and Recreation is concerned with the accessibility and usability of the open space as presented and as such would like to see payment in lieu of dedication. Ultimately, the final decision whether or not to accept the open space is at the sole discretion of the City Council. A final issue discussed at TRC involved Pond 3, which was included in the initial phases of development, but never annexed into the City Limits. As such, it must be annexed prior to final plat approval. Ultimately, Staff recommends APPROVAL of the plat with the following conditions: Prior to being heard by City Council:

• All issues expressed by the Technical Review Committee, including the road widths, must be satisfied;

• The Erosion and Sediment Control Permit must be updated and submitted to the Planning Department; and

• The Waterline Extension Permit must be submitted to the Planning Department.

Prior to Final Plat Approval:

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• All applicable fees must be paid to the City of Elizabeth City; • Pond 3 must be annexed into the City Limits; and • A recombination plat showing vacated property lines must be reviewed and

approved by the City prior to recordation with the Register of Deeds. This concluded the Staff Report. Chairman Sutton asked for questions from the Commission. Mr. DiGirolamo stated that he had questions relative to the detention/retention ponds. He asked with some of the new additions and the three phases that will be built if there had been accommodations made and when this project first started the retention pond requirements were different than they are now. Ms. Hamby stated that the requirements have changed; however, stormwater permits once a certain amount of the development has been constructed as long as the permits are renewed periodically, they do not expire and this site is grandfathered. She stated that all five phases were taken into consideration during the original design of the stormwater ponds. Mr. DiGirolamo stated that he saw noted that there is a HOA in place. He asked if it was in place in phases 1 and 3. Ms. Hamby stated yes it is already in place. She stated that it is active but still operated by the owner because of the percentage of lots that need to be built out, but there is an HOA and they do maintain the ponds. Mr. DiGirolamo asked if the HOA would encompass these three new phases. Ms. Hamby stated yes. Chairman Sutton clarified that the HOA is the Home Owners Association. Mr. Witosky asked with the three phases will they complete one phase before moving on to the next phase. Ms. Hamby stated that it is the current plan. Mr. DiGirolamo stated that there are still lots in phase 1 and 3. Ms. Hamby stated that the owner has actually been building some homes in phase 3. Mr. Witosky asked when they would go from Aydlett Drive to Crescent and then go into Hopkins Drive. Ms. Hamby stated that it would probably be done with the final phase. Mr. Witosky asked if now there is only one entrance into the entire subdivision. Ms. Hamby stated that is correct. Chairman Sutton asked if Mr. Miller had done work here in Elizabeth City/Pasquotank County before. Ms. Hamby stated he has actually done quite a bit of work in Currituck, but she is not aware of any work here. With there being no further questions, Chairman Sutton asked for a motion. Mr. Witosky made a motion to APPROVE SP-05-05 for Heron's Ridge Subdivision Phases 2, 4 and 5 with the recommendations from Staff. Mr. White seconded the motion. ALL IN FAVOR: SUTTON, DIGIROLAMO, O’NEAL, WHITE AND WITOSKY. NONE OPPOSED. MOTION PASSED. Ms. Alcock stated that the Commission will have a meeting in November. The Commission will be hearing a text amendment for microbreweries/pubs. Mr.

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Witosky asked if Staff was getting information from other municipalities. Ms. Alcock stated yes, she has quite a large folder. Chairman Sutton asked the Commission if it would be helpful for the Commission to get an FYI when there are things "in the hopper." Mr. White stated it would help so they could do research. The City Manager's FYI was mentioned. It is accessible on the City's website. There was discussion regarding food sales or not. Ms. Alcock stated some of the regulations in that if an establishment serves liquor than their food sales has to be a certain percentage. Mr. DiGirolamo ask about the supermarket that was coming in the Tanglewood area. Ms. Alcock stated that the applicant had changed the design of the building without approval and it does not meet the Halstead Overlay requirements. Staff is working with them to get this corrected so the project can move forward. With no further business, Mr. White made a motion to adjourn. Mr. DiGirolamo seconded the motion. All were in favor. Motion passed and meeting was adjourned. Respectfully submitted by, Dawn Harris, Secretary to the Board *Minutes were APPROVED at the November 1, 2016 Planning Commission Meeting.