VILLAGE OF WESLEY CHAPEL PLANNING BOARD REGULAR MEETING MINUTES 6490 Weddington Road, Wesley Chapel, NC 28104 Monday, January 22, 2024-7p pm  Y5  Planning Board Members Present: Chair Michael Kenary, Vice-Chair Adam Peter, ASM Jonathan Alef,  Sandra Burke, William Reule, Jr., Richard Stephens, Alternates Karen Izzo Planning Board Members Absent: Richard Stephens and Alternate Sherry Killion Staff: Planner' Vagn Hansen; Finance Officer/Clerk Kathy Queen, and Planner Emily Hines  1. Pledge, Invocation and Determination of Quorum Pledge of Allegiance and gave thei invocation.  Chair Kenary called the meeting to order at 7:01 pm. A quorum was present. Vice-Chair Peter led the  2. Public Comments None  3. Additions/Deletions to Agenda 4. Adoption of Agenda  Vice-Chair Peter asked to re-order items under #7 New Business. Chair Kenary called for a motion to adopt the agenda.  MOTION and second were made by Vice-Chair Peter and Ms. Burke to adopt the meeting agenda and the  Motion passed unanimously. 5.9 Council Member In  Council Member Bailey provided an update tot the Board. She noted the following: 7,2024. The event will be held at the Buzz in Wesley Chapel.  Board members were reminded to RSVP to the Volunteer Appreciation Luncheon scheduled for March Att the last meeting, Council Member Bledsoe informed the Council she has signed up for the County Tree Committee, TreesUnion, that will be working with Keith O'Herrin, Union County Forrester. TreesUnion will be working to direct actions for tree planting and enhancing education and tree / An article was published ini the January 19, 2024, issue of the Enquirer. Journal regarding the County approving five recommendations from the County's Planning Board in dealing with stormwater issues. The Potter & Potter Roundabout has been scheduled to begin construction in. July 2024. Construction Project Oversight Committee, a subcommittee of the Technical Coordinating Committee (TCC), has included the Cuthbertson/New Town Roundabout int their recommendations for CRTPO's discretionary funds. The TCC will make formal recommendations to the CRTPO Board on February 1, and CRTPO Board will make final approvals on February 21. The project cost is estimated to be $4.5M. Planner  awareness throughout the County.  will overlap thel beginning of the school year.  PBI Minutes-01/22/24  Page 1    Hanson added the 30% match costs of approximately $1.3M will be shared between the Village and Chair Kenaryaddedi takes approximately 60-90 days to completearoundabout. He also welcomed Planner Planner Hanson introduced Emily Hines as she has returned to work with Benchmark as a Planner. She  the County. The Village has committed $300K toi this project.  Emily Hines to the meeting.  willl be working with the Village of Wesley Chapel account. 6. Approve Planning Board Minutes from September 25, 2023  MOTIONS and second were made by Vice-Chair Peter and Mr Alef to approve the November 27, 2023  Planning Board Regular meeting minutes and the Motion passed unanimously.  7.5 Business Items  Planner Hanson informed Council that two applications have been submitted requesting Subdivision Modifications. He stated these two cases relate to the Subdivision Ordinance recently amended the Council this past October. While there mayl be other requests for modifications to the Vilage'sSubdivision by Ordinance, these two cases have reasonable arguments that should be heard and decided upon by the Council. The Planning Board's role ist to hear the case and to make recommendations toi the Council after reviewing the five findings of facts and finding that the requested modifications meet the expectations  outlined in those facts.  a.S Subdivision Modification Request for 616 Chambwood Road  Planner Hanson informed Council that a request has been made to divide Parcel #06027004, located at 616 Chambwood Road, and owned byt the Hasty family. The request to divide the property does not meet the subdivision ordinance and, therefore, a hearing must be held. He explained that variances may be Jack Hasty, owner, explained that in 1996, he purchased two adjacent lots in Wesley Chapel, both which are deepa and narrow. Hel lives on one parcel, and the second parcel onlyh has one structure, a barn. Initially, he purchased the property sO that it could be divided into sections for each of his three sons; They begin the process of dividing the property in 2022. In this effort, a survey was completed, soil tests were conducted, and house plans were drawn. Ity was then they reached out to the Village and learned the laws had changed. Currently, the request is to divide the second parcel (Parcel #06027004) into two lots, positioning one behind the other. Mr. Hasty's son had planned to build al home for his family on the rear lot. Once divided, the rear lot will be approximately 1.5 acres and will share the driveway with the front lot. In addition, Mr. Hasty informed Council that he intends to combine his parcel with the larger front Planner Hanson added thei intent oft the amendment to the ordinance was to avoid multiple driveways and affirmed the property will only have one driveway. He noted the property behind Parcel 06027004 has horses. The road to be used as a driveway on the right side oft the property has ar right-of-way. Inn response to Vice-Chair Peter, Planner Hansen instructed the Board to express any concerns about the five findings of fact or to establish conditions in which they would be comfortable in recommending approval to the Council fori this request. He reminded the Board of thei issues: 1) requirement for minimum of three acres; 2) requirement for having 300ft. of road front. The 3001 ft. road front was havinga not an  given where hardships exist.  parcel should division be approved.  issue as the property width is only 180ft.  PBI Minutes-01/22/24  Page 2    Mr. Alef suggested the Board review the Findings of Facts; the Board agreed. They found thet following: Findinga)Thatt there are: special circumstances or conditions affecting said propertys such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of Council Members were in agreement that to deny the request would deprive the applicant of reasonable use ofl his land. Ms. Burke expressed concerns abouts setting a precedent; Planner Hansen stated he doesn't think there will be many situations similar to this one because this situation has more to do with the characteristics of the property and will therefore not set a precedent. He noted the law allows for Finding b) That the modification is necessary for the preservation and enjoyment of a substantial  hisl land,  reasonable acceptance ofv variances through due process.  property right oft the petitioner, Council Members found no issues.  Finding c) That the circumstances giving rise toi the need for the modification are peculiar to the parcel and are not generally characteristic of other parcels in the jurisdiction of this Ordinance, Council  Members found no issues.  Finding d) That the granting oft the modification will not be detrimental tot the publicl health, safetyand welfare ori injurious to other propertyi int the territoryi in which said property is situated, and Council  Members found no issues.  Finding e) That the modification will not vary the provisions of the Village of Wesley Chapel Zoning Vice-Chair Peter stated the characteristics of the land make this request unique and create a special condition. He noted iti is not al large property being divided, and the rules should not be so rigid. He stated the reasons there are rules are to make the Village better. In any event, the decision will be up to the Council. Mr. Alef asked if the property would be rendered useless if divided; Planner Hansen said it would not. Vice Chair Peter stated het thinks this rule prevents enjoyment oft the property byt thei family. He added MOTION and second were made by Ms. Burke and Mr. Reule that the Planning Board recommend to the Village Council that the request by the petitioner to divide Parcel #06027004 be granted based on thej fact the application does not violate the spirit of the amended Subdivision Ordinance and was unanimously  Ordinance applicable toi the property. Council Members found no issues.  that the original intent was to avoid multiple driveways along a stretch of road.  approved.  b.S Subdivision Modification Request for 5413 Hudson Road  Planner Hanson informed the Council that an application was received requesting to divide Parcel #06027004, located at 5413 Hudson Road, into three parcels. The applicants have contracted to purchase the property, contingent on the Council's approval. The family plans to build homes for the parents and each of their children on the newly divided lots. Planner Hansen stated the request does not meet the subdivision ordinance and, therefore, a hearing must be held. As said previously, variances may be given  PBI Minutes-01/22/24  Page 3    where hardships exist. Planner Hansen also noted this propertyi is located at the end of Hudson Road, and there is little possibility of it being extended. He also commented that it will be difficult to obtain water and seweri for these properties, once divided, as the lines will need to cross a NCDOT roadway. Council agreed there are no issues with the 3001 ft. wide requirement as the property is 300f ft. wide. The driveway was not an issue as an easement exists. Vice-Chair Peter stated the Village created rules to prevent one problem and created other problems. Chair Kenary noted the difference is that in one situation, the owners purchased the land with the intent to divide it for their family. This one is different Planner Hansen stated thati ift the lots were three acres, then it would be approved. However, the problem is developing lots behind lots, a circumstance the Village Council is trying to avoid. In addition, dividing lots less than three acres increases impervious land, and when developing smaller subdivisions, there are Vice-Chair Peter noted this request has different characteristics than the earlier request. He stated the vision of the 2050 Comprehensive Plani is to 1) stop stacking and 2) reduce the number of driveways ona stretch of roadway. He also commented that it could be argued that approval of this request could be MOTION and second were made by Mr Alef and Ms. Burke to recommend to the Village Council not to approve ther modification ofthe property as ther requesti isn notinl line with the stated goals oft the Subdivision  because iti is not being requested by the owner but by al buyer for their family.  no amenities and they do not meet the requirements fora a typical subdivision.  detrimental to adjacent properties.  Ordinance and was unanimously approved. 8.Street Tree Standard - Amendment  Planner Hansen discussed issues with larger species of trees being planted in NCDOT's maintained rights- of-way. Staff are requesting amendments to the Subdivision and Zoning Ordinances, Section 155.075(G)3)(c) and Section 156.126()(2) respectively. These recommended amendments would in part limit tree species to smaller varieties. The NCDOT Roadside Environmental Unit has provided a list of species as acceptable for planting within street rights-of-way that are maintained by NCDOT. And, from  that list, the Union County Urban Forrester has recommended the following:  Single-trunk Crepe Myrtle Okame cherry Redbud Fringetree Yaupon holly  Staff are also requesting these ordinances be amended to allow a minimum caliper at the time of installation be reduced to 1.25" due tol limited availability at local tree nurseries and to remove the words "oro canopy" from "Row of ornamental ercanepy trees;" within the Subdivision and Zoning Ordinances. Mr Alef suggested adding a sixth option which would approve any tree species as approved by the Union MOTION and: second were made by Mr Alefo and Mr Reule to recommend accepting changes to the both the. Subdivision and Zoning Ordinances, Section 155.075/G/(3)lc) and Section 156.126(1)(2) respectively as presented with the following additions: 1) allowable trees: a) Single-trunk Crepe Myrtle, b) Okame Cherry,  County Forrester; The Board was in agreement.  PB Minutes-01/22/24  Page 4    c) Redbud, d) Fringetree, e) Yaupon Holly, f) and/orc any other tree as would be approved byt the Urban Tree Forrester and! NCDOT, 2) change the required caliper at the time ofi installation to 1.25', and 3) remove the words "or canopy" from "Row ofornamental or canopy trees;" and was unanimously approved.  9.Adjourn  MOTIONO ands second were made respectively by Mr Alefand Mr. Ruele to adjourn the meeting at 8:56 pm  and the Motion-passed. unanimously. Mky  Michael Kenary, Attest Kathy Queen  Finance Officer & Village Clerk  PB Minutes-01/22/24  Page 5