Agenda Packet December 3 2018PERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA
304 South Morgan Street, Room 215
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
December 3, 2018
6:30pm Organizational Meeting
CALL TO ORDER………………………………………………. Chairman Kendrick
INVOCATION
PLEDGE OF ALLEGIANCE
ITEM #1
APPROVAL OF MINUTES OF NOVEMBER 19, 2018 ……… Chairman Kendrick
RECOGNITION OF TRACEY L. KENDRICK …………….. Vice Chairman Powell
PRESIDING OVER BOARD ...……………………… County Attorney, Ron Aycock
SWEARING-IN CEREMONY …………………. The Honorable Deborah L. Barker
Commissioners Elect
David Newell, Sr.
Kyle W. Puryear
Soil & Water Conservation District Supervisors
Cal Berryhill
Russell G. Horton
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ORGANIZATION OF BOARD
Election of Chairman ...……………………… County Attorney, Ron Aycock
Election of Vice-Chairman ………………….. County Attorney, Ron Aycock
ITEM #2
APPROVAL OF BONDS …………………………….. County Attorney, Ron Aycock
The Finance Director, The Register of Deeds, The Sheriff, and The Tax Administrator
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Recess until 7:00 pm or a brief recess if after 7:00 pm
7:00pm Regular Scheduled Meeting
CALL TO ORDER…………………………………………. Newly Elected Chairman
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
PUBLIC HEARING:
ITEM #3
Request to add six roadway names to the database of
Roadway Names used for E-911 dispatching for the
Proposed RV Park ………………………………………………………. Sallie Vaughn
ITEM #4
Consideration to Grant or Deny Request
to add six roadway names to the database of
Roadway Names used for E-911 dispatching for the
Proposed RV Park ………………………………………… Newly Elected Chairman
INFORMAL COMMENTS
The Person County Board of Commissioners established a 10 minute segment
which is open for informal comments and/or questions from citizens of this
county on issues, other than those issues for which a public hearing has been
scheduled. The time will be divided equally among those wishing to comment.
It is requested that any person who wishes to address the Board, register with
the Clerk to the Board prior to the meeting.
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ITEM #5
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A. Budget Amendment #11, and
B. Elections Equipment and Software Lease Amendment
NEW BUSINESS:
ITEM #6
SUB-02-18 Request by Randy Allen with Sunbelt Acquisitions,
LLC, for a subdivision concept plan for The Peninsula at Hyco
Lake, consisting of 162 lots on 437.72 acres located on SR 1314
Zion Level Church Road in the Residential Zoning District.
The Tax Map & Parcel ID numbers for the proposed subdivision
are A13-51, A14-147 and the third parcel does not have a Tax Map
and Parcel ID number assigned; however it is contained within
Deed Book 98 Pages 125, 135, 287 and 373 ………………………………. Lori Oakley
ITEM #7
VAR-01-18 - Request by Randy Allen with Sunbelt Acquisitions,
LLC, for a subdivision variation for the proposed subdivision The
Peninsula at Hyco Lake consisting of 162 lots on 437.72 acres located
on SR 1314 Zion Level Church Road in the Residential Zoning
District. The Tax Map & Parcel ID numbers for the proposed
subdivision are A13-51, A14-147 and the third parcel does not have a
Tax Map and Parcel ID number assigned; however it is contained within
Deed Book 98 Pages 125, 135, 287 and 373. The subdivision variation
request is to allow the proposed subdivision streets to be constructed as
private streets ……………………………………………………………... Lori Oakley
ITEM #8
Strategic Analysis for Economic Development ……………….. Commissioner Powell
ITEM #9
Uptown Development Report 2018 ……………………………………. Lynda Clayton
ITEM #10
A Resolution of Support to Dedicate a Section of Mt.
Harmony Church Road in Person County to
Commemorate the Service of World War I Veteran,
First Lieutenant George Hamilton Yarborough, Jr. …………. Commissioner Powell
ITEM #11
Board of Commissioners 2019 Schedule of Meetings …………………….. Heidi York
ITEM #12
Fiscal Year 2019-2020 Budget Calendar ………………………………….. Heidi York
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ITEM #13
Voting Delegate Designation for the NC Association of
County Commissioners Legislative Goals Conference ………………. Brenda Reaves
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
CLOSED SESSION #1
Closed Session per General Statute 143-318.11(a)(6) to consider the qualifications,
competence, performance, character, fitness, conditions of appointment, or
conditions of initial employment of an individual public officer or employee or
prospective public officer or employee (personnel) and General Statute 153A-92
compensation of personnel.
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
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November 19, 2018
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PERSON COUNTY BOARD OF COMMISSIONERS NOVEMBER 19, 2018
MEMBERS PRESENT OTHERS PRESENT
Tracey L. Kendrick Heidi York, County Manager
Gordon Powell C. Ronald Aycock, County Attorney
Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board
Kyle W. Puryear
B. Ray Jeffers
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, November 19, 2018 at 9:00am in the Person County Office
Building Auditorium.
Chairman Kendrick called the meeting to order. Vice Chairman Powell gave an
invocation and Commissioner Puryear led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
agenda.
RECOGNITION OF LOCAL GOVERNMENT DAY:
Chairman Kendrick welcomed the Person High School students enrolled in civics
and economics participating in Local Government Day to observe the Board of County
Commissioners in session. Chairman Kendrick, Vice Chairman Powell and
Commissioners Clayton, Jeffers and Puryear proceeded to introduce themselves and shared
general information about the office of a commissioner and general government. County
Manager, Heidi York, Assistant County Manager, Sybil Tate, Clerk to the Board, Brenda
Reaves, Tax Administrator, Russell Jones, Finance Director, Amy Wehrenberg, IT
Director, Chris Puryear, Emergency Management Director, Doug Young and Planning
Director, Lori Oakley also introduced themselves.
INFORMAL COMMENTS:
The following individual appeared before the Board to make informal comments:
Mr. David Forsythe, Executive Director of Person County Group Homes, Inc., a
non-profit provider for those in the county with disabilities located at 202 North Main
Street, Roxboro, requested the Board to consider a one-time contribution of $100,000 to
assist with the cost of their employees’ insurance costs. He stated as a result of the
Affordable Health Care for America, the insurance costs for their employees has increased
approximately $200,000.
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DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Vice Chairman Powell and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of October 22, 2018,
B. Budget Amendment #10,
C. Resolution Designation of Applicant’s Agent to file applications for federal
and/or state disaster assistance,
D. Person County Airport Renewal of Safety/Maintenance Agreement and
Resolution of Sponsor for 100% state funding,
E. Capital Project Budget Ordinance relating to Person County’s Community
Development Block Grant for the Polywood Building Reuse Project
F. Transitioning Person County’s Domain from .net to .gov, and
G. Tax Adjustments for November 2018
a. Tax Releases
b. NC Vehicle Tax System pending refunds
NEW BUSINESS:
FOUNDATION FORWARD, INC. PRESENTATION:
Commissioner Jeffers introduced Dr. David Streater, Director of Education of the
Charters of Freedom, Inc., a 501(c)(3) organization called Foundation Forward to share the
following information with the Board related to displaying the country’s founding
documents at a prominent location in Person County. His presentation follows:
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Dr. Streater stated their non-profit provided the construction of a brick display for
the country’s founding documents, however, for the difference in additional costs, the
county may upgrade the brick veneer to a limestone ($45,000) or a granite ($70,000). Dr.
Streater asked for the Board to consider gaining community support through civic
organizations and community partners to provide donations, discounted materials, and in-
kind contributions. He said the county may consider allowing its maintenance staff or
asking for volunteers in the construction efforts.
Also with each display construction, a time-capsule vault was included and he
would ask county officials and the community to write documents to be placed inside the
vault with instructions to be opened on Constitution Day, September 17, 2087.
Mr. Streater noted the construction site for the display would include three separate
displays; two would be six feet wide and the one in the middle would be approximately 30
ft. wide.
Commissioner Jeffers advocated for the Board to solicit support by the community
and said the three sites he had thought of were the Person County Veterans Park, the Person
County Courthouse and the Person County Museum of History.
A motion was made by Commissioner Jeffers and carried 5-0 to direct the County
Manager to start the process for a site selection for the displaying of the country’s founding
documents in Person County.
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RESOLUTION REQUESTING MAINTENANCE ABANDONMENT OF A
PORTION OF SECONDARY ROAD 1370 GLENNIE IRVINE ROAD:
Planning Director, Lori Oakley presented a Resolution Requesting Maintenance
Abandonment of a Portion of Secondary Road 1370 Glennie Irvine Road on behalf of the
applicants, Michael and Tanya Lunsford. Ms. Oakley stated the applicants are requesting
that NCDOT abandon the maintenance of approximately the last 400 feet of Glennie Irvine
Road. Ms. Oakley confirmed the applicants own the property on both sides of the road for
the last 400 feet and have stated that if the request was approved, they will install a gravel
area to allow vehicles to turn around and a gate with a break-away feature for emergency
vehicles. Mr. Lunsford provided the following statement for the reason why he made the
request:
I am requesting this change in order to install a gate on Glennie Irvin Road to
control access to the property. This property has basically been abandoned for the
past 4 years and folks have come and gone as they please and fished the existing
pond completely out. I have placed No Trespassing signs and they have had little if
any effect on the folks coming onto the land. I have made a large investment on the
structures and pond in order to enjoy the property with my family and I would like
to protect that investment.
NCDOT has informed the applicant that he must include a resolution from the
county indicating the desire to abandon the maintenance of the right-of-way along with his
application. The resolution will be included along with the application and NCDOT’s
recommendation on the maintenance abandonment to the state Board of Transportation.
The NC Board of Transportation will render the final decision on the maintenance
abandonment of the last 400 feet of Glennie Irvine Road.
A motion was made by Vice Chairman Powell and carried 5-0 to approve by
resolution to request Maintenance Abandonment of a portion of Secondary Road 1370
Glennie Irvine Road, as presented.
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CONSIDERATION OF APPROVAL OF LATE EXEMPTION APPLICATIONS:
Tax Administrator, Russell Jones stated every year, the tax office receives
applications for the Senior, Disabled, Veteran, and Circuit Breaker exemptions that fail to
meet the June 1st deadline. Mr. Jones said in an effort to help inform the public of these
exemptions, the tax office mailed information along with our listing forms to 6,033 citizens
along with updated brochures for the three exemption programs, which made these
programs easier to understand, and passed out over 500 copies. The Tax Office also
included information about these exemptions on the county web site that also included
access to an on-line application form. Application information was published in the local
newspaper. A final effort included mailing 10,635 postcards to all property owners that
did not receive a listing form that reminded all citizens of the upcoming tax deadlines.
Mr. Jones said the Tax Office efforts resulted in 120 new applications, with 80
approved applications, 28 denied applications (14 were over the income limit, 11 did not
complete application, and 3 were not their primary residence) and 8 late applications.
Mr. Jones presented the 8 late applications that are submitted to the Board for
review noting they would have been approved had they been received by the tax office by
June 1st. These applications met all requirements, however since these were late, they could
not be approved by the tax office.
The Board of Commissioners may approve late applications if they are received by
December 31st. Since these applications met all guidelines (other than the application
deadline), Mr. Jones recommended approval.
The following spreadsheet outlined the tax impact and the reasons for the late
applications. Overall the County has 776 (increased by 51 properties since 2017)
properties that are receiving benefit from these exemptions, which does not include the 8
applications that are submitted for approval by the Board.
A motion was made by Commissioner Jeffers and carried 5-0 to approve the late
exemption applications, as presented.
Taxpayer Application Application Date Reason for Late Application Map Tax Value County Bill Fire Bill City Bill Total Bill Tax Value County Bill Fire Bill City Bill New Bill Savings
Eily, Frederick & Mia Veteran 11/1/2018 Waiting on VA 128 73 267,360 1,871.52 26.74 1,898.26 222,360 1,556.52 22.24 1,578.76 319.50
Renfrow, Paul Elderly 10/27/2018 Illness A43 38 99,996 699.97 10.00 709.97 53,199 372.39 5.32 377.71 332.26
Smith, Robert & Haslitt, Terri Disabled 10/13/2018 Unaware of program A5 54 77,977 545.84 7.80 553.64 40,599 284.19 4.06 288.25 265.38
Jackson, Ophelia Elderly 9/17/2018 Did not know deadline 79 21 68,084 476.59 6.81 483.40 34,042 238.29 3.40 241.70 241.70
Roques, Rolando & Martha Elderly 7/31/2018 Out of country 68 90 167,319 1,171.23 16.73 1,187.96 84,345 590.42 8.43 598.85 589.12
Tillman, Edythe Veteran 7/17/2018 Waiting on VA A40 328 102,489 717.42 10.25 727.67 57,489 402.42 5.75 408.17 319.50
Oakley, Richard Disabled 11/7/2018 Unaware of program 88 1 1 22,079 154.55 2.21 156.76 0 0.00 0.00 0.00 156.76
West, Timothy Wayne Disabled 8/31/2017 Did not know deadline A64 524 88,391 618.74 8.84 627.58 49,238 344.67 4.92 349.59 277.99
6,255.87 89.37 0.00 6,345.23 3,788.90 54.13 0.00 3,843.03 2,502.20
Total County Tax Saving to Taxpayer 2,466.96
Total Fire Tax Saving to Taxpayer 35.24
Total City Tax Saving to Taxpayer 0.00
Total Saving To Taxpayer 2,502.20
Before Exemption After Exemption
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LAND ACQUISITION FOR STORMWATER REGULATION COMPLIANCE:
County Manager, Heidi York noted the Board met in closed session on July 2, 2018
to discuss a possible solution for exceeding the impervious surface limits of the Stormwater
Regulations in the Stories Creek Watershed. After a paving project for the General
Services Grounds Maintenance Building and Animal Services, the county exceeded the
24% impervious limit. The current property did not have sufficient room for a stormwater
management system so the engineering consultant recommended purchasing an additional
two acres of land adjacent to the county’s current property.
Ms. York said the county reached an agreement with private landowners to
purchase 2.07 acres at a purchase price of $10,000 per acre, adjacent to Animal Services.
Survey work and legal services have been completed for a total price of $24,846.24. Once
the purchase agreement is executed, the county will be in compliance with the impervious
surface requirements.
Ms. York requested the Board to authorize the County Manager to execute the
purchase agreement for an additional 2.07 acres from the current landowners and
appropriate contingency funds in the amount of $24,846.24 to the General Services budget.
A motion was made by Commissioner Jeffers and carried 5-0 to authorize the
County Manager to execute the purchase agreement for an additional 2.07 acres from the
current landowners and appropriate contingency funds in the amount of $24,846.24 to the
General Services budget.
APPOINTMENT TO ENVIRONMENTAL ISSUES ADVISORY COMMITTEE:
Clerk to the Board, Brenda Reaves presented an interested citizen application for
consideration for appointment to the Environmental Issues Advisory Committee. Mr.
James Bradsher Wilkins has submitted an application of interest to serve as the Woodsdale
Township representative.
A motion was made by Commissioner Jeffers and carried 5-0 to appoint Mr. James
Bradsher Wilkins to the Environmental Issues Advisory Committee as the Woodsdale
Township representative for a 3-year term.
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CHAIRMAN’S REPORT:
Chairman Kendrick reported the County would host an employee service award
banquet on November 28, 2018 noting his regrets that he could not attend. He asked Vice
Chairman Powell to attend in his stead.
Chairman Kendrick said that the NC State Auditor, Beth Wood would be attending
the Kiwanis Club meeting set for later this same date.
COMMISSIONER REPORT/COMMENTS:
Commissioner Clayton reported his attendance at the recent Rural Assembly Day
in Raleigh.
Commissioner Jeffers asked the County Manager to assist in the road maintenance
of Jessie Hicks Road where school buses turnaround and deteriorate the condition of the
road. He noted the county had previously put some gravel on this section of the road
before.
Commissioner Puryear thanked the students for their attendance at the Board
meeting and thanked the voters of the county that re-elected him to another four years. He
said Board meetings were not the place to bring up election issues.
Vice Chairman Powell reported he was serving on the Executive Committee of the
Research Triangle Regional Partnership that includes ten counties.
MANAGER’S REPORT:
County Manager, Heidi York announced a new Director has been hired for the
Person Area Transportation System (PATS); Glen LaBar, Jr. will begin on November 26,
2018.
Ms. York reminded the group of the joint meeting at 1:00pm with the Board of
Education to receive the Schools’ Facilities Needs Audit.
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RECESS:
A motion was made by Vice Chairman Powell and carried 5-0 to recess the
meeting at 10:02am. until 1:00pm in the County Auditorium for the purpose of joint session
with the Board of Education.
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Chairman Kendrick called the recessed meeting to order at 1:00pm.
The following individuals were present for the joint session meeting to discuss the
Person County Schools’ Long Range Facility Needs Assessment 2018:
In attendance representing Person County was Chairman Kendrick, Vice Chairman
Powell and Commissioners Clayton and Jeffers. Commissioner Puryear was absent. Also
present were County Manager, Heidi York, Assistant County Manager, Sybil Tate, Finance
Director, Amy Wehrenberg and Clerk to the Board, Brenda Reaves.
In attendance representing the Board of Education was School Board Chairman,
Dr. Kay Allen, Vice-Chair Margaret Bradsher and members Harriett Tillett, Phillip Gillis
and Freda Tillman. Superintendent, Dr. Rodney Peterson, Chief Operations Officer, Larry
King, and Communications Director, Lily Hayes were also present.
Mr. Larry King introduced Mr. Ed Gordon, Vice President of Smith Sinnett
Architecture, P.A. of Raleigh to the group. Mr. Gordon shared a brief overview of the
Person County Schools Long Range Facility Needs Assessment through the two following
presentations.
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Dr. Allen requested the Board’s consideration to establishing a committee of
individuals representing both the Board of Commissioners and the Board of Education
along with key staff for further discussions related to safety, handicap accessibility as well
as the need for extra classrooms. Chairman Kendrick requested that the Board of
Commissioners have the opportunity to be organized at its December meeting prior to
forming a committee.
ADJOURNMENT:
A motion was made by Vice Chairman Powell and carried 5-0 to adjourn the
meeting at 1:41pm.
_____________________________ ______________________________
Brenda B. Reaves Tracey L. Kendrick
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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AGENDA ABSTRACT
Meeting Date: December 3, 2018
Agenda Title: Approval of Bonds of the Finance Director, the Register of Deeds, the Tax
Administrator and the Sheriff
Summary of Information: Chapter 161(Register of Deeds) and 162 (Sheriff) of the North
Carolina General Statutes requires the Board of County Commissioners to approve the official bonds
at the first meeting in December. The Bonds are a continuation of existing bonds and were secured
by the County Human Resources Director, who also serves as Insurance Liaison. The Human
Resources Director provided information that the Sheriff’s bond, in the amount of $25,000, is for the
length of his term. The Bonds of the Register of Deeds in the amount of $50,000 and $100,000 each
for the Tax Administrator and Finance Director (amount of each Bond is dictated by legislature).
Recommended Action: Approve the Bonds of the Finance Director, the Register of Deeds, the Tax
Administrator and the Sheriff
Submitted By: Ron Aycock, County Attorney
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NOTICE OF PUBLIC HEARING
The Person County Board of Commissioners will hold a public hearing on Monday, December 3rd,
2018 at 7:00 p.m. in Room 215 of the Person County Office Building 304 S Morgan Street,
Roxboro, North Carolina to hear the following:
1.Request by the Person County Address Coordinator to add the following names to the
database of roadway names used for E‐911 dispatching: Country Inn RV Park Rd, Tobacco
Field Loop, Short Rows Run, Long Rows Run, Packhouse Run, Stick Barn Ct. The proposed
private roadways are located completely within a proposed RV park located off Boston
Rd in Woodsdale Township. Article IV, Section 402 H of the Ordinance Regulating Address
and Road Naming in Person County requires any private roadway serving three or more
homes to be officially named.
Citizens will have an opportunity to speak regarding the above request. Specific information
about the request can be obtained from the Person County GIS Department at 336‐597‐2242 or
by visiting our office at 325 S Morgan St, Suite D, Roxboro, NC 27573.
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AGENDA ABSTRACT
Meeting Date: December 3, 2018
Agenda Title: Public Hearing for the addition of six roadway names to the database
of roadway names used for E‐911 dispatching for a proposed RV park
Summary Information: The developer of a proposed RV park has provided names for each of
the roads within the development: Country Inn RV Park Rd, Tobacco
Field Loop, Short Rows Run, Long Rows Run, Packhouse Run, and
Stick Barn Ct. These names are compliant with the Address Ordinance
and the addition of these names requires a public hearing.
Background Information: An RV park is planned on parcel A58 74 off Boston Rd in Woodsdale
Township. The planned development includes six total private roads: an entrance road, a loop road,
three interior roads, and one road terminating in a cul‐de‐sac. Several permanent structures and
numerous RV lots are planned. The Ordinance Regulating Addressing and Road Naming requires
roads within such a development to be named and structures to be addressed accordingly.
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Adding these road names affects no existing addresses or residences.
As required by North Carolina General Statute 153A‐239.1(A), a public notice was published in the
Roxboro Courier‐Times. A sign advertising the public hearing was placed at the proposed roadway
location approximately two weeks prior to this public hearing.
Recommended Action: Motion to approve the recommended roadway names.
Submitted By: Sallie Vaughn, GIS Manager
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12/3/2018
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
Public Safety 13,264
REVENUES General Fund
Intergovernmental 167,219
Fund Balance Appropriation (153,955)
Explanation:
BUDGET AMENDMENT
Receipt of Land and Water Conservation Grant to support Sportsplex improvements ($160,872), allowing for a
reduction in fund balance appropriation for the Sportsplex (-$160,872); reduction in state library grant (-$285),
requiring an increase in fund balance appropriation for the Library ($285); receipt of 2018 Bulletproof Vest
Partnership Award for Sheriff's department ($6,632), with local match from the LEC Restricted Fund ($6,632).
BA-1151
AGENDA ABSTRACT
Meeting date:
December 3, 2018
Agenda Title:
Elections Equipment and Software Lease Amendment
Summary of Information:
An amendment to the existing lease agreement between Election Systems &
Software, LLC (ES&S) and Person County for voting equipment, licensing
software and other services was necessary to reflect the absence of agreed-upon
software (ExpressVote). The State has to certify this software before counties can
perform testing. Due to the two hurricanes and other delays that were beyond the
vendor’s and State’s control, this software was never installed.
The original lease agreement was entered into on 6/29/15 for five annual
payments, all totaling approximately $246,214 ($49,243/yr) which included the
ExpressVote software installation. Person County has issued two out of the five
payments so far, with the next payment due in December 2018. The vendor is
proposing this lease amendment which strips out the ExpressVote software,
causing a new calculated lease payment of $25,141/yr. The total reduction over
the remaining term is of almost $72,304.
Recommended Action:
To approve the amended lease as provided
Submitted By:
Amy Wehrenberg, Finance Director
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AGENDA ABSTRACT
Meeting Date: December 3, 2018
Agenda Title: SUB-02-18 - A request by Randy Allen with Sunbelt Acquisitions, LLC,
for a subdivision concept plan for The Peninsula at Hyco Lake, consisting of 162 lots on 437.72
acres located on SR 1314 Zion Level Church Road in the R (Residential) Zoning District. The
Tax Map & Parcel ID numbers for the proposed subdivision are A13-51, A14-147 and the third
parcel does not have a Tax Map and Parcel ID number assigned; however it is contained within
Deed Book 98 Pages 125, 135, 287 and 373.
Summary of Information:
A single-family subdivision is proposed for the site with a total of 162 lots located on 437.72 acres.
The subdivision will contain approximately 323.20 acres of common open space, which will be
maintained by the homeowner’s association.
There are three parcels included in the proposed subdivision and the developer has also proposed
a 60’ right-of-way (Watersail Way) across Duke Progress Energy property, which will be
contained within a 100’ wide easement. Currently, the subject properties are vacant and contain
woodlands. The site abuts Hyco Lake and is zoned R (Residential).
The lots will be served by individual wells and a community wastewater collection system,
treatment and on-site disposal. The treated and disinfected wastewater will be irrigated on
common open space in accordance with the NC Division of Water Resources regulations.
The minimum lot size will be 15,000 square feet and the minimum lot width will be 75 feet because
of the community wastewater collection system. The developer is proposing slightly larger
minimum lot sizes at 21,780 square feet (1/2 acre).
The applicant is requesting four variations / modifications to the Subdivision Regulations and to
the Person County Minimum Construction Standards for Private Roads – to allow private streets
within the subdivision, the use of flag lots, block lengths exceeding 2,400 feet in length and to
construct streets with 45 feet of right-of-way width.
1.Private Streets - The applicant has submitted a separate variation application to allow for
private streets to be constructed throughout the subdivision. All other variations /
modifications can be reviewed as part of the subdivision concept plan.
2.Flag Lots - There are several flag lots proposed and they are indicated on the site plan.
Flag lots are allowed per Section 53-9 of the Subdivision Ordinance if they meet certain
criteria, such as difficult topography.
The applicant has stated on the site plan that the proposed flag lots exists for two reasons:
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i. The first condition occurs in locations where the length of the lake shoreline greatly
exceeds the street length that generally parallels the shoreline. Due to the shape of the
shoreline in certain locations, the lots will have to become narrower where the lots join
the street.
ii. The second condition is where multiple lots have frontage on a cul-de-sac and the
limited length of the right-of-way line at the perimeter of the cul-de-sac requires the
lots to have a narrow frontage. The lots are also deep which causes the narrow portion
of the lot (‘flag poles’) to have extended lengths.
3. Block Lengths – According to the applicant, the proposed street system for the project is
essentially one cul-de-sac with numerous side streets. There is no opportunity to
interconnect Watersail Way with parallel streets to create blocks, as the subject property is
a peninsula with water on three sides of it. The property has a central ridge with steep
slopes on each side, falling to the lake.
The applicant has provided a roundabout (turn around) for vehicles at the request of staff
where the project does not meet the block length standards.
4. 45’ Street Right-of-Way Widths – The subdivision concept plan proposes right-of-way
widths of 45 feet (with a minimum pavement width of 18 feet) for the cul-de-sacs that
intersect Watersail Way, the main (collector) street. The proposed right-of-way width is
NC DOT’s standard for residential local roads. Watersail Way will maintain a minimum
right-of-way of 60 feet.
The Person County Land use Plan does not identify the majority of the site as a specific land use
category; however a small portion of the site along with the properties nearby are identified as
Rural Residential and the proposed subdivision aligns with the residential designation.
Appendix O of the Land Use Plan lists goals and objectives for the county including the following:
1.5 – Provide for a variety of housing types, densities and price ranges.
Planning Staff Recommendation: Planning staff recommends approval of the concept plan for the
subdivision SUB-02-18. Due to the topography of the site and the existing site constraints,
planning staff also recommends approval of the three (3) variations / modifications for the
subdivision, which includes flag lots, block lengths that exceed 2,400 feet and street widths with
45’ of right-of-way width.
Planning Board Recommendation: At the November 8, 2018 meeting of the Planning Board, the
Board voted unanimously (5-0) to approve SUB-02-18 with the three requested
variations/modifications due to the site constraints and the topography of the site.
Recommended Action: Vote to approve with the three requested variations, approve with the
three requested variations and additional conditions or deny the subdivision concept plan.
Submitted By: Lori Oakley, Planning Director
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Staff Analysis
1
Subdivision Concept Plan
SUB-02-18
The Peninsula at Hyco Lake
EXPLANATION OF THE REQUEST
A request by Randy Allen with Sunbelt Acquisitions, LLC, on behalf of the property owner, Duke Energy
Progress, for a subdivision concept plan for The Peninsula at Hyco Lake, consisting of 162 lots on 437.72
acres located on SR 1314 Zion Level Church Road in the R (Residential) Zoning District. The Tax Map &
Parcel ID numbers for the proposed subdivision are A13-51, A14-147 and the third parcel does not have a
Tax Map and Parcel ID number assigned; however it is contained within Deed Book 98 Pages 125, 135,
287 and 373.
LOCATION & CURRENT LAND USE
Currently, the subject properties are vacant and contain woodlands. The site abuts Hyco Lake and is zoned
R (Residential).
Condition and land use of the surrounding properties are:
To the West – A hunting lodge and vacant wooded parcels zoned R (Residential)
To the North– Single family dwellings, vacant wooded parcels and Hyco Lake zoned R
(Residential).
To the East –A single family dwelling and Hyco Lake zoned R (Residential).
To the South – A single family dwelling, vacant wooded parcels and Hyco Lake zoned R
(Residential).
LAND USE / SITE PLAN ISSUES
A single-family subdivision is proposed for the site with a total of 162 lots located on 437.72 acres.
The subdivision will contain approximately 323.20 acres of common open space, which will be
maintained by the homeowner’s association.
There are three parcels included in the proposed subdivision and the developer has also proposed a 60’
right-of-way (Watersail Way) across Duke Progress Energy property, which will be contained within
a 100’ wide easement.
The lots will be served by individual wells and a community wastewater collection system, treatment
and on-site disposal. The treated and disinfected wastewater will be irrigated on common open space
in accordance with the NC Division of Water Resources regulations.
The minimum lot size will be 15,000 square feet and the minimum lot width will be 75 feet because of
the community wastewater collection system. The developer is proposing slightly larger minimum lot
sizes at 21,780 square feet (1/2 acre). Setbacks will be as follows: Front – 25 feet, rear – 15 feet and
side - 10 feet. The 420’ contour line at the lake has a zero setback requirement.
The applicant is requesting several modifications / variations for the property (please see the Variations
/ Modification section of this staff report). One of the modifications is to allow for a longer block
length on the entrance road into the subdivision. At the request of staff, the applicant has provided a
roundabout (turn around) for emergency vehicles prior to the first intersecting street in the subdivision.
A second roundabout is provided further into the subdivision (at the intersection of Watersail Way and
Sailmaker Court) to also allow for better maneuverability for emergency vehicles.
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Staff Analysis
2
There are several flag lots proposed and they are indicated on the site plan. Flag lots are allowed per
Section 53-9 of the Subdivision Ordinance if they meet certain criteria (please see the Variations /
Modification section of this staff report as it pertains to flag lots).
All street names have been reviewed and approved by the Person County Addressing Coordinator.
The property is located within the Roanoke Watershed.
The property does not lie within the 100-year special flood hazard area according to the FEMA map.
VARIATIONS / MODIFICATIONS
The applicant is requesting four variations / modifications to the Subdivision Regulations and to the Person
County Minimum Construction Standards for Private Roads – to allow private streets within the
subdivision, the use of flag lots, block lengths exceeding 2,400 feet in length and to construct streets with
45 feet of right-of-way width.
1. Private Streets - The applicant has submitted a separate variation application to allow for private
streets to be constructed throughout the subdivision. The maintenance of the private roads will be
handled by a road maintenance agreement and administered by the home owner’s association. All
other variations / modifications can be reviewed as part of the subdivision concept plan.
2. Flag Lots - There are several flag lots proposed and they are indicated on the site plan. Flag lots
are allowed per Section 53-9 of the Subdivision Ordinance:
a. Where necessary to eliminate access onto arterials.
b. To reasonably utilize irregularly shaped land.
c. To reasonably utilize land with difficult topography.
d. To reasonably utilize land with limited site suitable for septic tank nitrification.
e. Where it is unlikely that a road created in lieu of a flag lot would ever be extended, or
otherwise needed to provide access to adjoining parcels.
f. To provide for the protection of significant natural or cultural resources.
The applicant has stated on the site plan that the proposed flag lots exists for two reasons.
i. The first condition occurs in locations where the length of the lake shoreline greatly exceeds
the street length that generally parallels the shoreline. Due to the shape of the shoreline in
certain locations, the lots will have to become narrower where the lots join the street.
ii. The second condition is where multiple lots have frontage on a cul-de-sac and the limited length
of the right-of-way line at the perimeter of the cul-de-sac requires the lots to have a narrow
frontage. The lots are also deep which causes the narrow portion of the lot (‘flag poles’) to
have extended lengths.
3. Block Lengths – According to the applicant, the proposed street system for the project is essentially
one cul-de-sac with numerous side streets. There is no opportunity to interconnect Watersail Way
with parallel streets to create blocks, as the subject property is a peninsula with water on three sides
of it. The property has a central ridge with steep slopes on each side, falling to the lake. The
proposed main subdivision street (Watersail Way) along the ridgeline, with side streets to access
lakefront lots, is the best fit for the site’s topography.
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Staff Analysis
3
The applicant has provided a roundabout (turn around) for vehicles at the request of staff where the
project does not meet the block length standards.
4. 45’ Street Right-of-Way Widths – The subdivision concept plan proposes right-of-way widths of
45 feet (with a minimum pavement width of 18 feet) for the cul-de-sacs that intersect Watersail
Way, the main (collector) street. The proposed right-of-way width is NC DOT’s standard for
residential local roads and while the streets are proposed to be private, the developer intends to
comply with DOT standards to the extent possible. Watersail Way will maintain a minimum right-
of-way of 60 feet.
COMPREHENSIVE PLAN
The Person County Land use Plan does not identify the majority of the site as a specific land use category;
however a small portion of the site along with the properties nearby are identified as Rural Residential.
Rural Residential is defined as:
Low-density residential (single site-built and manufactured homes); agriculture, forestry, churches;
very limited commercial, office, or public/institutional uses meeting locational criteria. Most of the
land within protected water supply watersheds should be placed in this category. Locational
criteria for non-residential uses within this land use category would include frontage and access to
a major State highway or secondary road, proximity to similar uses and spatial separation from
non-compatible uses such as existing residential development. Land uses within this category
would be expected to develop without public sewer, i.e., with private septic tank systems.
Appendix O of the Land Use Plan lists goals and objectives for the county including the following:
1.5 – Provide for a variety of housing types, densities and price ranges.
PLANNING STAFF ANALYSIS AND RECOMMENDATION
The property is zoned R (Residential) and the applicant is proposing to develop a single-family subdivision
for the site with a total of 162 lots located on 437.72 acres. The subdivision will contain 323.20 acres of
common open space, which will be maintained by the homeowner’s association.
The lots will be served by individual wells and a community wastewater collection system, treatment and
on-site disposal. The developer is proposing minimum lot sizes at 21,780 square feet (1/2 acre) and
minimum lot widths of 75 feet.
The proposed subdivision meets the requirements outlined in the Person County Subdivision Regulations
and the Person County Minimum Construction Standards for Private Roads except for the four variations /
modifications that are being requested. Three of the variations / modifications can be approved with the
subdivision concept plan while the fourth variation (to allow private roads) must be reviewed and approved
separately.
Planning staff recommends approval of the concept plan for the subdivision SUB-02-18. Due to the
topography of the site and the existing site constraints, planning staff also recommends approval of the
three (3) variations / modifications for the subdivision, which includes flag lots, block lengths that exceed
2,400 feet and street widths with 45’ of right-of-way width.
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SUB-02-18
Staff Analysis
4
PLANNING BOARD RECOMMENDATION
At the November 8, 2018 meeting of the Planning Board, the Board voted unanimously (5-0) to approve
SUB-02-18 with the three requested variations/modifications due to the site constraints and the topography
of the site.
Submitted by: Lori Oakley, Planning Director
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HOMEOWNER OWNEDOPEN SPACEHOMEOWNER OWNEDOPEN SPACE2175982561617333842475052565859764310121532112614272337241328412943306045486546646253704463687151746757827586879780929110598791139010981958893961011041071001211171089910310611612011512713313213013612512212612913513713813914014314414514814714915115215315515615715815916016116218192021223134353639404954556166697273778384858994102110114119118128123134131141142146150154CANDICE DIXONTAX MAP &PARCEL No.A14 - 6OTHA HICKSTAX MAP &PARCEL No.A14 - 85EDNA H. ROBINSONTAX MAP & PARCEL No.A14 -136DAVID ROYSTER, ET. AL.TAX MAP & PARCEL No.A14 -16OTHA HICKSTAX MAP &PARCEL No.A14 - 84OTHA HICKSTAX MAP &PARCEL No.A14 - 90OTHA HICKSTAX MAP &PARCEL No.A14 - 91MICHAEL LUNSFORDZONE: RTAX MAP & PARCEL No.A13 -18WILLIAM LOGSDONTAX MAP & PARCEL No.A13 - 171ROBERT &KIMBERLY DAVISTAX MAP &PARCEL No.A13 - 172TIMOTHY &PAULETTEWILBORNTAX MAP &PARCEL No.A13 - 173 MICHAELLUNSFORDTAX MAP &PARCEL No.A13 - 139DUKE ENERGY PROGRESSHYCO LAKETAX MAP & PARCEL No.NOT PROVIDED BY COUNTY TAX DEPT.WATERSAIL WAYTOPMAST CO
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ANCHOR WAY PLACESKYSAIL COURTTOPSAIL POINTWATERWAY TERRACESTARBOARD COURTDUKE ENERGY PROGRESSTAX MAP & PARCEL No.NOT PROVIDED BY COUNTY TAX DEPT.TO SCOTT ROADNCSR 1317HOMEOWNER OWNEDOPEN SPACEHOMEOWNER OWNEDOPEN SPACEWASTE WATERTREATMENT ANDIRRIGATION STORAGEPONDWASTE WATER DISPOSALAREAS (TYP.)HOMEOWNER OWNEDOPEN SPACEHOMEOWNER OWNEDOPEN SPACEWASTE WATER DISPOSALAREAS (TYP.)WASTE WATERDISPOSAL AREAS(TYP.)SURVEYED 420 CONTOURDUKE ENERGYPROGRESSTAX MAP & PARCEL No.A14 - 147100' PERMANENTACCESS EASEMENTEXISTING ACCESSEASEMENT - TO BEABANDONEDZION LEVEL CHUCH RD.NCSR 1314 CANE CREEK78111124PARCEL DATALOT #SQUARE FEETACRESPARCEL DATALOT #SQUARE FEETACRESPARCEL DATALOT #SQUARE FEETACRESPARCEL DATALOT #SQUARE FEETACRESPARCEL DATALOT #SQUARE FEETACRESEXIST. POWERLINE & R.O.W.WATERSAIL WAYWINDJAMMER COURTHOMEOWNER OWNEDOPEN SPACEHOMEOWNER OWNEDOPEN SPACEHOMEOWNER OWNEDOPEN SPACEKEITHMILLERTAX MAP & PARCEL No.A13-48ROBERTBLACKARDTAX MAP & PARCEL No.A13-50DUKE ENERGY PROGRESSTAX MAP & PARCEL No.A13 -51ROUNDABOUTROUNDABOUTDUKE ENERGY PROGRESSHYCO LAKETAX MAP & PARCEL No.NOT PROVIDED BY COUNTY TAX DEPT.DUKE ENERGY PROGRESSHYCO LAKETAX MAP & PARCEL No.NOT PROVIDED BY COUNTY TAX DEPT.DAVID ROYSTER, ET. AL.TAX MAP & PARCEL No.A14 -16JAMES SUTTONTAX MAP & PARCEL No.A14 -88SCOTTMANKINSTAX MAP &PARCEL No.A13 - 113JEFF RD.DUKE ENERGY PROGRESSTAX MAP & PARCEL No.NOT PROVIDED BY COUNTY TAX DEPT.HOMEOWNER OWNEDOPEN SPACEHOMEOWNER OWNEDOPEN SPACEWASTE WATER DISPOSALAREAS (TYP.)112SURVEYED 420 CONTOUR0GRAPHIC SCALE200100 200400VICINITY MAPSITEDIEHL & PHILLIPS, P.A.CONSULTING ENGINEERS - LIC. NO. C-04651500 PINEY PLAINS RD., SUITE 200CARY, N.C. 27518 = (919) 467-9972CONCEPT PLANTHE PENINSULA AT HYCO LAKESite DataOwner:Duke Energy Progress550 South Tryon St.Charlotte, NC 28202704-382-4705Developer: Sunbelt Acquisitions, LLC3129 Springbank LaneCharlotte, NC 28226704 533 5471Property: Tract 1- Portions of Tract 14, 21, 22, 23 and 90G Duke Progress Energy DB 98 pages 125, 135, 287, and 373 Tax Map & Parcel No. not provided by County Tax Dept.Tract 2- Tax Map & Parcel No. A13 - 51Tract 3 -Tax Map & Parcel No. A14 - 147Development will utilize a permanent access easement across DukeEnergy Progress property, between A13 - 51 and A14 - 147.Area Tract 1- 389.13+/- acresTract 2- 41.98 acresTract 3- 6.61 acresCommon (Homeowner Owned) Open Space Area323.20 acres (To be maintained by Homeowners Association)Zoning R (Residential) Watershed Roanoke (Hyco Lake)Existing Land Use WoodlandProposed Land Use Single Family ResidentialProposed Number of Lots 162Minimum Required Lot Area 15,000 sq. ft.Proposed Minimum Lot Area 21,780 sq. ft.Minimum Required Lot Width 75 feet - at Building LineProposed Minimum Lot Width at Building Line 80 feetRequired Setbacks:Front: 25 feetSide: 10 feetRear: 15 feet (0 for 420 contour)Notes1. Survey information from Person County G.I.S. and mapping by Davis-Martin-Powell &Associates.2.Existing power line will remain.3.Water Supply: Individual lot private wells4.Wastewater Disposal: Community wastewater collection, treatment, and onsite disposal.Treated, disinfected wastewater will be irrigated on common (Homeowner's Associationowned) property, in accordance with NC Division of Water Resources regulations andpermit requirements. If a lot is not served by the Community wastewater system, thatlot shall have a minimum area of 1.0 acre.5.Proposed streets will be private streets maintained by Homeowners Association. Aprivate roadway maintenance agreement shall be recorded for the subdivision streets.6. All development shall be in compliance with Person County Ordinances and SubdivisionRegulations.7.No public improvements are proposed.SUBDIVISION VARIATION REQUESTSTHE DEVELOPER HAS REQUESTED A VARIATION FROM THE PERSON COUNTY SUBDIVISION ORDINANCE,TO BE ALLOWED TO CONSTRUCT PRIVATE STREETS WITHIN THE SUBDIVISION AND TO ACCESS THESUBDIVISION. THIS REQUEST AND ITS JUSTIFICATION HAVE BEEN SUBMITTED TO THE PLANNINGDEPARTMENT USING THE “SUBDIVISION VARIATION APPLICATION” FORM.IN ADDITION TO THE REQUEST TO CONSTRUCT PRIVATE STREETS, THE DEVELOPER REQUESTS THEFOLLOWING VARIATIONS FROM THE SUBDIVISION ORDINANCE:1.USE OF FLAG LOTS: THE DEVELOPER PROPOSES FLAG LOTS BE UTILIZED IN CERTAIN LOCATIONS,IN ORDER TO REASONABLY UTILIZE IRREGULARLY SHAPED LAND. FLAG LOTS HAVE BEEN PROPOSED TOADDRESS THE CHALLENGES PRESENTED BY TWO SITE CONDITIONS CREATED BY THE IRREGULARLYSHAPED LAND. THE FIRST CONDITION OCCURS IN LOCATIONS WHERE THE LENGTH OF LAKE SHORELINEGREATLY EXCEEDS THE STREET LENGTH THAT GENERALLY PARALLELS THE SHORELINE. THE LOTS AREPLANNED TO PROVIDE LAKE FRONTAGE FOR EACH LOT; DUE TO THE SHAPE OF THE SHORELINE INCERTAIN LOCATIONS, THE PLANNED LOTS HAVE TO BECOME MORE NARROW WHERE THE LOTS JOIN THESTREET. EXAMPLES OF THIS CONDITION ARE LOTS 17, 31, 47, 48, 49, 51, 75, 109, 110, 113, 114, 123,AND 147.THE SECOND CONDITION THAT CREATES FLAG LOTS IS SIMILAR TO THE ONE DESCRIBED ABOVE; INTHIS CASE MULTIPLE LOTS HAVE THEIR FRONTAGE ON A CUL-DE-SAC BUBBLE. THE LIMITED LENGTH OFTHE RIGHT OF WAY LINE AT THE PERIMETER OF THE CUL-DE-SAC BUBBLE REQUIRES THE LOTS TO HAVEA NARROW FRONTAGE. THE PLANNED LOTS ARE RELATIVELY DEEP (200 TO 400 FEET), WHICH CAUSESTHE NARROW PORTIONS TO HAVE EXTENDED LENGTHS IN SOME INSTANCES, CREATING FLAG LOTS.EXAMPLES OF THIS CONDITION ARE LOTS 1, 2, 3, 37, 70, 71, 72, AND 92.THE DEVELOPER REQUESTS FLAG LOTS BE PERMITTED IN ORDER TO OBTAIN REASONABLE USE OF THISIRREGULARLY SHAPED PROPERTY.2.USE OF 45 FEET WIDE STREET RIGHT OF WAY ON CUL-DE-SAC STREETS: THE CONCEPT PLANPROPOSES RIGHT OF WAY WIDTHS OF 45 FEET (WITH A MINIMUM PAVEMENT WIDTH OF 18 FEET) FORTHE CUL-DE-SACS THAT INTERSECT THE CENTRAL “WATERSAIL PARKWAY” COLLECTOR STREET. THISRIGHT OF WAY WIDTH IS NC DOT'S STANDARD FOR RESIDENTIAL LOCAL ROADS, AS PUBLISHED INTHEIR SUBDIVISION ROADS - MINIMUM CONSTRUCTION STANDARDS. ALTHOUGH THE STREETS AREPROPOSED TO BE PRIVATE, THE DEVELOPER INTENDS TO COMPLY WITH DOT STANDARDS TO THEEXTENT POSSIBLE.THE DEVELOPER REQUESTS THE STREET RIGHT OF WAY WIDTH OF 45 FEET BE ALLOWED ON THEPROPOSED STREETS, EXCEPT FOR “WATERSAIL PARKWAY”, WHICH WILL MAINTAIN A MINIMUM ROWWIDTH OF 60 FEET.3.USE OF BLOCK LENGTHS EXCEEDING 2,400 FEET: THE PROPOSED STREET SYSTEM FOR THISPROJECT IS ESSENTIALLY ONE CUL-DE-SAC WITH NUMEROUS SIDE STREETS. THERE IS NOOPPORTUNITY TO INTERCONNECT “WATERSAIL PARKWAY” WITH PARALLEL STREETS TO CREATEBLOCKS, AS THE SUBJECT PROPERTY IS A PENINSULA WITH WATER ON THREE SIDES OF THE TRACT.THE PROPERTY HAS A CENTRAL RIDGE WITH STEEP SLOPES ON EACH SIDE, FALLING TO THE LAKESHORE. THE PROPOSED MAIN STREET ALONG THE RIDGELINE, WITH SIDE STREETS TO ACCESS THELAKEFRONT LOTS, IS THE BEST FIT TO THE SITE'S TOPOGRAPHY.THE DEVELOPER REQUESTS THE MAXIMUM BLOCK LENGTH REQUIREMENT OF 2,400 FEET BE WAIVEDFOR THIS PROJECT.71
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PERSON COUNTY BOARD OF COMMISSIONERSDecember 3, 201876
SUB-02-18 - A request by Randy Allen with Sunbelt Acquisitions, LLC, on behalf of the property owner, Duke Energy Progress, for a subdivision concept plan for The Peninsula at Hyco Lake, consisting of 162 lots on 437.72 acres located on SR 1314 Zion Level Church Road in the R (Residential) Zoning District. The Tax Map & Parcel ID numbers for the proposed subdivision are A13-51, A14-147 and the third parcel does not have a Tax Map and Parcel ID number assigned; however it is contained within Deed Book 98 Pages 125, 135, 287 and 373.77
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VARIATIONS / MODIFICATIONS■Private Streets - The applicant has submitted a separate variation application to allow for private streets to be constructed throughout the subdivision. The maintenance of the private roads will be handled by a road maintenance agreement and administered by the home owner’s association. All other variations / modifications can be reviewed as part of the subdivision concept plan.80
VARIATIONS / MODIFICATIONS■Flag Lots - There are several flag lots proposed and they are indicated on the site plan. Flag lots are allowed per Section 53-9 of the Subdivision Ordinance:A. Where necessary to eliminate access onto arterials.B. To reasonably utilize irregularly shaped land.C. To reasonably utilize land with difficult topography.D. To reasonably utilize land with limited site suitable for septic tank nitrification.E. Where it is unlikely that a road created in lieu of a flag lot would ever be extended, or otherwise needed to provide access to adjoining parcels.F. To provide for the protection of significant natural or cultural resources.The applicant has stated on the site plan that the proposed flag lots exists for two reasons.oThe first condition occurs in locations where the length of the lake shoreline greatly exceeds the street length that generally parallels the shoreline. Due to the shape of the shoreline in certain locations, the lots will have to become narrower where the lots join the street.oThe second condition is where multiple lots have frontage on a cul-de-sac and the limited length of the right-of-way line at the perimeter of the cul-de-sac requires the lots to have a narrow frontage. The lots are also deep which causes the narrow portion of the lot (‘flag poles’) to have extended lengths. 81
VARIATIONS / MODIFICATIONS■Block Lengths – According to the applicant, the proposed street system for the project is essentially one cul-de-sac with numerous side streets. There is no opportunity to interconnect Watersail Way with parallel streets to create blocks, as the subject property is a peninsula with water on three sides of it. The property has a central ridge with steep slopes on each side, falling to the lake. The proposed main subdivision street (Watersail Way) along the ridgeline, with side streets to access lakefront lots, is the best fit for the site’s topography. The applicant has provided a roundabout (turn around) for vehicles at the request of staff where the project does not meet the block length standards. ■45’ Street Right-of-Way Widths – The subdivision concept plan proposes right-of-way widths of 45 feet (with a minimum pavement width of 18 feet) for the cul-de-sacs that intersect Watersail Way, the main (collector) street. The proposed right-of-way width is NC DOT’s standard for residential local roads and while the streets are proposed to be private, the developer intends to comply with DOT standards to the extent possible. Watersail Way will maintain a minimum right-of-way of 60 feet.82
COMPREHENSIVE PLANThe Person County Land use Plan does not identify the majority of the site as a specific land use category; however a small portion of the site along with the properties nearby are identified as Rural Residential. Rural Residential is defined as:■Low-density residential (single site-built and manufactured homes); agriculture, forestry, churches; very limited commercial, office, or public/institutional uses meeting locational criteria. Most of the land within protected water supply watersheds should be placed in this category. Locational criteria for non-residential uses within this land use category would include frontage and access to a major State highway or secondary road, proximity to similar uses and spatial separation from non-compatible uses such as existing residential development. Land uses within this category would be expected to develop without public sewer, i.e., with private septic tank systems. Appendix O of the Land Use Plan lists goals and objectives for the county including the following:1.5 – Provide for a variety of housing types, densities and price ranges. 83
PLANNING STAFF ANALYSIS AND RECOMMENDATIONThe property is zoned R (Residential) and the applicant is proposing to develop a single-family subdivision for the site with a total of 162 lots located on 437.72 acres. The subdivision will contain 323.20 acres of common open space, which will be maintained by the homeowner’s association. The lots will be served by individual wells and a community wastewater collection system, treatment and on-site disposal. The developer is proposing minimum lot sizes at 21,780 square feet (1/2 acre) and minimum lot widths of 75 feet. The proposed subdivision meets the requirements outlined in the Person County Subdivision Regulations and the Person County Minimum Construction Standards for Private Roads except for the four variations / modifications that are being requested. Three of the variations / modifications can be approved with the subdivision concept plan while the fourth variation (to allow private roads) must be reviewed and approved separately. Planning staff recommends approval of the concept plan for the subdivision SUB-02-18. Due to the topography of the site and the existing site constraints, planning staff also recommends approval of the three (3) variations / modifications for the subdivision, which includes flag lots, block lengths that exceed 2,400 feet and street widths with 45’ of right-of-way width. 84
PLANNING BOARD RECOMMENDATIONAt the November 8, 2018 meeting of the Planning Board, the Board voted unanimously (5-0) to approve SUB-02-18 with the three requested variations/modifications due to the site constraints and the topography of the site. 85
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VAR-01-18 - A request by Randy Allen with Sunbelt Acquisitions, LLC, on behalf of the property owner, Duke Energy Progress, for a subdivision variation for the proposed subdivision The Peninsula at Hyco Lake consisting of 162 lots on 437.72 acres located on SR 1314 Zion Level Church Road in the R (Residential) Zoning District. The Tax Map & Parcel ID numbers for the proposed subdivision are A13-51, A14-147 and the third parcel does not have a Tax Map and Parcel ID number assigned; however it is contained within Deed Book 98 Pages 125, 135, 287 and 373. The subdivision variation request is to allow the proposed subdivision streets to be constructed as private streets. 87
VARIATION REQUESTArticle V Design Standards of the Person County Subdivision Regulations states that in all subdivisions where there are 7 or more lots, the roads shall be designated as public and constructed to NC DOT standards.Section 71-1 of the Person County Subdivision Regulations states:Where, because of topographical or other conditions peculiar to the site, strict adherence to the provisions of the regulations of this Ordinance would cause an unnecessary hardship (monetary considerations are not a proper criterion in determining hardship), the subdivider may request a variation. Such request must be submitted in written form and explain the need for such variation. Any and all variations shall be forwarded to the County Commissioners with recommendation and rationale for approval or disapproval by the Planning Board. Any variation thus authorized by the County Commissioners required to be entered in writing in the minutes of the County Commissioners and the reasoning on which the departure was justified shall be set forth.The applicant has submitted a variation application for the proposed subdivision to allow for private streets to be constructed throughout the subdivision. The maintenance of the private streets will be handled by a road maintenance agreement and administered by the home owner’s association. 88
VARIATION REQUESTThe applicant has stated on the variation application that the long access easement from Zion Level Church Road to the property, and the peninsula nature of the tract, combine to create a cul-de-sac length that exceed NC DOT’s standard of a maximum length of 2,5000 feet. Due to this tract being a peninsula, there are no opportunities to interconnect the street with streets on adjacent tracts, and create an interconnected street network that would meet NC DOT standards.At the request of staff, the applicant has provided a roundabout (turn around) for emergency vehicles prior to the first intersecting street in the subdivision. A second roundabout is provided further into the subdivision (at the intersection of Watersail Way and Sailmaker Court) to also allow for better maneuverability for emergency vehicles.89
PLANNING STAFF ANALYSISDue to the tract being a peninsula, interconnectivity is limited. NC DOT’s Subdivision Roads Minimum Construction Standardsallows for a maximum length of 2,500 linear feet on dead end streets and Watersail Way in the proposed subdivision has an approximate length of 13,000 linear feet. The applicant has submitted a variation application for the proposed subdivision to allow for private streets to be constructed throughout the subdivision. If the variation is approved and the private streets are allowed, the maintenance of those streets will be handled by a road maintenance agreement and administered by the home owner’s association. 90
PLANNING BOARD RECOMMENDATIONAt the November 8, 2018 meeting of the Planning Board, the Board voted unanimously (5-0) to approve VAR-01-18 due to the topography of the site. 91
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AGENDA ABSTRACT
Meeting Date: December 3, 2018
Agenda Title: VAR-01-18 - A request by Randy Allen with Sunbelt Acquisitions, LLC,
for a subdivision variation for the proposed subdivision The Peninsula at Hyco Lake consisting of
162 lots on 437.72 acres located on SR 1314 Zion Level Church Road in the R (Residential) Zoning
District. The Tax Map & Parcel ID numbers for the proposed subdivision are A13-51, A14-147
and the third parcel does not have a Tax Map and Parcel ID number assigned; however it is
contained within Deed Book 98 Pages 125, 135, 287 and 373. The subdivision variation request
is to allow the proposed subdivision streets to be constructed as private streets.
Summary of Information:
A single-family subdivision is proposed for the site with a total of 162 lots located on 437.72 acres.
Article V Design Standards of the Person County Subdivision Regulations states that in all
subdivisions where there are 7 or more lots, the roads shall be designated as public and constructed
to NC DOT standards.
Section 71-1 of the Person County Subdivision Regulations states:
Where, because of topographical or other conditions peculiar to the site, strict adherence
to the provisions of the regulations of this Ordinance would cause an unnecessary hardship
(monetary considerations are not a proper criterion in determining hardship), the subdivider
may request a variation. Such request must be submitted in written form and explain the
need for such variation. Any and all variations shall be forwarded to the County
Commissioners with recommendation and rationale for approval or disapproval by the
Planning Board. Any variation thus authorized by the County Commissioners required to
be entered in writing in the minutes of the County Commissioners and the reasoning on
which the departure was justified shall be set forth.
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The applicant has submitted a variation application for the proposed subdivision to allow for
private streets to be constructed throughout the subdivision. The applicant has stated on the
variation application that the long access easement from Zion Level Church Road to the property,
and the peninsula nature of the tract, combine to create a cul-de-sac length that exceed NC DOT’s
standard of a maximum length of 2,500 feet. Due to this tract being a peninsula, there are no
opportunities to interconnect the street with streets on adjacent tracts, and create an interconnected
street network that would meet NC DOT standards.
At the request of staff, the applicant has provided a roundabout (turn around) for emergency
vehicles prior to the first intersecting street in the subdivision. A second roundabout is provided
further into the subdivision (at the intersection of Watersail Way and Sailmaker Court) to also
allow for better maneuverability for emergency vehicles.
Due to the tract being a peninsula, interconnectivity is limited. NC DOT’s Subdivision Roads
Minimum Construction Standards allows for a maximum length of 2,500 linear feet on dead end
streets and Watersail Way in the proposed subdivision has an approximate length of 13,000 linear
feet.
If the variation is approved and the private streets are allowed, the maintenance of those streets
will be handled by a road maintenance agreement and administered by the home owner’s
association.
Planning Board Recommendation: At the November 8, 2018 meeting of the Planning Board, the
Board voted unanimously (5-0) to approve VAR-01-18 due to the topography of the site.
Recommended Action: Vote to approve, approve with conditions or deny the subdivision
variation.
Submitted By: Lori Oakley, Planning Director
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VAR-01-18
Staff Analysis
1
Subdivision Variation
VAR-01-18
The Peninsula at Hyco Lake
EXPLANATION OF THE REQUEST
A request by Randy Allen with Sunbelt Acquisitions, LLC, on behalf of the property owner, Duke Energy
Progress, for a subdivision variation for the proposed subdivision The Peninsula at Hyco Lake consisting
of 162 lots on 437.72 acres located on SR 1314 Zion Level Church Road in the R (Residential) Zoning
District. The Tax Map & Parcel ID numbers for the proposed subdivision are A13-51, A14-147 and the
third parcel does not have a Tax Map and Parcel ID number assigned; however it is contained within Deed
Book 98 Pages 125, 135, 287 and 373. The subdivision variation request is to allow the proposed
subdivision streets to be constructed as private streets.
VARIATION REQUEST
A single-family subdivision is proposed for the site with a total of 162 lots located on 437.72 acres. The
lots will be served by individual wells and a community wastewater collection system, treatment and on-
site disposal. The minimum lot size will be 21,780 square feet (1/2 acre) and the minimum lot width will
be 75 feet because of the community wastewater collection system.
Article V Design Standards of the Person County Subdivision Regulations states that in all subdivisions
where there are 7 or more lots, the roads shall be designated as public and constructed to NC DOT standards.
Section 71-1 of the Person County Subdivision Regulations states:
Where, because of topographical or other conditions peculiar to the site, strict adherence to the
provisions of the regulations of this Ordinance would cause an unnecessary hardship (monetary
considerations are not a proper criterion in determining hardship), the subdivider may request a
variation. Such request must be submitted in written form and explain the need for such variation.
Any and all variations shall be forwarded to the County Commissioners with recommendation and
rationale for approval or disapproval by the Planning Board. Any variation thus authorized by the
County Commissioners required to be entered in writing in the minutes of the County
Commissioners and the reasoning on which the departure was justified shall be set forth.
The applicant has submitted a variation application for the proposed subdivision to allow for private streets
to be constructed throughout the subdivision. The maintenance of the private streets will be handled by a
road maintenance agreement and administered by the home owner’s association.
The applicant has stated on the variation application that the long access easement from Zion Level Church
Road to the property, and the peninsula nature of the tract, combine to create a cul-de-sac length that exceed
NC DOT’s standard of a maximum length of 2,500 feet. Due to this tract being a peninsula, there are no
opportunities to interconnect the street with streets on adjacent tracts, and create an interconnected street
network that would meet NC DOT standards.
At the request of staff, the applicant has provided a roundabout (turn around) for emergency vehicles prior
to the first intersecting street in the subdivision. A second roundabout is provided further into the
subdivision (at the intersection of Watersail Way and Sailmaker Court) to also allow for better
maneuverability for emergency vehicles.
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VAR-01-18
Staff Analysis
2
PLANNING STAFF ANALYSIS
The applicant is proposing a single-family subdivision for the site with a total of 162 lots located on 437.72
acres. The lots will be served by individual wells and a community wastewater collection system, treatment
and on-site disposal. The minimum lot size will be 21,780 square feet (1/2 acre) and the minimum lot width
will be 75 feet because of the community wastewater collection system.
Due to the tract being a peninsula, interconnectivity is limited. NC DOT’s Subdivision Roads Minimum
Construction Standards allows for a maximum length of 2,500 linear feet on dead end streets and Watersail
Way in the proposed subdivision has an approximate length of 13,000 linear feet.
The applicant has submitted a variation application for the proposed subdivision to allow for private streets
to be constructed throughout the subdivision. If the variation is approved and the private streets are allowed,
the maintenance of those streets will be handled by a road maintenance agreement and administered by the
home owner’s association.
PLANNING BOARD RECOMMENDATION
At the November 8, 2018 meeting of the Planning Board, the Board voted unanimously (5-0) to approve
VAR-01-18 due to the topography of the site.
Submitted by: Lori Oakley, Planning Director
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AGENDA ABSTRACT
Meeting Date: December 3, 2018
Agenda Title: Strategic Analysis for Economic Development
Summary of Information: The Person County Business and Industrial Center, nonprofit
extension of the Economic Development Commission, is presenting a strategic analysis for
economic development. Over this last year, the group has met to identify strengths, weaknesses,
opportunities and threats to advance economic development in Person County.
Recommended Action: Receive the report.
Submitted By: Gordon Powell, County Commissioner and Board representative on the
Economic Development Commission
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AGENDA ABSTRACT
Meeting Date: December 3, 2018
Agenda Title: Uptown Development Report 2018
Summary of Information: This report will summarize Uptown Roxboro during 2018.
Recommended Action: Accept the Report
Submitted By: Lynda Clayton, Uptown Roxboro Director- City of Roxboro
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2018 Year-End Report from the Office of the Uptown Roxboro Director
2018 has been an exciting year in Uptown Roxboro! Transition with leadership changed in late
March, 2018. The following is an update on achievements for Uptown Roxboro:
Rebranding Project began in late 2017 with the goal to identify key qualities of the area,
discover the brand that authentically reflects Uptown and develop an action plan to raise
awareness with the assistance of Amico Brand Design. A leadership team was formed
with representatives from the community and research found the following: Uptown has
an artsy, urban feel surrounded by rural beauty. Many of the businesses can be connected
to arts and aesthetics, exemplifying why Uptown Roxboro “developing the art in
living,” was decided upon as the tagline for marketing our Uptown district.
Name Change from Roxboro Development Group to Uptown Roxboro Group to
eliminate continued confusion of the participating Main Street Program.
New website launched in November, 2018 www.uptownroxboro.com
Statistics Report July, 2017-June, 2018:
Out of 17 housing units, we have limited vacancies.
Out of 127 Commercial Spaces, we have very few spaces available for leasing.
(9) Public Improvements
(3) Rehabilitation Projects
(10) Businesses opened
(2) Businesses expanded
Over $500,000 in public and private investments in 2016-2017 fiscal year
Issued $5000 in Facade Grant money
Logged almost 600 volunteer hours
Continued to draw increased numbers of people at the popular Rox n’ Roll Cruise-in
event
Merchant Meetings were offered as a group effort from Roxboro Chamber of Commerce,
Person County Tourism, Roxboro Area Merchants Association, Piedmont Community
College Small Business & Uptown Roxboro Group to discuss ideas for improved
shopping, dining and foot traffic for Uptown Businesses.
As you can see from the list above, Uptown Roxboro continues to grow with new businesses,
activities, and residents and I hope you are looking forward to exciting plans in 2019. Thank you
for your continued support of Uptown Roxboro.
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AGENDA ABSTRACT
Meeting Date: December 3, 2018
Agenda Title: Resolution of Support to Dedicate and Rename a portion of a road in
Person County to Commemorate the Service of World War I Veteran,
First Lieutenant George Hamilton Yarborough, Jr.
Summary of Information:
Pursuant to NC General Statutes 136.18(8), the North Carolina Board of Transportation may name
roads, bridges, or ferries. One of the criteria for the individual and/or family is to submit to the
NC Board of Transportation that a request was before the Board of Commissioners or City Council
(whoever has jurisdiction of the section of road proposed to be named) to gain unanimous support
by resolution for such action. Generally the other criteria is gathered and submitted via the
family. An unanimously adopted Resolution of Support to Dedicate and Rename a Section of a
named roadway (reference the route with the begin and ending points of such named section) as
well as the stated Valor Medal (Medal of Honor, Distinguished Service Cross, Silver Star, Navy
Cross and/or Air Force Cross) to which the recipient was awarded is required to be submitted to
the NC Dept. of Transportation for review and ultimate approval by the NC Board of
Transportation. The criteria for the honoree: living, or deceased longer than one year but less than
75 years, not currently serving or pursuing a term as an elected official, NC residency verification,
strong local unanimous support and support of the family.
In addition, willingness of the local government or designee to pay the administrative fee of $2,000
to the NC DOT, payable only after the NC Transportation Board has approved the project.
Recommended Action: adopt the resolution of support if appropriate, and if so, appropriate the
$2,000 from the undesignated contingency fund.
Submitted By: Commissioner Powell
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AGENDA ABSTRACT
Meeting Date: December 3, 2018
Agenda Title: Board of Commissioners 2019 Schedule of Meetings
Summary of Information:
NC General Statute 153A-40 requires the Board of Commissioners to hold a regular meeting at
least once a month. Before the Board is a proposed schedule of 2019 meeting dates for
consideration and approval.
Note: the Board will hold its regular scheduled meetings in its usual Boardroom, Room 215 in the
County Office Building unless otherwise posted. As recommended on the Schedule of Meetings,
to accommodate attendance, Local Government Day Board meetings will be scheduled to be held
in the in the County Office Building Auditorium as the same is done for the Budget Public Hearing.
At this time, the location for the Board Retreat is yet to be determined. A public notice will be
posted and distributed upon the decision of its location.
There is no conflict with the proposed schedule related to the following conferences:
NCACC Legislative Goals Conference January 10-11, 2019 in Raleigh
NACo Legislative Conference March 2-6, 2019 in Washington, DC
NACo Annual Conference July 11-15 in Las Vegas
NCACC Conference August 22-24 in Guilford County
Recommended Action:
Consider the proposed dates and take action to set the 2019 Schedule of Meetings so to cause copy
of such to be distributed and posted on the bulletin board and county website.
Submitted By: Heidi York, County Manager
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Person County Board of Commissioners
2019 Schedule of Meetings
To be held in Room 215 at the Person County Office Building unless otherwise noted
January 7, 2019 7:00 p.m.
January 22, 2019 (Tuesday) 9:00 a.m.
February 4, 2019 (Board Retreat) 9:00 a.m. To Be Determined
February 19, 2019 (Tuesday) 9:00 a.m.
March 18, 2019 (Local Gov’t. Day) 9:00 a.m. County Auditorium
April 1, 2019 7:00 p.m.
April 15, 2019 9:00 a.m.
May 6, 2019 7:00 p.m.
May 20, 2019 9:00 a.m.
June 3, 2019 7:00 p.m. County Auditorium
June 17, 2019 9:00 a.m.
July 1, 2019 7:00 p.m.
August 5, 2019 7:00 p.m.
August 19, 2019 9:00 a.m.
September 3, 2019 (Tuesday)7:00 p.m.
September 16, 2019 9:00 a.m.
October 7, 2019 7:00 p.m.
October 21, 2019 9:00 a.m.
November 4, 2019 7:00 p.m.
November 18, 2019 (Local Gov’t. Day) 9:00 a.m. County Auditorium
December 2, 2019 7:00 p.m.
PROPOSED for adoption by the Board of Commissioners on December 3, 2018.
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AGENDA ABSTRACT
Meeting Date: December 3, 2018
Agenda Title: Fiscal Year 2019-2020 Budget Calendar
Summary of Information: A budget calendar has been developed for the Board’s adoption,
outlining a schedule for the timing of the budget process. A Board Retreat is proposed for February
4th, along with the Capital Improvement Plan adoption in April, Presentation of the Recommended
Budget in May, a required Public Hearing on June 3rd and Adoption of the FY19-20 Annual Budget
for June 17th. The dates outlined are subject to change if needed, but this will facilitate an organized
budget process for staff and elected officials.
Recommended Action: Adopt the budget calendar for FY2019-2020 and provide feedback and
changes to staff as needed.
Submitted By: Heidi York, County Manager
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PERSON COUNTY GOVERNMENT
FISCAL YEAR 2019-20 BUDGET CALENDAR
Date Task
Mon/Dec. 3, 2018* BOCC adopts FY20 budget calendar
Wed/Jan. 16, 2019 CIP Requests due to Assistant County Manager
Fri/Feb. 1, 2019 Personnel forms due to Human Resources
Fri/Feb. 1, 2019 Final insurance costs due
Mon/Feb. 4, 2019* Board of County Commissioners Annual Retreat
Mon/Feb. 11, 2019 Distribution of budget training manual to departments and fee schedule requests
Thurs/Feb. 21, 2019 Departmental budget requests for operating & capital due to Finance and fee
schedule requests due to Assistant County Manager
Mon-Fri/Mar. 12-22, 2019 Departmental budget presentations with County Manager
Mon/April 1, 2019* FY20 CIP presented to Board of Commissioners
Mon/April 15, 2019* Adoption of FY20 CIP
Mon/ May 20, 2019* County Manager presents recommended budget to Board of County
Commissioners
Mon/June 3, 2019* Board of Commissioners holds Public Hearing on recommended budget
Tues-Fri/June 4-14, 2019 Potential BOCC budget work sessions (specific dates to be scheduled)
Mon/June 17, 2019* Adoption of FY20 Annual Budget Ordinance
Mon/July 1, 2019 FY20 budget available in accounting system
Mon/Aug. 5, 2019 Adopted budget document finalized and available online
* denotes a Board of Commissioners meeting date.
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AGENDA ABSTRACT
Meeting Date: December 3, 2018
Agenda Title: Voting Delegate Designation for the NC Association of
County Commissioners Legislative Goals Conference
Summary of Information: Voting Credentials for Legislative Goals Conference which will
be held January 10-11, 2018, at the Raleigh Marriott Crabtree Valley in Wake County is due by
December 28, 2018.
Recommended Action: Designate a Commissioner to attend the Conference as Person County’s
voting delegate.
Submitted By: Brenda Reaves, Clerk to the Board
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