HomeMy WebLinkAboutRES-2008-073 Planning - Resolution -The Forest at Little River (Lots 7,8,9 and 10) John & Sally BuggRESOLUTION
OF THE
ORANGE COUNTY BOARD OF COMMISSIONERS
Date: October 21, 2008
Name of Subdivision: The Forest at Little River (Lots 7, 8, 9, any
Owners/Applicants: John E_ and Sally Bugg; ~r .gam and Jodi Lopeman; Freddie
M. Satterfield, President of Satterfield Paving, Inc.
The Board of County Commissioners approves The Forest at Little River (Lots 7, 8, 9
and 10) subdivision preliminary plan, dated May 14, 2008 as prepared by Aiken and
Yelle Associates, PA, Professional Engineers and Land Surveyors, including the
dedication of Sweetflag Lane as a proposed NCDOT maintained public road in Orange
County, subject to the fulfillment of conditions specified herein.
Sweetflag Lane shall be irrevocably dedicated to the general public and constructed to
standards of the North Carolina Department of Transportation. The approval of this
resolution authorizes and directs the Orange County Manager to accept for Orange
County and, on behalf of the public generally, the offer of dedication of Sweetflag Lane.
This acceptance by Orange County of the dedication to the general public of Sweetflag
Lane shall be without maintenance responsibility. This road shall be maintained by the
owner/applicant until such time as its acceptance for maintenance by the North Carolina
Department of Transportation or some other governmental body. Before the Final Plat
of The Forest at Little River (Lots 7, 8, 9, and 10) can be recorded the following
conditions must be satisfied:
A. Sewage Disposal
1. Each residential lot shall contain an adequate area for septic disposal, and
repair area, approved by the Orange County Division of Environmental
Health.
2. The septic system location may restrict the size and location of
improvements. This disclosure shall be included in a document describing
development restrictions to be recorded concurrently with the Final Plat.
The document shall also disclose that information regarding the tentative
location of septic systems is available from the Orange County Health
Department, Division of Environmental Health.
B. Roads and Access
1. Sweetflag Lane shall be constructed to standards of the North Carolina
Department of Transportation, within a 50-foot right-of-way with 5-foot utility
easements on each side, and the construction shall be inspected and
approved by NCDOT.
OR
A letter of credit or escrow agreement shall be submitted and approved by
the County Attorney to secure construction of Peninsula Lane and
Grassland Court to the standards of the North Carolina Department of
Transportation. An estimate of the construction cost must be prepared by
a certified/licensed engineer or grading contractor and submitted to the
Planning and Inspections Department. The financial guarantee must
reflect 110% of that estimate and be issued by an accredited financial
institution licensed to do business in North Carolina.
The document describing development restrictions to be recorded with the
Final Plat shall state that the financial guarantee will not be released until
the road construction has been inspected and approved by NCDOT.
2. All lots shall receive access from the internal subdivision roads. No
driveway shall be permitted within 50 feet of a street intersection. The
final plat shall contain "No Vehicular Access Areas" for all portions of the
subdivision abutting Hunt Road (SR 1540) except for the proposed
intersection of Sweetflag Lane and Hunt Road.
3. An erosion control plan for construction of Sweetflag Lane was previously
approved for the construction of Sweetflag Lane. Prior to any additional
land disturbing activity exceeding 20,000 square feet an Erosion Control
Plan shall be submitted to the Erosion Control Division of the Planning and
Inspections Department and approved.
4. Approved double-bladed street name signs shall be erected at the
intersections of Hunt Road and Sweetflag Lane prior to Planning
Department signatures on the final plat.
5. The owner/applicant shall submit a copy of the NCDOT approval letter,
accepting the construction of Sweetflag Lane, to the Planning Department
and also sign the Construction Certification on the final plat prior to
Planning Department signatures on the Final Plat.
6. Sight triangles (10'x 70') shall be shown on the Final Plat at the
intersection of Sweetflag Lane with Hunt Road.
7. Dedicate, in fee simple, five (5) feet of additional right-of--way, or 35 feet
from the centerline of the existing right-of-way, whichever is greater, along
the frontage of Hunt Road. Said dedication shall meet major collector
road right-of-way standards as identified in the Comprehensive Plan and
required in Section IV-B-3-c-1 of the Subdivision Regulations.
C. Land Use Buffers and Landscaping
Landscaping shall be preserved as indicated on the approved preliminary
plan showing forth the building envelopes, and shall be inspected and
approved by the Planning and Inspections Department prior to signatures
on final plat. No part of the landscaping shall encroach into the 10' x 70'
sight triangles at intersections.
OR
Guaranteed financially through a letter of credit or escrow agreement
submitted to secure required landscape installation and preservation. An
estimate of the cost for required preservation, plantings and their
installation must be provided. The financial guarantee shall reflect 110%
of the estimate and be issued by an accredited financial institution
licensed to do business in North Carolina in a form approved by the
County Attorney.
Provisions for protection of existing trees as shown on the approved
landscape plan shall be included in a document describing development
restrictions and requirements to be prepared by Planning Staff and
recorded concurrently with the Final Plat. No clear cutting on individual lots
is permitted pursuant to Section IV-B-8-c of the Orange County
Subdivision Regulations.
2. The applicant shall retain and maintain existing plantings within the 150-
foot perimeter building setback along Hunt Road as indicated on the
Preliminary Plan.
D. Drainage
1. Drainage Easements shall be located on the final plat as required
following review and approval of the Erosion Control Plan by County staff.
2. Drainage culverts shall be sized and located appropriately by a licensed
North Carolina Professional Engineer as required by NCDOT and Orange
County Erosion Control.
3. The ephemeral drainage-way with 50-foot buffers on each side as shown
on Lot 7 and Lot 8 shall be left in its natural state, with the exception of
perpendicular driveway crossings.
4. Impervious surface data, as pursuant to Article 6.23.3c.1 of the Zoning
Ordinance shall be included in a document describing development
restrictions and requirements to be prepared by Planning Staff and
recorded concurrently with the Final Plat. The impervious surface for each
lot shall indicate the maximum impervious surface for each lot, net of the
roadway (i.e. excluding roadway).
5. Impervious surface coverage for the subdivision is limited to six percent
(6%) including'/2 of the impervious surface within Sweetflag Lane. The
maximum impervious surface for the entire subdivision is 54,807 square
feet. The proportionate amount of impervious surface within Sweetflag
Lane is 14,000 square feet. The remaining 40,807 square feet may be
allocated among the four lots provided that no individual lot shall exceed
13,000 square feet.
E. Parkland
1. Lawful currency of the United States in the amount of $1,820 shall be paid
to Orange County as payment in lieu of parkland dedication prior to
recordation of the final plat.
2. The developer shall incorporate deed restrictions and covenants that
effectively restrict and maintain the 150-foot setback areas on Lots 7, 8, 9
and 10 as well as the designated wildlife corridor on lot 7. These
protected areas shall be shown and labeled accordingly on the final plat.
All maintenance responsibilities for the open space shall be with the
individual owners.
3. The second paragraph of Section IV-B-7-b of the Orange County
Subdivision Regulations references the required minimum recreation
space ratio in the Orange County Zoning Ordinance, Article 5.1.1, which
requires 0.028 square feet of recreation space per land area dedicated to
residential use [0.028 * 20.97acres = 0.59 acres, or 25,700 sq ft]. In those
cases where the required minimum recreation space results in a larger
amount than the public recreation space requirement of 1/20 acre per lot
(1/20 x 4 lots = 8,712 sq ft), the difference shall be established as private
recreation space for the use of the residents of the development (25,700 -
8,712 = 16,988 square feet (.39 acres). Approximately 14.95 acres of in-
lot open space (44.49%) will be protected and available to individual lot
owners.
4. Developer shall provide a minimum of 16,988 square feet of private
recreation area. The proposed mulched trail extending along the South
Fork of the Little River to Hunt Road will meet this requirement. The trail,
which shall be improved, shall be described and referenced within the
HOA documents and shall ensure that the trail will be an amenity to all
property owners under the authority of The Forest at Little River HOA.
This shall include those lots approved through the minor subdivision
process and the 10+ acres subdivision process. (See Proposed Nature
Trail Easement map included as Attachment 8).
F. Construction Waste
1. Per the Orange County Solid Waste Ordinance, clean wood waste, scrap
metal and corrugated cardboard, and all present construction waste, shall
be recycled.
2. All haulers of construction waste shall be properly licensed. Developer
shall confirm that hauling contractors are licensed to haul waste in Orange
County.
3. Prior to any construction activity on the site the applicant shall arrange for
a pre-construction conference with the County's Solid Waste staff.
G. Miscellaneous
1. The Final Plat shall contain a title block and vicinity map in accordance
with Section V-D-2 and V-D-3 of the Orange County Subdivision
Regulations.
2. The open space shall be conveyed into the Homeowner's Association
before Planning Department signatures are affixed to the final plat. Tree
cutting in the roadside Open Space is prohibited except for necessary
maintenance purposes that have been approved by County staff prior to
any such tree cutting taking place. The County Attorney shall .approve the
restrictive covenants applicable to the property.
3. If street lighting is proposed, a lighting plan shall be submitted to the
planning office for review and approval prior to purchase of lighting fixtures
from the utility provider. Any lighting shall meet the Outdoor Lighting
Standards as set forth in section 6.31 of the Orange County Zoning
Ordinance.
4. The sign easement shall be shifted out of the public right of way of Hunt
Road and Sweetflag lane. A sign permit shall be obtained from Orange
County prior to beginning construction.
5. Methods of disposal of trees, limbs, stumps, and construction debris
associated with construction activity shall be by some method other than
open burning as required in the Orange County Zoning Ordinance.
6. PIN numbers for the existing lots shall be shown on the Final Plat.
7. The owner shall file, with the Planning Department and record with the
Final Plat, a declaration of covenants and restrictions, articles of
incorporation, where required, and/or by-laws, all as approved by the
County Attorney, that will govern the maintenance and control of the
improvements as set forth in Article III-E of the Orange County Subdivision
Regulations. Said documents shall provide for ownership of open space
and the dedication of easements to access open space, common area
POSA's, drainage easements and buffers, for maintenance. The Owner
has agreed that said documents shall not restrict the use of energy
efficient measures, including but not limited to clotheslines by the lot
owners, nor shall said documents require any lot owner to engage in water
intensive lawn maintenance.
H. Certifications
1. A Certificate of Survey and Accuracy signed by a Professional Land
Surveyor shall be notarized on the face of the Final Plat in the form
provided in Section V-D-6-a of the Orange County Subdivision
Regulations.
2. A Certificate of Declaration and Maintenance in the form provided in
Section V-D-6-b of the Orange County Subdivision Regulations signed by
all landowners and developer shall be on the face of the plat and included
in a document describing development restrictions to be recorded
concurrently with the Final Plat.
3. The North Carolina Department of Transportation shall certify that the
platted portion of Sweetflag Lane has been entirely constructed to State
standards or that construction plans have been approved prior to Planning
Department signatures on final plat.
4. A Certificate of Approval signed by the Orange County Planning and
Inspections Department and the Orange County Environmental Health
Department shall appear on the face of the final plat in accordance with
Section V-D-6-c of the Orange County Subdivision Regulations.
NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that the Preliminary Plan for The Forest at Little River (Lots 7, 8, 9, and
10) subdivision is approved in accordance with the above mentioned conditions and
attached Preliminary Plat dated May 14, 08.
Upon motion of Commissioner ,seconded by Commissioner
>~ the foregoing resolution was adopted this the 21st day of October 2008.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so
much of the proceedings of said Board at a meeting held on , 2008 as
relates in any way to the adoption of the foregoing and that said proceedings are
recorded in Minute Book No. of the minutes of said Board.
WITNESS my hand and the seal of said County(`t~hi~s ~ day of ,
200 n \ Yl /I
Clerk to the Board of Commissioners
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