HomeMy WebLinkAboutAgenda - 03-03-1999 - 8dORANGECOUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 3. 1999
Action Agenda
Item
SUBJECT: CARL AND TERESA CHAMBERS MAJOR SUBDIVISION — PRELIMINARY PLAN
ACTION BY: March 17, 1999
DEPARTMENT: PLANNING PUBLIC HEARING: Yes _X_No
BUDGET AMENDMENT REQUIRED: Yes X No
ATTACHMENT(S):
Application
Resolution of Approval
Private Road Justification
Maps
Preliminary Plan
Planning Board Minutes 12/3/97
Planning Board Minutes 2/3/99
INFORMATION CONTACT: Jim Hinkley
EXTENSION: 2584
TELEPHONE NUMBERS:
Hillsborough
-732-8181
Durham
-688-7331
Mebane
-227-2031
Chapel Hill
-968-4501
PURPOSE: Consideration of the Preliminary Plan for Carl and Teresa Chambers Major Subdivision
BACKGROUND: The proposed eight -lot Chambers major subdivision is located in Cedar Grove Township
(Tax Map No. 2.33..2J) on the north side of Carr Store Road (SR 1352) between NC 86
(2,000± feet to the east) and the intersections of Compton Road (SR 1353)(2,200± feet to
the west) and Eno Cemetery Road (SR 1383)(1,900± feet to the west).
The area is designated as Agricultural - Residential in the adopted Land Use Element of
the Comprehensive Plan, and accordingly is zoned AR(U- ENO- PW)-- Agricultural-
Residential (Upper Eno Protected Watershed). An exception to this zoning is found
in the southernmost 2.5 acres of Lot 1 on the south side of the proposed subdivision
where the designation is AR(U- ENO -CA) Agricultural- Residential (Upper Eno Critical
Area). Surrounding land uses are wooded and single - family residential. Adjoining parcels
are zoned AR.
The proposed subdivision encompasses 19 acres. It consists of seven two -acre lots and a
five -acre lot located partially in the Upper Eno Critical Area. Lot sizes average 2.37a.
2
The subdivision would be accessed from the north side of Carr Store Road via existing
Pore Road (private) —a Class A cul-de -sac to be constructed as an extension of an
existing access easement.' The Class A designation is justified because there are larger
lots and wider setbacks, and the proposed development is located in a protected
watershed. Moreover, covenants will protect permanent open space and prohibit further
subdivision. No stub -out is recommended for the proposed subdivision because lands to
the north are reserved permanently for flood control purposes, and lands to the west lie
within the 100 -year floodplain along the East Fork Eno River.
Following the flexible development option as offered in Section IV -B -10 of the
Subdivision Regulations, the Concept Plan was approved by the Planning Board on
December 3, 1997. (See attached 12 -3 -97 Planning Board Minutes). The proposal
includes 7.75a or 41 % openspace which will be privately owned and reserved in the form
of conservation easements or restrictive covenants. Except for 50' front yards, each lot is
enveloped on the sides and the rear by conservation easements having a minimum width
of 40' around identified building areas. The purpose of the easements is to protect
woodlands on gentle slopes, streams, and adjacent stream buffers. In addition to these
natural buffers along side and rear lot lines, easements follow the subdivision boundaries.
Planning Board Recommendation
The Planning Board unanimously recommends adoption of the Preliminary Plan for the
Carl and Teresa Chambers Major Subdivision to the Board of County Commissioners
with the conditions listed in the proposed attached Resolution of the Orange County
Board of Commissioners. Also please see attached Planning Board minutes for
February 3, 1999.
RECONUAENDATION:
The Administration recommends approval of the Preliminary Plan for the Carl and Teresa
Chambers Major Subdivision, with the conditions listed in the Resolution of Approval.
1 The developers propose to have the name of Pore Road changed to Chambers Court.
3
RESOLUTION
�n
THE ORANGE COUNTY BOARD OF COM IISSIONERS
Date March 3, 1999
Name of Subdivision. Carl and Teresa Chambers Major Subdivision
Owner /Applicant Carl and Teresa Chambers
The Board of County Commissioners hereby approves the Carl and Teresa Chambers Subdivision
Preliminary Plat, dated November 20, 1998, and subject to fulfillment of requirements specified herein.
Before the Final Plat can be recorded:
A. Sewage Disposal
All lots shall contain adequate septic disposal and repair areas, approved by the Orange
County Division of Environmental Health.
2. Disclosure that the septic system location may restrict the size and location of
improvements shall be included in a document describing development restrictions to be
recorded concurrently with the Final Plat. The document disclosing that information on
the tentative location of septic systems is available from the Division of Environmental
Health.
B. Roads and Access
1. Pore Drive (Chambers Court) shall be constructed to Class A private road standards
within a 50 -foot right -of -way. Construction shall be inspected and approved by the
Orange County Erosion Control Division.
�RW
A letter of credit or escrow agreement or other security shall be submitted to secure
construction of Pore Drive (Chambers Court) to Orange County standards. An estimate
of the construction cost must be prepared by a certified/licensed engineer or grading
contractor and submitted to the Orange County Planning Department. The financial
guarantee must reflect 110 percent 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 Orange County.
2. An erosion control plan for construction of Pore Drive (Chambers Court) shall be
submitted by the applicant to the Erosion Control Division for review and approval.
3. A Private Road Maintenance Agreement shall be approved by the County Attorney and
recorded with the Final Plat.
4
4. An approved street name sign shall be erected at the intersection of Pore Drive
(Chambers Court) and Carr Store Road (SR 1352), as required in Section IV-B-3-c-12
Street:Name Signs of the Orange County Subdivision Regulations. The applicant shall
submit either evidence that the signs are in place or a receipt for purchase of the signs.
S. Access to all eight lots shall be from Pore Drive (Chambers Court).
C. Land Use Buffers and Landscaping
1. Landscaping shall be installed or preserved as indicated on the approved landscape plan
for the subdivision and must be inspected and approved by the Planning Department.
2. 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.
D. Drainage
1. Impervious surface data for all eight lots, pursuant to Article 6.23 Extra Requirements
for Watershed Protection Overlay Districts of the Zoning Ordinance, shall be included in
the development restrictions and requirements document to be prepared by Planning
Staff and recorded concurrently with the Final Plat. The southern one -half of Lot 1 of the
subdivision is located in the U- ENO-CA Upper Eno Critical Area where impervious
surface limitations are six percent. The remainder of Lot 1 and the other seven lots are
located in the U- ENO-PW Upper Eno Protected Watershed where impervious surface
limitations are twelve percent, as designated in the Land Use Element of the
Comprehensive Plan. BMP's (Best Management Practices) cannot be used to satisfy
watershed requirements in this subdivision.
2. Drainage easements, as required, shall be located following review and approval of the
Erosion Control Plan.
3. Drainage culverts shall be sized and located as required by the Erosion Control Officer.
E. Parkland
Eight lots are to be created in the proposed subdivision. As per the decision of the
Department of Recreation and Parks, cash in the amount of $3,376 ($422 per lot) shall be
paid to Orange County as payment -in -lieu of parkland dedication. The proposed
subdivision is located within the service area of the Cedar Grove Community Park.
F. Miscellaneous
1. The Final Plat shall contain a title block and vicinity map in accordance with Section
V -D-2 Title Block and V -D-3 Vicinity Map of the Subdivision Regulations.
2. Minimum building setbacks and conservation easements shall be stated on the plat and
in a document describing development restrictions and requirements to be prepared by
Planning Staff and recorded concurrently with the Final Plat.
3
G. Certifications
1. A Certificate of Survey and Accuracy signed by a registered Land Surveyor shall be
notarized on the face of the Final Plat.
2. A Dedication and Maintenance Certificate, as provided in Section V -D -6 -b Certificates
of Dedication. lad Maintenance of the Subdivision Regulations,.signed by the landowner
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. A Certificate of Approval shall be signed by the Planning Department.
Carl Chambers
Teresa Chambers
Beverly A. Blythe
Clerk to the Board of County Commissioners
We, Carl and Teresa Chambers, accept the above listed conditions of subdivision approval and
acknowledge that each must be met prior to recordation of the final plat.
Carl Chambers
Teresa Chambers
Date
Date
5
APPLICATIO" FOR PRELIMINARY PLf -•' APPROVAL 6 •
MAJOR SUBDIVISION 8/93 .
ORANGE COUNTY
DATE: m Z
PLEASE TYPE OR PRINT (INK ONLY)
SUBDIVISION NAME:
LOCATION:
l �,�li
OWNER/DEVELOPER: CC/
,
ADDRESS: N .
TELEPHONE NO.:
AGENT /CONTACT:
TELEPHONE NO.:
A. SUMMARY INFORMATION:
Orange County Tax Map _1_._ Block
`/
Lotis) Township Cs //�� ee(Ae— l�j/L7iG.
..L
Zoning District(@):
_
Total Number of Acres:
Phases:
Total Number of Late: Average Lot Size:
Minimum Lot Size: 19
Number/Type of Structures: (s isting)
(proposed)
Lineal Feet in Streets: 11
Acres in Open Space:
Water Supply: Public (specify)
Community lvo' Individual
Wastewater Disposal: Public (specify) Community �_ Individual
School District.
Fire•District:
General Land Uses in Area:
Critical Areas: !otream /drainageways flood prone areas
watershed (specify) historic sites
other (explain)
Is the property to be subdivided currently under 'farm use value taxation"? Yes_ No_. I( "yea',
please contact the Orono* County Tax Office. Subdivision of the property may require payment of
deferred taxes under "farm use value taxation '.
B. All plats must be submitted on sheet no smaller than one inch equals two hundred feet (1' = 200:) end
no larger than one inch equals twenty feet (1 " =20') and must contain the followfng'information:
subdivision name
''" zoning of tract and adjacent '
name & address of owner(:)
properties
se. name & address of subdivider
building setback lines by notation
(if other than owner)
or typical lot layout
>•
,' P' l name of surveyor, engineer,
3 ;, location and width of existing and
clandscape
architect or architect.
proposed easements (drainage,
address, registration # and seal
/ utilities, roads, etc.)
j(title)
Preliminary Plan
t/ existing. proposed and adjoining
scale, north arrow
rights -of -way including dimensions
(D
date (including revision dates)
✓
and street names and state road
Ew
township, tax map - block -lot
numbers. Lineal feet of rood
+J w
''i
references
centerlines and approximate
Parent Parcel Identification E
acreage of new street rights -cf-
w _(,[_
deed book and paps N of property
to be subdivided '
way
existing and proposed utilities,
CL m
_L4_ boundary described with bearings
J
including type, sizes, hydrants,
E H
/ and distances
/ valves, manholes
total acreage of the tract and
existing and proposed curbs,
at m
acreage of lots, including and
gutter* and culverts, including
U M
a) m
excluding area within rights -of-
sizes and grades
tr
way
control corner C�
z� location and width of alleys,
sidewalks, bike lanes, transit
systems, and bus stops
(please complete
reverse side)
3. Where municipal or OWASA sewer is not available, a copy of the Preliminary Plat indicating
Health Department soils analysis approval /denial for each lot shown thereon.
4. Where s private road is proposed a written statement by the applicant or his /her authorized
representative which sets forth the justification for a private road (see Section IV- 6-3-d -1 of the
Orange County Subdivision Regulations).
5. P uxiliary documents, in draft form, prepared in accordance with Section •Vt of. this Ordinance
which assure complation'and /or maintenance of improvements required by this Ordinance.
Such documents may include, but not be limited to, a private road maintenance agreement, and
articles of incorporation and restrictive covenants pertaining to a homeowner's association.
These documents may be required as necessary as evidence that the ordinance requirements
are being met.
6. Fee - $350.00 plus $6.00 per lot (1 fee for preliminary and final plat).
7. If the subdivision contains 10 lots or more the following information shall be submitted with the
application:
a. _ Number of years to buildout.
b. Number of houses to be built during each year to buildout.
C. Average price of houses including lots for each year to buildout.
1, the applicant, hereby certifyAnt the foregoing application is complete and accurate.
DA'
RE OWNER'S SIGNATURE
DATE
FEES: Amount PS10- Date Paid ��'- Receipt a D
7
proposed lot lines with dimensions
_.IL. �
typical street cross - sections and
lot & block numbers
intersection details including
phasing lines
design and width of travelway and
topography at ten- foot (10)
shoulders
c
�
intervals
1/
horizontal alignment and general
0
<., >,.:;
water bodies, atreams, floodway
/
curve data (public roads)
H
and floodplains
!/ ' '
centerline radius on all proposed
p p
0
~
stream buffers phi ne ""'�1
location and size of
/
!/
streets
permanent features such as
parcels
0 v
dedicated for b c use , u li
p
buildings, cemeteries, historic
(D w
recreational use or reserved in
/
landmarks
.� 0
common, with purpose noted
_j,L
adjoining lot layout names of
impervious surface data (if located
adjoining property owners. if
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in water supply watershed)
subdivided, subdivision plat name,
�
vicinity map showing general
plat book & page number, and
0
E 0)
,/location of subdivision with streets
%
perimeter lot numbers.
N
p 0
and roads identified by State road
V ,
location and size of lots of
v
/
number and name
restricted development potential
v
landscaping and buffer
and notation on plot regarding
m 0
U N
requirements
./
L;/
same
stomnwater detention /or
township, corporate and extra-
and
territorial planning jurisdiction lines
retention sites and undisturbed
which cross the property
areas for infiltration purposes (if
located in water supply
watershed)
C. OTHER SUBMITTAL REQUIREMENTS
1.
Twenty -five (25) copies of the preliminary plat.
2.
One full size copy of an Orange County Tax map (with tax parcels involved clearly marked in
pencil).
3. Where municipal or OWASA sewer is not available, a copy of the Preliminary Plat indicating
Health Department soils analysis approval /denial for each lot shown thereon.
4. Where s private road is proposed a written statement by the applicant or his /her authorized
representative which sets forth the justification for a private road (see Section IV- 6-3-d -1 of the
Orange County Subdivision Regulations).
5. P uxiliary documents, in draft form, prepared in accordance with Section •Vt of. this Ordinance
which assure complation'and /or maintenance of improvements required by this Ordinance.
Such documents may include, but not be limited to, a private road maintenance agreement, and
articles of incorporation and restrictive covenants pertaining to a homeowner's association.
These documents may be required as necessary as evidence that the ordinance requirements
are being met.
6. Fee - $350.00 plus $6.00 per lot (1 fee for preliminary and final plat).
7. If the subdivision contains 10 lots or more the following information shall be submitted with the
application:
a. _ Number of years to buildout.
b. Number of houses to be built during each year to buildout.
C. Average price of houses including lots for each year to buildout.
1, the applicant, hereby certifyAnt the foregoing application is complete and accurate.
DA'
RE OWNER'S SIGNATURE
DATE
FEES: Amount PS10- Date Paid ��'- Receipt a D
7
8
PRIVATE ROAD JUSTIFICATION
for
Carl and Teresa Chambers
Tax Map #2.33..25
PIN #9858 -72 -4859
1. This Private Road. Justification is for the 60 foot proposed private drive located in the
proposed subdivision for Carl and Teresa Chambers located on the north side of Carr
Store Road (SR 1352), addresses the criteria on pages 30a and 30b of the Orange
County Subdivision Regulations (revised October 16, 1990).
2. The private drive (Pore Drive) will be built to Class A standards according to Orange
County Subdivision Regulations. This private road will be serving the proposed 8 lots.
A perpetual Road Maintenance Agreement will be submitted with the final map and
recorded at the Orange County Register of Deeds office upon final approval by the
County Attorney. Also upon final approval, a road sign will be installed.
3. The design of this subdivision preserves the rural character by doubling the minimum lot
size. Also, each lot in this subdivision will have setbacks greater than required (50 foot
front, 30 foot size and -rear).
4. This property is wooded with mature hardwoods, pines and small hardwoods. There will
be restrictive covenants prohibiting clear cutting of any lot.
5. Due to the length of the proposed private drive (Pore Drive) and the low density of this
subdivision, Pore Drive would not be accepted by the North Carolina Department of
Transportation for maintenance.
6. This subdivision is designed by the Flexible Development standards (conservation
option). The current design has preserved 9.35 acres (49 %) of the total area of this
tract in a conservation easement to protect wildlife corridors and mature hardwoods.
7. This property is located in the Upper Eno watershed; therefore, a private road with lot
sizes doubled will decrease the amount of impervious surface and minimize the amount
of storm water runoff.
8. Restrictive covenants will be put on record prohibiting any further subdividing of this
Property
E
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,� dC Grove ---- ° `
CARL 8t TERESA CHAMBERS
MAJOR SUBDIVISION PRELIMINARY PLAN - -- SITE LOCATION
1.1 = 4000' f 1 N
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6.9305
CARL 8Z TERESA CHAMBERS
MAIOR SUBDIVISION PRELIMINARY
00
11
ORANGE COUNTIt . LANNING BOARD MINUTES 12,3197
Cameron reported that there was a presentation by the State Historic
Preservation Office defining and describing the National Register of
Historic Places and how an application is reviewed and ..accepted. Goals
were discussed and they decided to once again study the preservation
of the St. Mary's Road corridor.
d. Ordinance Review Committee
Nor meeting.
e. Shaping Orange County's Future
Allison reported that the six subcommittees continue to meet, identifying
issues and formulating goals. The first draft report is due to the Board of
Commissioners in March. He noted that he attended meetings for two of
the committes, Economy and Tmnsportation/Inftastructure and Services
Committee. The Economy Group is working on issues such as creating
jobs, and other things relevant to the economy. The Transportation/
Infrastructure Committee split into two groups. The group working on
infrastructure will concentrate primarily on sewage disposal and related
issues and work on services later. The next scheduled meeting -for the
Transportation Committee is December 9. Allison continued to urge citizen
participation on the committees. They would lice to have as much citizen
input as possible to be sure that all issues are covered.
AGENDA ITEM ft SUBDIVISION APPLICATIONS
a. Concept Plans
(1) Property of Carl dt Teresa Chambers
(8 Lots - Cedar Grove)
Presentation by Emily Cameron.
The property is located in Cedar Grove Township north of Carr Store Road
(SR 1126) between NC Highway 86 and Compton Road (SR 1353) and
adjacent to the East Fork of the Eno River as shown on the vicinity map.
The current zoning is Agricultural Residential (AR), Upper Eno Critical
Area and Protected Watershed.
The total acreage of the tract is 19 acres. Most of the northern half of the
site is a broad, flat ridge top. The rest of the site slopes gently toward the
river to the west and to the south where drainage ways join to form an .
Intermittent stream flowing to the river. The stream is not indicated on the
USGS topographic map and does not require a stream buffer. Except for
the soils along the drainage ways, the remainder of the site is generally well
drained and suable for septic systems.
The property is entirely wooded. The majority of tree cover consists of
mature hardwoods. Approximately twenty percent of the site is in early
succession as a former field returns to forest. Two large specimen twin
trees are indicated on the Concept Plan site analysis. Following the site
visit, the proposed road location was adjusted to preserve what are probably
the largest uves on the property.
12
The applicants have submitted a Concept Plan for subdividing the property
into eight (8) new residential lots that average 237 acres in size. one 5.
acre lot is proposed in the Upper Eno Critical Area. The lots will have
individual wells and septic systems. Access to Carr Store road will be from
Pore Drive, a proposed Class A private road to be constructed as an
extension of an existing access easement to serve the subdivision. The road
will end in a cul de sac. A right -of -way stub out is not recommended
because the adjacent land to the north is permanently reserved for flood
control purposes.
The Concept Plan follows the conservation option of fleadble development
as described in the Subdivision Regulations. The proposal includes 935
acres or 49% open space. The open space will be privately owned as part
of the lots and will be reserved through a conservation easement or
restrictive covenants. The open space protects wooded land on gentle
slopes, streams, the adjacent stream buffers, as well as buffers along each
lot line and the subdivision boundaries.
The applicant's private road justification and the Staffs evaluation are
attachments to these minutes on pages / 3 — ! rI . The private road is.
justified through larger lots, larger setbacks, location in a protected
watershed, and restrictive covenants to protect permanent open space and
prohibit further subdivision. The summary of the Neighborhood
Information Meeting is an attachment to these minutes on page (f .
The Planning Staff recommends approval of the Concept Plan for the
Chambers property under the conservation option of flexible development
with a Class A private road and two conditions:
1) Access to all lots shall be limited to Pore Drive; and
2) With the Preliminary Plan, submit draft forms of the homeowners
association documents, road maintenance agreement, and restrictive
covenants and/or a conservation easementwhich contain use and
maintenance provisions for the open space. The restrictive
covenants or the conservation easement shall designate a third
party as an alternate grantee, in the event the homeowners
association is eliminated.
Katz asked for clarification of what protection of the area means in a
conservation plan. Cameron responded.that it will be included in the
covenants to what extent the area will be protected. Katz continued, asking
If the ordinance has minimum requirements such as no structures. Cameron
responded that there would be a limit of clearing or disturbance of open
space and only 506A of the conservation area could be used for septic
.systems.. Other sections of the ordinance provide for protection by.stream _ _-
buffers and setbacks
Selkirk asked about the property to the east Cameron.responded that it is a
large tract but is not designated as a wildlife &wklor.in the inventory of
natural areas: Selkirk continued asking abonf dweUmgs on fife adjacenF
properties. Cameron responded that there were lots created through the
minor subdivision process and a Road Maintenance Agreement already
13
exists. Thus, an amendment to the existing agreement will add the
proposed lots.
Selkirk asked about driveway locations for the existing lots and Cameron
indicated those areas on the vicinity map.
Barrows asked about the last sentence of condition #2 requiring the '
appointment of a third party in the event the Homeowner's Association. is
eliminated. Cameron responded that such a condition had been added to
chister and open space plans in order to be sure that it would be permanent
and the homeowners could not vote to change that part of the covenants.
The Planning Director had indicated that condition should be on all plans.
Walters asked what groups or person(s) could be designated as third parties.
Cameron responded that there are other entities that would qualify such as
Triangle Land Conservancy or The Nature Conservancy. There are not
really a lot of options at this time.
Strayhorn asked for clarification about a maintenance agreement on open
space on an individual lot. Cameron responded that she felt maintenance
also means adhering to whatever standards have been set in the covenants
and as conditions of subdivision approval. References could be made to
clearing storm damage. Also, improvements could be a part of the open
space. Stmyhorn continued that his concern was with the wording when it
applies to an individual lot; the wording was probably suitable for common
open space.
Price asked about the private road Cameron responded that was an existing
easement that was acquired with the previous minor subdivision and there is
a road maintenance agreement on file already. However, the road has not
been constructed since there were only two lots. It will be constructed to
Class A standards within the easement. Price continued expressing concern
with the two acre tract to the east. Cameron responded that property should
already be a party to the road maintenance agreement since that lot was
created by the minor subdivision.
Barrows asked if the concerns expressed at the Neighborhood Information
Meeting have been adequately addressed and Cameron indicated then was
a good discussion with questions regarding drainage and she felt all-of the
concerns have been addressed.
MOTION: Allison moved approval as recommended by the Planning Staff. Seconded
by Strayhorn.
VOTE: Unanimous.
(2) Woodgmet Subdivision
.. ... (27 Loa - Cheeks Township)
Cameron distributed letters that have been received since agenda materials
were distributed.
The property is located in Cheeks Township at the southern intersection of
Moorefields Road (SR 1135) and Dimmocks Mill Road (SR 1134) on the
14
DRAFT
ability to provide service. Lincoln responded that responses from those
agencies will be included in the Preliminary Plan materials.
Strayhorn indicated that he felt this plan was better than a conventional
subdivision plan; the road is the main issue and DOT could be asked to
revisit the site and provide more information to the Planning Staff.
McAdams stated that the applicant has met the criteria for a private road
and he also felt there would be some loss of lots due to the suitability of
soils for septic systems.
It was determined that condition #I regarding public roads should be
deleted. McAdams noted that if DOT did not see fit to realign the road then
the Planning Board, as a safety measure, could require turn lanes.
MOTION: Katz moved denial of the concept plan noting the dangers and that with the
traffic increase it would only become worse.
Motion died for lack of second.
MOTION: Allison moved approval as recommended by the Planning Staff deleting
condition #1 requiring public roads adding the condition that NCDOT be
contacted for more information regarding alignment of the road. Seconded
by Strayhorn.
VOTE: 6 in favor.
1 opposed (Katz - reasons already stated).
Strayhorn stated that this proposed development is probably only the first of
many to come. If this is not the type of development desired, then, the
community needs to get active to try and change what is allowed in order to
avoid such situations in the future.
Andrews also commented that the location is some distance from area
schools and expressed concern that several school buses would be required
to serve this subdivision once it is built out.
Barrows reminded citizens that Township Advisory Council meetings are
the best way to get concerns regarding development to the Planning Board
and on to the Commissioners. She encouraged them to attend TAC
meetings and express their concerns.
b. Preliminary Plans
0 (1) Carl & Teresa Chambers
(8 Lots - Cedar Grove Township)
Presentation by Jim Hinkley.
The proposed eight -lot Chambers major subdivision is located in Cedar
Grove Township (Tax Map No. 2.33..2J) on the north side of Carr Store
Road (SR 1352) between NC 86 and the intersections of Compton Road
(SR 1353) and Eno Cemetery Road (SR 1383).
{
K�/
The area is designated as Agricultural Residential in the adopted Land Use
Element of the Comprehensive Plan, and accordingly is zoned AR(U -ENO-
PW)-- Agricultural Residential (Upper Eno Protected Watershed). An
exception to this zoning is found in the southernmost 2.5 acres of Lot 1 on
the south side of the proposed subdivision where the designation is AR(U-
ENO-CA) Agricultural Residential (Upper Eno Critical Area). Surrounding
land uses are wooded and single family residential. Adjoining parcels are
zoned AR
The proposed subdivision encompasses 19 acres. It consists of seven two-
acre lots and a five -acre lot located partially in the Upper Eno Critical Area.
Lot sizes average 2.37a.
The subdivision would be accessed from the north side of Carr Store Road
via existing Pore Road (private) —a Class A cul de sac to be constructed as
an extension of an existing access easement which the developers propose
to change the name from Pore Road to Chambers Court. The Class A
designation is justified because there are large lots and wider setbacks, and
the proposed development is located in a protected watershed. Moreover,
covenants will protect permanent open space and prohibit further
subdivision. No stubout is recommended for the proposed subdivision
because lands to the north are reserved permanently for flood .control
purposes, and lands to the west lie within the 100 -year floodplain along the
East Fork Eno River.
Following the flexible development option as offered in Section IV -B -10 of
the Subdivision Regulations, the Concept Plan was approved by the
Planning Board on December 3, 1997. The proposal includes 9.35 acres or
49% open space which will be privately owned and reserved in the form of
conservation easements surrounding identified building areas. The purpose
of the easements is to protect woodlands on gentle slopes, streams, and
adjacent stream buffers. In addition to these natural buffers along each lot
line, easements follow the subdivision boundaries.
Planning Staff recommends approval of the Preliminary Plan for the Carl
and Teresa Chambers Major Subdivision, with conditions listed in the
Resolution of Approval (copy an attachment on pages ) and the
recommendation that conservation easements not be included in the 50'
front setbacks designated for the development. This suggestion would
remove 1.6a of open space making the total 7.75a or 41 %.
MOTION: Selkirk moved approval as recommended by the Planning Staff with the
conditions listed in the Resolution of Approval and the recommendation
regarding conservation easements. Seconded by Andrews.
VOTE: Unanimous.
(2) Village of the Oaks, Phase V
(9 Lots - Bingham Township)
Presentation by Jim Hinkley.
The applicant proposes a nine -lot major subdivision which is shown as
straddling the Orange - Alamance County Line in the northwest quadrant of
15
RESOLUTION
OF
THE ORANGE COUNTY BOARD OF COMMISSIONERS
Date
Name of Subdivision
Owner /Applicant
March 17, 1999
Carl and Teresa Chambers Major Subdivision
Carl and Teresa Chambers
/X/-- ? _3-99 7
The Board of County Commissioners hereby approves the Carl and Teresa Chambers Subdivision
Preliminary Plat, dated November 20, 1998, and subject to fulfillment of requirements specified herein.
Before the Final Plat can be recorded:
A. Sewage Disposal
1. All lots shall contain adequate septic disposal and repair areas, approved by the Orange
County Division of Environmental Health.
2. Disclosure that the septic system location may restrict the size and location of
improvements shall be included in a document describing development restrictions to be
recorded concurrently with the Final Plat. The document disclosing that information on
the tentative location of septic systems is available from the Division of Environmental
Health.
B. Roads and Access
Pore Drive (Chambers Court) shall be constructed to Class A private road standards
within a 50 -foot right -of -way. Construction shall be inspected and approved by the
Orange County Erosion Control Division.
••
A letter of credit or escrow agreement or other security shall be submitted to secure
construction of Pore Drive (Chambers Court) to Orange County standards. An estimate
of the construction cost must be prepared by a certified/licensed engineer or grading
contractor and submitted to the Orange County Planning Department. The financial
guarantee must reflect 110 percent 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 Orange County.
2. An erosion control plan for construction of Pore Drive (Chambers Court) shall be
submitted by the applicant to the Erosion Control Division for review and approval.
3. A Private Road Maintenance Agreement shall be approved by the County Attorney and
recorded with the Final Plat.
2
4. An approved street name sign shall be erected at the intersection of Pore Drive
(Chambers Court) and Carr Store Road (SR 1352), as required in Section IV- B- 3 -c -12
Street Name Sims of the Orange County Subdivision Regulations. The applicant shall
submit either evidence that the signs are in place or a receipt for purchase of the signs.
5. Access to all eight lots shall be from Pore Drive (Chambers Court).
C. Land Use Buffers and Landscaping
Landscaping shall be installed or preserved as indicated on the approved landscape plan
for the subdivision and must be inspected and approved by the Planning Department.
2. 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.
D. Drainage
Impervious surface data for all eight lots, pursuant to Article 6.23 Extra Requirements
for Watershed Protection Overlay Districts of the Zoning Ordinance, shall be included in
the development restrictions and requirements document to be prepared by Planning
Staff and recorded concurrently with the Final Plat. The southern one -half of Lot 1 of the
subdivision is located in the U- ENO -CA Upper Eno Critical Area where impervious
surface limitations are six percent. The remainder of Lot 1 and the other seven lots are
located in the U- ENO -PW Upper Eno Protected Watershed where impervious surface
limitations are twelve percent, as designated in the Land Use Element of the
Comprehensive Plan. BMP's (Best Management Practices) cannot be used to satisfy
watershed requirements in this subdivision.
2. Drainage easements, as required, shall be located following review and approval of the
Erosion Control Plan.
Drainage culverts shall be sized and located as required by the Erosion Control Officer.
E. Parkland
Eight lots are to be created in the proposed subdivision. As per the decision of the
Department of Recreation and Parks, cash in the amount of $3,376 ($422 per lot) shall be
paid to Orange County as payment -in -lieu of parkland dedication. The proposed
subdivision is located within the service area of the Cedar Grove Community Park.
F. Miscellaneous
The Final Plat shall contain a title block and vicinity map in accordance with Section
V -D -2 Title Block and V -D -3 Vicinityy ap of the Subdivision Regulations.
Minimum building setbacks and conservation easements shall be stated on the plat and
in a document describing development restrictions and requirements to be prepared by
Planning Staff and recorded concurrently with the Final Plat.
G. Certifications
3
A Certificate of Survey and Accuracy signed by a registered Land Surveyor shall be
notarized on the face of the Final Plat.
A Dedication and Maintenance Certificate, as provided in Section V -D -6 -b Certificates
of Dedication and Maintenance of the Subdivision Regulations, signed by the landowner
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. A Certificate of Approval shall be signed by the Planning Department.
Cart Chambers Beverly . Blythe
Clerk to the Board of County Commissioner;
ITeresa Chambers
We, Carl and Teresa Chambers, accept the above listed conditions of subdivision approval and
acknowledge that each must be met prior to recordation of the final plat.
Carl Chambers
T resa Chambers
12 • Ur-)
Date
17-le- —0 o
Date