HomeMy WebLinkAboutRES-2007-061 Resolution approving the Hasting Preliminary Plan~~a~~~ ~
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REOF THEN ~ ~ S ' a~ a G ~- Olo I
ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
Date of Meeting: August 21, 2007
Subdivision: The Hastings
Owners: Hart Construction and Development, LLC
Applicant: Steve Yuhasz, agent for Hart Construction and Development, LLC
The Orange County (the "County") Board of County Commissioners hereby approves The
Hastings Preliminary Plan, dated March 12, 2007, and containing five (5) lots, subject to
the fulfillment of requirements specified herein:
The applicant shall irrevocably dedicate Hastings Lane, the public road including its cul-de-
sac to the general public and shall construct the road to North Carolina Department of
Transportation (NCDOT) standards. The approval of this resolution authorizes and directs
the County Manager to accept for the County and on behalf of the public generally, the
offer of dedication of the public road. The County acceptance of the dedication to the
general public of the public road shall be without maintenance responsibility. The
owner/applicant shall maintain Hastings Lane including its cul-de-sac until such time as the
NCDOT or some other governmental body accepts the road for maintenance. Before any
final plat for the subdivision of any of the tracts shown on The Hastings preliminary plan
(hereafter the "Final Plat"), may be recorded the owner/applicant shall comply with the
following terms and conditions:
A. Sewage Disposal
1. Each residential lot shall contain an adequate area for aconventionally-sized septic
disposal system, and its associated repair area, approved by the County Division of
Environmental Health.
2. The septic system location may restrict the size and locatior of improvements. This
disclosure shall be included in a document describing development restriction 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
County Health Department, Division of Environmental Health. Each lot that does not
contain a suitable building site shall be designated both on the Final Plat and by
instrument recorded in the Orange County registry as restricted for development
potential as set forth in Section IV-B-2 of the Orange County Subdivision
Regulations.
3. The owner/applicant shall not destroy trees located within the primary tree
conservation areas as depicted and described in the Landscape Plan.
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B. Roads and Access
1. The owner/applicant shall, prior to the approval and recording of the Final Plat,
construct Hastings Lane to NCDOT standards, within afifty-foot (50') right-of-way,
with five-foot utility easements on each side, and with NCDOT construction
inspection and approval.
OR
The owner/applicant shall submit a letter of credit or an escrow agreement to secure
construction of the above public road improvements to NCDOT standards. A
certified/licensed engineer or grading contractor shall submit an estimate, as
specified in Section III-E-2 of the Orange County Subdivision Regulations, of the
construction cost to the Planning and Inspections Department (the Planning
Department). The financial guarantee shall reflect 110% of that construction cost
estimate and an accredited financial institution licensed to conduct business in
North Carolina shall issue such financial guarantee. The financial guarantee shall
be effective for 372 days after the County Manager signed the Certificate of
Improvements.
The document describing development restrictions to be recorded with the Final
Plat shall state that the County shall not release the financial guarantee until
NCDOT inspects and approves the road construction and provides written
certification of such approval.
2. The Final Plat shall state that all lots shall receive access from Hastings
Lane, and no driveways along Hastings Lane shall be permitted within fifty
feet (50') of the intersection of Hastings Lane and Union Grove Church
Road. A no vehicular access (NVA) shall be shown on the final plat along
Union Grove Church Road and along the first 50 feet of Hastings Lane.
3. The owner/applicant shall submit to the County Erosion Control Division for
review and approval, an erosion control plan for construction of Hastings
Lane, private recreation activities, and drainage improvements. This must
be submitted before any land disturbing activity on the site.
4. The owner/applicant shall erect an approved, double sided street name and
stop sign at the intersection of Hastings Lane and Union Grove Church Road
according to the provisions of Section IV-B-3-c-12 of the Orange County
Subdivision Regulations before Planning Department signatures on the Final
Plat.
5. Before any construction or alteration of any existing or proposed access within the
Union Grove Church Road right-of-way, the owner/applicant shall secure a driveway
permit from the NCDOT District Office. Owner/applicant shall submit a copy of such
NCDOT approval permit and letter to the Planning Department at the same time as
the request for Planning Department signatures on the Final Plat. The owner/
applicant shall perform no work in the Hastings Lane or Union Grove Church Road
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right-of-ways before issuance of approved NCDOT driveway permits and
encroachment agreements.
6. Sight triangles, ten feet by seventy feet (10' x 70'), shall be shown on the Final
Plat at the Hastings Lane and Union Grove Church Road intersection. The sight
distance triangle shall be exclusive of the proposed sign easement.
7. The owner shall dedicate, in fee simple, an additional 5 feet of right-of-way, or 35
feet from the centerline of the existing right of way, whichever is greater, along
Union Grove Church Road. Said dedication shall meet major collector right-of--way
standards, as identified in the Land Use Element of the Comprehensive Plan and
required in Section IV-B-3-c-1 of the Subdivision Regulations.
8. The owner shall dedicate, in fee simple, a 50-foot extension and a temporary 20-
foot construction easement on both sides of Hastings Lane from the cul-de-sac to
the eastern property line. A sign, between three (3) and four (4) square feet in area,
shall be placed at the terminus of Hastings Lane indicating that the street is subject
to future extension. Hastings Lane shall be clearly indicated on the Final Plat with
the words "Subject to future extension." The sign shall be erected prior to Planning
Department signature on the final plat.
C. Land Use Buffers and Landscaping
1. The owner/applicant shall install or preserve landscaping as indicated on the
approved Landscape Plan (open space and pathways plan), and the Planning
Department shall inspect and approve such landscaping before signing the Final
Plat. No part of the landscaping shall encroach into the ten-foot by seventy-
foot (10' x 70') sight triangles at the Union Grove Church Road intersection.
OR
The owner/applicant shall submit a letter of credit or escrow agreement to secure
required landscape installation and preservation. The owner/applicant shall
provide, as specified in Section IV-B-8-b-9 of the Orange county Subdivision
Regulations, an estimate of the cost for required preservation, plantings and their
installation. The financial guarantee shall reflect 110% of the estimate and be
issued by an accredited financial institution licensed to do business in North
Carolina.
2. Provision for protection of existing trees, as shown on the approved Landscape
Plan shall be included in a document describing development restrictions and
requirements that Planning Department staff prepares and shall be recorded
concurrently with the Final Plat. Clear cutting or other removal of any trees or other
vegetation on individual lots is prohibited as specified in Section IV-B-8-c of the
Orange County Subdivision Regulations.
3. The owner/applicant,shall provide a Type A Land Use Buffer along Union Grove
Church Road, as shown on the Preliminary Plan. The buffer shall be thirty feet (30')
wide and shall be composed of deciduous and/or evergreen vegetation, forming
semi-opaque intermittent visual obstructions from the ground to a height of at least
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thirty feet (30'). Said buffer shall be so noted on the plat, and detailed in a
document describing development restrictions and requirements prepared by
Planning Department staff and recorded concurrently with the Final Plat.
D. Drainage
Delineate all drainage easements on the Final Plat, as required following Erosion
Control Plan review and approval.
2. The owner/applicant shall size and locate all drainage culverts as required by
NCDOT and a North Carolina licensed Professional Engineer.
E. Parkland
1. The northwestern portion of the open space property along Long Branch Creek
shall be shown on the final plat and the owner/applicant shall provide a fee simple
dedication to the County along Long Branch Creek for recreation and open space.
This dedication is approximately 1 acre and will be delineated on the final plat and
conveyed to Orange County via general warranty deed.
2. The developer has proposed a total of 8.06 acres of open space; 7 acres to be
owned and maintained by the Homeowner's Association(s), and 1 acre of primary
open space located in the northern most corner of the property to be owned by
Orange County. This open space shall be shown and labeled accordingly on the
final plat.
The owner/applicant shall designate recreational space as specified in Section IV-B-
7-b of the County Subdivision Regulations and in Article 6.12.2.6 in the Zoning
Ordinance. The total recreation space required for this development is
approximately half an acre. The recreational space requirement is satisfied by the 1
acre of public open space dedicated to the County, together with the 7.06 acres of
private recreation space to be maintained by the HOA. The 7.06 acres of private
recreation space shall be shown and labeled appropriately on the final plat.
3. No activities are allowed in prescribed open space, except recreational facilities that
may include walking trails.
Except for construction of footpaths and stormwater improvements, all areas in
reserved open space shall remain in their natural condition.
F. Construction Waste
Per the Orange County Solid Waste Ordinance, clean wood waste, scrap metal. and
corrugated cardboard, all present construction waste, shall be recycled.
2. All haulers of construction waste shall be property licensed. Developer shall verify
that all haulers of construction waste have proper licensing.
3. Before any on-site construction activity, the owner/applicant shall hold apre-
construction conference with the County Solid Waste staff. This meeting may be
held contemporaneously held with other development officials.
G. Miscellaneous
1. The Final Plat shall contain a title block and vicinity map according to standards
found in Section V-D-2 and V-D-3 of the County Subdivision Regulations.
2. The Final Plat shall reflect the drainage easements as required in D.1 above.
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3. The portion of open space not deeded to Orange County shall be conveyed by deed
to the Homeowner's Association(s). The County Attorney shall approve all
instruments of conveyance and restriction prior to recordation.
4. Before installation of street lighting within the subdivision, the owner/applicant shall
submit a lighting plan that includes fixture type to the Planning Department for
review and approval.
5. The Planning and Solid Waste Departments shall review and approve a plan for the
collection and proper disposal of all tree stumps and fallen logs before the Final Plat
approval.
6. Clean wood waste, scrap metal, and corrugated cardboard, shall be recycled.
7. Before installation of a subdivision sign, County Planning shall review and approve
a sign site plan, construction drawings, and location.
8. 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,
drainage easements and buffers, for maintenance.
G. Certifications
1. The owner/applicant shall have notarized on the face of the Final Plat a Certificate
of Survey and Accuracy signed by a Professional Land Surveyor.
2. The owner/applicant shall sign a Certification of Declaration and Maintenance in the
form provided in Section V-D-6-b of the County Subdivision Regulations on the face
of the plat and shall record concurrently with the Final Plat a document describing
development restrictions.
3. The NCDOT shall certify that of Hastings Lane has been entirely constructed or
construction secured by a letter of credit to NCDOT standards per construction
plans prior to Planning Department signatures on the Final Plat.
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NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that the Preliminary Plan for The Hastings Subdivision is approved in
accordance with the above mentioned conditions and attached Preliminary Plat dated
March 13, 2007.
Upon motion of Commissioner ,seconded by Commissioner
the foregoing recommendation was adopted this the ~'=~ day of
2007.
I, Donna Baker, Clerk to the Board of Commissioners for the County of Orange,
North Carolina, DO HEREBY CERTIFY that the fo egoing is a true copy of so much of the
proceedings of said Board at a meeting held on , 2007 as relates in any
way to the adoption of the foregoing and that said p ceedings are recorded in Minute
Book No. of the minutes of said Board.
WITNESS my hand and the seal of said County, this ~ day of ~~, 2007:
Cle k to the Board of Commissioners