HomeMy WebLinkAboutAgenda - 11-17-1998 - 9fI
ORANGECOUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 17, 1998
Action Agenda
Item #_94
SUBJECT: PRICE CREEK ESTATES -- PRELIMINARY PLAN
ACTION BY: December 15, 1998
DEPARTMENT: PLANNING PUBLIC HEARING: Yes _X_No
BUDGET AMENDMENT REQUIRED: Yes _X No
ATTACHMENT(S):
Application
Resolution of Approval
Maps
Preliminary Plan
Planning Board Minutes of 10 -7 -98
Recreation and Parks Advisory Council Recommendation
INFORMATION CONTACT: Karen Lincoln
EXTENSION: 2583
TELEPHONE NUMBERS:
Hillsborough
-732-8181
Durham
-688-7331
Mebane
-227-2031
Chapel Hill
-968-4501
PURPOSE: Consideration of the Preliminary Plan for Price Creek Estates
BACKGROUND: The northern portion of the proposed 21 -lot Price Creek Estates major subdivision
straddles the Orange - Chatham County Line in Chapel Hill Township. Proposed lots 11
& 12 lie partially in Orange County. The 19 other lots have already received approval
from Chatham County (Phase I, Lots 1 - 9, was recorded in Chatham County Register
of Deeds Office on March 17, 1998, and Phase II, Lots 10 - 12, was recorded in that
office on April 21, 1998). Access to the proposed subdivision is exclusively through
Orange County via Booth Road (SR 1531) and newly named Amber Wood Run
(changed from Price Creek Drive in the Concept Plan because of duplication), a
proposed public residential street which intersects with Booth Road. (The public road
has been constructed and NCDOT has given the Chatham County Planning
Department documentation that the road meets their minimum construction standards.)
The Orange County portions of Lots 11 & 12 (totaling five acres) are to be created
from an existing parcel of record (Tax Map No. 7. 120.39).
2'
A major subdivision application is required in Orange County because a new public
road —Amber Wood Run —is being dedicated.
Booth Road runs into US 15 -501 in the Starpoint Community, just south of the Orange
County Line near the Smith Level Road intersection. To the north, Booth Road ends in
the Orange County subdivision of Oak Crest adjacent to Price Creek Estates.
Surrounding land uses are residential. The adopted Land Use Element of the
Comprehensive Plan designates the area as Rural Buffer, and the current zoning is
RB(UNIV -PW)--Rural Buffer (University Lake Protected Watershed). Flexible
Development regulations do not apply in the Rural Buffer.
Much of the acreage slopes to the west draining into the East Branch of Price Creek
which flows into University Lake approximately one mile north. The lots will be
served by individual wells and septic systems. Given that Chatham and Orange
Counties are in different DOT districts, letters from NCDOT are included in the
attachments to explain how construction of the proposed road and future maintenance
will be reviewed and implemented.
The property's western boundary in Orange County borders East Branch of Price
Creek for approximately 250 feet. The calculated stream buffer width for lot 12
adjacent to East Branch of Price Creek ranges from 50 to 100 feet beyond the 100 -year
flood line, depending on types of vegetative cover and percent -of -slope calculations.
Including the floodplain, the stream buffer line lies 160 -180 feet from the creek.
The Joint Planning Area Land Use Plan designates floodplains and wetlands along
drainage tributaries and steep slope areas (15% or greater) as resource protection areas
which form the basis for a comprehensive parks and open space system linked by the
greenways along drainageways and pedestrian routes along thoroughfares. Orange
County Subdivision Regulations require dedication of resource protection areas or
payment in lieu of such dedication as a means of acquiring such areas. Section IV -B -7-
b-6 of the Orange County Subdivision Regulations further stipulates that before
approving a payment in lieu of dedication, the Board of Commissioners shall find that
no recreation and/or open space sites have been designated on the adopted
Comprehensive Plan for the property in question.
As provided by the subdivision regulations, the minimum dedication of resource
protection areas on the site is one - twentieth (1/20) of an acre for each dwelling unit.
For two dwelling units, the required minimum dedication of resource protection area is
4,356 square feet. [In addition, the zoning ordinance requires a minimum recreation
space ratio of .028 for lots within the Rural Buffer. The recreation space ratio for the
five acres in Price Creek Estates that lie in Orange County is 6,098.4 square feet. The
ordinance requires the difference between the area required for recreation and the area
required to be dedicated for resource protection (in this case, 1,742.2 square feet) to be
established as private recreation use for the residents of the development.]
At one time the property was located entirely within Chatham County. Orange and
Chatham Counties agreed on a new location of the county line in 1989. The boundary
J
was moved south approximately 240 feet. The Joint Planning Area Land Use Plan
was adopted October 13. 1986. The Orange County Board of Commissioners
approved the resurvey of the Orange /Chatham County boundary which affected the
subject property on August 15, 1989.
On November 3, 1998, the Orange County Recreation and Parks Advisory Council, by
consensus, recommended payment in lieu of the dedication of greenway area for the
two lots in Orange County for the following reasons.
1. The minimum amount of land required for dedication would result in a very
narrow strip (17.5 feet approx.) east of Price Creek and would not adequately
accommodate a trail that could adjoin dedicated recreation area in Oak Crest
Subdivision to the north.
2. Only two lots of the subdivision are in Orange County and any trail established in
the greenway would dead end 250 feet south at the Chatham County line.
3. Price Creek is very low in elevation and a large floodplain area would require a
much greater width to construct even a primitive trail. Trails meandering along
streams require a greenway width of 30 - 50 feet or more in order to reach higher
elevations and to circumvent trees and slopes.
4. The county line was resurveyed in 1989 and the proposed area to be dedicated was
not part of Orange County at the time the Joint Land Use Plan was adopted. This
area, therefore, is not included in that plan.
The Orange County Fire Marshal and EMS indicate that the subdivision can be served
adequately by their respective agencies.
In researching the issue of accepting payment in lieu of park land dedication, planning
staff discovered that Orange Affiliated Partners, developers of Oak Crest Subdivision,
never recorded the approved deed for the public dedication of parcels 35 and 36 as
identified on the tax map 120, Chapel Hill Township. The dedication of the two tracts,
a 2.43 acre tract and a 3.91 acre tract, for public use for natural areas and
recreation/open space purposes was a condition of approval for that subdivision
(approved April, 1989).
On October 7, 1998, the Planning Board approved the Preliminary Plan for Price
Creek Estates per the attached Resolution of Approval. The vote was unanimous.
RECOMMENDATION: The administration recommends approval of the Price Creek Estates Preliminary
Plan. The administration further recommends that Orange Affiliated Partners be
contacted to complete documentation for that subdivision (complete conveyance to
Orange County of the area dedicated for public use in Oak Crest Subdivision as
provided per condition of approval for that subdivision).
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APPLICATIO "'- FOR PRELIMINARY PLC ^' APPROVAL 4
MAJOR SUBDIVISION
ORANGE COUNTY (� a /s3
DATE: q u6-1 . 3 9a
PLEASE TYPE OR PRINT (INK ONLY)
SUBDIVISION NAME: f R} CE C-z2EIL ESTATES
LOCATION: C-1 4T'L+,Cr Yl CO, LI )3E O N
OWNER /DEVELOPER: ���C.E C2Ec}c_ L�- VFtOPrr LV� �02�- �a�a�oN
ADDRESS: -P [� P�C�C Z2 S3 TELEPHONE NO.: 919 - 9(-S -
AGENT /CONTACT: 1ZHtcC.L. TELEPHONE NO.: 19- G�Z -9zzZ
919- 7z9 --4r1-7
A. SUMMARY INFORMATION: ^►
Orange County Tax Map Block Lot(s) _ Tawnship C44P&L- I41t-
Zoning District(s): V Uar- - Z o (-*G_ M , r' J I M LlrN L47-
AI V- Phi
Total Number of Acres: 113C • 2.o•w• Phases: I
Total Number of Lots: Z Average Lot Size: 3.3 Ct_ Minimum I-at Size:
Number/Type of Structures: (existing) NONE (proposed) �_ SI,uG _pl
Lineal Feet in Streets: ZCC % r- Acres in Open Space: N6"I=
Water Supply: —f\JA- Public (specify) 4,14 - Community (,UC —t;L_ Individual
Wastewater Disposal: -NA-- Public (specify) —NJA- Community SE-:Pl -lC. Individual
School District: C-•42QB Fire District: _ GPA7=f,�
General Land Uses in Area: TIL ---
Critical Areas: PK(CE CZEE1L stream /drainageways Iv 0 QS flood prone areas
Ulf 1 V. — P W watershed (specify) (� c rnAX historic sites
other (explain)
Is the property to be subdivided currently under 'farm use value taxation'? Yes_ No -. if 'yes',
please contact the Orange County Tax Office. Subdivision of the property may require payment of
deferred taxes under 'farm use value taxation'.
S. All plats must be submitted on sheet no smaller than one inch equals two- hundred feet (1'x200'1 and
no larger than one inch equals twenty feet (1'20') and must contain the fo(lowing'information:
y- subdivision name _ zoning of tract and adjacent
name & address of awner(s) properties
name & address of subdivider building setback lines by notation
(if other than owner) or typical lot layout
> name of surveyor, engineer, V location and width of existing and
C landscape architect or architect, proposed easements (drainage,
address, re istration x and seal
C utilities, roads, etc.)
v/ (title) Preliminary Plan u' existing. J � ry g, proposed and adjoining
scale, north arrow rights -of -way including dimensions
C) date (including revision dates) and street names and state road
(r1 U
township, tax map- black -lat numbers. Lineal feet of road
w references centerlines and approximate
Parent Parcel Identification
acreage of new street rights -of-
CU Q ? deed bock and page p at property / way
w to be subdivided V existing and proposed utilities,
-4 CC >` f ? boundary described with bearings including type, sizes, hydrants,
G
E c " and distances _ valves, manholes
,
�o V total acreage of the tract and existing and proposed curbs,
acreage of lots, including and gutters and culverts, including
U 7 excluding area within rights -of- sizes and grades
a� co
L L / way -''' location and width of alleys,
v ✓ control corner sidewalks, bike lanes, transit
systems, and bus stops
(please complete reverse side)
RESOLUTION
..81M
THE ORANGE COUNTY BOARD OF COMMISSIONERS
Date
Name of Subdivision
Owner /Applicant
November 4. 1998
Price Creek Estates
Price Creek Development Corporation
Warren D. Mitchell, P.E. and John A. McPhaul. III
The Board of County Commissioners hereby approves those portions of lots 11 & 12 within
Orange Countv as shown on the Price Creek Estates Subdivision preliminary plat dated August
20, 1998, subject to fulfillment of requirements specified herein.
That section of Amber Wood Run located in Orange County shall be irrevocably dedicated to the
general public and be constructed to standards of the North Carolina Department of
Transportation ( NCDOT). The approval of this resolution authorizes and directs the Orange
County Manager to accept for the County, and on behalf of the public generally, the offer of
dedication of the aforesaid segment of Amber Wood Run. This acceptance of dedication to the
general public shall be without maintenance responsibility. This road shall be maintained by the
owner /applicant (Pace Creek Development Corporation) until such time as it is accepted for
maintenance by NCDOT or some other governmental body.
Before the Final Plat of Price Creek Estates Subdivision can be recorded:
A. Sewage Disposal
Lots 11 & 12 shall contain adequate septic disposal and repair areas, approved by
the Orange County Division of Environmental Health.
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. That segment of Amber Wood Run located in Orange County shall be constructed
to NCDOT standards within a 50 -foot right -of -way. Construction shall be
inspected and approved by NCDOT.
�� .
6
A letter of credit or escrow agreement or other security shall be submitted to
secure construction of that part of Amber Wood Run within Orange County to
NCDOT 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 NCDOT.
2. An erosion control plan for construction of that portion of Amber Wood Run
which lies in Orange County shall be submitted by the applicant to the Orange
County Erosion Control Division for review and approval.
An approved street name sign shall be erected at the intersection of Amber Wood
Run and Booth Road, 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 sign is in place or a receipt for purchase of the sign.
4. Access to lots 11 & 12 shall be from Amber Wood Run exclusively. No lots shall
have direct driveway access onto Booth Road.
C. Land Use Buffers and Landscaping
Landscaping shall be installed or preserved as indicated on the approved
landscape. plan for lots 11 & 12 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 lots 11 & 12, 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.
2. Drainage easement for lot 11, as required, shall be located following review and
approval of the Erosion Control Plan.
A stream buffer for lot 12, as proposed on the Preliminary Plat, shall be contained
entirely within the area indicated on the Preliminary Plan. The width will range
from 50 to 100 feet beyond the 100 -year flood line, depending upon vegetative
cover types and percent -of -slope calculations as set forth in Article 6.23.7 51rearn
Buffers of the Zoning Ordinance.
4. Drainage culverts shall be sized and located as required by NCDOT and the
Erosion Control Officer.
E. Parkland
There are two lots (1 I & 12) to be created within the Orange County portion of
the proposed 21 -lot Price Creek Estates subdivision. As per the decision of the
Department of Recreation and Parks, cash in the amount of 5910 (S455 X 2 lots)
shall be paid to Orange County as payment -in -lieu of parkland dedication.
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 Vicinitv ylap of the Subdivision
Regulations.
2. The following easement shall be shown on the plat:
a. Drainage easement as required above in 1 D.2.
Minimum building setbacks 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
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 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.
NCDOT shall certify that Amber Wood Run has been constructed to State
standards or that construction plans have been approved.
3
4. A Certificate of Approval shall be signed by the Planning Department.
Warren D. Mitchell, P.E. Beverly A. Blythe
Price Creek Development Corporation Clerk to the Board of County Commissioners
John A. McPhaul, III
Price Creek Development Corporation
We, Warren D. Mitchell and John A. McPhaul, for and on behalf of Price Creek Development
Corporation, accept the above listed conditions of subdivision approval and acknowledge that
each must be met prior to recordation of the final plat.
Warren D. Mitchell, P.E.
John A. McPhaul, III
4
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' PRICE CREEK ESTATES MAJOR SUBDIVISION
Preliminary Plan
Tax Map No. 7.120..39 Scale 1" = 600' N�
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_ EAST BRANCH PRICE CREEK � �R�P��N �F i - y o.�rnem _
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+/�w �� = � =- � \ � - EXCEPTION OF THE AREA SNOWN ON EXi511NG
� . --_ - -,__"� � '- l0T I 1 NEAR BOOiH ROAO AND iNE , �2
� �d �� �� �� � �. IXIStINC 30' PIPE. THERE IS A WI% OF BWNDSARY J � /
I �� � PINES ANO HAROWOODS UP i0 IS" DIA. ���� , �� _-� � � •� d
�1-.«.ew�r s` I.94 ACRES . ►����\� f . � �� �„`�� .�/ °d
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tae.a1re a�.a b�el � . _.,\ �< a � __ QQ $�`. �0 ry��
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I. APPUCJ1ilON FOR L01S 1 I812 !. BUILOINC SETBACK$ � SO FEET e � \ 7 ' � '- ' 225��e � ��$.� i
2. RURA� BUFFER jONING - j AC. MIN14UA1 S. lOTS IIR12 ARE 6.8 ACRES 10TAL \e�{'�_ .\ � 1 _ �/ __ i� �4 L ���-� c y�ok'Q
°`�. \ . \ , ( a . __;9,pR NGINE��� �� 3-
UNN-PW -��.. ' -..._� --_.. n u i G a
CROPOSED ROAO � 200 FEET �---- -� .
3. OEED BOOK REFERENCE 7�2-875 �"� - I � ( E `
PROPOSED R.O.W.�11 �C. � u �-�J 1��N�wp�
��2-8» 6. 10T5 wiLL HAVE WELLS ANO ORAINFIELDS. - Wa/�`^^"
PUT SUDE REFERENCE 98-4g 9. M,VCIUUM IuVERw0U5 ;
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12
developer has contacted NCDOT concerning that possibility and NCDOT
will not grant driveway access for those lots due to poor visibility.
Price expressed concern about the suitability of property along the eastern
side of the site for development since it is shown as conservation area
(some steep slopes) in the conservation plan. She wanted to know why that
area is proposed as open space. Mr. Cogswell responded that the
conservation plan uses that area to provide continuity between common
open space area in the northern portion of the plan and the privately held
open space along the creek in the southern portion of the plan.
MOTION: Woods moved not to accept the conventional plan and to ask the applicant
to resubmit the conservation plan with the following revisions: end
Windfall Lane at (extension of) Old Forest Drive and make lot 16 a flag lot
and limit access to lots 1 -4 with one (1) driveway entrance across the creek.
Barrows stated that the Board cannot vote for the plans individually - must
vote to approve or not approve both plans.
MOTION: Woods moved to deny both plans. Seconded by Price.
VOTE: 3 in favor (Woods, Price, Searles).
7 opposed (Andrews, Barrows, Brooks, Katz, ivlcAdams, Strayhom,
Walters).
MOTION: Walters moved to approve both plans with recommendations except for the
connection of the public road to Old Forest Drive.
Barrows asked if Walters would amend her motion to state that the
connection not be made contingent on documentation from EMS that the
connection is not needed. Walters amended the motion as requested. Katz
seconded the motion as amended.
VOTE: 7 in favor (Andrews, Barrows, Brooks, Kau, McAdams, Strayhom,
Walters).
3 opposed (Price, Searles, Woods).
b. Preliminary Plans
(1) Price Creek Estates
Presentation by Jim Hinkley.
The northern portion of the proposed 21 -lot Price Creek Estates major
subdivision straddles the Orange- Chatham County Line in Chapel Hill
Township. Proposed lots I 1 & 12 lie partially in Orange County. The 19
other lots have already received approval from Chatham County. Access to
the proposed subdivision is exclusively through Orange County via Booth
Road (SR 153 1) and newly named Amber Wood Run (changed from Price
Creek Drive in the Concept Plan because of duplication), a proposed public
residential street which intersects with Booth Road. The Orange County
portions of Lou 11 & 12 (totaling five acres) are to be created from an
existing parcel of record (Tax Map No. 7.120.39).
13
A major subdivision application is required in Orange County because a
new public road - Amber Wood Run - is being dedicated.
The Orange County Fire Marshal and EMS indicate that the subdivision can
be served adequately by their respective agencies.
The Planning Board approved the Concept Plan at its meeting June 3, 1993
with the condition that the name Price Creek Drive must be chanted to one
that is not duplicative of other road names in Orange County. Please note
that on the proposed Preliminary Plat the name of the road has been
changed to Amber Wood Run. This new name has been approved by the
Planning Staff.
At one time the property was located entirely within Chatham County.
Orange and Chatham Counties agreed on a new location of the county line
in 1990 -91. The boundary was moved south approximately 240 feet.
Booth Road runs into US 15 -501 in the Starpoint Community, just south of
the Orange County Line near the Smith Level Road intersection. To the
north, Booth Road ends in the Orange County subdivision of Oak Crest
adjacent to Price Creek Estates.
Surrounding land uses are residential. The adopted Land Use Element of
the Comprehensive Plan designates the area as Rural Buffer, and the current
zoning is RB(UNIV -PW)- -Rural Buffer (University Lake Protected
Watershed). Flexible Development regulations do not apply in the Rural
Buffer.
Much of the acreage slopes to the west draining into the East Branch of
Price Creek which flows into University Lake approximately one mile
north. The lots will be served by individual wells and septic systems. Given
that Chatham and Orange Counties are in different DOT districts, letters
from NCDOT included in the abstract attachments explain how
construction of the proposed road and future maintenance will be reviewed
and implemented.
The calculated stream buffer width for lot 12 adjacent to East Branch of
Price Creek ranges from 50 to 100 feet beyond the 100 -year flood line,
depending on types of vegetative cover and percent -of -slope calculations.
Including the floodplain, the stream buffer line lies 160 -180 feet from the
creek.
The Planning Staff recommends approval of the Preliminary Plan for Price
Creek Estates per the Resolution of Approval (an attachment to these
minutes on pages
tiIOTIOIY: Andrews moved approval per the Resolution of Approval as recommended
by the Planning Staff. Seconded by Strayhorn.
VOTE: Unanimous.
E CG
N c Orange irounr Recreation and Pazks Depart anent
H p.0. Box 5 i8 • '.iCo w. T:ycn Suet • HiisL—rovgh. NC 2-2 -S
TO: Karen Lincoln
Orange County Planning Department
FR0�1: B Director
DATE: November 4, 1998
RE: Price Creek Subdivision
As per our conversation regarding Price Creek Subdivision, the following concerns
establishes the reason for the staff recommendation to accept payment in lieu of
land dedication. Having reviewed the concept plan, we determined that the minimum
amount of land required for dedication would result in a very narrow strip east of
Price Creek and would not adequately accommodate a trail that could adjoin the
dedicated lands of Oak Crest Subdivision to the north. Other concerns were that
there were only two lots in Orange County and that the trail going south for
approximately 250 feet would meet a dead end at the Chatham County line. Also,
the land east of Price Creek is very low in elevation and a large flood plain area
would require a much greater width to construct even a primitive trail.
It has also been pointed out that two parcels of land in the Oak Crest subdivision
intended to be deeded to Orange County in 1989 had in fact not been deeded at all
and that the lots in question may not have been included in the Joint Planning Area
maps showing proposed greenways since the county line has changed.
Last night at the November 3 meeting of the Recreation and Parks Advisory Council
all information was again reviewed. It was the consensus of the members present
that the minimum amount of land required for dedication (1/20 of an acre) of the
approximately five acres of the two lots ( 411 and #12) would not be beneficial to
the proposed greenway to the north and that trails meandering along streams should
be constructed in greenways with a width of 30 -50 feet or more especially in flood
plains in order to reach higher elevations and circumvent trees and slopes. Members
of the Advisory Council recommended accepting payment in lieu of dedication at
3455 per lot unless more land could be acquired.
Please contact me if I can be of further assistance.
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