HomeMy WebLinkAboutRES-2006-103 Bennett-Andrews Preliminary Plan~~ ~ ~l ~l~u~ ~
RESOLUTION
OF THE
ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
Date of Meeting: December 4, 2006
Name of Subdivision: The Bennett-Andrews Subdivision
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Owners: Yukio and Yasuko Tanaka, Orchard Lane Development, LLC and Kathy
Cheek and Karen Andrews
Applicant: Bruce Ballentine, agent for Black Diamond Properties
The Orange County (the "County") Board of County Commissioners hereby approves The
Bennett-Andrews Tracts Preliminary Plan, dated October 20, 2006, and containing twenty (20)
lots, subject to the fulfillment of requirements specified herein:
The applicant shall irrevocably dedicate Orchard Trail, the public road including its cul-de-sac to
the general public and 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 Orchard Trail
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 Bennett-Andrews 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 location 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, inventoried and located within the primary
tree conservation areas as depicted and described in the Landscape Plan for any reason
including to install on-site waste disposal system drain or repair fields.
B. Roads and Access
1. The owner/applicant shall, prior to the approval and recording of the Final Plat, construct
Orchard Trail to NCDOT standards, within afifty-foot (50') right-of--way, with ten-foot
(10') utility easements on each side, and with NCDOT construction inspection and
approval. Within the dedicated Jones Ferry Road right-of--way, the owner/applicant shall
construct a right turn deceleration lane with NCDOT construction inspection and
approval. And, within the private recreation area, the owner/applicant shall construct the
approximately 46001inear feet long footpath shown on the Landscape Plan with County
inspection and approval.
OR
The owner/applicant shall submit a letter of credit, escrow agreement or bond to secure
construction of the above public road improvements to NCDOT standards and the
footpath within the private recreation area to County 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 and
until the County approves the footpath construction and provides written certification of
such approval.
2. The Final Plat shall state that all lots [except for the lot owned by Yukio & Yasuko
Tanaka bearing Orange County PIN# 9767-28-8177 (the "Tanaka Tract") and the lot
owned by Marvin J. & Kathryn A. Cheek bearing Orange County PIN# 9767-48-1894
(the "Cheek Tract")]shall receive .access from Orchard Trail, and no driveways along
Orchard Trail shall be permitted within fifty feet (50') of the intersection of Orchard Trail
with Jones Ferry Road.
3. The owner/applicant shall submit to the County Erosion Control Division for review and
approval, before any land disturbing activity on the site, an erosion control plan for
construction of Orchard Trail, private recreation activities, and drainage improvements.
4. The owner/applicant shall erect an approved street name sign at the intersection of
Orchard Trail and Jones Ferry 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.
Before any construction or alteration of any existing access within the Jones Ferry right-
of-way, the owner/applicant shall secure a driveway permit from the NCDOT District
Offices. 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 Orchard
Trail or Jones Ferry Road 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
Orchard Trail and Jones Ferry intersection. The sight distance triangle shall be exclusive
of the proposed sign easement.
7. The owner shall dedicate, in fee simple, additional right-of--way as shown on the
Preliminary Plan. 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. A sign, between three (3) and four (4) square feet in area, shall be placed at the terminus
of Orchard Trail indicating that the street is subject to future extension. Orchard Trail
shall be clearly indicated on the Final Plat with the words "Subject to future extension."
9. The owner/applicant shall prepare and deliver a deed to Orange County conveying a 50"
right of way extending from the terminus of the Orchard Lane cul-de-sac to the western
property line of the tract owned by Jean T. Corbett tract PIN # 9767-49-7807. This right
of way will be held by Orange County for the immediate purpose of providing public
access to the publicly dedicated greenway and recreation open space as contemplated in
Sections E. 1 & 2 of this Resolution. In the future the right of way may be used for the
purpose of extending Orchard Trail if development to the east requires access to the
public road. The deed conveying the right of way shall be prepared on a form approved
by the County Attorney, provide for atwenty-foot (20') temporary construction
easements on each side of the 50-feet right of way, and be recorded contemporaneously
with the recording of the Final Plat. Developer shall show the fifty foot right of way and
the twenty-foot temporary construction easements 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 Jones Ferry intersection.
OR
The owner/applicant shall submit a letter of credit, escrow agreement or bond 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 prepared and 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 Orchard Trail and
Jones Ferry 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
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. The owner/applicant
shall convey the thirty-foot (30') buffer easement along Orchard Trail and Jones Ferry
Road to the Homeowner's Association (HOA) for enforcement and maintenance.
4. The stream buffer areas along the rear of Lots 10, 11, and 12 as shown on the
preliminary plat shall have similar development limitations and permitted uses. as the
adjacent HOA open space.
D. Drainage
Locate 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 developer has offered and shall dedicate a total of 29.08 acres of open space; 26.22
acres to be owned and maintained by the Homeowner's Association(s), and 2.86 acres of
primary open space located in the northern most corner of the property to be owned by
Orange County. The publicly dedicated property shall be connected to the 50 feet wide
future public road "stubout" corridor shown on the Preliminary Plan. The open space
shall be shown and labeled accordingly on the final plat.
2. 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 2.38 acres. The
recreation space requirement is satisfied by the 2.86 acres of public open space dedicated
to the County, together with the 8.67 acres of private recreation area to be maintained by
the HOA. The 8.67 acres of private recreation space shall be shown and labeled
appropriately on the final plat. The approximately 46001inear feet long footpath shown
on the Landscape Plan shall be constructed by the developer.
3. The owner/applicant shall obtain an approved NCDOT encroachment agreement for the
footpath that falls within the •Orchard Trail right-of--way before construction of the
footpath.
4. No activities are allowed in prescribed open space, except recreational facilities.
5. Except for construction of the footpath and stormwater improvements, all areas in open
space shall remain in their natural condition.
6. The Cheek Tract and the Tanaka Tract shall be burdened by an easement for the benefit
of a homeowner's association(s) that permanently reserves the 33% of open space
depicted on the Preliminary Plan of both of these tracts for open space. Similarly, the
open space contained in Lots 10, 11 & 12 shall be burdened by an easement for the
benefit of the homeowner's association. The easements, in a form approved by the
County Attorney, shall be recorded contemporaneously with the recording of the Final
Plat. The Homeowner's Association(s) that benefits from the easements described in
this paragraph shall be organized and existing under the corporate law of the State of
North Carolina prior to recording any Final Plat.
F. Miscellaneous
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.
3. The portion of open space not deeded to Orange County shall be conveyed by deed to the
Homeowner's Association(s). Provided, however, the open space conveyance as to the
open space located on the Cheek Tract and the Tanaka Tract shall be by deed of easement
with restrictive covenants. All instruments of conveyance and restriction shall be
approved by the County Attorney prior to their recording.
4. Before installation of lighting within the subdivision, the owner/applicant shall submit a
lighting plan 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. The owner/applicant shall note impervious cover square footage limits for each lot on the
Final Plat.
7. Clean wood waste, scrap metal, and corrugated cardboard, must be recycled. Burning of
construction debris and land clearing debris is prohibited.
8. All haulers of construction waste shall have proper licensing.
9. Before any on-site construction activity, the owner/applicant shall hold apre-construction
conference with the County Solid Waste staff. This maybe the. same meeting held with
other development officials.
10. Before installation of a subdivision sign, County Planning shall review and approve a site
plan and construction drawings.
11. The owner/applicant shall install a water withdrawal signage for emergency fire
suppression in Moore Pond (a private pond) off of Deerfield Trail with signage
acceptable to the Orange County Fire Marshal.
12. 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, in-lot POSA's, drainage easements and
buffers, for maintenance.
13. The maximum imperviousness surface coverage that maybe allocated to the 18
individual conservation cluster subdivision lots shall be 115,869 square feet, plus 1.08
acres on the Tanaka estate lot and 0.33 acres on the Cheek estae lot, as noted in the
Impervious Data on Sheet C-1 of the Bennett-Andrews Preliminary Plan. This figure is
exclusive of Orchard Lane right-of--way.
14. The Final Plat(s) shall contain no reference to future subdivision of any of the lots shown
on the Preliminary Plan other than a note which may contain the substance of General
Note 16 shown on the Preliminary Plan. Further subdivision of the lots within the
conservation cluster portion of The Bennett-Andrews Subdivision is prohibited.
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 Orchard Trail has. been entirely constructed to NCDOT
standards or that construction plans have been approved before Planning Department
signatures on the Final Plat.
4. The Planning Department shall sign a Certificate of Approval.
NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners
that The Orchard Subdivision Preliminary Plan is approved in accordance with the above
mentioned conditions and attached Preliminary Plat, dated February 22, 2006, last revised on
October 20, 2006.
Upon motion of Commissioner seconded by Commissioner ,
the foregoing resolution was adopted this the 'day of 2006.
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 ~, , 2006 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, this ~ day of 2006.
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Clerk to the Board of Commissioners
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