HomeMy WebLinkAboutRES-2004-063 Phase One DAVI-NET - Preliminary Plan Resolution~~'S - Boa y- o ~ 3
RESOLUTION ~ ~ / 7 .- ao v ~
OF THE ~ G
ORANGE COUNTY BOARD OF COUNTY COMI~~IISSIONERS
Date At,o,cr ~~, ~.fln4
Name of Subdivision PhacP [)nP WAVY-NF.T
Owner/Applicant ('.rahtrPP RanP, T.T.C:
The Board of County Commissioners hereby approves Phase One DAVI-NET subdivision
preliminary plat, dated Apri12, 2004 and last revised July 30, 2004 containing 10 lots, subject
to the fulfillment of requirements specified herein.
Egg Lane and Suze Drive shall be irrevocably dedicated to the general public and be
constructed to standards of the North Carolina Department of Transportation. The approval of
this resolution authorizes and directs the Orange County Manager to accept for Orange County
and on behalf of the public generally, the offer of dedication of Egg Lane and Suze Drive.
This acceptance by Orange County of the dedication to the general public of Egg Lane and
Suze Drive shall be without maintenance responsibility. These roads shall be maintained by
the owner/applicant until such time as they are accepted for maintenance by the North Carolina
Department of Transportation or some other governmental body. Before the Final Plat of
Phase One DAVI-NET can be recorded:
A. Sewage Disposal
Each residential lot shall contain an adequate area for septic disposal, and repair
area, approved by the Orange County Division of Environmental Health.
2. The septic system location may restrict the size and location of improvements.
This disclosure shall be included in a document describing development
restrictions to be recorded concurrently with the Final Plat. The document shall
also disclose that information regarding the tentative location of septic systems
is available from the Orange County Health Department, Division of
Environmental Health.
B. Roads and Access
Egg Lane, including a stubout area at the southern boundary of the subdivision
property, and Suze Drive shall be constructed to standards of the North Carolina
Department of Transportation; within a 50 foot right-of-way with 5 foot utility
easements on each side, and the construction shall be inspected and approved by
NCDOT. The pavement width for Suze Drive shall be a minimum of 18 feet and
the pavement width for Egg Lane shall be a minimum of 20 feet.
OR
A letter of credit, escrow agreement, or bond shall be submitted to secure
construction of Egg Lane and Suze Drive to the standards of the North Cazolina
Department of Transportation. An estimate of the construction cost must be
prepazed by a certified/licensed engineer or grading contractor and submitted to
the Planning and Inspections Department. The financial guazantee must reflect
110 % of that estimate and be issued by an accredited financial institution
licensed to do business in North Carolina.
The document describing development restrictions to be recorded with the Final
Plat shall state that the financial guazantee will not be released until the road
construction has been inspected and approved by NCDOT.
2. All lots shall receive access from the internal subdivision roads. No driveways
shall be permitted within 50' of a street intersection.
3. Contemporaneously with the construction of Egg Lane a temporary turnaround
shall be constructed within the right of way of the stubout azea at the south end
of Egg Lane to North Carolina Department of Transportation standards as
provided for in B.1 above.
4. An erosion control plan for construction of the roads shall be submitted by the
applicant to the Orange County Erosion Control Division for review and
approval prior to any land disturbing activity on the site.
5. Approved double bladed street name signs shall be erected at all intersections
prior to Planning Department signatures on the final plat.
6, Prior to any construction or alteration of any existing access within the right-of-
way of Old N.C. 10, the developer/owner shall secure a driveway permit from
the NCDOT District Office. Submit a copy of the NCDOT- approved permit
and letter to the Planning Department at the same time as the request for
Planning Department signatures on the Final Plat.
7. Sight triangles (10' x 70') shall be shown on the Final Plat at each intersection.
8. Dedicate in fee simple, 5' additional right -of--way or 35 feet from the centerline
of the existing right-of--way, whichever is greater, along Mt. Hermon Church
Road and along both sides of Old N.C. 10 to meet collector roads right-of--way
standards as identified in the Comprehensive Plan and required in Section IV-B-
3-c-1 of the Subdivision Regulations.
9. Provide a no-vehicular access easement at the northern boundary of the property
coterminus with the northern line of that portion of the property within Old
N.C. 10 that is to be dedicated as required in condition number 8 of this
Resolution of Approval, to prohibit vehiculaz access from Old N. C. 10 to the
tract of land identified on the above described preliminary plat as the "169 Acc.
+/- remaining" save and except a 190-foot gap, 95 feet on either side of the
point where the centerline of the 50-foot right-of-way of Egg Lane intersects
with Old N.C. 10. This no-vehicular access easement shall be depicted on the
Final Plat. The Final Plat shall also contain a note related to this no-vehicular
access easement which states that if the 23.72 acres of property located between
North Carolina Railroad and Old N.C. 10 is subdivided into no more than two
lots, the location of the no-vehicular access easement may be adjusted with the
approval of the Orange County Board of Commissioners of a preliminary plan
of the subdivision creating these two lots. In any case the 23.72 acres of
property located between the North Carolina Railroad and Old N.C. 10 may not
be subdivided into more than eight lots counted cumulatively for all subsequent
phases, and the Final Plat shall also contain a note related to this restriction.
C. Land Use Buffers and Landscaping
Landscaping shall be installed and preserved to meet the requirements of Section
IV-B-8-d-1, and must be inspected and approved by the Planning and
Inspections Department prior to signatures on fmal plat. Landscaping shall be
placed behind the sight triangles at intersections.
OR
Guaranteed financially through a letter of credit, escrow agreement, or bond
submitted to secure required landscape installation and preservation. An
estimate of the cost for required preservation, plantings and their installation
must be provided. The financial guarantee shall reflect 110 percent of the
estimate and be issued by an accredited financial institution licensed to do
business in North Carolina.
Provisions for protection of existing trees as shown on the approved landscape
plan shall be included in a document describing development restrictions and
requirements to be prepared by Planning Staff and recorded concurrently -with
the Final Plat. No clear cutting on individual lots per section IV-B-8-c of the
Orange County Subdivision Regulations is permitted.
2. A Type A Land Use Buffer shall be provided along Old N.C. 10 and along Mt.
Hermon Church Road as shown on the .Preliminary Plan. The buffer shall be 75
feet in width along Old N.C. 10 and 30 feet along Mt. Hermon Church Road
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 (30) feet. Said buffer shall be so noted on the plat, and described in a
document describing development restrictions and requirements to be prepared _
by Planning Staff and recorded concurrently with the Final Plat. Easements for
the portion of buffers within lots shall be conveyed to the Homeowners
Association for enforcement and maintenance.
D. Drainage
1. Locate drainage easements on the final plat as required following review and
approval of the Erosion Control Plan.
2. Drainage culverts shall be sized and located as required by both NCDOT and a
North Carolina licensed Professional Engineer.
E. Parkland
1. Cash in the amount of $4,220.00 shall be paid to Orange County as payment in
lieu of parkland dedication prior to recordation of the final plat.
2. The second paragraph of Section 1V-B-7-b of the Orange County Subdivision
Regulations references the required minimum recreation space ratio in the
Orange County Zoning Ordinance, Article 5.1.1, which requires 0.028 square
feet of recreation space per land area dedicated to residential use [0.028 * 9.24
_ .25 acres or .11,269 square feet]. In those cases where the required minimum
recreation space results in a larger amount than the public recreation space
requirement of 1/57 acre per lot, the difference shall be established as private
recreation space for the use of the residents of the development (11,269 - 7,642
= 3,627 square feet (.08 acres). The developer has planned 9.11 acres of open
space (39.8 %) to be maintained by the Homeowners Association, which satisfies
the County requirements for private recreation use.
F. Miscellaneous
1. The Final Plat shall contain a title block and vicinity map in accordance with
Section V-D-2 -and V-D-3 of the Orange County Subdivision Regulations.
2. Drainage easements shall be provided as required by D.1. above.
3. The open space, which shall include a minimum 10 foot wide access between
lots 6 and 7, shall be conveyed. into the Homeowner's Association, which shall
be formed and approved by the, County Attorney prior to recordation of the final
plat.
4. All signs shall meet the zoning ordinance permitting requirements.
G. Certifications
1. A Certificate of Survey and Accuracy signed by a Professional Land Surveyor
shall be notarized on the face of the Final Plat.
3. A Certificate of Dedication and Maintenance in the. form provided in Section
V-D-6-b of the Orange County 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. The North Carolina Department of Transportation shall certify that the platted
portion of both Egg Lane, including its stubout and temporary turnaround, and
Suze Drive have been entirely constructed to State standards or that construction
plans have been approved prior to Planning Department signatures on final plat.
4. A Certificate of Approval signed by the Orange County Planning and
Inspections Department.
NOW THEREFORE BE IT RESOLVED by the Boazd of Orange County Commissioners that
the Preliminary Plan for Phase One DAVI-NET Subdivision is approved in accordance with
the above mentioned conditions and attached Preliminary Plat dated April 2, 2004 and last
revised July 30, 2004.
Upon motion of Commissioner '
seconded by Commissioner ~~~,~~--~;
the foregoing resolution was adopted this the day of ~C~I~'`=' 2004.
I, Donna S. Baker, Clerk to the Boazd of Commissioners for the County of Orange,
North Cazolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the
proceedings of said Boazd at a meeting held on /7 , 2004 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 j day , 20Q~
,~~~' Cle k to the azd of Commissioners
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