HomeMy WebLinkAboutRES-2002-054 Tuscany Ridge Subdivision Resolution 5 / l
RESOLUTION
OF THE g
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date: June 27, 2002
Name of Subdivision: Tuscany Ridge
Owner/Applicant: Red Zin Development
The Board of County Commissioners hereby approves Tuscany Ridge subdivision
preliminary plat, dated March 27, 2002 and revised June 7, 2002 and containing 22
lots, subject to the fulfillment of requirements specified herein.
Tuscany Drive and Front Street shall be irrevocably dedicated to the general public and
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
Tuscany Drive and Front Street. This acceptance by Orange County of the dedication
to the general public of Tuscany Drive and Front Street 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 Tuscany
Ridge can be recorded:
A. Sewage Disposal
1. 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
1. Tuscany Drive and Front Street 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 shall be a
minimum of 20 feet.
OR
A letter of credit, escrow agreement, or bond shall be submitted to secure
construction of Tuscany Drive and Front Street to the standards of the
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North Carolina Department of Transportation. An estimate of the
construction cost must be prepared by a certified/licensed engineer or
grading contractor and submitted to the Planning and Inspections
Department. The financial guarantee 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 guarantee 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. Lot 1 shall
have a joint driveway with the William Bird property; all other lots shall
implement combined driveways not to exceed 40 feet in width.
3. 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.
4. Approved street name signs shall be erected at all intersections.prior to
Planning Department signatures on the final plat.
5. Prior to any construction or alteration of any existing access within the
right-of-way of Arthur Minnis Road, 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.
6. Sight triangles (10'x 70') shall be shown on the Final Plat at each
intersection.
7. The section of Arthur Minnis Road from Rocky Ridge Road to the western
property line of this subdivision shall be constructed and paved to NCDOT
standards prior to Planning Department signatures on the Final Plat.
8. Dedicate, in fee simple, five (5) feet of additional right-of-way, or 35 feet
from the centerline of the existing right-of-way, whichever is greater, along
the frontage of Arthur Minnis Road. Said dedication shall meet major
collector road right-of-way standards as identified in the Comprehensive
Plan and required in Section IV-B-3-c-1 of the Subdivision Regulations.
9. Temporary twenty (20)feet in width construction easements shall be
shown on the final plat along lots 9, 10, 18 and 19.
10. Signs (between 3 and 4 square feet) shall be placed at the termini of
Tuscany Drive and Front Street indicating that each street is subject to
future extension.
C. Land Use Buffers and Landscaping
1. Landscaping shall be installed or preserved as indicated on the approved
landscape plan (open space and pathways plan), and shall be inspected
and approved by the Planning and Inspections Department prior to
signatures on final plat. No part of the landscaping shall encroach into the
10' x 70' 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-13-8-c of the Orange County Subdivision Regulations is
permitted.
2. A Type A Land Use Buffer shall be provided along Tuscany Drive and
along Front Street as shown on the Preliminary Plan. The buffer shall be
30 feet in width along Tuscany Drive and Front Street 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. Thirty-(30) foot buffer easements along both streets
shall be conveyed to the Homeowner's 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 NCDOT and a
North Carolina licensed Professional Engineer.
E. Parkland
1. Cash in the amount of$10,010.00 shall be paid to Orange County as
payment in lieu of parkland dedication prior to recordation of the final plat.
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2. The second paragraph of Section IV-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 * 55.61 = 1.56 acres or 67,826 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 (67,826 — 16,813 = 51,013
square feet (1.17 acres). The developer has planned 6.0 acres of open
space (11%)to be owned and maintained by the Homeowner's
Association, which will meet the County's requirement 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 shall be conveyed into the Homeowner's Association.
4. A 30-foot pedestrian access easement across lot five (5) shall be shown
on the final plat connecting the open space to the William Bird property.
5. Prior to installation of lighting within the subdivision a lighting plan shall be
submitted to the planning office for review and approval.
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.
2. A Certificate of Declaration 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 Tuscany Drive and Front Street 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.
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NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that the Preliminary Plan for Tuscany Ridge Subdivision is approved in
accordance with the above mentioned conditions and attached Preliminary Plat dated
March 27, 2002.
Upon motion of Commissioner , seconded bye Commissioner
the foregoing resolution was adopted this the o?7 day of
2002.
I, Beverly A. Blythe, 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 one �7 , 2002 as
relates in 'any way to the adoption of the foregoing and that said proceedings are
recorded in Minute Book No. �k of the minutes of said Board.
WITNESS my hand and the seal of said County, this �� day of
2002.
Clerk/to the Board of eommissioners
�ounfy. of
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