HomeMy WebLinkAboutNS RES-2001-095 Resolution approving Birdsong Subdivision Preliminary Plan /D -/G-,�d�/
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RESOLUTION
OF
THE ORANGE COUNTY BOARD OF COMMISSIONERS
TO APPROVE
BIRDSONG SUBDIVISION PRELIMINARY PLAN
Date October 16, 2001
Name of Subdivision Birdsong
Owner/Applicant Elie & May Batouli
The Board of County Commissioners hereby approves the Preliminary _Plan for Birdsong
Subdivision as shown on the preliminary plat dated June 26, 2001 (last revised July 16, 2001)
and subject to fulfillment of requirements specified herein.
All roads 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 Birdsong Lane. This acceptance of dedication to
the general public shall be without maintenance responsibility. These roads shall be maintained
by the owner/applicant (Elie & May Batouli) until such time as they are accepted for
maintenance by NCDOT or some other governmental body. All easements for drainage,
pedestrian access or other purposes, all private open space shall likewise be maintained by the
owner/applicant until such time as they are transferred to the control of the Homeowners
Association or are accepted for maintenance by the County.
Before the Final Plat of Birdsong can be recorded:
A. Sewage Disposal
1. All lots shall contain adequate septic disposal and repair areas, approved by the
Orange County Division of Environmental Health. Septic areas shall not extend
into required landscape buffers.
2. Septic systems shall not be constructed or extend within twenty feet of the
western boundary line of the Birdsong subdivision adjacent to Wilson Place
(Dawn Lane). This twenty-foot buffer, located within the 100-foot building buffer
required for the conservation cluster flexible development design option, shall
remain undisturbed. Septic systems shall not be constructed or extend within 50
feet of the Little River Church Road right-of-way as specified in section C.3. of
this Resolution.
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3. 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.
B. Roads and Access
1. Birdsong Lane shall be constructed to NCDOT minor local standards with a 50-
foot right-of-way and 5-foot utility easements on each side. Construction shall be
inspected and approved by NCDOT.
OR
A letter of credit or escrow agreement or other security shall be submitted to
secure construction of Birdsong Lane 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 and
approved by the County Engineer. 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 the entire project, including Birdsong Lane, shall be
submitted by the applicant to the Orange County Erosion Control Division for
review and approval prior to any disturbance on the site. The Erosion Control
Plan shal[include a stormwater management plan that meets the requirements of
both the County and the Neuse River Basin rules.
3. Prior to any construction or any alteration of any existing access within the right-
of-way Little River Church Road (SR 1543), the developer/owner shall secure a
driveway permit from the NCDOT District Office. A copy of the NCDOT-
approved permit and letter to the Planning Department shall be submitted at the
same time as the request for Planning Department signatures on the Final Plat.
Sight distance triangles shall be shown at all intersections within the subdivision,
or included within the right-of-way of the proposed street.
4. Access to all lots shall be from Birdsong Lane. Driveway cuts for lots 1 and 26
shall be a minimum of 50 feet from the intersection with Little River Church Road.
This restriction shall be stated in a document to be prepared by Planning Staff
and recorded concurrently with the final plat. Non-vehicular access easements
(NVA)—areas where driveways shall not be located—shall also be shown on the
final plat.
5. An approved street name sign shall be erected at the intersections of: Little River
Church Road (SR 1543) and Birdsong Lane, as required in Section IV-8-3-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 prior to Planning Department signatures on the Final Plat.
6. The applicant shall dedicate, in fee simple to the North Carolina Department of
Transportation, an additional 5 feet or 35 feet from the centerline of the existing
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right-of-way whichever is greater, along those portions of the property that front
Little River Church Road (SR 1543) for future road improvements. The
dedication shall be shown on the final plat. Property lines to stop at new right-of-
way.
7. The applicant shall dedicate to the County a 50-foot "stub-out" between lots 14
and 15 along with 10-foot construction easements, for future road connections to
the west, as part of the Final Plat approval process. The Final Plat and
Declaration of Restrictions shall include provisions to revert the cul-de-sac areas
to the adjacent lots 13, 14, and 15 if and when the stub-out is constructed.
C. Land Use Buffers and Landscaping
1. Landscaping shall be installed or preserved as indicated on an approved
landscape plan and shall be inspected and approved by the Planning
Department prior to Final Plat approval and again prior to the transfer of control
of the Homeowners Association from the developer to the home owners as
provided by the recorded Declaration of Covenants, Conditions and Restrictions
for Birdsong Subdivision. Landscaping shall include a 30-foot Type A Land Use
Buffer along Little River Church Road.
OR
A letter of credit or escrow agreement or other security shall be submitted to
secure the required landscape installation and preservation. An estimate of the
cost for required preservation, new plantings, and their installation must be
provided. The financial guarantee shall reflect 110 percent of the estimate and
must be issued by an accredited financial institution licensed to do business in
North Carolina
2. A total of 50-feet along the Little River Church Road right-of-way shall remain
undisturbed. This buffer, which is separate from the right-of-way dedication
referenced in B.6. of this Resolution, shall consist of the 30-foot Type A Land
Use Buffer along Little River Church Road and an addition 20-foot area south of
the Land Use Buffer. The 20-foot additional buffer is to remain undisturbed.
Septic systems shall not extend into any portion of the combined 50-foot buffer
along Little River Church Road.
3. Notes to this effect shall be included on the Final Plat and in the Declaration of
Restrictions prepared by the Planning Department. Provisions for the 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
1. Impervious surface data for all lots, pursuant to Article 6.23 Extra Requirements
for Watershed Protection Overlay Districts of the Orange County Zoning
Ordinance, shall be included in the development restrictions,and requirements
document to be prepared by Planning Staff and recorded concurrently with the
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Final Plat. The impervious surface limitations for each lot shall indicate whether
the impervious surface includes or excludes one-half (1/2) of the roadway width
in the calculations.
2. Drainage easements shall be located on the Final Plat as required following
review and approval of the Erosion Control Plan.
3. Drainage culverts shall be sized and located as required by NCDOT and the
Orange County Erosion Control Officer.
E. Parkland
1. The proposed twenty-six lot subdivision is located within the Northern District
Park area. As per the decision of the Board of County Commissioners, cash in
the amount of$11,830 ($455/lot) shall be paid to Orange County as payment in
lieu of parkland dedication.
2. The second paragraph of Section IV-B-7-b of the Orange County Subdivision
Regulations references the Land Use Intensity (LUI)calculations in the Orange
County Zoning Ordinance, Articles 5.1.1 and 6.12, which require 0.028 square
feet of recreation space per land area dedicated to residential use [0.028* 51.55
= 1.44 acres or 62,626 square feet]. In those cases where the LUI calculation
results in a larger amount than the public recreation space requirement of 9157
acre per lot, the difference shall be established as private recreation space for
the use of the residents of the development(62,626– 19,869 = 42,757 square
feet(0.98 acre). The developer is offering 19.58 acres of open space (36%) to
be maintained by the Homeowners Association, which is acceptable to the
County provided that a minimum of 42,757 square feet of open space is
dedicated 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 Title Block and V-D-3 Vicinity Map of the Orange County
Subdivision Regulations.
2. The building buffer, building limit line, stream buffers—County and Neuse River
Basin, minimum building setbacks, easements, public (along Little River Church
Road) and private open space areas 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.
3. Drainage easements shall be provided as required by section D. item 2. outlined
above.
4. The Final Plat shall contain a note restricting any further subdivision on the site.
The Final Plat shall also contain a note prohibiting the any subdivision or
development within the open space or buffer areas.
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5. If any condition of this Resolution shall be held invalid or void, the Resolution
itself shall be void and of no effect.
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 landowners 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 all roads have
been constructed to State standards or that construction plans have been
approved.
4. A Certificate of Approval signed by the Orange County Planning and Inspections
Department.
NOW, THEREFORE BE IT RESOLVED, by the Board of Orange County Commissioners, that
the Preliminary Plan for Birdsong subdivision is approved in accordance with the above
mentioned conditions and attached Preliminary Plat dated June 26, 2001 (and last revised July
16, 2001).
Upon motion of Commissioner seconded by Commissioner
the foregoing resolution was adopted this the day of ., 2001.
1, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange,
North Carolina, 00 HEREBY CERTIFY that the foregoing is a true copy of so much of the
proceedings of said Board at a meeting held on , 2001 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 2001.
Clerk to the Board of Commissioners