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Home My WebLink AboutRES-2001-118 Resolution approving Birdsong Subdivision Preliminary Plan RESOLUTION • OF THE ORANGE COUNTY BOARD OF COMMISSIONNERS TO APPROVE BIRDSONG SUBDIVISION PRELIMINARY PLAN Date December 11, 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 November 21, 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.2. of this Resolution. 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 shall 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 0 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-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 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 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. 8. A 40-foot pedestrian and emergency vehicle easement shall be installed between lots 5 and 6. Designed as part of the pedestrian network, this easement shall contain a constructed travelway capable of supporting emergency vehicles. The Fire Marshal and local Fire Department Chief shall inspect and approve the travelway to ensure its accessibility to EMS vehicles prior to Final Plat approval. Once constructed, the easement and travelway shall be maintained by the Homeowners Association as provided by the recorded Declaration of Covenants, Conditions and Restrictions for Birdsong Subdivision. (See also Section F.7. of this Resolution.) 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. 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. The landscaping shall be maintained by the owner/applicant (Elie Batouli) until such time as it is accepted for maintenance by the homeowners association. 4. 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 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 i 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 " 54.66 = 1.53 acres or 66,647 square feet]. In those cases where the LUI calculation results in a larger amount than the public recreation space requirement of 1157 acre per lot, the difference shall be established as private recreation space for the use of the residents of the development (66,647– 19,869 = 46,778 square feet (1.07 acre). The developer is offering 20.44 acres of open space (37.4%) to be maintained by the Homeowners Association, including 2.24 acres in a designated active recreation area and 2.01 acres in passive pedestrian walkways. 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 100-foot building buffer, 65-foot 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. The series of shallow pools surrounding the drainageway shall be maintained by the Homeowners Association as provided by the recorded Declaration of Covenants, Conditions and Restrictions for Birdsong Subdivision to regulate the pond water height and minimize the potential for flooding. The Homeowners Association documents shall also include provisions for the humane and environmentally sensitive removal of beavers, if at some future time, the association chooses to remove the beavers from their current habitat in and around the ponds. 4. Drainage easements shall be provided as required by section D. item 2. outlined • above. 5. The Final Plat shall contain a note restricting any further subdivision on the site and the developer shall record a document restricting further subdivision of the adjacent three exempt lots served by May Drive, as agreed to by the owner/applicant. The Final Plat shall also contain a note prohibiting any subdivision, recombination or development within the open space or buffer areas. 6. The owner/applicant shall establish an easement on that portion of May Drive, which provides a second access for emergency vehicles from Little River Church Road (SR 1543) to the 40-foot combination pedestrian/ emergency vehicle access easement in Birdsong Subdivision as outlined in Section B.8. of this Resolution. 7. 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 November 21, 2001). Upon motion of Commissioner seconded by Commissioner the foregoing resolution was adopted this the MIX day of 2001. 1, 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 on ZgL-111 _, 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, thisag day of 200X. Clerk f6 the Wb-iird of Comm--i-s-Si6hers