HomeMy WebLinkAboutRES-1999-066 Resolution to Deny Woodgreen Subdivision Preliminary Plat 1 o h-r-mcNM�N% z
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
TO DENY
WOODGREEN SUBDIVISION PRELIMIINARY PLAT
Date October 5,1999
Name of Subdivision Woodgreen Subdivision
Owner/Applicant Tri-Star Brokerage&Development,Inc.
Dennis Evans,Mike Barr
The Board of County Commissioners hereby denies approval of Woodgreen subdivision for twenty-five (25)
residential lots as shown on the preliminary plat, dated February 9, 1998, and last revised December 29, 1998, as
further revised with identification of septic system type received on or about August 16, 1999, and screening
diagram received on or about April 26, 1999,based on the following.
1. The development does not provide the minimum 33% open space required in Flexible Development
since the applicant has not demonstrated that the land use buffers proposed along Moorefields Road and
along the north boundary and a portion of the east boundary"screen the view of[the] development and
preserve the character of the rural public roads"as required to satisfy criteria for Secondary Open Space.
Therefore,those.buffers may not count toward meeting the minimum open space requirement in Flexible
Development.A sketch and area calculations demonstrating this are attached to this Resolution and
Made a part of it.
2. The submitted landscape plan does not provide the following items needed to meet requirements of Orange
County Subdivision Regulations Section IV-B-8-b:
a) designation of tree protection areas accompanied by a note stating, "Existing trees will be preserved to meet
the landscape requirements of Section IV-B-8-d-1 of the Orange County Subdivision Regulations." The
only tree protection areas shown on the plat are within the 100 year flood plain and the adjacent stream
buffer.No other tree protection areas are indicated.There is nothing on the landscape plan stating that or
showing how existing trees will be preserved.
b) the location of berms, walls, and fences with an indication of their height and construction materials: the
plat indicates a "220' area of open space to have a planted 6' high berm and the applicant(s) submitted a
separate diagram(Alternative Screening Along Moorefields Road To Be Used Instead of Berm)that
shows two 30'sections of fencing and gives lengths and depth of fencing but does not indicate height nor
fencing materials.A letter,dated June 3, 1999, from the applicant(s) attorney states that the"clients plan to
have wooden fencing along the two entrances off of Moorefields Road,and similar fencing at the corner of
Dimmocks Mill Road and running the entire length of Dimmocks Mill Road.However,none of the
proposed fencing shown contains sufficient specifications to demonstrate necessary requirements of the
landscape plan are met.
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c) where existing trees and shrubs are not sufficient to meet requirements of Section IV-B-8, all proposed
plantings to fulfill landscape and buffer requirements labeled according to species (common name),
spacing and size at installation and at least two alternative species for each proposed planting shown: the
landscape plan indicates locations where Leyland Cypress are proposed to be planted and states that"all
planted trees must be at least O tall when planted."No alternative species are named.
3. Proposed septic system easement agreements for the proposed septic easements for Lots 1 and 2 across
Cedar Ridge Road cannot be approved because the North Carolina Department of Transportation will not
accept the public dedication of Cedar Ridge Road if it is subject to septic system easements.NCDOT will
only agree to grant an encroachment agreement for the septic system crossing Cedar Ridge Road when and
if it accepts the road for maintenance purposes; therefore,there is no way to assure that the owner(s) of Lots
1 and 2 will control the entire wastewater disposal system for those lots and the instrument of control for
that part of the system for each of those lots will not be appurtenant to and run with the land of those lots as
required by local and state rules governing such systems.
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