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HomeMy WebLinkAboutAgenda - 02-18-1997 - 8e ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 18, 1997 Action Agenda Item SUBJECT: Elsie K. Wade- Preliminary Plan ACTION BY: April 23, 1997 DEPARTMENT: PLANNING PUBLIC HEARING:—Yes—x No BUDGET AMENDMENT REQUIRED: —Yes_x—No ATTACHMENT(S): INFORMATION CONTACT: Jane Garrett Resolution of Approval ExtensioR 2581 Application Vicinity Map TELEPHONE NUMBERS: Preliminary Plan Hillsborough 732-8181 December 4, 1996 Draft Planning Board Minutes Durham 688-7331 Mebane 227-2031 Chapel Hill 967-9251 PURPOSE: Consideration of the Preliminary Plan for the Elsie K. Wade Subdivision. BACKGROUND: The property is located in Cedar Grove Township at the end of the private portion of Brooks Road Spur(north side)which extends from the state maintained portion of Brooks Road Spur(SR 1585), an existing public road approximately 1,000 feet in length which intersects with Brooks Road(SR 1584). The property is zoned Agricultural-Residential, and located within the Little River Protected Watershed. The total acreage of the proposed lot is 2.09 acres, with a residual of approximately 53.6 acres. The proposed lot and residual acreage are served by the private portion of Brooks Road Spur. A Preliminary Plan is being presented to the Board of Commissioners because the subdivision involves the public dedication of the private portion of Brooks Road Spur. The proposed lot is located adjacent to an existing 2.0 acre parcel which was created in 1990. The subdivision of that parcel required Brooks Road Spur, which at that time ended at the southern boundary of the larger tract,be extended to provide access for the new lot. Public dedication and construction was not required for the 890-foot extension of Brooks Road Spur to serve the new lot due to the limited extent of development. NCDOT requires a density of 2 houses per 1110 mile in order to accept maintenance of a road built to its standards. The 890-foot extension of Brooks Road Spur to serve the previously recorded lot would not have qualified for state maintenance even if it had been constructed to NCDOT standards. The housing density which would result after development of the proposed lot(2 houses per 116 mile)remains too low to satisfy NCDOT's density standards with the creation of the proposed lot. The creation of additional lots along Brooks Road Spur could ultimately result in sufficient density to require construction to NCDOT standards. Because the existing private portion of Brooks Road Spur is an extension of a public road, and because there is the potential for continued development of the larger tract,public dedication is recommended. A requirement for construction to public road standards is not recommended because the housing density remains below the minimum standards required for acceptance by NCDOT. At its December 4, 1996 meeting,the Planning Board recommended public dedication of the private portion of the 890-foot extension of Brooks Road Spur with construction to Class C private road standards. The vote was unanimous. RECOMMENDATION: The Administration recommends approval of the Preliminary Plan for Elsie K. Wade as recommended by the Planning Board,per the attached Resolution of Approval. 3 RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date January 31, 1997 Name of Subdivision Elsie K. Wade Owner/Applicant Elsie K. Wade The Board of County Commissioners hereby approves Elsie K. Wade subdivision preliminary plat,dated September 26, 1996 and containing 1 lot, subject to the fulfillment of requirements specified herein. A. Sewage Disposal 1. The residential lot shall contain an adequate area for septic disposal, and repair area, approved by the Orange County Division of Environmental Health. 2. 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. 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. Brooks Road Spur from the point at which state maintenance currently ends,to the end of the cul-de-sac(into the existing Lot 1), as shown on the Preliminary Plat, shall be irrevocably dedicated to the general public. The approval of this Resolution authorizes and directs the Orange County Manager to accept for Orange County and on behalf of the public generally,this offer of dedication. This acceptance by Orange County of the dedication to the general public of said portion of Brooks Road Spur shall be without maintenance responsibility. This road shall be maintained by the owners until such time it is accepted for maintenance by the North Carolina Department of Transportation or some other governmental body. 2. The 890-foot private extension of Brooks Road Spur shall be constructed to Class C private road standards within a 50 foot right-of-way from the point at which state maintenance currently ends to the end of the cul-de-sac into existing Lot 1. 3. The 890-foot private extension of Brooks Road Spur shall be constructed to Class C private road standards within a 50 foot right-of-way. C. Land Use Buffers and Landscaping 1. Landscaping shall be installed or preserved as indicated on the approved landscape plan, and must be inspected and approved by the Planning and Inspections Department. OR Guaranteed financially through a letter of credit or escrow agreement submitted to secure landscape requirement installation and preservation. An estimate of the cost for required preservation,plantings and their installation must be provided. The financial guarantee shall reflect 110%of the estimate and be issued by an accredited financial institution licensed to do business in North Carolina. 2. 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. D. Drainage 1. Impervious surface data, as pursuant to Article 6.23 of the Zoning Ordinance shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. E. Parkland 1. Cash in the amount of$455.00 shall be paid to Orange County as payment in lieu of parkland dedication. 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. A setback of 40 feet shall be maintained as measured from the edge of right-of-way of Brooks Road Spur Side yards shall be a minimum of 20 feet,and rear yards a minimum of 20 feet. These setback requirements 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. S G. Certifications 1. A Certificate of Survey and Accuracy signed by a registered 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 Division of Environmental Health shall certify that the lot contains a suitable area for septic disposal. Signature of Applicant Clerk to the Board accept the above listed conditions of subdivision approval, and acknowledge that each must be met prior to recordation of the final plat. Applicant Date APPLICATION FOR PREL,Fk,/IINARY PLAN APPRUVAL MAJOR SUBDIVISION 8/93 6 ORANGECOUNTY OAT;. Z 22*7 PLEASE TYPE OR PRINT (INK ONLY) SUBDIVISION NAME: LOCATION: OWNER/a-:41-:L-�- ADDRESS: TELEPHONE NO.: AGENT/CONTACT: TELEPHONE NO.:732- A. SUMMARY INFORMATION: Orange County Tax Map 4/7 Block Lot(s) Township (-14�Od4-,r 67fdVC1 Zoning District(s): Total Number of Acres: 7. -0 J/ Phases: Total Number of Lots: Average Lot Size: -Z.0 9 Minimum Lot Size: Number/Type of Structures: (existing) (proposed) Lineal Feet in Streets: Acres in Open Space: Water Supply: Ale&4- Public (specify) Community !./Individual Wastewater Disposal: Community -6g:;'8Z i gt— Public (specify) Individual School District: Fire'Oistrict: General Land Uses in Area: Critical Areas: stream/drainageways flood prone areas watershed (specify) historic sites other (explain) Is the property to be subdivided currently under 'farm use value taxation"? Yes—No_. If "yes", please contact the Orange County Tax Office. Subdivision of the property may require payment of deferred taxes under 'farm use value taxation . B. All plats must be submitted an shoot no smaller than one inch equals two-hundred feet (1"=200') and no larger than one inch equals twenty feet (1"=20') and must contain the following•information: subdivision name zoning of tract and adjacent. /V name &address of ownerls) properties name &address of subdivider building setback lines by notation (if other than owner) or typical lot layout >+ name of surveyor, engineer, location and width of existing and 1 4 C architect,landscape architect or proposed casements (drainage, a address, registration #and seal utilities, roads, etc.) lu Mal Preliminary Plan ­Z, existing, proposed and adjoining sealiiii, north arrow rights-of-way including dimensions y v datis-fincluding revision dates) and street names and state road S ­4 71 towinhip, tax map-block lot numbers. Lineal feet of road 4J references centerlines and approximate .14 a RMWO Parent Parcol Identification # acreage of now street rights-of- -0 W dead book and page #of property way W 0 t 4.) 4-4 to be subdivided existing and proposed utilities, a) 4 m boundary described with bearings including type, sizes, hydrants, and distances valves, manholes total acreage of the tract and existing and proposed curb*, acreage of lots, including and gutters and culverts, including U a excluding area within rights-of- sizes and grades (V cc = a way location and width of alloys, control corner sidewalks, bike lanes, transit systems, and bus stops (please complete reverse side) proposed lot lines with dimensions _� typical street cross•sections and 7 ✓ lot & block numbers intersection details including �- phasing lines design and width of travelway and topography at ten foot (10) shoulders ^� intervals _4Z horizontal alignment and general water bodies, streams, floodway curve data (public roads) and floodplains _� `> centerline radius on all proposed cn stream buffers streets / location and size of parcels permanent features such as �.L N U dedicated for public use, buildings, cemeteries, historic E 14 (D L64 recreational use or reserved in landmarks common, with purpose noted adjoining lot layout names of 7D c4 __� impervious surface data (if located adjoining property owners. If J in water supply watershed) subdivided, subdivision plat name, CU >'s>: vicinity map showing general plat book & page number, and . CL a) location of subdivision with streets perimeter lot numbers. a m and roads identified by State road "'' " location and size of lots of U number and name restricted development potential Y a� landscaping and buffer and notation on plat regarding U —+�`... a) co requirements same L L v Cn township, corporate and extra- stormwater detention and/or territorial planning jurisdiction lines retention sites and undisturbed which cross the property areas for infiltration purposes (if located in water supply watershed) C. OTHER SUBMITTAL REQUIREMENTS 1. Twenty-five (25) copies of the preliminary plat. 2. One full size copy of an Orange County Tax map (with tax parcels involved clearly marked in pencil). 3. Where municipal or OWASA sewer is not available, a copy of the Preliminary Plat indicating Health Department soils analysis approval/denial for each lot shown thereon. 4. Where a private road is proposed a written statement by the applicant or his/her authorized representative which sets forth the justification for a private road (see Section IV-8-3-d-1 of the Orange County Subdivision Regulations). 5. Auxiliary documents, in draft form, prepared in accordance with Section Vl of.this Ordinance which assure completion and/or maintenance of improvements required by this Ordinance. Such documents may include, but not be limited to, a private road maintenance mCraz rent, and articles of incorporation and restrictive covenants pertaining to a homeowner's association. These documents may be required as necessary as evidence that the ordinance requirements are beinQ.met. a. Fee - $350.00 plus $5.00 per lot (1 fee for preliminary and final plat). 7. If the subdivision contains 10 lots or more the following information shall be submittad with the application: a. Number of years to buildout. b. Number of houses to be built during each year to buildout. _._.. c. - Average price of houses including lots for each year to buildout._- I, the, plic hereby card t the crepoing application is complete and accurate. /J s APPLICANT'S SIGNATURE OWNER'S SIGNATURE /-zf DATE DATE FEES: Amount # 3 Oats Paid Zi8 / Receipt 0 NO �Z c 8 8 0 A P ? e L*j ie W v,*.o wADE W ` if 87*low A jnxrPW Fu 51 AC. 4017 Is 4?0 20 55.59AC. AM CAL. 9 AC H 2 ur2s 198 46 rf i 880 i9A \ 3 23 4.89 AC. ` ! 95 yy 6846 2.4645'AC� �J 15 574AC.CAL. AC•=w!! ll-AC,. �tAl /.ro 22 457 1! 101.7 AC. !! !7K �+ !7 4.542 AC- f �D.437AC• NO I soz4 rzA ,5620 4.542 Ac. : . 17C II ro 17B 4.542 AC. I I 6560 4.542 AG ' ' 11 .1386 24.437AC. 833! 3 342 63" I 1 4.542 AC I7H — yt� I7F !7G I09.93AC- � !7D 4.5 42AC 694 09to 3413 6442 4.542 AC. 4.542 AC. 4.542 AC. nn 9 4j 0 Belk also stated that the Board has been discussing revisions to the Purchase of Development Rights program and Staff is preparing those revisions for presentation to the Board at its next meeting. c. Historic Preservation Commission Belk reported that the HPC voted at its last meeting to proceed with the Cedar Grove National Register nomination. He continued that funding is available to hire a consultant to complete the nomination. The request for proposals will be distributed upon approval by the Board of Commissioners. While the community is very interested in the designation,there was some opposition and it was felt that most of the opposition was due to the fear of governmental interference in private property matter and/or increases in property taxes. Belk noted that the designation would not provide any justification for increase in tax rates. d. Ordinance Review Committee No meeting. e. Golf Course Amendment Review Task Force(Golf CART) Cameron reported that the Golf CART met November 13 and is scheduled to meet again December 5. They are continuing work on the first draft and will be making a presentation to the Planning Board in January. AGENDA ITEM#8: SUBDIVISION APPLICATIONS a. Concept Plans (1) Elsie K.Wade (1 Lot-Cedar Grove Township) Presentation by Jane Garrett. The property is located in Cedar Grove Township beyond the end of Brooks Road Spur(SR 1585). The property is zoned Agricultural Residential,and located within the Little River Protected Watershed. The applicant proposes to create a 2.09 acre lot from an existing 55.59 acre tract located at the end of Brooks Road Spur,an existing public road about 1,000 feet in length which intersects with Brooks Road. The proposed lot is located adjacent to an existing 2-acre parcel which was created in 1990. The previous subdivision required that Brooks Road Spur, which then ended at the southern boundary of the larger tract,be extended to serve the new lot. Public dedication and construction was not required for the 890-foot extension of Brooks Road Spur to serve the new lot-due to the limited extent of development. NCDOT requires a density of 2 houses per 1/10 mile in order to accept maintenance of a road built to its standards. The 890-foot extension of Brooks Road Spur to serve the previously recorded lot would not have 10 qualified for state maintenance even if it had been constructed to NCDOT standards. The housing density which would result after development of the proposed lot(2 houses per 1/6 mile)remains too low to satisfy NCDOT's density standards with the creation of the proposed lot. The creation of additional lots along Brooks Road Spur could ultimately result in sufficient density to require construction to NCDOT standards. Because the existing private portion of Brooks Road Spur is an extension of a public road,and because there is the potential for continued development of the larger tract,public dedication recommended. A requirement for construction to public road standards is not recommended because the housing density remains below the minimum standards required for acceptance by NCDOT. Because the proposed subdivision involves dedication of a public road,it must be approved by the Board of Commissioners. Otherwise,the subdivision would be approved administratively through the minor subdivision review and approval process. The Planning Staff recommends approval of the Elsie K.Wade Concept Plan with two conditions: (1)public dedication of the private portion of Brooks Road Spur;and(2)construction of the private portion of Brooks Road Spur to Class C private road standards. Katz asked what public dedication means if NCDOT does not accept it. Garrett responded that it is simply a matter of specifying that the road should be dedicated for public use in the event of more development and the requirement for upgrade when the number of houses met the number required by NCDOT for State maintenance. Katz asked who would be responsible for the upgrade and the response was the person who initiates the next level of development. Barrows asked if the owner of the remaining 55+acres would be aware of that. Garrett responded that he would be notified as part of this process. Price asked if the current residents would be required to participate in maintenance. Garrett responded that there is a recorded road maintenance agreement that specifies who is to maintain the road at the present time. Brooks asked if another lot was created out of the 55 acre tract,would it be accepted by NCDOT for maintenance. Garrett responded no,the information she received from NCDOT stated that unless there were four (4)occupied residences,it would be treated as a private road. Brooks expressed concern that more lots might be created prior to NCDOT accepting the road for maintenance. Garrett responded that would be taken care of with the requirement for public dedication. Andrews asked if public dedication was just dedication on the deed. Willis responded that on a private road,only the property owners can legally use the road. With the public dedication,the general public can use the road, park on the right-of-way,etc. When the plat is recorded,the County accepts,on behalf of the public,the dedication and holds it until such time as the road is constructed to State specifications. The lot lines would go to 11 F the edge of the road right-of-way. The underlying ownership would go to the center of the road. Andrews asked if the owner of the 55 acre tract has more plans for further development of that tract. Garrett responded that Planning Staff will suggest that the owner provide an overall plan for the tract when he is notified of the public dedication. This will address questions and concerns of future development for the owner and the County. Price asked if the existing owner of the lot at the end of the spur is aware of what is being proposed. Garrett responded she did not think so. Willis noted that this was a previously created lot. She continued that the Road Maintenance Agreements have a stipulation that if a road is to be upgraded in the future,that would already be a part of the agreement. Price continued,expressing concern about future development along the right-of- way and the possibility of property becoming landlocked.Garrett responded that the County could not change the existing right-of-way or require the owner to change the right-of-way. Any future development would require the provision of access and this information will be relayed to the owner when he is notified of the public dedication. MOTION: Strayhorn moved approval with the conditions as recommended by the Planning Staff. Seconded by Brooks. VOTE: Unanimous. (2) Amberidge Subdivision (10 Lots-Chapel Hill Township) Presentation by Emily Cameron. The property is located between University Station Road and the Chapel Hill Spur of the Southern Railroad in northern Chapel Hill Township,and contains 10.4 acres. The zoning is Rural Residential and Lower Eno Protected Watershed. The site slopes from University Station Road east toward the railroad. The majority of the site slopes at a gradient of less than 7.5%. Slopes between 7.5%and 15%cover 21%of the site. Approximately ten percent of the site includes slopes over 15%(Secondary Conservation Area). Slopes over 25%(Primary Conservation Area)are very limited and do not represent a significant constraint for development. The land drains to the northeast corner where a small intermittent stream from a nearby pond flows under the railroad. The stream is considered a Primary Conservation Area.A stream buffer is provided along the stream;a 50-foot land use buffer is required adjacent to the railroad right-of-way. The site is almost entirely wooded except for a small garden area and an overhead power line on the western portion of the tract.The trees are mixed pines and hardwoods approximately 25 years old,indicating that the land has been farmed. The wooded portion of the site is considered Secondary Conservation Area.