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Home My WebLink AboutAgenda - 10-17-2013 - 51 ORANGE COUNTY BOARD OF COMMISSIONERS CARRBORO BOARD OF ALDERMEN JOINT MEETING AGENDA ITEM ABSTRACT Meeting Date: October 17, 2013 Action Agenda Item No. 5 SUBJECT: Update on Development Adjoining Twin Creeks DEPARTMENT: Carrboro Planning, Orange PUBLIC HEARING: (Y /N) County DEAPR ATTACHMENT(S): INFORMATION CONTACT: A) Approved CUP Amendment Trish McGuire, 919 - 918 -7324 Document for Ballentine AIS David Stancil, 919 - 245 -2510 B) Site Plan Rendering for Ballentine AIS PURPOSE: To update the Boards on the status of the Ballentine development by MI Homes, located south of and adjacent to the County's Twin Creeks (Moniese Nomp) Park and Educational Campus property. BACKGROUND: In 2007, MI Homes received development approval from the Town of Carrboro for the Ballentine development. Ballentine's conditional use permit (CUP) project consists of 96 units (60 single - family homes and 36 townhomes) on a little more than 52 acres of land. The property is located on the east side of Old NC 86, north of Lake Hogan Farms subdivision and The Legends subdivision (old Harmony Farms Horse Farm site), and immediately south of Orange County's Twin Creeks (Moniese Nomp) Park and Educational Campus site. The applicant subsequently sought and received PUD zoning designation (R -10 / B -3 PUD) for the property. The applicant then began preparing a CUP application in accordance with the new zoning designation. Meanwhile, construction of both townhomes and single - family homes in Phase 1 began and is now nearing completion. Staff has met with the developer on several occasions since that time, but the new CUP application and associated materials have not been formally submitted to date. A few issues were identified during the concept review for the new application, including whether a stream crossing for a road will be required in the northeast corner of the site. Staff and the applicant have met and discussed this particular issue on multiple occasions. Elected officials, as well, discussed the matter during the October 2012 joint meeting. During the October 2012 meeting, it was noted that Orange County had previously approved $600,000 in capital funds to go toward a possible shared road project with MI Homes to be constructed in June 2013. Work on the shared road agreement is now on hold pending the 1 ORANGE COUNTY BOARD OF COMMISSIONERS CARRBORO BOARD OF ALDERMEN JOINT MEETING AGENDA ITEM ABSTRACT Meeting Date: October 17, 2013 Action Agenda Item No. 5 SUBJECT: Update on Development Adjoining Twin Creeks DEPARTMENT: Carrboro Planning, Orange PUBLIC HEARING: (Y /N) County DEAPR ATTACHMENT(S): INFORMATION CONTACT: A) Approved CUP Amendment Trish McGuire, 919 - 918 -7324 Document for Ballentine AIS David Stancil, 919 - 245 -2510 B) Site Plan Rendering for Ballentine AIS PURPOSE: To update the Boards on the status of the Ballentine development by MI Homes, located south of and adjacent to the County's Twin Creeks (Moniese Nomp) Park and Educational Campus property. BACKGROUND: In 2007, MI Homes received development approval from the Town of Carrboro for the Ballentine development. Ballentine's conditional use permit (CUP) project consists of 96 units (60 single - family homes and 36 townhomes) on a little more than 52 acres of land. The property is located on the east side of Old NC 86, north of Lake Hogan Farms subdivision and The Legends subdivision (old Harmony Farms Horse Farm site), and immediately south of Orange County's Twin Creeks (Moniese Nomp) Park and Educational Campus site. The applicant subsequently sought and received PUD zoning designation (R -10 / B -3 PUD) for the property. The applicant then began preparing a CUP application in accordance with the new zoning designation. Meanwhile, construction of both townhomes and single - family homes in Phase 1 began and is now nearing completion. Staff has met with the developer on several occasions since that time, but the new CUP application and associated materials have not been formally submitted to date. A few issues were identified during the concept review for the new application, including whether a stream crossing for a road will be required in the northeast corner of the site. Staff and the applicant have met and discussed this particular issue on multiple occasions. Elected officials, as well, discussed the matter during the October 2012 joint meeting. During the October 2012 meeting, it was noted that Orange County had previously approved $600,000 in capital funds to go toward a possible shared road project with MI Homes to be constructed in June 2013. Work on the shared road agreement is now on hold pending the 1 environmental assessment and planned analysis of the Town's road network in this area. Town staff has begun scoping out the environmental assessment, as it relates to streets within both this project and the future development of Moniese Nomp Park. The applicant currently still has an approved CUP plan and could choose to move forward accordingly. A copy of a CUP amendment document and site plan rendering for the already - approved project are attached. FINANCIAL IMPACT: There is no financial impact associated with the update in this report. RECOMMENDATION(S): The Interim County Manager recommends the Boards receive the status update, discuss as necessary, and provide any comments and /or direction. Bk:RB5045�Pg:104 10/28/2010 02:38:56 PM 1/3 FILED Deborah B. Brooks OL Register of Deeds, Orange Co,NC� Recording Fee: $20.00 NC Real Estate TX: $.00 _D� Return to Town Clerk, Town of Carrboro, 301 W. Main Street, Carrboro, N.C. 2710 TOWN OF CARRBORO CONDITIONAL USE PERMIT — AMENDMENT (Ballentine Architecturally Integrated Subdivision) THIS DOCUMENT IS FILED TO AMEND THE ORIGINAL CONDITIONAL USE PERMIT DATED JUNE 26, 2007 AND AUGUST 28, 2007 THAT IS ON FILE IN THE ORANGE COUNTY REGISTRY IN BOOK RB4407, PAGE 340. (Tax Map 7.23.C.3, PIN NO. 9860932325) The Board of Aldermen granted the minor modification to the conditional use permit requested by M/I Homes on June 22, 2010. The modification will allow the project to be converted from a two - phase project into a four -phase project. This modification also replaces Conditions 5, 6, 7, 8, 11, 16..17, 18 and 24 of the original Conditional Use Permit with the following conditions: That, prior to final plat approval for Phase 3, the applicant provides to the Town, in accordance with applicable LUO provisions, a financial security sufficient to construct their portion of the remaining, uncompleted road and stream crossing, from the eastern terminus of Street A, as shown on plans, to the property line directly to the east. The value of said security shall be determined by the Consulting Engineer with approval by the Town Engineer and shall be retained until the road segment and stream crossing is constructed or until an alternate stream crossing is constructed. Furthermore, the estimate shall be renewed annually and adjusted for inflation via the Consumer Price Index. The security shall be returned to the applicant if (1), the Town determines that the road and crossing will not be constructed, or (2), a period of ten years has passed from the date of initial posting of the financial security with the Town. 6. That prior to construction plan approval for Phase 3 the applicant provide to the Town evidence of a shared - access easement (or equivalent) agreed upon by Orange County so as to allow for the construction of Street A, as shown on the approved CUP plans. 7. That prior to construction plan approval for Phase 1 the applicant provide to the Town evidence that the portion of property owned by the Lake Hogan Farms Homeowner's Association necessary to allow Street B2 to connect to the Hogan Hills Road RIW has been substantially secured. 8. That prior to construction plan approval, the applicant receive a driveway permit from NCDOT in accordance with any conditions imposed by such agency including but not limited to encroachment/maintenance agreements for lighting and sidewalks. 11. That prior to final plat approval for Phase 1, an offer of dedication of the open space areas on the east side and adjacent to the Lake Hogan Farm road extension be made to the Town. Branch. 24. That prior to construction plan approval for Phase 3, the applicant provide evidence to the Town that the project meets the recreation facility requirements in accordance with Section 15 -196 of the Town of Carrboro Land Use Ordinance. Payment in lieu of recreation points for Phase 3 may require approval by the Board of Aldermen. 28. That prior to Phase 3 approval that Town staff and the Consulting Engineer meets with NCDOT District Engineer to further pursue the reduction in speed along Old NC 86 in the vicinity of the project. If NCDOT reduces the speed limit, the intersection could be moved to the original access easement location (subject to NCDOT approval). If not, the intersection would remain as shown on the CUP plans. The following additional condition is added to the original Conditional Use Permit: • That prior to authorizing commencement of framing for buildings in Phases One or Two that the emergency access infrastructure (including secondary emergency access) is constructed for these phases in conformity with the state fire code subject to the approval by the Town Fire Department. NORTH CAROLINA ORANGE COUNTY IN WITNESS WHEREOF, the Town of Carrboro has caused this permit to be issued in its name, and the undersigned being all of the property above described, do hereby accept this Conditional Use Permit Modification, together with all its conditions, as binding upon them and their successors in interest. THE TOWN OF CARRBORO ATTEST: BY Town Manager ` (SEAL) Town iffierk I, Ara. , _ , (i 1* Q j/\ , a Notary Public in and for said County and State, do hereby certify that Catherine Wilson, Town Clerk for the Town of Carrboro, personally came before me this day and being by me duly sworn says each for himself that she knows the corporate seal of the Town of Canboro and that the seal affixed to the foregoing instrument is the corporate seal of the Town of CmTboro, that Steven E. Stewart, Town Manager of said Town of Carrboro and Catherine Wilson, Town Clerk for the Town of Carrboro subscribed their names thereto; that the corporate seal of the Town of Carrboro was affixed thereto, all by virtue of a resolution of the Board of Aldermen, and that said instrument is the act and deed of the Town of Carrboro. WITNESS THEREOF, I have hereunto set by hand and notarial seal this the 7`-day of 2010. ,cG(uu�AL) _ Notary Public Y Expires: M Commission S s� '�� -now *cb- !r M(I HOMES OF RALEIGH, LLC, a Delaware limited liability company By: � Edward F. Kristensen, Area President T) U 0 i 4� County, North Carolina I certify that the following person personally appeared before me this day and acknowledged to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Edward F. Kristensen. Date: ` Qlr 1 JT j My Commission Expires: Mau 14�qj a0q-- I - [Affix Notary Stamp or Seal] �•'' P P' �s 4°� �. ' . TA v 4 tQ tary Publi 1,� ! Print Name: E I O Q q RA- 3016263 v1 raw N�1II�i NIII I II(IJ �Il I NON IV 20071 1080009252170 PRAI7 Bk:RB4407 P :340 1110812007 4;:23:11 PX I!6 FILED J.yY- N. P...... Ro9ls tar al o..ds. 0—.. C.. NC Ra rdin Faa: 29.00 M .i �s 1. t. x: 6.00 Tower o• C,dAA66.0-0 30/ LJLSY I7-ta.r'n/ S72ee.i L'A,l.t6di20♦ NG �75lD i ORANGE COUNTY NORTH CAROLINA "TOWN OF CARRRORO CONDITIONAL USE PERMIT GRANTED Hallentine Property AIS On the date(s) listed below, the Board of Aldermen of the Town of Carrboro met and held a public hearing in consider the folIowing application: APPLICANT: NO Hordes OWNERS: MA HOmeS PROPERTY LocxmN (street Addr ): 8110 Old NC 86 TAX MAP,RLOCR L6T(s): 7.23.C.31 PROPOSen USE OF PROPERTY: Major subdivision cousisting of the following uses: 1.111 (single - famity detached), 1.321 (multi- family, townhomes (no greater than 20% of the units may have more'than three (3) bedrooms)) CA RR90RO LA N U f rSE ORDtNANCQ f rS,E CATcr,oRY: 26.100, 1.111, 1.321 MEETING oAT'E$r dune 26, 2007 and August 28, 2007 Having heard all the evidence and arguments presented at the hearing, the Board finds that the application is complete, that the application complies with all of the applicable requirements of the Carrboro Land Use Ordinance for the development proposed, and that therefore the application to make use of the above - descri bed property for the purpose indicated is hereby approved, subject to all applicable provisions of the Land Use Ordinance and the following conditions: The applicant shall complete the development strictly in accordance with the plans submitted to and approved by this Board, a copy of which is filed in the Canboro Town Hall. Any deviations from or changes in these plans must be submitted to the Attachment B --- ;i VA EM