HomeMy WebLinkAboutAgenda - 02-20-1996 - VIII-B R
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 20, 1996
Action Agenda
Item # v=-13
SUBJECT: Spring Farm, Section Three-Preliminary Plan
ACTION BY: April 5, 1996
DEPARTMENT: Planning& Inspections PUBLIC HEARING Yes__X_No
BUDGET AMENDMENT
NEEDED Yes X No
ATTACHMENT(S): INFORMATION CONTACT: Emily Cameron
Ext. 2580
Resolution of Approval
Application
Vicinity Map TELEPHONE NUMBERS:
Private Road Justification Hillsborough-732-8181
Staff Evaluation of Private Durham -698-7331
Road Justification Mebane - 227-2031
Preliminary Plan Chapel Hill - 967-9251
1-22-96 Draft Planning Board Minutes
PURPOSE: Consideration of the Preliminary Plan for Spring Farm- Section Three.
BACKGROUND: The property is located on the east side of Morrow Mill Road (SR 1972) in
Bingham Township. It is zoned AR and designated Agricultural Residential in the
Land Use Element of the Comprehensive Plan. Sections 1 and 2 were minor
subdivisions located south and southwest of Section Three.
The total acreage of Section Three is 14.96 acres. Six(6) new residential lots are
proposed to be served by individual wells and septic systems. The average lot size
is 2.3 acres.
Access to the property is proposed from Morrow Mill Road (SR 1972)with a new
private Class B road, Springfield Lane. A 1993 traffic count on Morrow Mill
Road was 250 trips per day.
2 k
The Planning Staffs evaluation of the proposed private road justification is
attached. Because the subdivision includes lots that are twice the minimum lot
size, larger than required setbacks and protection of existing vegetation, the staff
recommends approval of the private road.
On January 22, 1996, the Planning Board voted unanimously to recommend
approval of Spring Farm - Section Three with a Class B Private Road according to
the conditions contained in the Resolution of Approval.
RECOMMENDATION: The Administration recommends approval of the Preliminary Plan for Spring Farm
- Section Three with a Class B private road subject to the conditions contained in
the attached Resolution of Approval.
3
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY CONMMSIONERS
Date: February 20, 1996
Name of Subdivision: Spring Farm - Section Three
Owners: John W. Coffey, Muriel M. Coffey, and Linda K. Minshall
The Board of County Commissioners hereby approves Spring Farm Subdivision - Section
Three preliminary plat, dated December 18, 1995, and containing 6 lots, subject to the
fulfillment of requirements specified herein.
A. Sewage Disposal
1. Each 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. Springfield Lane shall be constructed to Class B private road standards within a
50-foot right-of-way.
Springfield Lane shall be inspected, and the construction certified in writing to
the Orange County Planning Department by a North Carolina Professional
Engineer, or a North Carolina Registered Land Surveyor. The location of the
travelway within the platted private road right-of-way shall also be certified.
OR
A letter of credit, escrow agreement, or bond shall be submitted to secure
construction and inspection of Springfield Lane to Class B private road
standards. An estimate of the construction and certification costs must be
prepared by a certified/licensed engineer or grading contractor and submitted to
the Planning and Inspections Department. The financial guarantee must reflect
f
4
110% 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 certified by a North Carolina Professional Engineer or a
North Carolina Registered Land Surveyor.
2. A Private Road Maintenance Agreement for Springfield Lane shall be submitted
to the Planning and Inspections Department and approved by the County
Attorney.
3. Lots 9 through 14 shall access onto Springfield Lane. All lots shall access onto
the new subdivision roads. This restriction shall be stated in a document
describing development restrictions and requirements to be prepared by
Planning Staff and recorded concurrently with the Final Plat.
4. Approved street name signs shall be erected at the intersection of streets as
required in Section IV-13-3-c-12 of the Orange County Subdivision Regulations.
Evidence shall be submitted by the applicant that the sign is in place or a copy
of the receipt for purchase of the sign shall be submitted to the Planning
Department.
C. Land Use Buffers and Landscaping
1. Landscaping shall be preserved as indicated on the approved landscape plan, and
must be inspected and approved by the Planning and Inspections Department.
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.
E. Parkland
1. Cash in the amount of$493 ($2,879.94/acre x 6/35 acre) 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. The following easements shall be shown on the plat:
a. 50-foot right-of-way for Springfield Lane.
5
3. A setback of 50 feet shall be maintained as measured from the edge of
rights-of-way of Morrow Mill Road and Springfield Lane. Side yards shall be a
minimum of 25 feet, and rear yards a minimum of 25 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.
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 each lot contains a
suitable area for septic disposal.
4. A Certificate of Approval signed by the Orange County Planning and
Inspections Department.
Signature of Applicant Clerk to the Board
I, , 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 i:OR PRELIMINARY PLAN APPROVAL r
s
MAJOR SUBDIVISION 8/93
ORANGE COUNTY g
' p CC�Gf)MC� � DATE: l.S—
1171-1 2�-:05 PLEASE TYPE OR PRINT (INK ONLY)
SUBDIVISION NAME:
LOCATION: Q Y�^Dw � < X�4� �d c[�( 17.2
OWNER/DEVELOPER:
ADDRESS: ZZ O- �u� �' EI TELEPHONE NO.:
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AGENT/CONTACT: TELEPHONE NO.:
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A. SUMMARY INFORMATION:
Orange County Tax Map --2 V Block Lot(s) Township
Zoning District(&): S i
Total Number of Acres: 14/. Qd Ir Phases: 0.-,
Total Number of Lots: Average Lot Size: P, S- Minimum Lot Size:
Number/Type of Structures: (existing) IY,* •a (proposed)
Lineal Feet in Streets: Acres in Open Space: D
Water Supply: 6., / Public (specify) Community I/' Individual
Wastewater Disposal: Public (specify) Community // Individual
School District: /1 1t 0 p tf,u A Fire Distrlict:
General Land Uses in Area I^4s / en i=7 Or,d d V , % i: U
Critical Areas: /L4�.c !^ stream/drainageways A/Dy L flood prone areas
watershed (specify) historic sites
other (explain)
Is the property to be subdivided currently under 'farm use value taxation*? Yes_, No &I"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 on sheet no smaller than one inch equals two-hundred feet 11"=200') and
no larger than one inch equals twenty feet (1"=20') and must contain the following'information:
subdivision name f 3 zoning of tract and adjacent.
name & address of owner(s) properties
name &address of subdivider "r% building setback lines by notation
(if other than owner) or typical lot layout
T !/ name of surveyor, engineer, y •`r location and width of existing and
C landscape architect or architect, proposed easements (drainage,
C address, registration #and seal utilities, roads, etc.)
f (title) Preliminary Plan 1G existing, proposed and adjoining
✓ scale, north arrow rights-of-way including dimensions
N v data (including revision dates) and street names and state road
E
q ✓ township, tax map-block4ot numbers. Lineal feet of road
y 4.4 references centerlines and approximate
G <. `<a Parent Parcel Identification # acreage of new street rights-of-
v W 77 deed book and page # of property way
4J w to be subdivided ' existing and proposed utilities,
W to boundary described with bearings including type, sizes, hydrants,
E Co and distances valves, manholes
C cc Y >%:s total acreage of the tract and AZA `:n existing and proposed curbs,
U acreage of lots, including and gutters and culverts, including
coo excluding area within rights-of- sizes and grades
L L way location and width of alleys,
ED in control corner ...'.. .,. sidewalks, bike lanes, transit
systems, and bus stops
(please complete reverse side)
tyq street cross-sections and
proposed lot line; th dimensions ✓
lot & block numbers intervaction details including
design and width of travalway ens
phasing lines
topography at ten foot (10) shoulders
—4 intervals horizontal alignment and general
C ..
0 water bodies, streams, floodway curve data (public roads)
and floodplains centerline radius on all proposed
to ✓ stream buffers streets
location and size of parcels Permanent features such as
to U dedicated for public use, buildings, cemeteries, historic
E .1-1
a) W-4 recreational use or reserved in landmarks
4J L4-4
4 0 common, with purpose noted adjoining lot layout names of
'a " impervious surface data (if located adjoining property owners. If
-6)
a) 44 0 in water supply watershed) subdivided, subdivision plat name,
CD vicinity map showing general plat book & page number, and
ca. (V location of subdivision with streets perimeter lot numbers.
E and roads identified by State road location and size of lots of
0 (a
U number and name restricted development potential
Ix landscaping and buffer and notation on plat regarding
0 -0
a) ca requirements same
I-- stormwater detention and/or
township, corporate and extra-
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) copiesf 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 sails 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-B-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 aCra-_ment, 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 being met.
a. Fee - $350.00 plus $5.00 per lot 0 fee for preliminary and final plat).
7. If the subdivision contains 10 lots or more the following information shall be submitted 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.
1, the applicant, hereby certify that the foregoing application is complete and accurate.
A&CICANT'S SIGNATURE 011DWNER'S SIGNATUKE_
42 2- "P.
DATE DATE
FEES: Amount 7 o O Date Paid 1.2 Receipt # M
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Applicant: John Coffey // 6 1`
' Zoning. Agricultural Residential (AR) 13563s9C
KTHLEW
Land Use Element: Agricultural Residential
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4454
H GC�i�O
To: Orange County Planning Board
Re: Private Road Justification for Spring Farm Subdivision
Date: December 5th, 1995
1. An attempt has been made in designing this subdivision to preserve the rural character of the
surrounding countryside, which is predominantly a farming community. There will be no clear
cutting of trees.
2. The average lot size is 2.5-acres with the minimum being 2 .0. This is more than twice the
minimum requirement.
3. A total of just six households will be using this road.
4. Lots will have larger than normal setbacks, the front being 50 feet and the rear and sides 25
feet.
5. This private road will be paved.
10
STAFF EVALUATION OF PRIVATE ROAD JUSTIFICATION
SUBDIVISION: Spring Farm, Section Three - Preliminary Plan
DATE: January 17, 1996
The standards contained in the Subdivision Regulations pertaining to public and private roads
are listed below. The Planning Staff comment regarding each is provided in italics.
IV-B-3-d 1. Roads - Public roads are generally required in all subdivisions and will be
required where it is found that:
1. The subdivision roads would be accepted by the State for maintenance if:
a) They are built in a manner which satisfies the minimum State
design and construction criteria for subdivision roads; and
(If the road were built according to State construction standards,
it could be accepted by the State when the at least four homes are
built and occupied.)
b) They would satisfy other requirements for addition to the State
maintenance system, including, but not limited to, the general
density standard of at least two occupied residences for each
one-tenth of a mile of subdivision road.
(According to the Department of Transportation, a cul de sac less
than 0.2 mile in length must provide ingress and egress for at
least 4 occupied permanent residences and have a minimum
density of two houses per tenth of a mile. This road will serve a
total of 6 residences when the subdivision is fully developed.
NCDOT would consider this positively when reviewing any
request for State maintenance.)
2. The subdivision roads extend existing roads which are public; or
(The subdivision road does not extend an existing public road.)
J
i 11
3. The subdivision roads are part of a development which is located in an
area designated as Urban or Transition on the Orange County
Comprehensive Plan; or
(Tyre subdivision is not located in a designated Urban or Transition
Area.)
4. A proposed road is designated as an arterial or collector street on an
approved Thoroughfare Plan for a municipality or in the Orange County
Comprehensive Plan; or
(The proposed road is not an arterial or a collector.)
5. The subdivision roads are part of a non-residential development
consisting of office, retail, industrial, and similar businesses, each
located on a separate lot. This provision shall only apply to that portion
of a subdivision being developed for non-residential purposes.
(The subdivision road is proposed for residential development.)
However, private roads may be allowed in a subdivision where, in the judgment
of the Planning Board and with the approval of the Board of County
Commissioners, it is found that the nature and location of the subdivision with
respect to other development and the Comprehensive Plan are such that a
private road is justified.
In determining whether to permit private roads in subdivisions, the following
design features will be considered:
1. The location and design of the subdivision is such that it clearly
preserves the rural character of the County through:
a. The provision of lot sizes and building setback lines significantly
greater than required by ordinance provisions. Compliance with
this standard is assured in University Lake Watershed where a
subdivision is required to provide a minimum required lot size of
five acres. Where the minimum required lot size is less than five
acres, compliance is assured when each lot in the subdivision
contains at least twice the minimum required lot size. For
example, if the minimum required lot size is two acres, and each
lot contains at least four acres, compliance is assured; and/or
(Lots in the subdivision will average more than twice the
minimum lot area. Proposed building setbacks will be larger
than required by the ordinance. Front setback will be 10 feet
larger while side and rear setbacks will be S feet larger than
required.)
c
►
b. The retention and/or provision of landscaping and use of 12
clustering of dwelling units to screen the view of the subdivision
from public roads, maintain a wooded or forested character,
maintain scenic views, or preserve wildlife, botanical, historic,
archaeological and/or recreation sites; and/or
(Existing trees will be preserved. The proposed road is partially
located in an open field to minimize clearing. The trees along
Morrow Mill Road will screen the subdivision.)
C. The preservation of site features which directly enhance the
special or unique cultural, historical, archaeological or biological
characteristics of the immediate area.
(No known special or unique features are evident"this site.)
2. The number, location and/or size of lots to be located in the subdivision
are such that, even if constructed to State standards, the streets would
not be accepted by the State for maintenance due to density or other
State requirements.
(Once four homes are occupied, the subdivision will meet NCDOT
density requirements. )
3. Recreation and/or open space areas, including lands containing
significant botanical, wildlife, historic and/or archaeological sites, are to
be dedicated and/or preserved through restrictive covenants in amounts
significantly greater than required by standards for recreation/open space
dedication.
(There are no recreation/open space areas designated.)
4. Significantly larger than required stream buffers and lot sizes, and/or
other design features are proposed as part of a subdivision to be located
in a Protected Watershed as designated on the Orange County
Comprehensive Plan to reduce the amount of impervious surface and
cause infiltration of storm water runoff to prevent the pollution of water
supply reservoirs.
(The subdivision is not in a designated protected watershed. The road is
designed with minimal length to provide adequate access without
excessive clearing and grading.)
i
5. Topographic and environmental features, such as streams, steep slopes, 13
or watersheds, that would be adversely affected by the use of roads
constructed to State standards because of factors such as significant
amounts of earthwork (cut and fill) that would contribute to increased
run-off of stormwater and siltation.
(Building the road to State standards would require clearing and grading
significantly more area than with the proposed private road.
6. The site is already developed to 100% of the capacity which could be
achieved after approval of the subdivision and some or all of the non-
conforming aspects of existing development on the site will be made
more conforming as a result of the proposed subdivision, and all
conforming aspects of the development will remain conforming.
(Not applicable.)
7. There is only one subdivision road proposed. Its length does not exceed
350 feet. It serves no more than five lots. Its grade does not exceed
nine percent. The land being subdivided is not connected to or is part of
another subdivision required to be served by public roads. In addition,
the average lot size within the subdivision is at least 40,000 square feet.
(Not applicable.)
EVALUATION SUMMARY: The subdivision is not located in a protected watershed.
However, the subdivision includes lots that are twice the minimum size, larger than required
setbacks, and minimal disturbance of the forested area. Based on these factors, the Staff
recommends that the subdivision road be private and constructed to Class B standards.
� e
/zz/.9��ve.au ba dcv ti„urr14
dependant upon the Planning Board's decisions on
flexible development. She was concerned that the
work could move too far ahead until open space
was further defined. Cameron indicated she felt
that it would be beneficial for the Planning
Group to have that information. Jobsis referred
to the agenda item regarding a time frame for
closure to the issue of flexible development
noting that information could be relayed to the
members of the Stoney Creek Basin Planning Group
at their Thursday meeting.
(Price left the meeting at 8:30 p.m. )
AGENDA ITEM #9: SUBDIVISION APPLICATIONS
a. Preliminary Plans
( 1) Spring Farm - Section III
i (6 Lots - Bingham Township)
Presentation by Emily Cameron.
The property is located on the east side of
Morrow Mill Road (SR 1972) in Bingham Township.
It is zoned AR and designated Agricultural
Residential in the Land Use Element of the
Comprehensive Plan. Sections 1 and 2 were minor
subdivisions located south and southwest of
Section Three.
The total acreage of Section -1-11-is-14.96 acres.
Six (6) new residential lots are proposed to be
served by individual wells and septic systems.
The average lot size is 2.3 acres.
Access to the property is proposed from Morrow
Mill Road with a new private Class B road,
Springfield Lane. A 1993 traffic count on Morrow
Mill Road was 250 trips per day.
The private road justification and the Planning
Staff's evaluation are attachments to these
minutes on pages . Because the subdivision
includes lots that are twice the minimum size,
larger than required setbacks, and protection of
existing vegetation, the Staff recommends
approval of the private road.
The Concept Plan for Spring Farm - Section Three
was approved by the Planning Board in December
1994 with six (6) lots and a Class B Private
Road.
1
15
The Planning Staff recommends approval of the
Preliminary Plan for Spring Farm - Section Three
with a Class B private road subject to the
conditions contained in the Resolution of
Approval which is an attachment to these minutes
on pages
Barrows asked if there had been discussion of a
shared driveway for lots 11 and 12. Cameron
responded that it had not been discussed. Barrows
continued that she felt it would make sense
because of the way they entered the cul-de-sac.
Cameron responded that it could be reviewed. In
the past that was a requirement only when
crossing power lines, buffers, or streams.
Waddell asked about the distance of the arc on
the traffic circle for lots 11 and 12. Cameron
responded that the minimum requirement is 20 feet
and that is met. His concern was to be sure that
there was sufficient area for the driveways.
Katz asked about the requirement for sideyard
setbacks. Cameron responded that setbacks larger
than the minimum is a part of the private road
justification. Katz continued, asking why the
concern with sideyard setbacks, he felt there was
no public good associated with such a
requirement.
Reid stated that it had more to do with clearing
the lot, clearing--for the house but not clearing
up to property lines.
Jobsis noted that there is a sideyard setback
requirement in the ordinance and Cameron
confirmed that the requirement is 20 feet.
Rosemond asked how many do not pay the parkland
fee. Cameron responded that the only places
where the County receives dedications are in the
Rural Buffer where there are dedicated greenways.
It must be a very large subdivision for
sufficient area to be dedicated for a parksite.
Willis responded that the issue of payment-in-
lieu and the amount of fees is currently being
reviewed for possible revision. The Planning
Director is preparing information for the
February 26 public hearing on
the issue of parkland dedication and payment-in-
lieu.
Walters, responding to the concern regarding
sideyard setbacks, stated that she felt it was
16
more of an issue to protect lot owners ' privacy.
Brown asked if the project is in a watershed and
Cameron responded that it is not. Using the map,
she indicated the boundaries of Cane Creek
Watershed and Haw River Watershed in relation to
this subdivision.
MOTION: Reid moved approval as recommended by the
Planning Staff. Seconded by Hoecke.
VOTE: Unanimous.
2) Pendle Hill
(6 Lots - Little River Township)
Presentation by Eddie Kirk.
The property is located on New Sharon Church
Road, at the intersection of New Sharon Church
Road and Walker Farm Road, and is a portion of
Lot 6 of Tax Map 22, Little River Township. The
lot contains 13.45 acres, and is located in the
Agricultural Residential (AR) zoning district,
and the Little-PW protected watershed overlay
district. The Land Use Plan Designation is
Agricultural Residential.
The approved Concept Plan was named River Park
and involved 20 residential lots with a 4.5 acre
common area proposed on 43.5 acres. Due to poor
soils the developers have reduced the subdivision
to 6 residential lots averaging 1.75 acres in
size with a 2.92 acre common area. The minimum
required lot size is 40,000 square feet, as
required by the AR zoning district. The overall
density of the subdivision is 1 dwelling per 2
acres, which is the maximum allowable density of
the Little-PW watershed protection overlay
district.
All lots are proposed to be served by individual
wells and septic tanks and the common area is to
be owned by a homeowners' association.
The Planning Board approved the Concept Plan with
private roads on May 15, 1995, subject to seven
conditions of approval. Due to the reduction in
length of roads and number of lots, most of the
conditions do not now apply or have been
incorporated in the preliminary plan. The
remaining conditions have been included in the
Resolution of Approval which is an attachment to
these minutes on pages