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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.: -4 AGENT/CONTACT: TELEPHONE NO.: /_Y a✓r� 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 _ 22 c 1 42 _—MATCH �\ \ HURC H � 8 7434 ill F11 10.34AC. II \\\ 233 11 8.991i/AC. \\ 22.01AC. 11 \ 1. \ 5A ` \ SPRING FARM - SECTION THREE % 4639 s,9¢� I \\\\ 6 1.0 l� Applicant: John Coffey // 6 1` ' Zoning. Agricultural Residential (AR) 13563s9C KTHLEW Land Use Element: Agricultural Residential Not to scale �.IaAC 23 ao \\ z 7ryg I 'J.1 Q a�aA 9.69 AC. a�� Co 1&34 34 F / 2.17AC S442 /i A, At J SEE MAP \\\ �/� 80.18 AC. x (SRIARD EST, PH.I) � 11 Co -22 1 AC. // O 9GIs 20 / I I Gan19 15.6 AC.CAL. a 32.263 AC-TOTAL / 48 I\ 8 ASSO ORANGE / / etiba 17 f6 � � �\ CO. // O 25.8 X. AC. \\ 16A --- �\- / s644 \ 9768 IG / 74AC•CAL \1 6AC. W 13.34 AC.CAL. / 3305` 1 U w ez lz I 2.84 AC. 14L 2 )I ao ALA.c0. J ' 14A 9-32- J�14K / 14.96AC. J2.5IA 1389 14F .3621 6397 1 8385 AC. ' • 1 2.49AC• fsi33 I4 �/' 12 FU - f4J _ .38AC. • �•`F_1 RM�af i' 2.67AC. / /// / 10.4 AC. AC8 'f 140 ME/ `•of ) /)148,6023 6 66.43X. 15 J �� si53 '6130 I •006 2.63 A - ) / 46 14H I 3.65A1.. 4.66 AC. 5e� aC c ALA.CO. `1 y-34-3 •2859 /�/ \��T`�� // 4 AC.CAL P/o 25..13 \\� 9.04 AC // '2J.�.�a�.y.. "'- �t ¢ �✓6 ) 13 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