HomeMy WebLinkAboutAgenda - 02-20-1996 - IX-B 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 20, 1996
Action Agenda
Item # SX B
SUBJECT: Pendle Hill-Preliminary Plan
ACTION BY: April 5, 1996
DEPARTMENT: PLANNING PUBLIC HEARING: Yes X No
BUDGET AMENDMENT REQUIRED: Yes X No
ATTACHMENT(S): INFORMATION CONTACT:
Eddie Kirk
Resolution of Approval Extension 2582
Application
Vicinity Map TELEPHONE NUMBERS:
Private Road Justification Hillsborough - 732-8181
Staff Evaluation Durham - 689-7331
NCDOT Letter Mebane - 227-2031
Preliminary Plan Chapel Hill - 967-9251
1-22-96 Draft Planning Board Minutes
PURPOSE: To consider the Preliminary Plan for Pendle Hill Subdivision.
BACKGROUND: 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.
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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 attached Resolution of Approval. On January 22, 1996 in a 7 to 4 vote the
Planning Board recommended approval of the Preliminary Plan for Pendle Hill
with a Class B private road subject to the conditions contained in the attached
Resolution of Approval. The 4 Planning Board members were concerned with the
access and felt that the applicant should get access from an existing private road to
the northeast. They also indicated that if access were obtained from New Sharon
Church Road it should extend directly across from Walker Farm Road.
The applicant indicated that she had tried to get access from the private road but
the owners would not allow her access to the road. She also looked into extending
the access road directly across from Walker Farm Road and indicated that if she
did this it would have to cross a severe drainage swell which would involve
considerable buildup. As proposed lots 1 and 6 would obtain access from the
private road thereby providing one access point for the 625 feet of road frontage
on New Sharon Church Road. NCDOT has indicated that if it is not possible to tie
in Pendleton Place with Walker Farm Road then Pendleton Place should be
centered between Walker Farm Road and Carol Lane (private road).
RECOMMENDATION: The Administration recommends approval of the Preliminary Plan for Pendle Hill
with Pendleton Place centered between Walker Farm Road and Carol Lane and
subject to the conditions contained in the attached Resolution of Approval.
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RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date February 20. 1995
Name of Subdivision Pendle Hill
Owner Ann Moss Joyner
The Board of County Commissioners hereby approves Pendle Hill subdivision preliminary
plat, dated November 20, 1995 and containing six (6) lots, subject to the fulfillment of
requirements specified herein.
Before the Final Plat of Pendle Hill can be recorded:
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. Pendleton Place shall be constructed to Class B private road standards within a
50-foot right-of-way.
Pendleton Place 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 Pendleton Place to Class B private road
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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
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. An erosion control plan for construction of the road shall be submitted by the
applicant for review and approval by the Orange County Erosion Control
Division.
3. A Private Road Maintenance Agreement for Pendle Hill shall be approved by
the County Attorney.
4. A 10' by 70' sight triangle shall be shown at the entrance of the subdivision.
5. All lots shall access onto the new subdivision road. 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.
6. An approved street name sign shall be erected at the intersection of streets as
required in Section IV-B-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 installed or preserved as indicated on the approved
landscape plan, and must be inspected and approved by the Planning and
Inspections Department.
The applicant shall secure landscape installation through a letter of credit,
escrow agreement, or bond. An estimate of the cost for required 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.
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3. A Type A Land Use Buffer shall be provided on Lot 1 & 6 adjacent to the right-
of-way for New Sharon Church Road. The buffer shall be 30 feet in width.
Said buffer shall be so noted on the plat, and described 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 6.23.3 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.
2. Locate drainage easements as required following review and approval of the
Erosion Control Plan.
E. Parkland
1. Cash in the amount of$378 ($2,205/acre x 6/35 acre) shall be paid to Orange
County as payment in lieu of parkland dedication.
2. The entirety of the open space to be shown on the Final Plat(s) shall be
irrevocably dedicated to the homeowners association for recreation/open space
use by residents of the subdivision. Provide a copy of the deed to the
homeowners association for review by the County Attorney.
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. 30-foot drainage easement through the common area; and
b. 50-foot private right-of-way for Pendleton Place.
4. A setback of 50 feet shall be maintained as measured from the edge of
right-of-way of Pendleton Place Side yards shall be a minimum of 30 feet, and
rear yards a minimum of 30 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.
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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 FOR PRELIMINARY PLAN APPROVAL 7
MAJOR SUBDIVISION 8/93
ORANGE COUNTY
DATE:
PLEASE TYPE OR PRINT (INK ONLY)
SUBDIVISION NAME:
LOCATION: ""iC
OWN ER/DEV ELOPER:
"t
ADDRESS: �O4 i4 2SV TELEPHONE NO.: it 4 i?*0?
• 3�a - HJ L. �.7�nz
AGENT/CONTACT: L TELEPHONE NO.: 91,3 —y,Ic,
A. SUMMARY INFORMATION:
Orange County Tax Map -:?-?—Block Lot(s) Township LT7•C1t- I�.w�t
Zoning Districtis): A / 1t.
Total Number of Acres: 3.5-41mfi t �_,Phases:
Total Number of Lots: . Average Lot Size: 1. 9--c- Minimum Lot Size: .41%t •-46
Number/Type of Structures: (existing) _ (proposed)
Lineal Feet in Streets: Acres in Open Space:
Water Supply: Public (specify) Community ✓" Individual
Wastewater Disposal: Public (specify) Community Individual
School District: Fire District:
General Land Uses in Area: I Yes UAnZm9
Critical Areas: � . R str m/drainageweys +.� flood prone areas
`A*1C Z( yt- watershed (specify) historic sites
other (explain)
Is the property to be subdivided currently under"farm use value taxation'? Yes_No f 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 0 200'1 and
no larger than one inch equals twenty feet (1"=20') and must contain the following'information:
,.. x
subdivision name � �; �::< zoning of tract and adjacent•
name &address of owner(s) properties
name & address of subdivider building setback lines by notation
(if other than owner) .,•� or typicaf lot layout
?. ✓ �?`>`. name of surveyor, engineer, �� <' " location and width of existing and
C landscape architect or architect, proposed easements (drainage,
address, registration # and seal utilities, roads, etc.)
m
N �/ (title) Preliminary Plan ✓ existing, proposed and adjoining
scale, north arrow rights-of-way including dimensions
m ✓ 'r»s date (including revision dates) and street names and state road
fA
E •i1 U �/ ? �:'^' township,tax map-block-lot numbers. Lineal feet of road
4J "`
4"4 references centerlines and approximate
V Parent Parcel Identification # acreage of new street rights-of-
deed book and page # of property way
4J w ,/�to be subdivided ` ry n existing and proposed utilities,
". boundary described with bearings including type, sizes, hydrants,
m' m and distances valves, manholes
Ot10 :: .;;:
� ,� <'u{>';'< total acreage of the tract and <::»�;:«:::< existing and proposed curbs,
acreage of lots, including and gutters and culverts, including
v '0 excluding area within rights-of- sizes and grades
Q) m
way �IA location and width of alleys,
3 control corner sidewalks, bike lanes, transit
systems, and bus stops
(please complete reverse side)
V/- " proposed lot lines with dimensions I/ mL typical street cross-sections and
:7 lot & block numbers intersection details including
W phasing lines design and width of travelway and
.7 topography at ten foot (10) shoulders
intervals NA horizontal alignment and general
5 water bodies, streams, floodway curve data (public roads)
and floodplains centerline radius on all proposed
stream buffers streets
location and size of parcels AIA ' Permanent features such as
(n U dedicated for public use, buildings, cemeteries, historic
E H
a) t4_4 recreational use or reserved in landmarks
4' %64 ....
common, with purpose noted adjoining lot layout names of
impervious surface data (if located adjoining property owners. If
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a) 4-4 0 in water supply watershed) subdivided, subdivision plat name,
vicinity map showing general plat book & page number, and
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CL a) location of subdivision with streets A1,4 perimeter lot numbers.
E ;4 and roads identified by State road location and size of lots of
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U number and name restricted development potential
le landscaping and buffer and notation on plat regarding
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W ca requirements same ca stormwater detention and/or
VA 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) copisif of the preliminary plot
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,le, 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-S-3-d-1 of the
Orange County Subdivision Regulations).
5. Auxiliary documents, in draft form,_proper I ad in-accordance cordance with Section VIL 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 .11.'►acenent, 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.
8. Fee - $350.00 plus $5.00 per lot 11 fee for preliminary and final plat).
7. If the subdivision contains 10 lots or more the following information shall be subrnittad 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 t 0 for going application is complete=and accurate.
hereby certify t
APPLICANT'S PLICANT'S S�IG�NAT OWNER'S SIGNATURE
Z;P
DATE DATE
57,
FEES: Amount Data Paid Receipt # 07e
Pendle Mill
Applicant: Ann Moss Joyner `G 7z Qc
zone: AR & Little-PW s
LUP: Agricultural Residential
Little River Protected Watershed
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Private Road Justification
for
Pendle Hill Subdivision
We submit that private roads are justified in the Pendle Hill Subdivision because of the
specific nature and location of the subdivision.
1) The subdivision is designed to preserve the natural character of the area as much as
possible:
a) The subdivision has minimal public road exposure. The design is a cluster,
with most of the open field along the public access road designated common area.
b) Most of the lots are in the woods away from the public road, accessed by a
subdivision road, and there is a treeline along the public road which will be protected by
covenant as a landscape buffer, screening houses as much as possible from the public
road.
c) Covenants against cutting trees will preserve the rural character of the land
as much as possible.
d) The average lot size is at least twice the minimum required by the zoning.
e) The Rural Character Study recommends private roads as an incentive for
open-space developments.
f) The density proposed for this subdivision is in line with the proposed
regulations developed for this area by the Rural Buffer, which is considered appropriate
to protect the much more densely-populated town of Chapel Hill.
g) Lots along the paved public highway (2) in the field (i.e. all those visible
from the paved public road) are larger than required for cluster design, while small lots
are grouped in the woods.
h) There will be a 75' buffer along the public road.
j) There are.only 6 lots accessing the private road.
k) Subdivision of all lots will be prohibited through restrictive covenants.
1) All small lots are wooded.
Thank you for your consideration and time in this matter.
Ann Moss Joyn
for Pendl it
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STAFF EVALUATION OF PRIVATE ROAD JUSTIFICATION
SUBDIVISION: Pendle Hill - Preliminary Plan
DATE: December 19, 1995
The standards contained in the Subdivision Regulations pertaining to public and private roads
are listed below. The Planning Staff comments 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 was built according to State construction standards, it
could be accepted by the State when the required density is met.
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 road less than
one mile in length must provide ingress and egress for at least 5
occupied permanent residences and have a minimum density of
two houses per tenth of a mile. This private road serves 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 roads do not extend existing public roads.
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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
The 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 Orange County Thoroughfare Plan does not recommend a new
arterial or collector road in the vicinity of the proposed subdivision
road.
S. 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
The six residential lots in the subdivision range from 1.05 to 2.37
acres, with an average of 1.75 acres. The minimum lot size
required in the AR zoning district is .92 acres. In addition to the
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residential lots, a 2.92 acre open space lot is proposed resulting
in an overall project density of one dwelling unit per two acres.
Proposed building setback lines are larger than required by the
ordinance. The front setback on the lots is proposed to be SO
feet. The Zoning Ordinance requires a minimum front setback of
40 feet. The side and rear setbacks are proposed to be 30 feet.
The Zoning Ordinance requires 20 feet.
b. The retention and/or provision of landscaping and use of
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;
Most of the open field along the access road is designated as
common area, thus maintaining the scenic view provided by the
field. There will also be a Type A Buffer provided along New
Sharon Church Road to screen the view of the subdivision.
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.
Upon buildout, 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.
Approximately 2.92 acres of open space to be owned by the homeowner's
association is proposed along the western side of Pendleton Place.
There is no requirement for the dedication of recreation or open space
area.
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 run-off to prevent the pollution of water
supply reservoirs.
The stream shown flowing through the open space is not indicated on the
USGA quadrangle map, therefore a stream buffer is not required.
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However, the drainage area is located in the common area to allow
easier infiltration of storm water run-off and prevent pollution. The
depth of the open space lot adjacent to the stream ranges from about 150
to 250 feet.
5. Topographic and environmental features, such as streams, steep slopes,
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 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 SUN04ARY: The subdivision is located in the Litter River Watershed and
drains into the South Fork of the Little River. Although the subdivision road would be taken
over by the State if it was built to their standards, the subdivision is located in a rural area of
the County designated as Agricultural Residential in the Comprehensive Plan. A 2.92 acre
open space lot is proposed with a drainage easement running through the lot. Setbacks are
larger than required, on all lots. The private road would also reduce the impervious surface
area in the subdivision. Based on these factors the Staff recommends that the subdivision road
be private and constructed to Class B standards, as required for the number of lots to be served
by the individual private road.
02/05/1996 17:52 19105706873 NCDOT GRAN M DIST PAGE 02
15
STATE OF NORTH CAR.OUNA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B.GARRETT JR.
GovtmoR SECRETARY
P. O, Box 766
Graham, North Carol.ipa 27253-0766
February 2, 1996
ORANGE COWM
Eddie Kirk
Orange County Planning Department
306F Revere Road
Hillsborough, PC 27278
SUBJECT: Concept Plan Review: Pender Hill Subdivision
Located off New Sharon Church Road (SR 1538)
Dear Mr. Kirk:
i
This office has completed its review of the subject's proposed
concept plans for compliance with current Department of
Transportation minimum subdivision construction standards. We Wish
to advise that the concept plans rpeeiTed at this office on January
26, 1996 could be built to NCDOT Standards providw.d th*
owner/develuper adheres to attached requirements and the remarks
noted in red on the submitted plans.
Prior to any construction, the owner/d4veloper will need to submits
their final plans for review. The final plans should include the
horizontal and vertical alignment information, a typical section,
drainage facilities, vicinity map, and the number of lots with the
proposed driveway location. '
If you have any questions, feel free to call me or Mr. Michael
Venable at (910) 570-6633.
4incerely,
T. J. Dye
DISTRICT ENGINEER
Attachments
cc: J. W. Watkins. P.E. , Division Engineer
TJD/MSV/tca
8CA50201.TA1
i i
02/05/1996 17:52 19105706873 NCDOT GRAHAM DIST PAGE 03
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RECOMMENDATIONS AND COMMENTS
(Fender Hill Subdivision off New Sharon Church Road)
1. There must be a 75' tangent prior to the radius on Pendleton Place
at the connection to New Sharon Church Road (SR 1538) .
Z. Right of way should be dedicated along New Sharon church Road (SR
1538) .
3. Pendleton Place, should be realigned to tie in with Walker Farm
Road (Sit 1575) . Tf this is not possible, it should be centered
between Walker Faris Road and Carol Lane (private road) .
17
1
1/22/96 DRAFT PLANNING BOARD MINUTES
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.
NOTION: 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
18
The Planning Staff recommends approval of the
Preliminary Plan for Pendle Hill with a private
road built to class B standards and subject to
the conditions contained in the Resolution of
Approval.
Barrows asked the reason for the relocation of
the subdivision road. She noted that it was
across from Walker Farm Road on the concept plan.
Kirk responded that the original plan was for a
road directly across from Walker Farm Road to go
into the larger tract at the back. There is only
one perc site on that 20 acre tract. The road has
been relocated to the north so that it will not
cross the drainage swale in the common area.
Barrows asked why the Private Road Justification
indicated larger than average lots when Little
River Township is a Protected Watershed which
allows only one dwelling per two acres. She asked
if this, then would be a valid reason for private
road justification. Willis responded that when
reviewing private road justification, the base
zoning is used. The watershed overlay is related
to the overall density of the project for
watershed protection. Barrows continued that she
felt it did not make sense to convert to
something that cannot be realized when State
mandate for watershed protection only allows for
one dwelling per two acres.
Ann Joyner, developer, noted that private road
justification requirements relating to lot size
pertain to the underlying zoning district, not
to the density provided by the watershed
regulations. Using the watershed density as a
baseline for the private road justification would
require a change in the Subdivision Regulations.
Barrows noted that such a change would make more
sense.
Katz asked about the 75-foot buffer along the
road that appears to have been reduced to a 50-
foot buffer. Joyner indicated that it should be
a 50-foot buffer. It was 75 on the concept plan,
but with the size and shape of lots on the
preliminary, 75 would be too much.
Rosemond asked what uses would be in the open
space. Steve Yuhasz, surveyor, responded that
had not yet been determined but there would not
be any structures in the open space.
Waddell asked about access from Carol Lane rather
19
than New Sharon Church Road. Joyner responded
that she had spoken with that property owner on
two occasions and they were not willing to
provide access. Waddell noted disappointment that
access was not allowed from Carol Lane and
expressed concern that there would be almost
urban density of roads in this particular area
(every two hundred feet) . He was concerned that
this would create problems later.
Katz asked for clarification on the relocation of
the subdivision road. Joyner responded that
there was a severe swale at that point that
would require considerable buildup to align the
road with Walker Farm Road. The relocation also
allows for better erosion control. Yuhasz noted
that NCDOT is concerned with offset roads when
there are left turn conflicts. He indicated there
are no such conflicts at this site. Joyner
continued that contact with NCDOT indicated that
the site distance was very good with the
relocation.
Barrows asked about a shared driveway for lots 3
and 4. Joyner responded that a shared driveway at
that point would interfere with the perc sites.
The best soils are along the lines between lots 3
and 4. She continued that she felt there would
not be much advantage with a shared driveway on a
dead-end road. She noted it could also create
problems with road maintenance. Willis noted
that joint driveways are sometimes required when
they access arterial or collector roads. On
private roads they are sometimes required when
there are streams, stream buffer areas, or some
constraint that could be addressed by a joint
driveway. During review and discussion of the
subdivision, it was determined that a joint
driveway would not address any of those concerns.
Howie asked what is served by Carol Lane. Joyner
responded it serves 8 to 10 10-acre lots. Kirk
noted that those lots were not subject to the
subdivision process since they are over 10
acres. Joyner also noted that they are part of an
estate which involves several heirs.
Brown asked about the amount of open space and
Kirk responded 2.92 acres.
NOTION: Barrows moved approval as recommended by the
Planning Staff. Seconded by Reid.
VOTE: 7 in favor.
4 opposed (Reid, Waddell - preferred that
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Pendleton Place feed into Walker Farm Road
directly or access Carol Lane; Howie - agreed
with Waddell on access and encouraged the
developer to realign the road or share Carol
Lane; Brown - agreed, noting she felt it was a
public safety issue.
AGENDA ITEM #10: MATTERS PROPOSED FOR PUBLIC HEARING 2/26/96
a. Zoning Ordinance Text Amendments
( 1) Temporary Events
(2) Variances for Off-site Septic Easements in
Protected Watersheds
(3) Special Uses
AGENDA ITEM #11: PLANNING BOARD ITEMS
a. Time Frame for Continued Discussion of Flexible
Development Proposal
b. Report - Notification for Public Hearing Items
c. TAS & Update to Transportation Element Process
d. Report - Commissioners, Goal-Setting Retreat
e. Report - Residential Fiscal Impact Analysis