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HomeMy WebLinkAboutRES-2013-033 Resolution of Approval of Annandale at Creek Wood Preliminary Subdivision Plat RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date: April 23, 2013 Name of Subdivision: Annandale at Creek Wood Owner/Applicant: Patricia J. Yahner Whitfield Lots LCC 200 Kenilworth Place C/o Tom Heffner Chapel Hill, NC 27516 4130 Garrett Road Durham, NC 27707 The Board of County Commissioners hereby approves Annandale at Creek Wood Preliminary Subdivision Plat, dated April 4, 2013 containing the following.. • 11 lots slated for single-family residential development with a density of one (1) dwelling unit per every 3.31 acres of land area; • 2 roadways, specifically Dumfries Lane and Lochwood Court, constructed to North Carolina Department of Transportation public road standards; • Total open space of 12.16 acres; • A 75-foot vegetative buffer along Whitfield Road; and A 50-foot tree protection area around the perimeter of the project. The approval of this resolution authorizes and directs the Orange County Manager to accept for Orange County and on behalf of the public generally, the offer of dedication of all publically offered areas/easements, including Dumfries Lane and Lochwood Court, without maintenance responsibility. Per the Orange County Unified Development Ordinance (UDO) the applicant shall maintain all common areas and proposed roadways until such time as it is accepted for maintenance by a local homeowners association, the North Carolina Department of Transportation, or some other governmental body. Before the Final Plat of Annandale at Creek Wood can be approved by the Planning Department and recorded within the Orange County Registrar of Deeds office the following conditions shall be addressed: A. Declaration of Restrictions 1. The Orange County Planning Department shall author a Declaration of Restrictions (hereafter `the document') establishing and describing the various development restrictions, standards, conditions, and requirements associated with development of, and within, the project. The document shall be recorded concurrently with the Final Plat and approved, as to form and content, by the applicant and the County Attorney. 2. The document is not intended to serve, supplant, or take the place of any document recorded by the applicant establishing local homeowner covenants or deed restrictions enforced by either the applicant or an established homeowners association. B. 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. The septic system location may restrict the size and location of improvements. The document shall contain this statement and further indicate information regarding the tentative location of septic systems is available from the Orange County Health Department, Division of Environmental Health. Each lot that does not contain a suitable building site shall be designated both on the Final Plat and by instrument recorded in the Orange County Registrar of Deeds as restricted for development potential as set forth in the LIDO. 3. The owner/applicant shall not destroy trees located within identified land use buffers, open space areas, or tree protection areas denoted on the Final Plat for the installation of on-site waste disposal system drain or repair fields. 4. No septic system shall be located within a required stream buffer as detailed within the UDO. 5. The Owners shall include in the restrictive covenants provisions requiring each lot owner to have their septic system serving their lot inspected by a licensee of the North Carolina On-Site Wastewater Contractors and Inspectors Certification Board, who is properly registered to perform such inspections within Orange County, no less than one (1) time in every five (5) year period (unless inspections are required more often by rule or regulation of the Orange County Health Department) and to have the system pumped if recommended by the inspector. Payment for the inspections required under this condition shall be the responsibility of the individual lot owner or the homeowner's association as established by the governing Homeowner's Association declaration. These provisions shall be in a form approved by the County Attorney. C. Wells 1. Each residential lot shall contain an adequate area for the development of a well to provide potable water supporting development of the property as approved by the Orange County Division of Environmental Health. D. Roads and Access 1. Dumfries Lane and Lochwood Court shall be constructed to standards of the North Carolina Department of Transportation in accordance with the approved Preliminary Plat. Each roadway shall be located within a minimum 50-foot right-of-way, with 5-foot utility easements on each side, as well as the proposed stormwater management system. Construction shall be inspected and approved by NCDOT. OR A letter of credit or escrow agreement shall be submitted to secure construction of the aforementioned roadways to the standards of the North Carolina Department of Transportation in accordance with the provisions of the UDO. An estimate of the construction cost 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. In this instance, the document shall state posted financial guarantee(s) will not be released until the road construction has been inspected and approved by NCDOT. 2. All lots shall receive access from the internal subdivision roads as depicted on the approved Preliminary Plat. No driveway access for any of the lots shall be permitted off of Whitfield Road. 3. An erosion control and stormwater management plan for construction for the aforementioned roadways shall be submitted by the applicant to the Orange County Erosion Control Division for review and approval prior to any land disturbing activity on the site in accordance with the UDO. 4. Approved double-bladed street name signs shall be erected at the intersection of Whitfield Road and Dumfries Lane as well as Whitfield Road and Lochwood Court prior to Planning Department signatures on the Final Plat or prior to issuance of any building permit if road construction is secured by letter of credit as described herein. 5. Prior to any construction or alteration of any existing access within the right-of-way of Whitfield Road, the owner/applicant shall secure a driveway permit from the NCDOT District Office. The owner/applicant shall submit a copy of the NCDOT-approved permit and NCDOT approval letter to the Planning Department prior to, or at the same time as, the request for a grading permit is made, or before Planning Department signatures are affixed on the Final Plat, whichever is first. 6. Sight triangles (10' x 70') shall be shown on the Final Plat at the intersection with each of the aforementioned roadways and Whitfield Road. E. Land Use Buffers and Landscaping 1. The 75-foot wide land use buffer along Whitfield Road, identified on the approved Preliminary Plat, shall be preserved in perpetuity in accordance with the provisions of the UDO. The document, as well as any local covenants, shall require the applicant or future homeowners association to preserve the required land use buffer. 2. Trees within the tree protection area denoted on the approved Preliminary Plat shall be preserved as proposed by the applicant. 3. Upon completion of roadway improvements Planning staff shall complete an inspection in the area to ascertain if additional roadway plantings are required in accordance with the provision(s) of the UDO. In the event additional plantings are required, the applicant shall submit a formal landscape plan re-establishing required vegetation. The owner/applicant shall install landscaping as indicated on the approved Landscape Plan and the Planning Department shall inspect and approve such landscaping before signing the Final Plat. It should be noted no part of any additional landscaping shall encroach into the ten (10) foot by seventy (70) foot sight triangles at the public road intersection. OR The owner/applicant shall submit a letter of credit or cash bond to secure required landscape installation and preservation. The owner/applicant shall provide, as specified within the UDO, an estimate of the cost for required preservation, plantings and their installation. The financial guarantee shall reflect 110% percent of the estimate and be issued by an accredited financial institution licensed to do business in North Carolina. 4. Provision for protection of existing trees shall be included in the document. 5. Clear cutting or other removal of any trees or other vegetation on individual lots is prohibited as specified within the UDO. 6. The document will detail required tree plantings along common property lines for each of the 11 proposed lots. Development of each individual lot shall necessitate the submittal of a landscape plan providing documentation on the installation and/or preservation of existing vegetation to comply with established landscaping requirements detailed within the UDO. 7. The stream buffer area denoted on the approved Preliminary Plat shall be left in an undisturbed, natural state with the exception of the approved pedestrian bridge and accompanying pedestrian pathway installed consistent with the parameters of the UDO. F. Drainage 1. The applicant shall submit a final stormwater management and erosion control plan for approval by Orange County Erosion Control prior to the commencement of land disturbing activities. 2. Drainage easements shall be located on the Final Plat as required following review and approval of the stormwater management plan by Erosion Control staff. 3. Drainage culverts shall be sized and located appropriately, as required by NCDOT and Erosion Control, by a licensed North Carolina Professional Engineer. G. Parkland 1. At the time of recordation of the Final Plat, the applicant shall pay to Orange County a $5,005.00 ($455.00 times 11 lots) payment-in-lieu-of- parkland dedication fee. H. Construction Waste 1. Per Orange County Ordinance, clean wood waste, scrap metal and corrugated cardboard and all present construction waste, must be recycled. 2. Per Orange County Ordinance, all haulers of construction waste must be properly licensed. 3. Prior to any demolition or construction activity on the site the applicant will hold a pre-demolition/pre-construction conference with the County's Solid Waste staff. This may be the same meeting held with other development officials. G. Miscellaneous 1. The Final Plat shall contain a title block and vicinity map in accordance with the UDO. 2. The open space shall be conveyed into the Homeowner's Association before Planning Department signatures are affixed to the final plat. 3. Tree cutting in the delineated land use buffers along the perimeter of the project as well as Whitfield Road is prohibited except for necessary maintenance purposes that has been approved by County staff prior to any such tree cutting taking place. 4. Tree cutting/disturbance of flora within identified stream buffers shall only be permitted as detailed within the Orange County Unified Development Ordinance. 5. If street lighting is proposed, then a lighting plan shall be submitted to the planning office for review and approval prior to purchase of lighting fixtures from the utility provider. Any lighting shall meet the Outdoor Lighting Standards as set forth in the UDO. 6. A sign permit shall be obtained from Orange County for the subdivision sign located at or near the entrance of the subdivision prior to beginning construction. 7. Methods of disposal of trees, limbs, stumps and construction debris associated with construction activity shall be by some method other than open burning as required in the UDO. D. Certifications 1. A Certificate of Survey and Accuracy signed by a Professional Land Surveyor shall be notarized on the face of the Final Plat. 2. A Certificate of Declaration and Maintenance in the form provided in the LIDO 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 North Carolina Department of Transportation shall certify that the platted portions of Dumfries Lane and Lochwood Court have been entirely constructed to State standards or that construction plans have been approved prior to Planning Department signatures on final plat. 4. A Certificate of Approval signed by the Orange County Planning and Inspections Department shall appear on the face of the final plat. 5. All other required certificates detailed within the UDO, applicable to the project, shall be placed on the Final Plat for signature. NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that the Preliminary Plan for Annandale at Creek Wood Subdivision is approved in accordance with the above mentioned conditions and attached Preliminary Plat dated April 4, 2013. upon motion of Commissioner seconded by Commissioner 8V zj�JL, the foregoing resolution was adopted this the A3 day of 2013. I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on 3 , 2013 as relates in any way to the adoption of the foregoing and th t said proceedings are recorded in Minute Book No. of the minutes of said Board. WITNE S my d nd the seal of said County, this day of 013. Cler to the Bo rd of Comm' sz iz Ot�fi^'