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HomeMy WebLinkAboutAgenda - 11-04-1996 - 9a 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 4, 1996 Action Agenda Item#- SUBJECT: NEW HOPE SPRINGS, SECTION TWO -AMENDED PHASING PLAN ACTION BY: December 19, 1996 DEPARTMENT: Planning& Inspections PUBLIC HEARING: Yes X—No BUDGET AMENDMENT REQUIRED: Yes___X_No ATTACHMENT(S): INFORMATION CONTACT: Emily Cameron Letter Requesting Amendment Extension 2580 Vicinity Map Approved Preliminary Plan Staff Findings 10/2/96 Draft Planning Board Minutes TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham -688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: Consideration of a revised phasing plan for New Hope Springs Subdivision, Section Two. BACKGROUND: The Preliminary Plan for New Hope Springs, Section Two,was approved by the Board of County Commissioners on September 6, 1994. (Section One was approved and installed between 1991 and 1994.)In accordance with the provisions of Section III-D-2-f of the Subdivision Regulations,the Planning Department re-approved the Preliminary Plan in September 1995, since neither the subdivision design nor any condition of approval had changed. The administrative re-approval expired on September 12, 1996. The applicant is now requesting an amendment to the Phasing Plan to allow additional time for completing road improvements and recording final plats for four (4)phases in Section Two. The proposed amendment to the phasing plan calls for the final plat for the first phase of Section Two to be approved by September 30, 1997. Two(2)years per phase is allotted for the remaining three phases in Section Two. i, 2 The property is located in Chapel Hill Township south of Davis Road (SR 1129) at the end of Hope Valley Drive and New Hope Springs Drive, which are public roads built in Section One. Section Two includes a total of 33 acres and was approved for 26 lots that average 1.12 acres in size. Each lot has been approved by the Health Department for individual wells and septic systems. The applicant's letter of request and the Planning Staff s findings as per Section III- D-2-g of the Subdivision Regulations are attached. On October 2, the Planning Board considered the request and recommended approval of the amended phasing plan with a vote of 8 to 2. The opposing members stated that they felt two years was an adequate time period to develop Section Two. Minutes of the Planning Board meeting are attached. RECOMMENDATION: The Administration recommends approval of the amended phasing plan for New Hope Springs, Section Two. J E N�T 3 226 S. Churton St., Hillsborough, NC 732-6262 September 12, 1996 Emily Cameron Orange County Planning Department Revere Road Hillsborough,NC RE: Section Two"New Hope Springs" Dear Emily: I hereby request an amendment to the phasing plan for Section Two,"New Hope Springs"as follows: Phase A to be completed by September 30, 1997 Phase B to be completed by September 30, 1999 Phase C to be completed by September 30,2001 Phase D to be completed by September 30, 2003 Consider: 1. Each lot has been granted preliminary approval by the Health Department for installation of septic systems and NCDOT approval has been obtained for the construction plans for the required turn lane. 2. Steve Kelly,the developer,has completed Eagles Chase Subdivision in Orange County, and six other subdivisions(totaling in excess of 60 lots)in Person County. 3. Installation of the turn I=has been delayed by the difficulty in finding competent paving contractors who are willing to offer competitive bids for construction of the improvements. 4. The public policy goals for this area of Orange County have not changed since the imtal approval of the Preliminary Plan. 5. The time limit for the completion of Section Two has not yet lapsed. 6. If the phasing plan amendment is not approved,the developer will be required to submit new developaimt plans under the flexible development guidelines. This property is located between the already developed and nearly built out Section One,and the remaining(Section Three)property which is located in the Rural Buffer,where flemble devdopment is not applicable.Given the development costs already acpended in the current plan(septic system approval and road plans),it is unlikely that the developer would choose an open space option. A conventional development plan would be identical to the approved Preliminary Plan,thus no practical purpose exists for requiring submission of a new Preliminary Plan. 7. While extended in time,the installation of improvements relative to the creation of new lots would be unchanged. Sincerely, Steve F.Yuhasz for the developer,Steven L. Kelly — J •N� .� .�+ / .c •si f i 0 , ♦ r� .rte / �' •M� as :tf� •: t� t� ..a" c � .: .` © .+. �• `fir, �.- � � it it. s•• � :t _.� ? riots• i r� to Wow T 1 Ste.`ri.SCµ i/C^ .w r• _ sib it ~! O low _ as sv- ° ~....... i s. WOO 000 T i.+ • 4j J *a •. O I E)i dop • ... ,.• ...� w• .r r..,. ORANGE COUNTY PLANNING DEPARTMENT 5 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 �• e v y MEMORANDUM TO: Board of County Commissioners Planning Board FROM: Planning and Inspections Department SUBJECT: New Hope Springs, Section Two -Request for Amended Phasing Plan DATE: September 20, 1996 The criteria to be considered by the Board of Commissioners when reviewing a request for an amended phasing plan are listed below. The Planning Staff s findings based on evidence presented by the applicant are provided in italics. III-D-2-g. Farther Time Extensions Only one administrative re-approval may be approved for any subdivision.If a re-approved Preliminary Plat expires,the developer shall be required to resubmit a new Preliminary Plat for the tract or portion thereof for which approval has expired. The new plat shall be subject to all regulations in existence at the time of resubmittal. Provided,however,the development phasing plan approved as part of the Preliminary Plat(hereafter"the phasing plan'D may be amended by the Board of Commissioners upon application by the subdivider. In determining whether to approve an amended phasing plan,the Board of Commissioners shall consider: (1) whether or not approval of other diligently pursued regulatory requirements can be obtained before the expiration of the time periods established in the phasing plan; and (Each of the twenty-six lots in Section Two has received preliminary approval from the Health Department for on-site subsurface sewage disposal.) (2) the quality of and length of time of the experience of the subdivider in managing development projects;and (The developer, Steve Kelly, completed Eagles Chase Subdivision approved in Orange County in 1988. He has also built six[6]subdivisions including more than sixty lots in Person County.) 1 6 (3) whether factors other than market conditions and beyond the control of the subdivider caused a delay in meeting the phasing plan; and (Prior to beginning Section Two, the developer must install a left turn lane and a right turn taper on Davis Road The applicant indicates that he has encountered difficulty locating "competent paving contractors who are willing to offer competitive bids for construction of the improvements.") (4) whether the development project,if completed consistent with the Preliminary Plat,will tend to aid or meet an important public policy goal established by the Board of County Commissioners; and (Public policy goals affecting New Hope Springs Subdivision have not changed since 1994. The Preliminary Plat remains consistent with the Comprehensive Plan and the implementing ordinances that were in place at the time ofpreliminary approval.) (5) whether the application for an amended phasing plan was submitted before the previously approved time limit(s)has lapsed; and (The request for approval of an amended phasing plan was received prior to the expiration of the administrative re-approval of the Section Two Preliminary Plana (6) the possibility of and practicality of the subdivider and developer completing the development project consistent with Orange County regulations applicable if the phasing plan amendment is not granted;and (If the amended phasing plan is not approved, and if the developer chooses to proceed with Section Two, a new application would be subject to the procedures for Concept Plans adopted earlier this year with the flexible development standards. Section Two of New Hope Springs is located between Section One, which is almost built out, and Section Three which is in the Rural Buffer where flexible development does not apply. No open space was reserved in Section One or proposed in Sections Two and Three. If a new application were to be submitted for Section Two, the developer probably would not choose an open space option since he has already invested in the previously approved conventional plan.) (7) whether the time by which improvements must be completed or installed would not be extended by the revised phasing plan. (The improvements required for Section Two would remain the same, although the time period for installation would be extended according to the amended phasing plan) J 7 After consideration of the evidence submitted by the applicant concerning each of the factors listed above,the Board may,in its discretion and for good cause shown,grant the amendment to the phasing plan unless it concludes that to do so would not maintain or promote,in some specific manner,the general health,safety and welfare. If the Board approves an amendment to the phasing plan,it may require reasonable additional conditions of approval of the unapproved final plat(s). 16-2-S& PLAA1J6UA1Ci e0A.W M/AIUTEt5 D E3 AGENDA ITEM#8: SUBDMSION APPLICATIONS a. Preliminary Plans (1) New Hope Springs Amended Phasing Plan Presentation by Emily Cameron. The Preliminary Plan for New Hope Springs,Section Two,was approved by the Board of County Commissioners on September 6, 1994.(Section One was approved and installed between 1991 and 1994.)In accordance with the provisions of Section III-D-2-f of the Subdivision Regulations,the Planning Department re-approved the Preliminary in September 1995,since neither the subdivision design nor any condition of approval had changed The administrative re-approval expired on September 12, 1996. The applicant is now requesting an amendment to the Phasing Plan to allow additional time for completing road improvements and recording final plats for four (4)phases in Section Two. The proposed amendment to the phasing plan calls for the final plat for the first phase of Section Two to be approved by September 30, 1997. Two(2)years per phase is allotted for the remaining three phases in Section Two. The property is located in Chapel Hill Township south of Davis Road(SR 1129)at the end of Hope Valley Drive and New Hope Springs Drive,which are public roads built in Section One. Section Two includes a total of 33 acres and was approved for 26 lots that average 1.12 acres in size.Each lot has been approved by the Health Department for individual wells and septic systems. The applicant's letter of request and the Planning Staffs findings as per Section III-D-2-g of the Subdivision Regulations are included as attachments to these minutes on pages The Planning Staff recommends approval of the amended phasing plan for New Hope Springs,Section Two. Brown asked the exact location of the subdivision and Cameron indicated the location on the large land use map. Barrows asked why then was a need for an additional extension beyond the one allowed by the Staff. Cameron responded that then were problems securing contractors to do the road improvements. Katz asked about the statement in the letter from ENT Land Surveys regarding the difficulty in finding competent paving contractors. Steve Kelly,developer, responded that there had been difficulties with contractors commiting to reviewing the work to be done and offering bids. There were some problems with being able to obtain the asphalt needed. He continued that he is presently working with time companies to obtain information and bids on the construction of the turn lane and provision of asphalt. Price asked about the septic locations for lots 28 and 29. Cameron responded that lots 28 and 29 contain septic sites approved by the Health Department. J DG11 9 Brown asked if there were other reasons for such a long period of time for development. Mr.Kelly responded it was basically the problem with getting the turn lane in place prior to developing the next phase. The first phase has been sold out. Surveyor,Steve Yuhasz,noted that one of the conditions of approval was that the turn lane be completed before any of the other phases could be submitted. The hold up of the completion of the turn lane has been the major cause of delay. MOTION: Strayhom moved approval as recommended by the Planning Staff. Seconded by Hoecke. VOTE: 8 in favor. 2 opposed(Barrows and Brown-felt that two years was adequate for development and extension should not be granted). (2) University Manor (61 Lots-Chapel Hill Township) Presentation by Mary Willis. Copies of the abstract information,comments from the County Attorney,comments from NCDOT and the Resolution of Approval are attachments to these minutes on pages Willis distributed a table regarding payment-in-lieu for this subdivision and noted that the credit for dedication of the 30-acre park site exceeds the payment-in-lieu requirement. A copy of the table is an attachment to these minutes on page Willis reviewed the information regarding the water supply and emphasized the State and local procedural requirements related to community wells. Brooks referred to the concern regarding the extension of public water lines in case the community wells proved inadequate asking who would have to pay for such extensions. Willis responded that she felt it would be the responsibility of the individual homeowners. Allison asked if it was true that individual wells could be drilled on each lot. Willis responded that the Environmental Health Department,based on the general locations of the septic systems and the size of the lots,had indicated such an option is possible. Willis reviewed the information regarding the drainage easements noting it had been incorporated into the Resolution of Approval. She also noted that the comments from the County Attorney have been addressed in the revised Preliminary Plan and/or included in the Resohition of Approval. The Planning Staff recommends approval of the Resolution of Approval for the University Manor Phase II Preliminary Plan. Brown asked how many acres of the park have been dedicated thus far,including this Preliminary Plan. Willis responded that when the first phase was done, payment-in-lieu was required of approximately 54,000.00. At that time,it was not known that a single developer would be interested in the entire development. However the issue arose that if,at some point there was parkland dedication,it l 1