HomeMy WebLinkAboutAgenda - 12-02-1996 - 13c • 1
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ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 2. 1996
Action Agenda
Item #_j3_0
SUBJECT: Maxine Yates Pope -Preliminary Plan
ACTION BY: January 9, 1998
DEPARTMENT: Planning PUBLIC HEARING: Yes_x—No
BUDGET AMENDMENT REQUIRED: Yes_x—No
ATTACHMENT(S): INFORMATION CONTACT:
Resolution of Approval Jane Garrett
Application Extension 2581
Vicinity Map
Preliminary Plan TELEPHONE NUMBERS:
Hillsborough 732-8181
Letter Dated May 20, 1991 Addressed to Lisa Vetrano Durham 688-7331
Letter Dated June 4, 1991 Addressed to Luther I. Yates,Jr. Mebane 227-2031
Final Plat of Luther I. Yates,Jr. Subdivision Chapel Hill 967-9251
August 7, 1996 Planning Board Minutes
PURPOSE: Consideration of the Preliminary Plan for the subdivision of the Maxine Yates
Pope property.
BACKGROUND: The property is located in Eno Township beyond the end of Yates Road(SR
1563)on Yates Road Extension(south side). The property is zoned Agricultural
Residential, and located within the Lower Eno Protected Watershed.
The total acreage of the tract is 5.0 acres. The applicant/owner has proposed to
divide this tract into 2 lots. Both lots are to be served by a proposed private Class
C road(Peterpan Lane)via Yates Road Extension(public).
A Preliminary Plan is being presented to the Board of Commissioners because the
subdivision involves the dedication of a portion of Yates Road.
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2
Previous Subdivision on Yates Road -Luther I. Yates Jr.
In 1991 a relative of Ms. Pope (Luther I. Yates,Jr.) submitted a proposal to create
three lots at the end of Yates Road(Eno Township,Tax Map 20 Lots 25D, 25H
and 25J). Initially,this proposal was denied based on Section IV-B-3-d-1 (2)of
the Orange County Subdivision Regulations,which states that . . . "Public roads
are generally required in all subdivisions and will be required where it is found
that . . . the subdivision roads extend existing roads which are public".
The Yates subdivision required a 150' extension of Yates Road in order to
intersect with a new private road which would serve the three lots being created.
Because the extended portion of Yates Road was only 150 feet in length,that
portion was approved as a private rather than public road on the condition that any
future development on Yates Road Extension would require public dedication and
construction. Mr. Yates was notified to inform Bertha Yates Clark and Maxine
Yates Dean(now Pope)that any development of their property using Yates Road
Extension would require public dedication and construction to state standards(see
attached letter).
Appeal of Decision on Maxine Yates Pope Subdivision
On July 2, 1996,the Planning Staff reviewed a proposal submitted by Ms. Pope
to create two lots from an existing lot to the east of Yates Road Extension. The
Planning Staff required public dedication and construction to state standards from
the end of state maintenance to the intersection with the proposed Peterpan Lane.
This requirement is pursuant to Section IV-B-3-d-1 (2)of the Subdivision
Regulations as well as a condition of approval for the Luther Yates Minor
Subdivision. The adjoining parcel to which the public dedication connects
contains about 1850 acres. Ms. Pope appealed the Staff's decision regarding the
road classification to the Planning Board.
At its August 7, 1996 meeting,the Planning Board recommended public
dedication of Yates Road from the existing end of State Maintenance to the
eastern boundary of the property, with construction to Class B private road
standards from the end of State mainenance to Peterpan Lane. The Planning
Board also recommended public road construction as a condition of approval for
any future subdivision which would have access to the portion of Yates Road
Extension beyond the end of State maintenance. The vote was unanimous.
RECOMMENDATION: The Administration recommends approval of the Preliminary Plan for Maxine
Yates Pope as recommended by the Planning Board,per the attached Resolution
of Approval. The Administration also recommends that Yates Road Extension
be constructed to public road standards as a condition of approval for any future
subdivision which would have access to the portion of the road beyond the end of
State maintenance.
3
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date December 2, 1996
Name of Subdivision Maxine Yates Dean Pope
Owner/Applicant Maxine Yates Pope
The Board of County Commissioners hereby approves Maxine Yates Dean Pope subdivision
preliminary plat, dated October 11, 1996 and containing 2 lots, subject to the fulfillment of
requirements specified herein.
Before the Final Plat of Maxine Yates Dean Pope 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. Yates Road Extension from the point at which state maintenance currently ends,
to the eastern boundary of the lot 8A,as shown on the Preliminary Plat, shall be
irrevocably dedicated to the general public. The approval of this Resolution
authorizes and directs the Orange County Manager to accept for Orange County
and on behalf of the public generally,this offer of dedication. This acceptance by
Orange County of the dedication to the general public of said portion of Yates
Road Extension shall be without maintenance responsibility. This road shall be
maintained by the owner until such time it is accepted for maintenance by the
North Carolina Department of Transportation or some other governmental body.
2. Yates Road Extension shall be constructed to Class B private road standards
within a 50 ft. foot right-of-way from the point at which state maintenance
currently ends to the intersection with Peterpan Lane.
4
Yates Road Extension 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 or escrow agreement shall be submitted to secure construction
and inspection of Yates Road Extension from the end of State maintenance to
Peterpan 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 guarante. 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. Private Road Maintenance Agreements for Yates Road Extension and Peterpan
Lane shall be submitted to the Planning and Inspections Department and approved
by the County Attorney.
3. Lots 8A and 8B shall access onto Peterpan Lane. 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-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.
OR
Guaranteed financially through a letter of credit or escrow agreement submitted to
secure landscape requirement installation and preservation. An estimate of the
cost for required preservation,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
5
requirements to be prepared by Planning Staff and recorded concurrently with the
Final Plat.
D. Drainage
1. A stream buffer shall be provided for as indicated on the Preliminary Plat along
Lots 8A and 8B. The width of the buffer shall be stated on the face of the plat.
Development restrictions within the buffer shall be specified in a document
describing development restrictions and requirements to be prepared by Planning
Staff and recorded concurrently with the Final Plat.
2. Impervious surface data pursuant to Article 6.23 of the Zoning Ordinance shall be
included in a document describing development restrictions and requirements to
be prepared by the Planning Staff and recorded concurrently with the Final Plat.
E. Parkland
1. Cash in the amount of$455.00 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.
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.
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
MAJOR SUBDIVISION a/ss 6
ORANGE COUNTY
DATE:
PLEASE TYPE OR PRINT (INK ONLY) 7A`, -r��
Z5
SUBDIVISION NAME: /V►AXWE. -XAM POPE r
LOCATION: ATZ6 'uA<D E9TEN610ti
OWNER/DEVELOPER: LI II4AME Aez A00YE
ADDRESS: 41i owODD i))24m TELEPHONE NO.:
-""AA. N C 477IZ
AGENT/CONTACT: 6AME TELEPHONE NO.:
A. SUMMARY INFORMATION:
/�,�
Orange County Tax Map W Block Lot(s) gtFE Township END
Zoning District(s): A4ll2-iCULTk A•L—aJl QOE)(lT?AL fAA)
Total Number of Acres: 15 Phases: �
Total Number of Lots: �_ Average Lot Size: Z.Q AC. Minimum Lot Size: Z.OyAC.
Number/Type of Structures: (existing) (proposed)
Lineal Feet in Streets: Cj Zj+ Acres in Open Space:
Water Supply: Public (specify) Community K Individual
Wastewater Disposal: Public (specify) Community X Individual
Sbhool District: VUANQE eDGWTt/ Fire'District: ENO -
General Land Uses in Area: 2xPSIDE KM AL-
Critical Areas: X stream/drainageways flood prone areas
LOWErIrENO L- _ MD watershed (specify) historic sites
other (explain)
Is the property to be subdivided currently under'farm use value taxation'? Yes_No X. 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 (1'=200') end
no larger than one inch equals twenty feet (1'=20') and must contain the follow(ng'inforrnation:
W. subdivision name zoning of tract and adjacent•
name &address of ownerls) properties
name &address of subdivider building setback lines by notation
(if other than owner) or typical lot layout
>% name of surveyor, engineer, location and width of existing and
landscape architect or architect, proposed easements (drainage,
° address, registrstion #and seal utilities, roads, etc.)
° (tide) Preliminary Plan existing, Proposed and adjoining
' scale. north arrow g aY
� ri hts-of-w including dimensions
Q3 data Gncluding revision dates) and street names and state road
w township,tax map-block-lot _ numbers. Linea( feet of road
4J w references centerlines and approximate
Parent Parcel Identification # acreage of new street rights-cf-
�+ deed book and page M of property way
4J w to be subdivided ` existing and proposed utilities,
r-44 co boundary described with bearings including type, sizes, hydrants,
c � and distances valves, manholes
v total acreage of the tract and existing and proposed curbs,
acreage of lots, including and gutters and culverts, including
U v excluding area within rights-of- sizes and grades
t L way location and width of alleys,
CJ to control comer sidewalks, bike lanes, transit
systems, and bus stops
(please complete reverse side)
lot & block numbers intersection details including
phasing lines design and width Of tfavalway and 7
>1 topography at tan toot (10) shoulders
intervals
horizontal alignment and general
0 water bodies, streams, floodway curve data (public roads)
a) and floodplains
centerline radius on all proposed
stream buffers streets
location and size of parcels Permanent features such as
to U dedicated for Public use, buildings, cemeteries, historic
E -;-4
Q) Q-4 recreational use or reserved in landmarks
U-4
0 common, with purpose noted adjoining lot layout names of
t4 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
a co
a) location of subdivision with streets perimeter lot numbers.
E 0 W and roads identified by State road location and size of lots of
ca
number and name restricted development potential
U --a 2_2 landscaping and buffer and notation on plat regarding
W (a requirements same
= township, corporate and extra- stormwater detention and/or
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
_7 1. Twenty-five (25) copies 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 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 (3as 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 9Cr*=&-nen%. 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 beirig-mot.
a. Fee - $350.00 plus $5.00 per lot(1 fee for preliminary and final plat).
7. If the subdivision contains 10 lots or more the following information shall be submitted with the
application:
4. Number of years to buildout
b. Number of houses to be built during each year to buildout
1c. Average price of houses including lots f6raich-y-satio-buildout_
1, the applicant, hereby certify that the foregoing application is complete and accurate.
APPLICANT'S SIGMA OWER-S 516ATURE
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ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD 12
HILLSBOROUGH, NORTH CAROLINA 27278
May 20, 1991
Lisa vetrano
P. O. Box 223
Hillsborough, NC 27278
Re: Luther I . Yates, Jr. Minor Subdivision
Eno Township-Tax Map 20, Lot 25D
Dear Lisa:
The Final Plat for the Minor Subdivision you submitted was reviewed by
the Orange County Planning Department on May 16, 1991 . The proposal as
submitted would constitute a Major Subdivision. The reason being
that state maintenance ends at one point and an extension of the public
road is proposed. The Orange County Subdivision Regulations require
extensions of public roads to be constructed to current state
standards. Incidentally, current standards require hard surfacing.
The extension of course, would be publicly dedicated which requires
approval of the Board of Commissioners .
An alternative to the Major Subdivision process would be to pursue an
easement directly off the state maintained road. Therefore, a revision
is required if the Major Subdivision process is not desired.
Cordially,
Jane A. Garrett
Planner
ORANGE COUNTY PLANNING DEPARTMENT 13
306F REVERE ROAD
Hll.i.SBOROUGH., NORTH CAROLINA 27278
June 4, 1991
Luther I. Yates, Jr.
3134 Yates Road
Hillsborough, NC 27278
Re: Luther I . Yates, Jr. Minor Subdivision
Eno Township - Tax Map 20, Lot 25D
Dear Mr. Yates:
Please be advised that the Final Plat for the Minor
Subdivision you submitted was approved with conditions by the
Orange County Planning Department on May 28, 1991 . Listed
below are the requirements which must be met in order to
receive approval of the Final Plat and have it recorded.
After the Plat is recorded, ownership may be transferred and
building permits may be obtained if so desired.
Application Materials and Fees
1 . Submittal of application materials for Final Plat
approval. The application form is attached for your
convenience.
21 Payment of application fee ( $117 .00)
3. Payment-in-lieu of parkland dedication. The amount
required for this subdivision will be equal to 1/35 of
the assessed value of one acre of the property. Thus,
the fee is $75.00.
Private Road and Road Maintenance Agreement
The private roads (Yates Road Extension and Pain Lane) are
approved at Class C standards (8 ft. travelway) . Yates Road
Extension provides access to a total of 3 lots, therefore, it
must be constructed to County standards prior to Final Plat
approval. However, because Pain Lane is intended to serve
only 2 lots, construction to County standards is not
required. Orange County recommends that this Class C road be
built to standards in order to provide 'adequate access .
14
Luther I. Yates, Jr .
June 4, 1991
Page Two
Private road construction must 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. Also, the
location of the travelway within the right-of-way must be
certified to be within the platted private road right-of-way.
The road must be inspected during construction so that any
changes or improvements necessary to insure approval can be
made before the stone is placed and the shoulders and ditches
are seeded and mulched. In order for this to happen, the
subdivider or representative must inform the professional
making the certification prior to the start of construction
and at intervals during construction when inspections are
needed so that they can be scheduled.
Inspections by the Planning Department are made only to
insure that the road is built to the required dimensions;
that the stone travelway is provided to the required width;
adequate drainage is provided; any disturbed areas are seeded
and mulched to establish permanent vegetation; and to see
that the road sign is in place. The subdivider is
responsible for supervising construction and for quality
control inspections for clearing and grubbing of the right-
of-way, compaction of fill, construction materials, and so
forth. The subdivider or representative should employ a
qualified grading contractor (and supervisor is necessary) to
insure that the road is in the correct location and that
acceptable methods and materials are used.
An alternative to construction is to secure an Irrevocable
Letter of Credit from an accredited financial institution.
In doing so, you must first obtain an estimate of
construction costs from a certified grading contractor. The
Letter of Credit must reflect 110% of that estimate. Submit
the original document to the Planning Department so it can be
forwarded to the County Attorney for approval. Bonds or
Letters of Credit cannot be released or reduced until
completion of the road is certified. Arrangements for
payment between the subdivider and contractor are not the
responsibility of the Planning Department Staff.
A road maintenance agreement (RMA) is required for the
private portion of Yates Road as well as for Pain Lane as
these are two separate roads. An Easement Agreement may also
be required for Yates Road Extension. Please consult your
attorney regarding this . A sample format of the RMA and
Easement Agreement is enclosed. The County Attorney must
also review and approve these documents .
The RMA will include a requirement that a road name sign for
Pain Lane be installed when the road is built. Enclosed are
15
1 Luther I . Yates, Jr.
June 4, 991
Page Three
the County' s road sign specifications and sign companies
which are familiar with these specs .
As a measure of caution please inform Bertha Yates Clark and
Maxine Yates Dean that if they ever decide to subdivide their
propery Yates Road Extension must be dedicated as public and
constructed to state standards.
NOTE: Private road construction must also conform to the
requirements of the Orange County Erosion Control Ordinance.
The ordinance requires that reasonable measures be taken to
keep sediment on the site of a land disturbance regardless of
the amount of area uncovered. When the amount of disturbance
exceeds 20,000 square feet, the property owner or agent is
required to submit an erosion control plan and obtain a
grading permit before starting any timbering, clearing, or
grading. Generally, permits are required when a private road
is more than 650 feet long, assuming the width of disturbance
averages 30 feet. Contact the Erosion Control Supervisor in
the Planning Department for assistance.
Changes and/or Additions to the Final Plat.
1. A minimum width of 150 ft. must be met around the t'
turnaround for Lot 1.
2. Dedicate a 50 ft. right-of-way beyond the t' turnaround
extended to the northernmost property line of Lot 1 .
Landscape Plan
Label two copies of the Final Plat (in addition to the
required eight copies) , as "Landscape Plan" , and provide the
following information on the two (2) copies:
1 . Indicate areas which are wooded.
2 . Describe the types of trees. For example; hardwood or
pine forest, oak, cedar, maple, etc .
3. Label the area within the building setbacks as "tree
protection area" . (The building setback is 40' from the
right-of-way for the front yard, and 20' from the side
and rear property lines . )
4. Provide the following note on the Landscape Plan:
"Existing trees will be preserved to meet the landscape
requirements of Section rV-B-8-d-1 of the Orange County
Subdivision Regulations. "
16
Luther I . Yates, Jr.
June 4, 1991
Page Four
Emily Cameron of the Planning Department will determine if
there is enough existing vegetation to meet landscape
requirements. If there is not enough existing vegetation,
you may be required to plant additional trees . In that case,
Emily will let you know how many trees need to be planted,
and how to proceed if you wish to record the plat before the
trees are planted.
Health Department Approval
A copy of the Final Plat must be signed by a sanitarian of
the Orange County Environmental Health Division, certifying
that each lot contains an approved percolation site.
After the above requirements are met, the Planning Department
will approve the Final Plat. The Final Plat and Road
Maintenance Agreement can then be recorded. In addition,
Planning Staff will prepare a document which describes
subdivision and zoning restrictions which apply to the.
property such as setbacks and landscaping. - This document
will also be recorded with the Plat.
Should you have questions or comments, please contact me at
732-8181, extension 2581 or visit the Planning Department.
Cordially,
A&L d,,AUAXZ
Jane A. Garrett
Planner
JAG/jmb
Enclosures
xc: Lisa Vetrano
Steve Yuhasz
8/7/96 Planning Board Minutes 17
Brooks reported that the seminar she attended seemed to be more geared to
professional planners than to planning advisory board members. While she did learn
some things,she felt it would have been more beneficial if more emphasis was
placed on volunteer board members and their function.
Jobsis asked if the Institute of Government would provide someone to come to
Orange County and present training and information tailored to Planning Board
members. Staff indicated they could contact the Institute for information on such
training. By consensus,the Board agreed they would be in favor of training
sessions.
AGENDA ITEM#8: SUBDMSION APPLICATIONS
a. Appeal
1)Maxine Yates Pope
Presentation by Jane Garrett.
This item is for consideration of the Concept Plan for the subdivision of the Maxine
Yates Pope property. The applicantlowner is appealing a determination made by the
Planning Staff.
The property is located in Eno Township beyond the end of Yates Road(SR 1563)
on Yates Road Extension(south side). The property is zoned Agricultural
Residential,and located within the Lower Eno Protected Watershed.
The total acreage of the tract is 5.0 acres.The applicant/owner has proposed to
divide this tract into two lots. Both lots are to be served by a proposed private
Class C road via Yates Road Extension(private).
In 1991 a relative of Ms.Pope(Luther I.Yates,Jr.)submitted a proposal to create
three lots at the end of Yates Road(Eno Township,Tax Map 20 Lots 25D,25H,and
25J). Initially,this proposal was denied based on Section IV-B-3-d-1(2)of the
Orange County Subdivision Regulations which states that..."Public roads are
generally required in all subdivisions and will be required where it is found that...the
subdivision roads extend existing roads which are public'. However,an exception
was made(by the Planning Director)to allow that portion of Yates Road Extension
to be classified as private because the area consisted of less than 150 feet and on the
condition that any future development on Yates Road Extension would require
public dedication and construction to state standards(copy of letter an attachment to
these minutes).
On July 2, 1996,the Planning Staff reviewed the proposal submitted by Ms.Pope
and determined that the entire portion of Yates Road Extension must be dedicated as
public and constructed to state standards from the end of state maintenance into the
said property where the proposed Class C road begins. This requirement is pursuant
to Section IV-B-3-d-1(2)of the Subdivision Regulations as well as a condition of
approval for the Luther Yates Minor Subdivision.
The Planning Staff recommends that the entire length of Yates Road Extension be
publicly dedicated and constructed to NCDOT standards from the end of state
maintenance into said property where the proposed Class C road begins.
18
r
Jobsis asked for the applicant's comments.
Ms.Maxine Pope stated that she felt it was unfair to require her to construct a public
road. She was not notified in 1991 by Mr.Yates as he was requested by the
Planning Director. Ms. Wendy Browning,co-applicant with Ms.Pope,stated that
had they known of such a requirement in 1991,they could have made different
arrangements for the property.
Price stated that she felt this was inconsistent with previous subdivisions. Garrett
responded that according to the ordinance,this is the extension of a State road.She
continued that Staff is following the ordinance and the ordinance requires
dedication.
Price asked why it could not be considerec a driveway.Garrett responded because it
is the extension of a public road and it is the letter of the ordinance that it be
dedicated as public. Price asked if the road could be abandoned and make a
driveway. Mr.Yuhasz responded that if the appeal fails,efforts will be made to
obtain an easement from Mrs.Clark which will create a much longer driveway and
disturb a greater number of trees as well as creating many more problems. He noted
that it is an extension of Yates Road Extension Private rather than an extension of
the public road. He continued that NCDOT has paved Yates Road and it ends in a
cul-de-sac. Thus,the extension is off the cul-de-sac.
Strayhorn stated that he did not feel that it made sense that it should be paved for
two lots.
Brooks asked if the subdivision issue is the only issue that created the need for
paving/dedication as public. Garrett responded yes. Willis clarified that this is the
last chance for this road to be included in the public road system.
Allison asked who owns lots 25 and 25H. Garrett responded that these lots were
created and placed under separate ownership in 1991. He asked if lot 25 must be
crossed to get to lot 25E and the response was yes. Lot 25 is owned by Bertha Clark.
Brooks asked why it must be dedicated now rather than later. Willis responded that
this is the last chance for the County to require public dedication. The owner could
dedicate on his own,but,this would be the last chance for requirement. Mr.Yuhasz
noted that there was an offer of dedication for future development at the concept
plan stage,but,the owners are not willing to construct it at this time.
Jobsis asked if the County has a vested interest in getting these roads paved. Willis
responded that the offer of dedication is accepted when the plat is recorded. The
road would have to be constructed to NCDOT standards if it were to be maintained
by the State. That would address the issue of access.
Strayhorn asked if the State had plans for extension of this road and the response
was no.
Jobsis asked if the Board has leeway to make deviations from the ordinance.
Strayhorn asked if it is policy for the County to get right of way whenever possible
for the State in case of the possibility of road paving or extension. Willis responded
that it is a part of planning ahead for a road network.
19
It was noted that the 1000 acre tract east of the proposed subdivision has access to
Highway 70.
Price stated that she felt this should be considered a driveway since the cul-de-sac
indicated that was the end of the road. She also noted that they are not building a
new road,the driveway is already existing,therefore,she felt this requirement does
not apply. Garrett responded that this was not the planners interpretation. Anytime
a tract of land is created into smaller lots it is considered a subdivision. Price agreed,
but again noted that a new road was not being constructed.
Allison asked for clarification of statement made by Willis regarding public
dedication at the present time with a Road Maintenance Agreement for construction
and maintenance of a private road. Willis responded that she felt this would be an
acceptable solution. This suggestion was acceptable to the applicants.
MOTION: Allison moved public dedication of the right-of-way,with a Road Maintenance
Agreement for private road construction and maintenance with public road to be
constructed if there is further subdivision. Seconded by Brooks.
VOTE: Unanimous.
b. Concept Plans
(1) Davi-Net
(21 Lots-Eno Township)
Presentation by Mary Willis.
The property is located at the northwest intersection of Mr.Herman Church Road
(SR 1713)and Old NC#10(SR 17 10)in Eno Township. It is zoned Rural
Residential (R-1)and designated Lower Eno Protected Watershed(L-ENO-PW)in
the Land Use Element of the Comprehensive Plan.
The area proposed for development is 28.62 acres in size with 21 lots proposed.Lot
sizes range from 40,000 square feet to 1.64 acres.The lots will be served by
individual septic systems and a proposed community well.
Access to the property is from Old NC#10. The streets will be public and
constructed to NCDOT standards.All lots will receive access from the internal
subdivision roads.
The subdivision application materials were submitted on June 18, 1996,prior to the
implementation date for the current Flexible Development provision.The Planning
Staff recommended changes to the original design in order to improve access.The
Subdivision Regulations in effect at that time required that the subdivision be
presented to the Planning Board within 45 days of acceptance unless a longer period
is approved by the applicant.
The 45 day time limit would have been up on August 2. However,we have received
a letter from the applicant indicating approval of a longer period. Due to the
Planning Board meeting being moved up in July from the 15th to the 9th and the
changes being made to the original design,the subdivision did not get on the July
agenda. Based on these factors the subdivision is being considered under the
provisions prior to the implementation date for the Flexible Development provisions.