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HomeMy WebLinkAboutAgenda - 12-17-1996 - 8f a 1 ORANGECOUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 17, 1996 Action Agenda Item # 9-f SUBJECT: Revocation of Preliminary Plan- Fox Hill Farm Phase IIA DEPARTMENT: PLANNING PUBLIC HEARING Yes_x—No BUDGET AMENDMENT REQUIRED Yes x No ATTACHMENT(S): INFORMATION CONTACT: Resolution of Approval Mary Willis Declaration of Restrictions Extension 2583 Recorded Deed TELEPHONE NUMBERS: Resolution of Revocation Hillsborough- 732-8181 Final Plat Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: Revocation of the Preliminary Plan for Fox Hill Farm Phase IIA. BACKGROUND: The table below provides a summary of subdivision activity which has occurred since 1991 on approximately 1500 acres owned by Randall Fox, in the vicinity of Miller Road and Baldwin Road in Eno Township,known as Fox Hill Farm(map attached). FOX HILL FARM-SUBDIVISION ACTIVITY Phase IA • 81ots, south of Miller Road • 10+acres(exempt from Subdivision Regulations) • Recorded 6/10/91 Phase IB • 18 lots, south of Miller Road • Average lot size 2.5 acres • Preliminary Plan approved 4/6/92 • Final Plat released 11/10/92 Phase IC • 39 lots,north of Miller Road • Average lot size 1.5 acres • Preliminary Plan approved 12/5/94 • Final Plat released 10/3/95 Phase IIA • 43 lots, east of Baldwin Road • Average lot size 2.25 acres • Preliminary Plan approved 10/4/93 • Final Plat for Phase IIA-1 (13 lots)released 1/11/95 A Final Plat for the remaining 30 lots was not submitted. The Preliminary Plan has now expired.) r, 2 Improvements required for Phase I have been completed, and residences have been built on 16 of the 64 lots. Only 13 of the 43 lots approved in the Preliminary Plan for Phase IIA were recorded prior to its expiration. Road improvements were secured through a letter of credit, The letter of credit used to secure improvements for Phase IIA-1 differed from standard letters of credit in that: 1) it was issued for two years rather than one year, and 2) it was designed be used as the security for additional phases of the development, so that separate letters of credit would not have to be prepared for each new phase. The amount of the letter of credit was $500,000, which exceeded the estimated $74,000 needed to construct Fox Hill Farm Drive and Northfield Lane in Phase IIA-1. The amount was larger in order to accommodate the largest anticipated security that would be needed at any given time during development of the remaining phases. Since the sale of lots in Phase I has been slow,the applicant has chosen not to seek approval of additional phases at this time In addition,the lots which were created in Phase IIA-1 (none of which have been sold)have been recombined with the adjoining land owned by the applicant,thereby eliminating the subdivision lots. The property owner has requested that the letter of credit be released, since there are no lots to be served by a new road. Fox Hill Farm Drive and Northfield Lane were approved as public roads, and the rights-of-way for both roads were accepted by Orange County when the Final Plat was recorded. The recombination of the lots does not relieve the applicant of any requirements included in the Resolution of Approval, including the requirement to construct Fox Hill Farm Lane and Northfield Lane prior to release of the letter of credit, and does not abandon the road dedication. These actions could be accomplished by revocation of the Board of Commissioners October 4, 1993 approval of the Preliminary Plan. Revocation of the Preliminary Plan approval will restore the property to its pre- approval status. Any future development application will be considered a new request, subject to all requirements, including provisions related to Flexible Development, in effect at the time of submittal. RECOMMENDATION: The Administration recommends that the October 4, 1993 approval of the Preliminary Plan for Fox Hill Farm Phase IIA be revoked,per the attached Resolution. 3 Fox Hill Farm -y � • C I ♦ � � 3 IL,4l (expo red) Orange County Planning & Inspections Department Phase Two Section A-1 12-3-96 Beth McFarland Lots Combined n 4 ��lJ�'�"—'"�-Ip �ODC /'r�ee !'�J� Z�Za C.t o.t t I?��t' �.� S a�7� /�i �s.,►�rr+r N G. Bom1318 mrr,_ 449 277oS PREPARED BY PLANNING DEPARTMENT ORANGE COUNTY NORTH CAROLINA DECLARATION OF DEVELOPMENT FOR MULTIPLE PIN SHEET RESTRICTIONS AND REQUIREMENTS SEE BOOK`PAGF, '/I/_ RECORDED CONCURRENTLY WITH FOX HILL FARM.PHASE TWO SECTION "A-1" SUB IVLSION PLAT BOOKIPAGE OWNER: Randolph D. Fox This DECLARATION, made this I _ day of _1Z~v , by Randolph D. Fox, the owner of the property described in the Property Description section of this declaration, hereinafter called Declarant. VVITNESSETH Declarant agrees for himself and with any and all persons, Firms or corporations hereinafter acquiring any of the property described in the Property Description section of this declaration, that the same shall be subject to the following restrictions, conditions, and covenants relating to the use and occupancy thereof, which restrictions, conditions, and covenants shall run with the said property and insure to the benefit of and be binding upon the heirs, successors and assigns of the Declarant and other acquiring parties and persons. PROPERTY DESCRIPTION Being all of Lots 1 through 9 and.40 through 43 as shown on the plat entitled "Final Plat- Fox Bill Farm Phase Two Section 'A-1'", dated October 3, 1994, as drawn by Edward C. Credle, R.L.S., of Credle Engineering Company Inc., and recorded in Plat Book„2-3-, Page�_, Orange County Registry, hereinafter "the property" or "the subdivision". SETBACKS Building structures shall meet applicable setbacks as required by Section 5.1.1 of the Zoning Ordinance. Said ordinance requires that all structures maintain a front yard setback of 40 feet, measured from the edge of right-of-way, and a setback of 20 feet from side and rear lot lines. (See Plat and/or covenants for additional setbacks.) Exceptions to the setback requirement include certain architectural features (such as corners, eaves, and gutters), an unenclosed balcony or fire escape, and an attached private garage or carport. See Section 6.6 of the Orange County Zoning Ordinance, available at the Planning Department for specific regulations relating to these exceptions. 1 nox1318 i,,GE 40 5 IMPERVIOUS SURFACE CALCULATION An impervious surface is a surface composed of any material which impedes or prevents the natural infiltration of water into the soil. Such surfaces shall include any gravel, concrete or asphalt surface. These would include, but not be limited to, streets and parking areas, sidewalks, patios and structures which cover the land. In order to promote infiltration of stormwater runoff into the soil and to minimize direct and immediate runoff into streams and water supply impoundments, impervious surface ratios are required for all subdivisions located within a protected watershed. Modifications of the Impervious Surface Ratios may be requested through variance procedures of the Orange County Board of Adjustment. A portion of the property within the Fox Hill Farm Phase Two Section A-1 Subdivision is in the Agricultural Residential (AR) zoning district and L-ENO-PW overlay. The impervious surface shall be limited to thirty six percent (36%) of the total area of the development. The permitted square footage for impervious surface on each lot is calculated as follows: Lot 40: 31,363 sq. ft. Lot 41: 25,404 sq. ft. Lot 42: 26,502 sq. ft. Lot 43: 37,165 sq. ft. LANDSCAPING Existing trees shall be preserved to satisfy the landscaping requirements pursuant to Section IV-B-8-d-1 of the Subdivision Regulations. Clear cutting of trees is prohibited. No trees measuring twelve (12) inches or more in diameter at a point four and one half (4.5) feet above the ground shall be cut. An exception shall include clearing of trees for the location of buildings, driveways, septic systems, and garden areas. SEWAGE DISPOSAL Location of sewage disposal systems may restrict the size and location of improvements on each lot. Information regarding the tentative location of septic systems is available from the Orange County Health Department, Division of Environmental Health. OTHER RESTRICTIONS All lots shall receive access from the internal subdivision roads instead of Miller Road or Fox Hill Farm Drive. 2 Boox 1318 r,w rL 451 • 6 CERTIFICATE OF DEDICATION AND MAINTENANCE "The undersigned hereby certifies that the land shown on the subdivision plat referenced under 'Property Description' on page 1 is owned by the undersigned and is located within the subdivision-regulation jurisdiction of Orange County and hereby freely dedicates all rights-of-way, easements, streets, recreation area, open space, common area, utilities and other improvements to public or private common use as noted on this plat, and further assumes full responsibility for the maintenance and control of said improvements until they are accepted for maintenance and control by an appropriate public body or by an incorporated neighborhood or homeowners association or similar legal entity." OTHER RELATED DOCUMENTS Documents recorded concurrently with the Final Subdivision Plat may be revised and re-recorded at a later date. Check property record through the Orange County Register of Deeds to identify all documents recorded for this property. DURATION OF RESTRICTIONS The restrictions imposed by this Declaration shall remain in full force and effect until such time as they are removed by the official legislative or administrative action of Orange County or another governmental unit with jurisdiction over the property. IN WITNESS WHEREOF, Declarant has caused this instrument to be signed and sealed on the day and year first written above. By: - Ran ph D. Fox NORTH CAROLINA Q,QAnI e E COUNTY I, EjrdAf77" Y' AaI4#7- , Notary Public for said County and State, certify that Randolph D. Fox personally came before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal, this the /0 day of -9w d t R y Notary Public `�•J�•,..•••.•.•••y,�y My commission expires: A4,4)o, , 19 cco 100 &B FILED �'Q.� .•,•,. C�N$ 11 JAN 1995, at 11:07: 1 OAM��'�.�,��i,�C, Book 1318, Page 449 - 451 NORTH CAROLINA - ORANGE COUNTY Betty June Haves, RESOLUTION 7 OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date October 4. 1993 Name of Subdivision Fox Hill Farm Phase Two Section "A" Owner/Applicant Randolph D. Fox The Board of County Commissioners hereby approves Fox Hill Farm Phase Two Section A subdivision preliminary plat, dated July 19, 1993 and.revised August 2, 1993 and containing 43 lots, subject to the fulfillment of requirements specified herein. .. Fox Hill Farm Drive, Northfield Lane, Rosebriar Place, Little Leaf Lane, Spring Knoll Place and Glen Mist Place shall be irrevocably dedicated to the general public and be constructed to standards of the North Carolina Department of Transportation. 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 Fox Hill Farm Drive, Northfield Lane, Rosebriar Place, Little Leaf Lane, Spring Knoll Place and Glen Mist Place. This acceptance by Orange County of the dedication to the general public of Fox Hill Farm Drive, Northfield Lane, Rosebriar Place, Little Leaf Lane, Spring Knoll Place and Glen Mist Place shall be without maintenance responsibility. These roads shall be maintained by the owner/applicant until such time as they are accepted for maintenance by the North Carolina Department of Transportation or some other governmental body. Before the Final Plat of Fox Hill Farm Phase Two Section "A" 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. The septic system location may restrict the size and location of improvements. This disclosure 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. Fox Hill Farm Drive, Northfield Lane, Rosebriar Place, Little Leaf Lane, Spring Knoll Place and Glen Mist Place shall be constructed to standards of the North Carolina Department of Transportation, within a 50 foot right-of-way, and the construction shall be inspected and approved by NCDOT. 1 OR 8 A letter of credit, escrow agreement, or bond shall be submitted to secure construction of Fox Hill Farm Drive, Northfield Lane, Rosebriar Place, Little Leaf Lane, Spring Knoll Place and Glen Mist Place to the standards of the North Carolina Department of Transportation. 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. 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 inspected and approved by NCDOT. 2. All lots shall receive access from the internal subdivision roads instead of Miller Road or Fox Hill Farm Drive. 3. At the street rights-of-way intersections, sight-triangles shall be indicated in accordance with NCDOT design standards. 4. Approved street name signs shall be erected at intersections as required in Section IV-B-3-c-12 of the Orange County Subdivision Regulations. Evidence shall be submitted by the applicant that signs are in place or a copy of the receipt for purchase of the signs shall be submitted to the Planning Department. 5. Temporary turn arounds to NCDOT standards shall be constructed at the end of Northfield Lane and Little Leaf Lane. 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, escrow agreement, or bond submitted to secure required landscape installation and preservation. An estimate of the cost for required preservation, plantings and their installation must be provided. 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. 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. 2 D. Parkland 9 1. Cash in the amount of $3,025.00 [($2,407/acre x 44/35 acre)) shall be paid to Orange County as payment in lieu of parkland dedication. E. 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. F. 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 Department of Environmental Health shall certify that all residential lots contain sufficient area for septic tank disposal and repair. 4. The North Carolina Department of Transportation shall certify that all roads have been constructed to State standards or that construction plans have been approved. A Certificate of Approval signed by the Orange County Planning and Inspections Department. Signature Applicant Cler to the Board I, , accept the above listed conditions of subdivision approval, and a ledge that each must be met prior to recordation of the final plat. i A licant Date -- — This instrument was prepared by ...... William 4....�1�atherSgCon,...J>................................... Brief description for the Index 10 NORTH CAROLINA GENERAL WARRANTY DEED THU DEED made this ...3..........day of.....QC.toter....................................... 19....9.6...,by and between GRANTOR GRANTEE Randolph Dudley Fox d/b/a Randolph Dudley Fox, Unmarried FOX HILL FARM 2726 Croasdaile Drive, Suite 102 Durham, North Carolina 27705 barer In spw rlate Meek few each Party: same,address,an4 It sppwapriate,charaeter of eattty,e.4&cafpersuan w parum wV. The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors, and assigns, and shall include singular, plural,masculine, feminine or neuter as required by context WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of............................................................. .................F.n.0...................... Township, Orange.............................County,North Carolina and more particularly described as follows: BEING ALL of Lots 1, 2, 3, 4, 5, 6, 7, S, 9, 40, 41, 42 and 43, Fox Hill Farm, Phase Two, Section "A-1", according to plat recorded in Book of Maps 73, Page 11, Orange County Registry, TOGETHER WITH the rights- of—way of Rosebriar Place, Fox Sill Farm Drive and Northfield Lane as shown on plat recorded in Book of Maps 73, Page 11, Orange County Registry, reference to such recorded plat being hereby made for a more accurate description of the metes, bounds, course and distances of such lots and rights-of-way. The purpose of this conveyance is to recombine the subject land with Grantee's adjacent acreage tract and to remove such land from the Fox Hill Farm Subdivision, and shall serve-as a withdrawal of that plat recorded in Book of Maps 73, Page 11, Orange County Registry. N.C.a.A"ee.Cara N&3 e 1979.awiW a im 10,22;96 16:30 $9198788062 BROwN & BUN"a 006.006 Boos 1517 ma 18 The property hereirkabove described was acquired by Grantor by instrument recorded in ............................................................ I........................I -......... ..........I....:-...................11-1..........................................................I.............. I.............................I......................... A may showing the above described property Is recorded in Plat Book .......7-1 •••••page.......•...1.1......... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in let simple,has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lswful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property htreinabove described is subject to the following exceptions* Ad valorem taxes. Easements, restrictions and rights of Way of record. IN VirrNess WUMMor, 91M QMMW b" hervaote a" 3064=4% a, ir it cOnweeg.hap examad Cali AUSLMARCat to be Of u6 Is Its Ncken"name by in Only—thersead silken and 14s seek to ite h tA y AMA11991W at IN UOSS4 of Ch*day, alka%. 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This revocation renders null and void the plat entitled"Final Plat-Fox Hill Farm Phase Two Section A-1"recorded with the Orange County Register of Deeds Office at PB/PG 73/11 and the Declaration of Restrictions recorded with the Orange County Register of Deeds Office at BKPG 1318/449-451, and all requirements and dedications contained therein. Within 14 days of approval of this Resolution, a document withdrawing the Declaration of Restrictions contained in BKPG 1318/449-451 shall be reviewed and approved by the County Attorney and shall be recorded with the Orange County Register of Deeds Office. Signature of Property Owner Clerk to the Board I, , accept the revocation of subdivision approval described above, and acknowledge that any future development application will be considered a new request, subject to any requirements which are in effect at that time.