HomeMy WebLinkAboutAgenda - 06-03-1996 - VIII-L 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 3. 1996
Action Agenda
Item#3�=__/.
SUBJECT: Pendle Hill -Preliminary Plan
ACTION BY: July 18, 1996
DEPARTMENT: PLANNING PUBLIC HEARING: Yes XNo
BUDGET AMENDMENT REQUIRED: Yes XNo
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 - 688-7331
Preliminary Plan Mebane -227-2031
Draft 5/20/96 Planning Board Minutes Chapel Hill - 967-9251
PURPOSE: To re-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.
On January 22, 1996 the Planning Board,by a 7 to 4 vote, recommended
approval of the Preliminary Plan for Pendle Hill. The subdivision included six
residential lots served by a Class B private road,and a 2.92-acre open space lot.
The applicant's intent was to construct a pond on the open space lot. The four
dissenting votes were based on concern that the proposed access was offset from
the T-intersection of Walker Farm Road and New Sharon Church Road. The
Orange County Commissioners approved the Preliminary Plan at its February 20,
t
2
1996 meeting, and required that the subdivision access align with Walker Farm
Road.
The applicant submitted a revised Preliminary Plan which shows the approved
road alignment. Due to the shift in the location of the road, the pond which had
been planned for the open space lot is no longer feasible, and the applicant
proposes to include that area in lots 5 and 6 instead. A viewshed easement,
within which no structures could-be built, is proposed for a distance of 100 feet
along each side of the drainage swale between lots 5 and 6. The stream is not
indicated on the USGS quadrangle maps, so no stream buffer is required.
The Planning Board considered the proposed revision on May 20, 1996 and
recommended approval. The vote was unanimous.
RECOMMENDATION: The Administration recommends approval of the revised Preliminary Plan for
Pendle Hill per the attached Resolution of Approval.
r
3
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date June 3, 1996
Name of Subdivision Pendle Hill
Owner Ann Moss Joyner
The Board of County Commissioners hereby approves Pendle Hill subdivision preliminary plat,
dated April 9, 1996 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 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
4
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-13-3-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.
7. 35 feet of right-of-way shall be dedicated along New Sharon Church Road(SR
1538)as indicated on the Preliminary Plan.
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.
5
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.
F. Miscellaneous
1. The Final Plat shall contain a title block and vicinity map in accordance with
Section V-13-2 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 lots 5 & 6;
b. 100-foot viewshed easement on each side of the 30 foot drainage
easement; and
C. 45-foot private right-of-way for Pendleton Place.
4. A setback of 75 feet shall be maintained as measured from the edge of the right-
of-way of New Sharon Church Road. A setback of 50 feet shall be maintained as
measured from the edge of the 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.
6
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
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 P,,RELIMINARY PLAN APPROVAL 7
MAJOR SUBDIVISION 8/93
ORANGE COUNTY
DATE:
PLEASE TYPE OR PRINT (INK ONLY)
SUBDIVISION NAME:
LOCATION: All B+gir n
OWNER/DEVELOPER: MFG t�.s^^ A.in
ADDRESS: `ze SA—. TELEPHONE NO.: i(9- 510 I'sf�
MQ.b a.,.�... NAG a 7 3 o L,
AGENT/CONTACT: nn tbsi VO:!3;jnR TELEPHONE NO•:914. 5 X49-.V?f?
A. SUMMARY INFORMATION:
Orange County Tax Map shack fails) Towwsbip ) as
Zoning Districts): Qq,t-;e�.o ., _ __o _ /9"',
Total Number of Acres. 1 Phases: l
Total Number of Lots: �t _ Average Lot Size: ZL + _ Minimum Lot Size: _ t,of a,�•
Number/Type of Structures: (existing) !A (proposed) —(_ b,
Lineal Feet in Streets: C(b o Acres in Open Space: QS '(rte„ti„s,�_ 3.t nsi-r•;
Water Supply: Public (specify) Community Individual *�
Wastewater Disposal: Public (specify) Community ✓ Individual
School District: T Fire District:
General Land Uses in Are*
Critical Areas: S stream/drainageways SO flood prone areas
d'y tershed (specify) 0S historic sites
r
othe (explain) 0 /
Is the property to be subdivided currently under "fame use value taxation') Yes_ No✓. If 'yes',
please contact the Orange County Tax Office. Subdivision of the property may require payment of
deferred taxes under 'farm use value taxation%
s. All plats must be submitted on sheet no smaller than one inch equals two-hundred feat 0 2001 and
no larger than one inch equals twenty feet (1"=20'1 and must contain the following'information:
subdivision name y zoning of tract and adjacent.
name & address of owner(s) properties
name & address of subdivider 'fi ° building setback lines by notation
(if other than owner) or typical lot layout
name of surveyor, engineer, :?:>_� location and width of existing and
o landscape architect or architect, proposed easements (drainage,
address, registration #and seal utilities, roads, etc.)
cn :x / (title) Preliminary Plan existing, proposed and adjoining
scale, north arrow rights-of-way including dimensions
date (including revision dates) and street names and state road
a
i w _ township, tax map-block-lot numbers. Linea( feet of.read
4.4o references centerlines and approximate
`«/?:`'•. Parent Parcel Identification x acreage of new street rights-of-
CU a deed book and page # of roperty wa
a� o p � Y
-W +r to be subdivided ` existing and proposed utilities,
a)
�4 cc ''r boundary described with bearings including type,,sizes, hydrants,
EL L+ and distances valves, manholes
v >` total acreage of the tract and existing and proposed curbs,
Y acreage of lots, including and gutters and culverts, including
cl -0 excluding area within rights-of- sizes and grades
L L way location and width of alleys,
L) Co `" control corner sidewalks, bike lanes, transit
systems, and bus stops
(please complete reverse side)
..,,.� cyp cal street cross-sections and
T lot & block numbers intersection details including $
phasing lines design and width of travelway and
>� topography at tan foot (10) shoulders
^^C intervals rvn . horizontal alignment and general ,
water bodies, streams, floodway curve data (public roads)
tU and floodplains %> centerline radius on all proposed
N
� iUa` stream buffers streets
T location and size of parcels :#A permanent features such as
N P _^
E U dedicated for public use, buildings, cemeteries, historic
m ++ recreational use or reserved in landmarks
p common, with purpose noted adjoining lot layout names of
impervious surface data (if located adjoining proper•y owners. If
� w
in water supply watershed) subdivided, subdivision plat name,
—4 CO f vicinity map showing general Plat book & page number, and
y location of subdivision with streets perimeter lot numbers.
o
ca - and roads identified by State road A location and size of lots of
U number and name restricted development potential
landscaping and buffer and notation on plat regarding
U �
GJ cr0 requirements same
C.J c!1 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
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.
J4. 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 (sae Section IV-8-3-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 •cr:mnent, 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.
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 submittad 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.
I, the applicant, hereby certify t the foregoing application is complete and accurate.
APPLICANT'S S{GNAT OWNER'S SIGN UR
3 —/ e7 3 — /3 1S.
DATE DATE
FEES: Amount Oats Paid Receipt X
I G'.1 ,
Applicant: Ann Moss Joyner I0 72
Zone: AR & Little-PW s
447 LUP: Agricultural Residential
Little River Protected Watershed 5A
AC ' 7491 C
i \ ` 9 451
5 ii 2
i J :0 37 AC
i •
1 <q
06 CC31
I , a 26
1
12 3 2 x 5
/ 5832 \1 1 5 '
s 10 4 3 3762
0 1 1 10 C9AC i
7752
/
. O /
87 08AC.
R
04
.7014
4
i
6A
It
i
22 42 A.
a
27
N
O 8
N N
W y�
10
Private Road Justification
for
Pardo Hill Subdivision (Revised)
We submit that private roads are Justified in the Penile Hill Subdivision because of the
specific.stone and location of the wbdvlsion.
1) The subdivision Is designed to promme the natural character of the area as much as
Possible:
a) The subdvism has.,**ml public road exposure. Most of the open field
along the public access road m restricted viewsh4 d.
b) Most of the lots an in the woods away from tM public road,aced by a
mA dvalon rood, and thus a a treeline along the public road which will be protected by
covenant as a h di c ipe buffer, screening houses as much as p�ossibie from the public
road.
c) Covenant agairmt cut*V tees vA#preserve the rani character of the land
as much as po14iWe, and protect the buffer Wong now Sharon Church Rd
d) The average lot size is at most twice the minknm required by the zoning.
e) The Rural Character Study rer,ommerxis private. as an incentive for
opan-space devetoprhherhts.
f) The density proposed for this subdivision is in One with the proposed
regubtions developed for this area by the Rural Butter, which is considered appropriate
to protect the much mom-dm issy-popubned town of Chapel ML
g) Late along the paved public highway(2) M the field(Le. all those visible
from the paved public road) are larger than requi+4 while ,renall lots are grouped in
to woods: There will be a 75' setback along the public rood, with a 30' buffer.
J) There are only 6 bb accemkV the private road.
k) Subdivision of all lots wM be prohibited through resft*e coverants.
l) AN unall lob we wooded.
Las*, a private road suss approved for rites subdivision prior to this revision, but a
condition was placed on the approval such that the road had to be moved further into the
common arm We had planned to put a pond in Ow m ma'h We& as it is printaarlyy a
very large wm* but the row pbcomm of the rood makes this impossible. Therefore.
we feel that the co nnmon area is no kxhger of psrticubr benefk to the commmllty. and the
subdivision would be batter served by pbcing a vemshed easermud an this Wed and
including it m the surrourdns ktts. The land could then be used as pasture and thus be
maintained whore so*.
Thank you W your Consideration and time m this rri attar.
Ann Moos Joyner
for Penile HE
J -
11
• STAFF EVALUATION OF PRIVATE ROAD JUSTIFICATION
SUBDIVISION: Pendle Hill - Preliminary Plan
DATE: May 1, 1996
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.
1
12
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.
5. 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 4.00
acres, with an average of 2.24 acres. The minimum lot size
required in the AR zoning district is.92 acres. The larger
residential lots are located in the open area of the property while
2
1
the smaller lots are clustered in the wooded area resulting in an 13
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 50 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 located in the 4.00
and 2.86 acre lots. A viewshed easement is proposed, thus
maintaining the scenic view provided by the field. There will also
be a 30 ft. 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.
A viewshed easement is proposed on the property. 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
USGS quadrangle map, therefore a stream buffer is not required.
However, the drainage area is located in the larger lots with a 30 foot
drainage easement to allow easier infiltration of storm water run-off and
prevent pollution.
3
14
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 SUMMARY: 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 viewshed easement
is proposed with a drainage easement running through lots 5 & 6. 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.
4
3
DRAFT 5/20/96 PLANNING BOARD MINUTES 15
MOTION: Barrows moved approval as recommended by the Planning Staff. Seconded by
Hoecke.
VOTE: Unanimous.
b. Preliminary Plans
(1) Pendle Hill(Revision)
(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 subdivision contains 6 residential lots averaging 2.24 acres in size.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.
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 Resolution of Approval. The 4 Planning Board members
were concerned with the access and the fact that it did not line up with Walker Farm
Road. The Orange County Commissioners approved the Preliminary Plan in their
February 20, 1996 meeting requiring access from New Sharon Church Road to line
up with Walker Farm Road.
A revised Preliminary Plan has been submitted with the street realigned.The
applicant is also deleting the original proposed 2.92 acre common area and
recombining this area back to lots 5 and 6. A viewshed easement is being proposed
for the subdivision instead of providing a common area.
The Planning Staff recommends approval of the revised Preliminary Plan for Pendle
Hill subject to the conditions contained in the Resolution of Approval(an attachment
to these minutes on pages ).
Brooks asked the acreage of the viewshed. Steve Yuhasz,surveyor,responded that
it would probably be 300' x 200', approximately 1 1/2 acres.
Barrows noted that the base zoning is one dwelling per acre. Since this is a
watershed protection area with a watershed overlay of one dwelling per two acres,
what takes precedence. Kirk responded that the overall density is one unit per two
acres. Barrows continued,asking about the private road justification which stated
that the average lot size is at least twice the minimum. Kirk responded that the
underlying zoning is one unit per acre even though development cannot occur at that
16
density in a protected watershed. Willis noted that for purposes of private road
justification and such issues as character,the underlying zoning is what is referred
to by the Staff. The watershed overlay serves a different purpose,watershed
and water quality protection.
Walters asked about item F 2a in the Resolution of Approval that stated-30-foot
easement through the common area. Kirk responded that should read: 30-foot
drainage easement through lots 5 and 6 and this will be corrected before forwarding
to the County Commissioners.
Katz asked for an explanation of a viewshed easement. Kirk responded that it is an
easement that protects the scenic view. Nothing could be placed in the easement
that would obstruct the scenic view.
Ann Joyner,developer,stated that the purpose of the viewshed easement is to keep
the scenic view intact as opposed to ownership and maintenance by a Homeowner's
Association. It is totally open and would make a good pasture for such animals as
donkeys, horses and goats. Ms.Joyner continued that the covenants state that
fences and wells will be the only things allowed in the easement. The easement will
go with the land in perpetuity.
Ms.Joyner stated that the Planning Board and Staff should clarify open space and
the concept of ownership. There is currently no concept of who owns common area
or open space. In this case,it will be owned by lots 5 and 6 but they will not be
allowed to obscure the view.
Brown asked for clarification of the septic fields and house locations. Steve
Yuhasz,surveyor,indicated that the homesite will be toward the southern property
line and the septic system will be located adjacent to the intersection of the new
subdivision road and New Sharon Church Road.
Brown also asked the width of the viewshed easement and Kirk responded 100' on
each side of the drainage easement.
MOTION: Howie moved approval as recommended by the Planning Staff with the correction in
F2 of the Resolution of Approval and the addition of viewshed easement. Seconded
by Katz.
VOTE: Unanimous.
(2) The Clearings at Tom's Creek
(25 Lots-Bingham Township)
Presentation by Emily Cameron.
The property is located in the northwest comer of Bingham Township on the east
side of Mebane Oaks Road(SR 1007)near the intersection of Jones Road(SR
1123)and the Alamance County line. The tract is zoned Agricultural Residential
and Cane Creek Protected Watershed. In the Land Use Element of the
Comprehensive Plan,it is designated as Agricultural Residential and Water Supply
Watershed.
The total acreage of the tract is 137.5 acres.Adjacent land uses are residential and