HomeMy WebLinkAboutRES-2014-049 Resolution of BOCC approving Triple Crown Farms Preliminary Subdivision Plat, dated April 21, 2014 RES-2014-049
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date: June 17, 2014
Name of Subdivision: Triple Crown Farm
Owner/Applicant: 16 Parkside Lane, LLC
2807 Homestead Road
Chapel Hill, NC 27516
Agent(s): Michael A. Neal and Associates, PLLC
105 W. Corbin Street
Hillsborough, NC 27278
The Board of County Commissioners hereby approves Triple Crown Farms Preliminary
Subdivision Plat, dated April 21, 2014 containing the following:
• 20 lots slated for single-family residential development with a density of one (1)
dwelling unit per every 5 acres of land area;
• 2 roadways, specifically Secretariat Court and Gallant Fox Crossing, constructed
to North Carolina Department of Transportation public road standards;
• The preservation of 38.53 acres of open space as denoted on the preliminary
plat;
• A 30-foot wide roadside buffer along Dairlyland Road (S.R. 1112); and
• A 100-foot wide perimeter building setback around the exterior perimeter of the
project.
The approval of this resolution authorizes and directs the Orange County Manager to
accept for Orange County and on behalf of the public generally, the offer of dedication
of all publically offered areas/easements, including Secretariat Court and Gallant Fox
Crossing, without maintenance responsibility.
Per the Orange County Unified Development Ordinance (UDO) the applicant shall
maintain all common areas and proposed roadways until such time as it is accepted for
maintenance by a local homeowners association, the North Carolina Department of
Transportation, or some other governmental body.
Before the Final Plat of Triple Crown Farms can be approved by the Planning
Department and recorded within the Orange County Registrar of Deeds office the
following conditions shall be addressed:
A. Declaration of Restrictions
1. The Orange County Planning Department shall author a Declaration of
Restrictions (hereafter `the document') establishing and describing the
various development restrictions, standards, conditions, and requirements
associated with development of, and within, the project.
The document shall be recorded concurrently with the Final Plat and
approved, as to form and content, by the applicant and the County
Attorney.
2. The document is not intended to serve, supplant, or take the place of any
document recorded by the applicant establishing local homeowner
covenants or deed restrictions enforced by either the applicant or an
established homeowners association.
B. Sewage Disposal
1. Each residential lot shall contain an adequate area for septic disposal and
repair area, approved by the Orange County Division of Environmental
Health.
2. The septic system location may restrict the size and location of
improvements.
The document shall contain this statement and further indicate information
regarding the tentative location of septic systems is available from the
Orange County Health Department, Division of Environmental Health.
Each lot that does not contain a suitable building site shall be designated
both on the Final Plat and by instrument recorded in the Orange County
Registrar of Deeds as restricted for development potential as set forth in
the UDO.
3. The owner/applicant shall not destroy trees located within identified land
use buffers, stream buffers, open space areas, or tree protection areas
denoted on the Final Plat for the installation of on-site waste disposal
system drain or repair fields.
4. No septic system shall be located within a required stream buffer as
detailed within the UDO.
5. The Owners shall include in the restrictive covenants provisions requiring
each lot owner to have their septic system serving their lot inspected by a
licensee of the North Carolina On-Site Wastewater Contractors and
Inspectors Certification Board, who is properly registered to perform such
inspections within Orange County, no less than one (1) time in every five
(5) year period (unless inspections are required more often by rule or
regulation of the Orange County Health Department) and to have the
system pumped if recommended by the inspector.
Payment for the inspections required under this condition shall be the
responsibility of the individual lot owner or the homeowner's association
as established by the governing Homeowner's Association declaration.
These provisions shall be in a form approved by the County Attorney.
C. Wells
1. Each residential lot shall contain an adequate area for the development of
a well to provide potable water supporting development of the property as
approved by the Orange County Division of Environmental Health.
D. Roads and Access
1. Secretariat Court and Gallant Fox Crossing shall be constructed to
standards of the North Carolina Department of Transportation in
accordance with the approved Preliminary Plat.
Each roadway shall be located within a minimum 50-foot right-of-way, with
5-foot utility easements on each side, as well as the proposed stormwater
management system. Construction shall be inspected and approved by
NCDOT.
OR
A letter of credit or escrow agreement shall be submitted to secure
construction of the aforementioned roadways to the standards of the
North Carolina Department of Transportation in accordance with the
provisions of the UDO.
An estimate of the construction cost must be prepared by a
certified/licensed engineer or grading contractor and submitted to the
Planning and Inspections Department. The financial guarantee must
0
reflect 110% of that estimate and be issued by an accredited financial
institution licensed to do business in North Carolina.
In this instance the document shall state posted financial guarantee(s)
)
will not be released until the road construction has been inspected and
approved by NCDOT.
2. All lots shall receive access from the internal subdivision roads as
depicted on the approved Preliminary Plat. No driveway access for any of
the lots shall be permitted off of Dairyland Road.
3. An erosion control and stormwater management plan for construction for
the aforementioned roadways shall be submitted by the applicant to the
Orange County Erosion Control Division for review and approval prior to
any land disturbing activity on the site in accordance with the UDO.
4. Approved double-bladed street name signs shall be erected at the
intersection of Triple Crown Drive, Secretariat Court and Gallant Fox
Crossing as well as Dairyland Road prior to Planning Department
signatures on the Final Plat or prior to issuance of any building permit if
road construction is secured by letter of credit as described herein.
5. Prior to any construction or alteration of any existing access within the
right-of-way of Dairyland Road, the owner/applicant shall secure a
driveway permit from the NCDOT District Office.
The owner/applicant shall submit a copy of the NCDOT-approved permit
and NCDOT approval letter to the Planning Department prior to, or at the
same time as, the request for a grading permit is made, or before
Planning Department signatures are affixed on the Final Plat, whichever is
first.
6. Sight triangles (10' x 70) shall be shown on the Final Plat at the
intersection with each of the aforementioned roadways and Dairyland
Road.
E. Land Use Buffers and Landscaping
1. The 30-foot wide land use buffer along Dairyland Road, identified on the
approved Preliminary Plat, shall be preserved in perpetuity in accordance
with the provisions of the UDO. The document, as well as any local
covenants, shall require the applicant or future homeowners association
to preserve the required land use buffer.
2. Trees within the tree protection area denoted on the approved Preliminary
Plat shall be preserved as proposed by the applicant.
3. Upon completion of roadway improvements Planning Department staff
shall complete an inspection in the area to ascertain if additional roadway
plantings are required in accordance with the provision(s) of the UDO.
In the event additional plantings are required, the applicant shall submit a
formal landscape plan re-establishing required vegetation. The
owner/applicant shall install landscaping as indicated on the approved
Landscape Plan and the Planning Department shall inspect and approve
such landscaping before signing the Final Plat. It should be noted no part
of any additional landscaping shall encroach into the ten (10) foot by
seventy (70) foot sight triangles at the public road intersection.
OR
The owner/applicant shall submit a letter of credit or cash bond to secure
required landscape installation and preservation. The owner/applicant
shall provide, as specified within the UDO, an estimate of the cost for
required preservation, plantings and their installation. The financial
guarantee shall reflect 110% percent of the estimate and be issued by an
accredited financial institution licensed to do business in North Carolina.
4. Provision for protection of existing trees shall be included in the Final Plat,
as well as the recorded Declaration of Restrictions as prepared by the
Orange County Planning Department.
5. Clear cutting or other removal of any trees or other vegetation on
individual lots is prohibited as specified within the UDO. This requirement
shall be further evidenced within the subdivision's recorded Declaration of
Restrictions and Final Plat.
6. The Landscape Plan will detail required tree plantings along common
property lines for each of the 20 proposed lots. Development of each
individual lot shall necessitate the submittal of a landscape plan providing
documentation on the installation and/or preservation of existing
vegetation to comply with established landscaping requirements detailed
within the UDO.
7. The stream buffer and floodplain area denoted on the approved
Preliminary Plat shall be left in an undisturbed, natural state with the
exception of the approved pedestrian bridge and accompanying
pedestrian pathway installed consistent with the parameters of the UDO.
F. Drainage
1. The applicant shall submit a final stormwater management and erosion
control plan for approval by Orange County Erosion Control prior to the
commencement of land disturbing activities.
2. Drainage easements shall be located on the Final Plat as required
following review and approval of the stormwater management plan by
Erosion Control staff.
3. Drainage culverts shall be sized and located appropriately, as required by
NCDOT and Erosion Control, by a licensed North Carolina Professional
Engineer.
G. Emergency Services
1. Final design capacity and flow rates for a proposed water feature intended
to serve as an emergency water access point for fire
department/emergency services personal shall be approved by the Fire
Marshal prior to the commencement of land disturbing activities.
H. Parkland
1. At the time of recordation of the Final Plat, the applicant shall pay to
Orange County a $9,100.00 ($455.00 times 20 lots) payment-in-lieu-of-
parkland dedication fee.
I. Construction Waste
1. Per Orange County Ordinance, clean wood waste, scrap metal and
corrugated cardboard and all present construction waste, must be
recycled.
2. Per Orange County Ordinance, all haulers of construction waste must be
properly licensed.
3. Prior to any demolition or construction activity on the site the applicant will
hold a pre-demolition/pre-construction conference with the County's Solid
Waste staff. This may be the same meeting held with other development
officials.
J. Miscellaneous
1. The Final Plat shall contain a title block and vicinity map in accordance
with the UDO.
2. The open space shall be conveyed into the Homeowner's Association
before Planning Department signatures are affixed to the final plat.
3. Tree cutting in the delineated land use buffers along the perimeter of the
project as well as Dairyland Road is prohibited except for necessary
maintenance purposes, which has to be approved by County staff prior to
any such tree cutting taking place.
4. Tree cutting/disturbance of flora within identified stream buffers shall only
be permitted as detailed within the Orange County Unified Development
Ordinance.
5. If street lighting is proposed, then a lighting plan shall be submitted to the
Planning Department for review and approval prior to purchase of lighting
fixtures from the utility provider.
Any lighting shall meet the Outdoor Lighting Standards as set forth in the
UDO.
6. A sign permit shall be obtained from Orange County for the subdivision
sign located at or near the entrance of the subdivision prior to beginning
construction.
7. Methods of disposal of trees, limbs, stumps and construction debris
associated with construction activity shall be by some method other than
open burning as required in the UDO.
K. Certifications
1. A Certificate of Survey and Accuracy signed by a Professional Land
Surveyor shall be notarized on the face of the Final Plat.
2. A Certificate of Declaration and Maintenance in the form provided in the
UDO signed by the landowner and developer shall be on the face of the
plat and included in a document describing development restrictions to be
recorded concurrently with the Final Plat.
3. The North Carolina Department of Transportation shall certify that the
platted portions of Secretariat Court and Gallant Fox Crossing have been
entirely constructed to State standards or that construction plans have
been approved prior to Planning Department signatures on final plat.
4. A Certificate of Approval signed by the Orange County Planning and
Inspections Department shall appear on the face of the final plat.
5. All other required certificates detailed within the UDO, applicable to the
project, shall be placed on the Final Plat for signature.
NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that the Preliminary Plan for Triple Crown Farms Subdivision is
approved in accordance with the above mentioned conditions and attached Preliminary
Plat dated April 21, 2014.
Upon motion of Commissioner seconded by Commissioner
the foregoing resolution was adopted this the day of
2014.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so
much of the proceedings of said Board at a meeting held on L� ° 2014 as
relates in any way to the adoption of the foregoing and at said proceedings are
recorded in Minute Book No. of the minutes of said Board.
WITNESS Viand and a he seal f said County, this day 2014.
Clerk to the Board of t6mmissioners
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