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HomeMy WebLinkAboutS Planning - Weekly Homes LLC re ICP Dunhill, LLC Special Use Permit - Agenda 11-20-2012 - 6b NORTH CAROLINA ORANGE COUNTY PREPARED BY& RETURN TO: Michael D. Harvey, Orange County Planning Department ORANGE COUNTY, NORTH CAROLINA SPECIAL USE PERMIT KNOW ALL PERSONS BY THESE PRESENTS that the undersigned, Weekly Homes LLC (hereafter "the Applicant"), having applied to Orange County for a Class A Special Use Permit (hereafter SUP ) for the use and development of the property hereinafter described, the same was granted by Orange County on November 20, 2012 the terms of which are as follows: NAME OF PROJECT: Dunhill — a 26 lot single family residential subdivision TYPE OF SPECIAL USE: Class A Special Use Permit. NAME OF PROPERTY OWNERS: ICP Dunhill, LLC Attention Thomas Jeffrey 434 Fayetteville St. Suite 1730 Raleigh, NC 27601 NORTH CAROLINA ORANGE COUNTY DESCRIPTION OF PREMISES LOCATION: The project involves the development of an approximately 68.5 acre parcel further identified utilizing Orange County Parcel Identification Number (PIN) 9881-15-7138 with a physical street address of 2301 Mt. Sinai Road, approximately 2,800 feet east of the intersection of Mt. Sinai Road (SR 1718) and NC Highway 86 across from Running Green Road, further described within Deed Book 614 Page 172 of the Orange County Registrar of Deeds Office. PARCEL INFORMATION: a. PIN: 9881-15-7138 b. Size of parcel: 68.5 acres in area c. Zoning of parcels: Rural Buffer (RB) d. Township: Chapel Hill e. School District: Orange County Schools f. Future Land Use Map Designation: Rural Buffer g. Growth Management System Designation: Rural h. Joint Land Use Plan Designation: Rural Buffer — Rural Residential Area i. Existing Conditions/Physical Features: Varying topography with clustered vegetation primarily along the eastern property line. The majority of the property was utilized as pasture to support a farming operation j. Roads: Vehicular access to the parcel is through Mt. Sinai (SR 1718), a state-maintained road k. Water and Sewer Service: The property is not located within a primary utility service area. Hereafter referred to as 'the Property'. DESCRIPTION OF DEVELOPMENT: In accordance with Section(s) 2.7 Special Uses, 5.3.2 Application of Use Standards — Special Uses, 5.5.6 Standards for Miscellaneous Uses — Major Subdivisions, Article 7 Subdivisions, and 7.2.3 Major Subdivisions of the Orange County Unified Development Ordinance (hereafter 'UDO') the Applicant proposes to develop a single-family residential subdivision on the property. NORTH CAROLINA ORANGE COUNTY The approved plan calls for the development of twenty-six (26) lots, all approximately 2 acres in area at a density of 1 dwelling unit for every 2 acres of property, intended to support the development of single-family residences. Vehicular access to the individual lots shall be via two (2) public roads constructed to NC Department of Transportation guidelines. The approved development plan also calls for: • A main collector road composed of a 50 foot right-of-way with a 20 foot improved travel way and natural drainage ditches on each side of the road. The collector road will terminate in a cul-de-sac near designated open space towards the southern property line, • A local road composed of a 50 foot right-of-way with a 20 foot improved travel way and natural drainage ditches on each side of the road. The local road shall be terminated in a cul-de-sac as denoted on the plan towards the southeastern property line, • According to the project engineer, the anticipated traffic volume generated by this development is approximately 249 trips per day at build out, i.e. on average 10 trips per household per day. • The site plan and application narrative denotes a 5 foot easement outside of the proposed DOT right-of-way to accommodate the proposed off-site sewer lines. The project is located within the OWASA Long Term Interest Area as denoted on the Water and Sewer Management, Planning, and Boundary Agreement (WASAMPBA) Map. Water and wastewater services are intended to be provided by individual well and septic systems located on each property with no more than four (4) lots utilizing a designated off-site septic area along the eastern boundary of the project. As noted on the approved site plan, a utility easement is located adjacent to the proposed roadways to accommodate the necessary septic and water lines for the project. Stormwater will be conveyed through natural ditches along the roadway. A 6,000 sq. ft. treatment area is located within the 3.62 acre recreation/open space lot located along the southwestern boundary of the project. A variable width natural buffer shall be preserved along the perimeter of the project. The total area reserved as land use buffer is 106,775 square feet or 2.5 acres. The approved plan denotes 2 open space areas, totaling approximately 5.09 acres of total land area. The open space shall be maintained by a local property owners association. The approved plan denotes the placement of street trees as well as trees along interior and rear property lines in accordance with the requirements of Section 6.8.7 (A) and (B) of the UDO. Hereafter referred to as `the Project' NORTH CAROLINA ORANGE COUNTY The terms and conditions contained herein shall encumber the Property and bind the owners and lessees thereof, their successors in title and interest. The development of the Project as well as all necessary site improvements, both internal and external to the Project, shall be reviewed, approved, and developed in accordance with: 1. The provisions of the Orange County Unified Development Ordinance (UDO), 2. Any and all applicable Federal, State, and local regulations, and 3. The SUP application, including the site plan, as submitted by the Applicant and as approved by the Board of County Commissioners on November 20, 2012 and which has been revised to address staff comments and permit requirements in accordance with the provisions of Section 2.7.14 of the LIDO. All concept plans, reports, renderings, comments, commitments, and supporting documentation contained within the record of the Project's approval are herby incorporated herein and made a part of this SUP. Copies of the approved Application, concept plans, renderings, comments, commitments, and supporting documentation are on file in the Orange County Planning and Inspections Department. As stipulated within the LIDO, and contained herein for reference purposes only, the SUP will automatically expire within 12 months from the date of approval if the use has not commenced or construction has not commenced or proceeded unless a timely application for extension of this time limit is approved by the Board of County Commissioners. Further, if any condition detailed herein shall be held invalid or void, then this SUP shall be void in its entirety and of no effect. With that, the following special terms and conditions shall govern the development of the Project in addition to the provisions of the UDO: SPECIAL TERMS AND CONDITIONS A. Development of off-site septic fields: 1. Only four total lots shall be served through an off-site septic system developed on the parcel denoted on the approved site plan. 2. These 4 lots shall have an individual septic systems and repair area on the designated lot serving as the joint septic area within the project. A combined system shall not be developed. 3. The property housing the off-site septic systems shall be maintained by the HOA. Each individual septic system shall be maintained by the homeowner. Language governing the maintenance of the lot, as well as the maintenance responsibility for each septic system, shall be contained within the deeds restrictions and covenants for the development. NORTH CAROLINA ORANGE COUNTY This document shall be reviewed and approved by the County Attorney's office, Orange County Environmental Health, and the Planning Director prior to recordation. 4. The applicant shall develop an agreement outlining the use, maintenance responsibility, and liability issues for a proposed easement transferring waste from these 4 lots to the off-site septic lot. This easement agreement shall be reviewed and approved by the County Attorney's office, Orange County Environmental Health, and the Planning Director prior to the recordation of the final plat. 5. Orange County Environmental Health and the staff engineer shall approve the off-site septic line construction drawings, including stubbed out service lines for these lots, prior to any clearing or grading on the site. No sewer lines shall be placed underneath paved or concreted areas with the exception of perpendicular crossings. 6. Signed encroachment agreements, if required by North Carolina Department of Transportation (NCDOT), shall be executed for all sewer lines that are placed within public right-of-ways serving lots 23 through 26. Copies of signed encroachment documents shall be provided to the Planning Department and the County Staff Engineer prior to Planning signatures on the Final Plat. B. Provision of Water Services 1. The applicant shall adhere to established submittal and permit requirements for the proposed community well as required by the State. Copies of all permit applications and approvals, related to the community well, shall be submitted to Orange County Planning and Environmental Health. 2. The applicant shall copy Orange County Planning and Environmental Health on the results of all tests completed with respect to the development of a community well. This includes water yields, recharge rates, and other relevant items. 3. In the event the applicant determines not to pursue a community well for the project, they shall adhere to established application submittal requirements for the development of individual wells on each lot as established by Orange County Environmental Health. C. Roads and Access NORTH CAROLINA ORANGE COUNTY 1 Proposed roads shall be designed and constructed to standards of the NCDOT Subdivision Road manual, dated January 2011, within a fifty (50) foot right-of-way as denoted on the approved plan. 2. Erosion control plans for construction of the proposed roads shall be submitted to, and approved by, the Erosion Control Division prior to any clearing or land disturbance. 3. All street names shall be submitted to the Orange County Address Administrator for review and approval prior to the recordation of the final subdivision plat. 4. Approved double-bladed street name signs shall be erected at all street intersections shown on the Final Plat prior to issuance of any building permit if road construction is not completed prior to recording of the final plat. 5. Prior to any construction or alteration of any existing access within the platted rights-of-way, 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 with dimensions of ten (10) feet by seventy (70) feet shall be shown and labeled at all street intersections as depicted on the Final Plat. These areas are to remain clear of plantings, fences, vehicles, and all structures. D. Land Use Buffers and Landscaping 1. Landscaping shall be preserved as indicated on the approved preliminary plan and Resources Management Plan that show the typical building envelopes/open space areas and shall be inspected and approved by the Planning and Inspections Department prior to signatures on Final Plat. No part of the landscaping/plantings shall encroach into the 10' x 70' sight triangles at the intersection. OR Guaranteed financially through a letter of credit or escrow agreement 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% NORTH CAROLINA C ORANGE COUNTY of the estimate and be issued by an accredited financial institution licensed to do business in North Carolina in a form approved by the County Attorney. 2. Provisions for protection of existing trees as shown on the approved site 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. No clear cutting on individual lots or mass grading is permitted pursuant to Section 6.8 of the UDO. 3. The applicant shall retain and maintain existing plantings within the Typical Building Setbacks as indicated on the Site Plan. 4. A minimum of thirty (30) foot buffer shall be maintained (i.e. left undisturbed) along the subdivision perimeter. Language shall be provided in the Homeowners Association documents to the effect that clearing within the thirty (30) foot buffer shall not be permitted. 5. Stream buffers shall be maintained around an identified water feature denoted on the approved site plan in accordance with the provisions of the LIDO consistent with the Surface Water Identification (SWID) completed by Orange County Erosion Control as detailed in a June 8, 2012 letter to the applicant as contained within their application package. 6. No mass grading of the site shall occur. Lots shall be graded only after lot specific plans showing the extent of grading are submitted to the Planning Department and approved at the time of building permit applications. 7. Common area landscaping trees and shrubs shall be of a native species and drought tolerant. E. Storm Drainage 1. Drainage easements shall be located on the Final Plat as required following review and approval of the Erosion Control Plan by County staff. 2. All structural stormwater Best Management Practices (BMPs), as defined in the North Carolina Department of Environment and Natural Resources Stormwater BMP Manual shall be within stormwater easements and shown on the Final Plat. A stormwater maintenance agreement shall be recorded along with the Final Plat. The agreement shall designate the responsible party for maintenance. Public access to the BMP devices shall be provided. 3. Drainage culverts shall be sized and located appropriately by a licensed NORTH CAROLINA ORANGE COUNTY North Carolina Professional Engineer as required by NCDOT and Orange County Erosion Control. 4. The site runoff for the one (l)-year twenty-four (24)-hour storm shall be the same post- development as pre-development regardless of the BIVIP option chosen. 5. The Jordan Lake (Cape Fear Basin) nutrient reduction rules apply to this site. 6'. Sediment and erosion control measures shall be installed prior to and during any land clearing or construction. F. Parkland and Recreation 1. Lawful currency of the United States in the amount of $10,972.00 ($422 x 26 lots) shall be paid to Orange County as payment-in-lieu of parkland dedication at the time of recordation of the Final Plat. 2. The applicant shall incorporate provisions into the declaration of restrictive covenants that effectively restricts and maintains the common area open space. These protected areas shall be shown and labeled accordingly on the Final Plat. All maintenance responsibilities for the open space shall be with the Homeowner's Association. 3. Section 7.11.2 of the UDO requires a minimum recreation space based on the following: a. 1/57 of an acre dedicated for each dwelling unit (i.e. individual lot). This translates to .456 acres or 19,863 square feet (26/57 = .456 acres). b. Section 3.3 Base Zoning Districts — Rural Buffer of the UDO establishes a recreation space ratio of 0.028 square feet of space per land area dedicated to residential use. For this project approximately 1.92 acres or 83,635 shall be required as denoted on the approved site plan (0.028 * 68.51 acres = 1.92 acres, or 83,635 square feet). According to Section 7.11.2 of the UDO in those cases where there is a difference in these 2 ratios, the difference shall be established as private recreation space for the residents of the development. In this case the applicant is required to maintain approximately 1.46 acres of private recreation space for the use of the residents of the development. NORTH CAROLINA ORANGE COUNTY 4. The applicant shall provide and maintain the proposed 1.48 acre recreation and open space lot as denoted on the approved site plan for use as a community picnic and park area. Further, the applicant shall provide and maintain a 3.62 acre open space recreation area, including a 25 foot wide pedestrian open space access (POSH) area, as identified on the approved site plan. G. Construction Waste 1. Per the Orange County Solid Waste Ordinance, clean wood waste, scrap metal, corrugated cardboard, and all present construction waste shall be recycled. 2. All haulers of construction waste shall be properly licensed. The applicant shall confirm that hauling contractors are licensed to haul waste in Orange County. 3. Prior to any demolition or construction activity on the site the applicant shall arrange for a pre-demolition / construction conference with Orange County Solid Waste staff. This may be the same meeting held with other county officials. H. Miscellaneous 1. The Final Plat shall contain a title block and vicinity map in accordance with Section 7.14.3 of the UDO. 2. The Homeowner's Association (hereafter 'Association') shall be incorporated and a deed conveying the open space into the Association shall be submitted along with the Final Plat for review and approval by the County Attorney's office. Planning Department signatures will be affixed to the Final Plat after attorney review is complete. The County Attorney shall approve the declaration of restrictive covenants applicable to the property. 3. Tree cutting in the roadside open space is prohibited except for necessary maintenance purposes that have been approved by County staff prior to any such tree cutting taking place. 4. All street lighting shall conform to the Outdoor Lighting Standards as set forth in Section 6.11 of the UDO. The light fixture shall be submitted to the Planning Department for review and approval prior to entering into a contract or sales agreement or purchase of lighting fixtures from the utility provider. 5. A sign permit shall be obtained from Orange County for the subdivision NORTH CAROLINA ORANGE COUNTY sign located at or near the entrance of the subdivision prior to beginning construction. Any lighting for the sign shall be approved by the Planning Department prior to purchase or installation. 6. 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 Orange County Unified Development Ordinance. 7. Parcel Identification Numbers for the existing lots shall be shown on the Final Plat. 8. The maximum number of lots approved is twenty-six (26); the final number of platted lots shall be determined after compliance with all ordinances, regulations or conditions of approval. No ordinance, regulation or condition of approval shall be relaxed in order to accommodate more than twenty-six (26) lots. 9. The owner shall file, with the Planning Department and record with the Final Plat, a declaration of covenants and restrictions, articles of incorporation, where required, and/or by-laws, all as approved by the County Attorney, that will govern the maintenance and control of the improvements as set forth in Section 7.14.3 of the UDO. Said documents shall provide for ownership of open space and the dedication of easements to access open space, common area POSA's, drainage easements and buffers, for maintenance. The Owner has agreed that said documents shall not restrict the use of energy efficient measures nor shall said documents require any lot owner to engage in water intensive lawn maintenance. 10. No 'open loop' geothermal wells shall be developed within the project for any purpose. I. Certifications 1. All Certificates and Endorsements as set forth Section 7.14.3 of the UDO signed by the landowner, developer and appropriate staff persons shall be on the face of the plat and included in a document describing development restrictions to be recorded concurrently with the Final Plat. 2. Certificate of Improvements as set forth in Section 7.14.3 of the UDO signed by the County Manager shall be on the face of the Final Plat. 3. Orange County Environmental Health shall certify on the Final Plat that NORTH CAROLINA ORANGE COUNTY perk sites have been approved for all lots and the off-site septic area has also been approved in accordance with applicable standards. 4. Appropriate certificates shall be included on the Final Plat denoting the existing of individual well sites for each lot or the approval of a community well to serve the development. 5. The NCDOT shall certify that the platted portions of the proposed roads have been entirely constructed to State standards or that construction plans have been approved with a letter of credit or cash bond security posted prior to Planning Department signatures on Final Plat. NORTH CAROLINA ORANGE COUNTY IN WITNESS WHEREOF, Orange County, has caused this instrument to be executed in its name as evidence of the issuance of said permit, and the undersigned being all of the property owners of the property above described, have executed this instrument as evidence of their acceptance of said Special Use Permit as a covenant running with the land. ORANGE COUNTY By: � Craig Berj6dict Planning Director ATTEST: ,'ae = Coll � S Donna Baker Clerk to the Board of County Commissioners . t L I, ya Cpl T ll�iL a Notary Public of the County and State aforesaid, certify that Donna Baker personally came before me this day and acknowledged that she is Clerk to the Board of County Commissioners for Orange County and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by Craig Benedict, the Orange County Planning Director, and attested by her as Clerk to said Board of County Commissioners. Witness my hand and official stamp or seal, this the of per , 2014. i NOTARY PUBLIC My Commission expires: OFFICIAL SEAL Notary Public,North Carolina ORANGE COUNTY ItAe 7 2,0 B . . DAVID HUNT My Commission Expires NORTH CAROLINA ORANGE COUNTY ICP Dunhill, LLC 434 Fayetteville St. Suite 1730 Raleigh, NC 27601 By: TITLE: Maw STATE OF N C COUNTY OF Wo-Kc 1 Igo, , C.0,(_ C, ;C_1<_ , a Notary Public for the County and State aforesai , certify that personally appeared before me this day and acknowledged the execution of the foregoing instrument for the purposes stated therein. WITNESS my hand and official stamp or seal, this �'� day of Jet , 2014 (NOTARY SEAL/STAMP) Notary Publi ,,,.,,,,. Kathy Carsick Notary Publio Wake County.NC * Ion F t2-�o-ZO.I� NORTH CAROLINA ORANGE COUNTY Weekly Homes LLC 15401 Weston Parkway Suite 175 Cary, NC 27513, By: VYWI E/ AV TITLE: John Burch"dl General STATE OF COUNTY OF �Z� `�- a Notary Public for the County and State aforesaid, certify that ,A , ,, G-ev-) personally appeared before me this day and acknowledged fhe execution of the foregoing instrument for the purposes stated therein. WITNESS my hand and official stamp or seal, this °� day of . 2014 DOMO E Monroe •'" Notay PuMfc We O(TOWS OF �b My commis{on Exp M: Joh (NOTARY SEAL/STAMP) Notary Public