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HomeMy WebLinkAboutAgenda - 08-03-1995 - VIII-G 1 O R A N G E C 0 U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 3, 1995 Action Agenda Item # SUBJECT: HANNAH CREEK - REVISION OF PRELIMINARY PLAN DEPARTMENT: PLANNING PUBLIC HEARING Yes _x.-No ATTACHMENT(S) : INFORMATION CONTACT: Preliminary Plan Mary Willis - Extension 2583 Resolution of Approval 6/19/95 Planning Board Minutes TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider a revision of the Preliminary Plan for Hannah Creek Subdivision. BACKGROUND: The property is located on the west side of High Rock Road (SR 1340) near the Orange-Alamance County line. It is zoned Agricultural Residential with an overlay district of Back-PW, and is designated Agricultural Residential and Back Creek Watershed in the Land Use Element of the Comprehensive Plan. The tract contains 84.62 acres. A tributary of Back Creek flows through the western portion of the property. There is some open area on the south side of the creek, and the reminder of the tract is wooded. On November 1, 1994, the Board of Commissioners approved a Preliminary Plan for Hannah Creek Subdivision. The subdivision included 45 residential lots. Important features of the subdivision included a conservation easement along a perennial stream on the western portion of the property and a five-acre open space lot. These features, as well as setbacks, tree protection and other design standards which exceed Orange County requirements were found to justify access by a combination of public and private roads. 2 , The applicant proposes to revise the Preliminary Plan in as follows: 1) Create a new lot (labeled B) containing 2 .2 acres for a playing field to be owned by the homeowners association; and 2 ) Combine two lots (Lots Al and A2) ; and 3) Create a new lot (Lot 25) adjacent to the open space lot (Lot AR, The Jean McArthur Davis Arboretum) ; and 4 ) Adjust lot lines as needed to accommodate the creation of Lot 25 and Lot B, and/or to more closely approximate the surveyed location of lot lines as they will appear on the Final Plat. The total number of residential lots in the subdivision remains unchanged. The size of the previously-approved open space lot is reduced from five acres to four acres in order to create Lot 25. However, the additional open space area created by Lot B (new) results in a net increase of 1.2 acres of open space in the development. The Planning Board considered the proposed Preliminary Plan revision on June 19, 1995, and recommended approval. The vote was unanimous. RECOMMNDATION: The Administration recommends approval of the proposed revisions to the Preliminary Plan for Hannah Creek Subdivision in accordance with the attached Revised Resolution of Approval. 3 RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMNIISSIONERS Date August 3, 1995 Name of Subdivision Hannah Creek (Revised) Owner/Applicant Ann Moss Joyner The Board of County Commissioners hereby approves Hannah Creek Subdivision (Revised) Preliminary Plan, dated June 5, 1995 and containing forty-five residential lots and two open space lots, as originally approved by the Board of Commissioners on November 1, 1994 and revised for the purpose of creating an additional open space lot (Lot B) per the Preliminary Plan dated May 1, 1995 subject to the fulfillment of requirements specified herein. Elizabeth Walters Road 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 Elizabeth Walters Road. This acceptance by Orange County of the dedication to the general public of Elizabeth Walters Road shall be without maintenance responsibility. These road 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 any phase of Hannah Creek 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. 4 B. Roads and Access 1. Elizabeth Walters Road 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. OR A letter of credit, escrow agreement, or bond shall be submitted to secure construction of Elizabeth Walters Road 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. Austin Peck Trail and McArthur Park Road shall be constructed to Class A private road standards within a 50-foot right-of-way, and Leland Lane shall be constructed to Class B private road standards within a 50-foot right-of-way. Each of the above-mentioned private roads 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 above-mentioned roads to the indicated private road class. 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 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. 3. A Private Road Maintenance Agreement for Austin Peck Trail, McArthur Park Road and Leland Lane shall be received by the Planning Department and approved by the County Attorney. The Road Maintenance Agreement shall reference the dedication of right-of-way for Elizabeth Walters Road and 5 include provisions for the maintenance of Elizabeth Walters Road such time as the maintenance responsibility is accepted by the North Carolina Department of Transportation. 4. An erosion control plan for construction of the roads shall be submitted by the applicant for review and approval by the Orange County Erosion Control Division. 5. 10' by 70' sight triangles shall be shown at the entrance of Elizabeth Walters Road and High Rock Road, and at the intersections of the proposed private roads with Elizabeth Walters Road. 6. All lots shall access onto the new subdivision roads. 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. 7. 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 preserved and installed in an amount,needed to meet landscaping requirements of Section IV-B-8-d of the Subdivision Regulations, as indicated on the approved landscape plan dated September 22, 1994. Locational provisions of Section IV-B-8-d are hereby waived to allow additional trees required for lots which are accessed by one of the proposed private roads to be planted within the easement of that road for the purpose of creating a canopy over the road, provided that at least 14 feet of vertical and horizontal clearance is maintained in all cases. Installation of landscaping must be inspected and approved by the Planning and Inspections Department. If the Final Plat is to be recorded prior to installation of landscaping, then the applicant shall secure landscape requirement installation and preservation through a letter of credit, escrow agreement, or bond. 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 requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 6 D. Drainage 1. Impervious surface data, as pursuant to Article 6.23 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 additional drainage easements as required following review and approval of the Erosion Control Plan. E. Parkland 1. Cash in the amount of$1,890 ($1,470/acre X 45/35 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-D-2 and V-D-3 of the Orange County Subdivision Regulations. 2. The following natural and man-made site features shall be shown on the plat: (Include streams, rivers, ponds, lakes, swamps, marshes, sites in "Inventory", houses, barns, sheds, railroads, overhead utility lines, cemeteries) a. perennial stream b. pedestrian/equestrian trail in vicinity of perennial stream 3. The following easements shall be shown on the plat: a. A conservation easement extending 75 feet from the edge of the right- of-way of High Rock Road. b. A conservation easement extending 125 feet from each edge of the perennial stream. C. A pedestrian/equestrian easement extending 50 feet from each edge of the perennial stream. 4. A front setback of 125 feet shall be maintained as measured from the edge of public or private road right-of-way for lots 13, 14, 15, and 16. A front setback of 75 feet shall be maintained as measured from the edge of the public or private road right-of-way for lots 1R, 5, 6, 7, 40, 25, 26, 31, 2, 12, 35 and 19. A rear setback of 40 feet shall be maintained as measured from the rear property line for lots 36, 37, 38, 39, 40, 35 and 34. Other setbacks are as required by Article 5.1 of the Zoning Ordinance, except where conservation easements result in a larger setback. 7 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. 5. Lots AR and B shall be designated on the Final Plat as being of restricted development potential. Lots AR and B shall be owned by an entity established for the purpose of conserving and maintaining natural resources. Such an entity may include, but is not limited to, a homeowners association, provided that conservation of natural resources is one of its established purposes. Documents associated with compliance of this condition shall be reviewed and approved by the County Attorney. The restricted use of Lots AR and B 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. 6. The area included in the conservation easements must remain natural and undisturbed. Removal of any vegetation and all construction or disturbance in the easement is prohibited, except as necessary to allow the construction of the pedestrian/equestrian trail along the stream. The recipient of the easements shall be an entity established for the purpose of conserving and maintaining natural resources. Such an entity may include, but is not limited to a homeowners association, provided that conservation of natural resources is one of its established purposes. Documents associated with compliance of this condition shall be reviewed and approved by the County Attorney. The restricted use within the easements 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. 7. A pedestrian/equestrian trail for use by the residents shall be constructed along the stream outside of any identifiable flood-prone area. The trail may cross the stream as necessary to maintain minimize disturbance of slopes and vegetation. The Erosion Control Supervisor shall approve the specific location of the trail prior to its construction. Upon construction of the trail, the Erosion Control Office shall certify that the final construction is in accordance with acceptable erosion control practice and the trail is in the approved location. If a Final Plat is to be recorded prior to the construction of the trail, then future construction of the trail shall be guaranteed through a letter of credit, escrow agreement, or bond. An estimate of the cost for required preservation, plantings and their installation must be provided. The financial guarantee shall reflect 1101b of the estimate and be issued by an accredited financial institution licensed to do business in North Carolina. 8. If the subdivision is to be completed in more than one phase, then Lot AR and the conservation easements and equestrian/pedestrian trail shall be constructed or secured in the first phase, and an easement be provided to assure access from Elizabeth Walters Road to Lot AR. 7a 9. The Final Plat for Phase A, recorded in Plat Book 73 Page 148 shall be revised to combine lot Al and A2 into a single lot. A revised Final Plat shall be recorded by the Orange County Register of Deeds prior to approval of the Final Plat for Phase C. 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, developer and homeowners association 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. The North Carolina Department of Transportation shall certify that Elizabeth Walters Road has been constructed to State standards or that construction plans have been approved. 5. A Certificate of Approval signed by the Orange County Planning and Inspections Department. 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 6/19/95 Planning Board Minutes 8 AGENDA ITEM #8: SUBDIVISION APPLICATIONS a. Preliminary Plans ( 1) Hannah Creek - Revision to Preliminary Plan Presentation by Emily Cameron. The property is located on the west side of High Rock Road (SR 1340) near the Orange-Alamance County line. It is zoned Agricultural Residential with an overlay district of Back-PW, and is designated Agricultural Residential and Back Creek Watershed in the Land Use Element of the Comprehensive Plan. The tract contains 84 .62 acres. A tributary of Back Creek flows through the western portion of the property. There is some open area on the south side of the creek, and the remainder of the tract is wooded. On November 1, 1994, the Board of Commissioners approved a Preliminary Plan for Hannah Creek Subdivision. The subdivision included 45 residential lots. Important features of the subdivision included a conservation easement along a perennial stream on the western portion of the property and a five-acre open space lot. These features, as well as setbacks, tree protection and other design standards which exceed Orange County requirements were found to justify access by a combination of public and private roads. The applicant proposes to revise the Preliminary Plan as follows: 1) Create a new lot (labeled B) containing 2 .2 acres for a playing field to be owned by the homeowners association; and 2) Combine two lots (Lots Al and A2) ; and 3) Create a new lot (Lot 25) adjacent to the open space lot (Lot AR, the Jean McArthur Davis Arboretum; and 4) Adjust lot lines as needed to accommodate the creation of Lot 25 and Lot B, and/or to more closely approximate the surveyed location of lot lines as they will appear on the Final Plat. The total number of residential lots in the subdivision remains unchanged. The size of the previously-approved open space lot is reduced 9 from five acres to four acres in order to create Lot 25. However, the additional open space area created by Lot B (new) results in a net increase of 1.2 acres of open space in the development. The Planning Staff recommends approval of the proposed revisions to the Preliminary Plan for Hannah Creek Subdivision in accordance with the Revised Resolution of Approval (an attachment to these minutes on pages ) . Waddell noted, for clarification, that the net number of lots is the same, but with more open space. Barrows asked about sufficient buildable area on lot 24 once setbacks and easements are addressed. Cameron responded that there can be some shifting of lot lines if adjustment is necessary once the final survey is completed. Reid asked if the developer had indicated the size of the homes that will be built in the subdivision. Cameron responded that the building footprints may be smaller on some of the lots because of the limit on impervious surface and building two story houses is an option. Surveyor, Steve Yuhasz, stated that the size of the houses would most likely be 1600 to 2000 square feet. Barrows asked about the access from Elizabeth Walters road to Lot AR. Mr. Yuhasz, surveyor, responded that the first phase, which includes lots along Elizabeth Walters Road, has already been platted and recorded. A new plat will be recorded reflecting these changes. MOTION: Reid moved approval as recommended by the Planning Staff. Seconded by Hoecke. VOTE: Unanimous (with Walters abstaining due to personal, financial conflict of interest) . (2) Thomas Place (25 Lots - Eno Township) Presentation by Eddie Kirk. The property is located on the south side of Walker Road (SR 1553) in Eno Township. It is zoned Agricultural Residential with the northern portion of the tract in the Little River Watershed and the remaining portion in the Lower Eno Watershed.