HomeMy WebLinkAboutAgenda - 09-20-1995 - VIII-B 1
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date September 20, 1995
Action Agenda
Item # ��
SUBJECT: MAPLE VIEW II - PRELIMINARY PLAN
ACTION BY: October 3, 1995
DEPARTMENT:PLANNING & INSPECTIONS PUBLIC HEARING: Yes X No
ATTACHMENT(S) : INFORMATION CONTACT: Emily Cameron
Resolution of Approval Extension 2580
Application
Vicinity Map
Private Road Justification TELEPHONE NUMBERS:
Staff Evaluation Hillsborough - 732-8181
Land Use Buffer Waiver Request Durham - 688-7331
Staff Evaluation Mebane - 227-2031
8/21/95 Draft Planning Chapel Hill - 967-9251/968-4501
Board Minutes
PURPOSE: Consideration of the Preliminary Plan for Maple View
II Subdivision submitted by the Nutter Family Limited
Partnership II.
BACKGROUND: The property is located on the north side of Dairyland
Road (SR 1177) one half mile east of Dodson's
Crossroads. It is zoned Rural Buffer and University
Lake Protected Watershed. On the Joint Planning Area
Land Use Plan the tract is designated as Rural Buffer
and Water Supply Watershed.
Adjacent land uses are residential and agriculture.
Two ponds and two streams are located on the property.
The streams join to form the headwaters of Morgan
Creek.
The total acreage of the tract is 54.28 acres. Nine
(9) lots are proposed that average five (5) acres in
size. The lots are required to have individual wells
and septic systems for sewage disposal. House and
driveway locations are shown on each lot.
Eight (8) acres of common open space are reserved
adjacent to the existing ponds and along the creeks at
the subdivision entrance. The open space includes the
dams for the ponds and will be deeded to and
maintained by a homeowners association.
2
Because Dairyland Road is a collector, a 30-foot land
use buffer is required adjacent to the right-of-way. A
waiver of additional planting requirements in the
buffer on lot 1 has been approved by the Planning
Director based on the controlled house location and
the topography between Dairyland Road and the proposed
house site.
Green Rise Road is proposed as a Class B private road.
The applicant's private road justification and the
Staff's evaluation are attached. The private road is
justified through larger lots, larger setbacks,
common open space, and restrictive covenants.
The Preliminary Plan for Maple View II was reviewed by
the Planning Board on August 21, 1995. With a
unanimous vote, the Planning Board recommended
approval with a Class B private road and the
conditions contained in the Resolution of Approval.
RECOMMNDATION: The Administration recommends approval of the
Preliminary Plan for Maple View II as per the Planning
Board recommendation.
3
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date September 20, 1995
Name of Subdivision Maple View IT
Owner Nutter Family Limited Partnership_
The Board of County Commissioners hereby approves Maple View II subdivision preliminary
plat, dated May 8, 1995 (revised June 20, 1995) and containing nine (9) lots, subject to the
fulfillment of requirements specified herein.
Before the Final Plat of any phase of Maple View II 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. 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. Green Rise Road shall be constructed to Class B private road standards within
a 50-foot right-of-way.
Green Rise Road 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 Green Rise Road to Class B private road
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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 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 Green Rise Road 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-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.
7. Driveways on each lot shall be located as shown on the Final Plat.
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.
5
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.
3. A Type A Land Use Buffer shall be provided on Lot 1 adjacent to the right-of-
way for Dairyland road. The buffer shall be 30 feet in width. A waiver of
additional planting within the buffer is approved in accordance with Section
IV-B-8-g of the Subdivision Regulations. 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. The floodway and floodway fringe of the creeks shown on the Preliminary Plat
shall be noted on the face of the Final Plat. Development restrictions within
the floodplain shall be specified in a document describing development
restrictions and requirements to be prepared by Planning Staff and recorded
concurrently with the Final Plat.
2. 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.
3. A stream buffer shall be provided along the creeks and ponds according to
Article 6.23.7. The width of the buffer shall be stated on the face of the plat.
Development restrictions within the buffer shall be specified in a document
describing development restrictions and requirements to be prepared by
Planning Staff and recorded concurrently with the Final Plat.
4. Locate drainage easements as required following review and approval of the
Erosion Control Plan.
E. Parkland
1. Cash in the amount of$759 ($2,955/acre x 9/35 acre) shall be paid to Orange
County as payment in lieu of parkland dedication.
2. The entirety of the open space to be shown on the Final Plat(s) shall be
irrevocably dedicated to the homeowners association for recreation/open space
use by residents of the subdivision. Provide a copy of the deed to the
homeowners association for review by the County Attorney.
6
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. creeks; and
b. ponds.
3. The following easements shall be shown on the plat:
a. 30-foot pedestrian access easement between lots 3 and 4 from the
private road to the common open space; and
b. 50-foot private right-of-way for Green Rise Road.
4. A setback of 75 feet shall be maintained as measured from the edge of
right-of-way of Green Rise Road. Side yards shall be a minimum of 75 feet,
and rear yards a minimum of 75 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.
5. House locations are limited to those areas indicated on each lot on the
Preliminary and Final Plats.
6. Homeowners Association Bylaws, Articles of Incorporation, and Restrictive
Covenants shall be approved by the County Attorney. Submit the Nutter
Family partnership document for review.
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 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.
7
4. 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
f
APPLICATION FOR PRELIMINARY PLA APPROVAL 8
MAJOR SUBDIVISION 8/93
��Sj IGQT/l%Z ORANGE COUNTY
DATE:
PLEASE TYPE OR PRINT (INK ONLY) �,' - -9 1, i
SUBDIVISION NAME: I"�- V I>✓V�I •1-i� d,w1D 2ESu� WAD -1/3I95
LOCATION: �'Z l l� �in�(/�� �� I tyZ 5 2, IO 3
OWNER/DEVELOPER: � T T/Y `<��- /�i�TTe-��II:/ J-T�. �2TNeeSH1�
ADDRESS: 31 I TELEPHONE NO.:, ZqZ �3 ( 7
AGENT/CONTACT: PiT -7F�fZ� TELEPHONE NO.: Z
H c, 7&
A. SUMMARY INFORMATION:
Orange County Tax Map Block ; Lot(s) Township
Zoning District(s): J- P
Total Number of Acres: _5'44.238 Phases: 1
Total Number of Lots: �q _Average Lot Size: S�f _ Minimum Lot Size: A
Number/Type of Structures: (existing) N10e4�-:_ (proposed)
Lineal Feet in Streets: ZS, S78 Acres in Open Space: .OI
Water Supply: Public (specify) Community ;/ Individual
Wastewater Disposal: Public (specify) Community ✓ Individual
School District: O(ZP1 UC,E Go Fire District: O ilflyC� CtiR�YE
General Land Uses in Area: (_TAR"A I_
Critical Areas: r stream/drainageways flood prone areas
U�I�' PvJ watershed (specify) historic sites
other (explain)
Is the property to be subdivided currently under "farm 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".
B. All plats must be submitted on sheet no smaller than one inch equals two-hundred feet 0"=2001 and
no larger than one inch equals twenty feet 0 20') and must contain the following*information:
✓ subdivision name zoning of tract and adjacent.
✓ ?? <<': name & address of owner(s) properties
7, name &address of subdivider building setback lines by notation
(if other than owner) or typical lot layout
> name of surveyor, engineer, <' ':' location and width of existing and
C landscape architect or architect, proposed easements (drainage,
address, registration #and seal utilities, roads, etc.)
y (title) Preliminary Plan ✓ existing, proposed and adjoining
scale, north arrow rights-of-way including dimensions
rn data (including revision dates) and street names and state road
wtownship, tax map-block-lot numbers. Lineal feet of road
+J w references centerlines and approximate
o Parent Parcel Identification # acreage of new street rights-of-
deed book and
_G !>�''�"`•?� paps rr of property way
to be subdivided `< a ` existing and proposed utilities,
.� cc boundary described yvith bearings including type, sizes, hydrants,
E and distances valves, manholes
a co
U
: tV total acreage of the tract and ,� << existing and proposed curbs,
Y acreage of lots, including and gutters and culverts, including
L) 'D excluding area within rights-of- sizes and grades
Uc= way It-Sf'" location and width of alleys,
control corner sidewalks, bike lanes, transit
systems, and bus stops
(please complete reverse side)
proposed lot line, th dimensions tyr street cross-sections and
lot & block numbers intersection details including 9
phasing lines design and width of travelway and
topography at ton foot (110) shoulders
1-4
C intervals horizontal alignment and general
water bodies, streams, floodway curve data (public roads)
and floodplains centerline radius on all proposed
(n ..........
stream buffers streets
location and size of parcels i�lux.. . - Permanent features such as
(n u
E •,I dedicated for public use, buildings, cemeteries, historic
CD L64 recreational use or reserved in landmarks
4J
44 k.
.H C) common, with purpose noted adjoining lot layout names of
impervious surface data (if located adjoining property owners. If
4J
a) 4-4 0 in water supply watershed) subdivided, subdivision plat name,
W vicinity map showing general plat book & page number, and
cc
a) location of subdivision with streets perimeter lot numbers.
E �4
C cc and roads identified by State road
J0 . , location and size of lots of
number and name restricted development potential
_1Z a)
U -0 landscaping and buffer and notation an plat regarding
0 cc requirements same
C-) Cn 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.
4. 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 (see 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 xCrosment; 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.
8. Fee - $360.00 plus $5.00 per lot(11 fee for preliminary and final plat).
7. If the subdivision contains 10 lots or more the following information shall be submitted 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.
1, the applicant, hereby certify that the foregoing application is complete and accurate.
APPLIC-ANTS-SIGNATURE SIGNATORE
DA DATE
FEES: Amount Do to Paid Receipt o $ a 461
771&A9 6-
... 10 `
MAPLE VIEW II
Zoning: Rural Buffer/University Lake Protected Watershed
JPA Land Use Plan: Rural Buffer (Agricultural)/
Water Supply Watershed
Owner: Nutter Family Limited Partnershipr
Scale: 1" = 800'
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11
PRIVATE ROAD JUSTIFICATION FOR MAPLE VIEW H
6/10/94,
Amended 6/95
Preliminary submittal
CONTACT:
Bob Hartford
5425 Hough Rd.
Hillsborough N.C.
27278
9429214
GENERAL COMMENTS:
The area to be subdivided belongs to the Nutter's who reside at 3111 Dairyland Road To be
precise,the property is titled to The Nutter Family Limited Partnership H.The land is in the University
Lake Watershed,section PWII.This section of land has long been regarded as one of Orange Counties
most scenic. Because of its proximity to Canboro and Chapel Hill,its pastoral beauty is appreciated by a
great number of citizens. The Nutter family is sensitive to the manner in which their property is regarded
by Orange County residents. Bob Nutter,the principal land owner in the family, has been active in the
development of the Rural Character Study,and the Agricultural Land Preservation Committee.
Subdivision of part of their agricultural properties for residential use has become a necessary part of the
Nutter's retirement and estate planning. Large lots,low density,and minimal change to the overall
appearance of the land is desired by the Nutters. They do not intend to move away from the area.
The open and wooded area have been surveyed and are shown on the preliminary plan. The
topography of the tract is such that most of the subdivision road will be visible from the intersection at
Dairyland Road The visual effect of a paved road in this area would be significant.
The financial return for dividing this tract into 10 A+lots which would be exempt from
subdivision regulation is not enough to satisfy the retirement plan that the Nutters have laid out. A
maximum density,paved road,major subdivision,as illustrated by the attached plan example,would
provide the greatest profit in dollars. The Nutter's would prefer,however,to divide the land according to
the preliminary plan.
DENSITY:
Please note that the property is divided by a stream,and part of the property is covered by water
impounded in two large ponds. If a public road is required,the number of lots available to the North of
the stream will have to be made up from that land remaining after the public easement is subtracted Use
of two acre lots will be required in order to make the development feasible. If a private road is allowed,
five acre lots will be available in sufficient quantity and value to meet the Nutters'needs. The prelimnary
plan creates a 9 lot density for the tract as compared to the 13 lot maximum density.
12
RVIPACT:
The preliminary plan places lot lines along natural boundaries and allows enough space for
homes to be placed in settings harmonious with the landscape. A private road will be in keeping with the
types of development in the immediate area,and will best preserve the pastoral feeling of the agricultural
tract. Areas adjoining the tract will be kept in agricultural use for several more years. Run-off into the
adjoining ponds and waterways will be minimized by the lower density and unpaved road proposed A
narrow roadway is favored by the watershed development guidelines.
SENSITIVITY TO PROPOSED PLANNING SCHEMES:
To a great extent,the preliminary plan conforms to the proposed rural character study guidelines.
Clustering is difficult to include when using private sewage disposal systems,but reduced density and
attention to preserving the sense of the land as it already exists through subdivision design will be some of
the main criteria used in refining the finished project. The preliminary plan includes provisions for
commonly owned open space along the area's most sensitive and attractive feature; the two ponds. The
common area buffer along the water side will preserve the water quality and provide recreation for the
residents without changing the land's existing characteristics. The areas shown as woods on the plat are
mature hardwood forest with an open understory. Larger lots and an unpaved road will allow greater
preservation of this wooded area.
BRIDGE CONSTRUCTION:
Disturbance to the stream crossed by the proposed roadway will be lessened by private road
construction. A private road profile is more narrow and requires less fill than a paved public road profile.
A less narrow road means less stream disturbance.
CONNECTION TO DAIRYLAND ROAD:
The section of Dairyland road where the proposed road connects will be better served by a private
road connection. Only nine lots will be accessed from the road Construction of a public road intersection
for this much traffic in a rural setting seems extreme. If a private road is allowed and landscaped
according to major subdivision guidelines,it should appear to be more of a driveway connection than a
roadway intersection.
RESTRICTIVE COVENANTS:
The slated restrictions for the proposed subdivision will include increased building set backs,
controlled placement of residences so as to reduce their visibility from Dairyland Road,guidelines for
private fencing,and guidelines for placement of storage and utility buildings and recreational vehicles.
Utilities will be installed underground These restrictions are aimed at achieving some of the goals set
out in the proposed Rural Character Study.
EXTENSION:
The areas surrounding the proposed subdivision are either completely developed or under water.
The chance of the new road being extended to service future lots is very slim.
13
CONCLUSION:
In simplified terms, the subdivider would like to trade the use of maximum density construction
for permission to use a private,unpaved road Landscape plans for the private road are shown on the
preliminary subdivision plan.
Sincerely
Bob Hartford
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD 14
HILLSBOROUGH, NORTH CAROLINA 27278
y •i
i
STAFF EVALUATION OF PRIVATE ROAD JUSTIFICATION
SIIBDIVISION: Maple View II Subdivision - Preliminary Plan
DATE: August 3 , 1995
The standards contained iri the Subdivision Regulations
pertaining to public and private roads are listed below as
amended 8/8/94 . The Planning Staff comment 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 satis-
fies the minimum State design and
construction criteria for subdivision
roads; and
(If the road were built according to State
construction standards, it would be eligible
for maintenance when five [5] permanent
residences are constructed.)
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; or
(A cul-de-sac greater than two tenths of a mile
but less than one mile -long must-provide - --
ingress and egress for at least five [5]
occupied residences in order to meet the
State's density requirement. The proposed
private road would serve nine residences.)
2. The subdivision roads extend existing
roads which are public; or
' 15
(Not applicable.)
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 Transition
Area as shown on the Comprehensive
Plan.)
4. A proposed road is designated as an
arterial or collector on an approved
Thoroughfare Plan for a municipality or
in the Orange County Comprehensive Plan;
or
(The road is neither an arterial nor a
collector.)
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.
(Not applicable.)
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 subdivi-
sion 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 lot size
l
16
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; and/or
(The proposed subdivision is located in the
University Lake Watershed. All lots are at
least five acres in size. The proposed
building setbacks are 75 feet from all
property lines.)
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
and/or maintain a wooded or forested
character, maintain scenic views,
or preserve wildlife, botanical,
historic, archaeological and/or
recreation sites.
(Restrictive covenants include tree protection
requirements. Additional landscaping as
shown on the Preliminary Plan will be
installed to meet the Subdivision Regulations.
Eight acres of common open space is provided
for private recreation. Most of the subdivi-
sion will not be visible from Dairyland
Road.)
c. The preservation of site features
which directly enhance the special or
unique cultural, historical, archaeo-
logical, or biological characteristics
of the immediate area.
(The proposed five-acre lots, common open
space, and the private gravel road will help
retain the scenic quality for which the
Nutter Farm is known. This type of
development also has less impact on wildlife
and water quality than 2-acre lots.)
2. The number, location and/or size of lots to
be located in the subdivision are such
that, even if constructed to State stan-
dards, the streets would not be accepted by
the State for maintenance due to density or
other State requirements;
(A minimum of five lots is required for the
17
proposed cut de sac to be accepted by the
State for maintenance. Refer to the Staff
response regarding density requirements on
page 1 .)
3 . Recreation and/or open space areas, inclu-
ding 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.
(Eight acres of common open space adjacent to
the ponds is proposed.)
4. Significantly larger than required stream
buffers and lot sizes, and/or other design
features are proposed as part of a subdi-
vision to be located in a Protected Water-
shed as designated on the Orange County
Comprehensive Plan to reduce the amount of
impervious surface and cause infiltration
of storm water runoff to prevent the
pollution of water supply reservoirs.
(This subdivision is located in a the
University Lake protected watershed. A
private road creates less disturbance and
less impervious surface than a public road.)
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
runoff of stormwater and siltation.
(Building the road to State standards would
require grading significantly more area than
with the proposed private road. The stream
crossing may require a substantial
bridge, if the road is approved as public.)
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
18
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 proposed private road is justified
through larger lots, larger setbacks, open space protection,
and restrictive covenants. in addition, the subdivision is
located in a protected watershed where disturbance and
impervious surface should be minimized. Planning Staff
recommends that the proposed private road in Maple View II be
approved as a Class B private road.
19
WAIVER REQUEST FOR LANDSCAPING IN A REQUIRED BUFFER
MAPLE VIEW H
6/19/95
Orange County Planning Dept.;
In accordance with Section IV-B-8-g of the Orange County Subdivision Regulations,a waiver
of the requirement to plant a Type A screen in the 30'buffer between Dairyland road and lot 1 Maple
View H is requested
Please review the following information,photographs,and key map.
1. The only lot that would be screened by an installed Type A buffer is lot number 1. The other lots are
screened from Dairyland road by very tall,mature hardwood trees lining both sides of the creek. See
photos 4 and 3. Lots 2 through nine are screened from the road
2. The elevation of Dairyland Road lies well below the elevation of lot 1. A steep bank rises from four
feet to twelve feet above the road level,beginning+- 125'East of the proposed new intersection. The
elevation of the right of way marker shown in photo 11 and 12 is twelve feet above Dairyland road
Vehicles on Dairyland Road are not visible to a man standing on the lot East of the private road
center. See photos 9 and 10.
3. A dense screen of natural trees exists along all of the length of Dairyland Road except for the
proposed new road intersection. (In the photographs,the new road intersection is located at the
concrete structure,which will be removed,photo 2. ) Most of this screen is in the 100'right of way
for Dairyland road Trees planted in the 15'-20'strip of buffer behind the natural screen would be
hard to propagate,due to root competition and lack of sun light. See photos 8,9 and 10.
4. Natural trees existing in the buffer are as follows. Please note that the total number of trees is
sufficient to satisfy the buffer requirements,but spacing is incorrect. At location AA,8 mature Oak
and Maple trees. See photo 9. At location BB, 15 mature, 50'-70'pine trees and 24 mature oak
trees. See photo 12.
5. At location CC,22 50'-70'mature oak and maple trees. See photo 13 , 14, 5 and 6.
6. Due to the location of the septic field on lot 1,the house location may be no further west than the
surveyed tree line near tree location BB. Even with no tree screen,the residence would not be
visible from Dai gland Road in this section of the lot.
7. Due to the above factors,the general appearance of lot 1 will be unchanged after development. The
area is considered naturally attractive in its present state. A planted landscape buffer would not
noticeably improve the appearance of the land
Photos 15 and 16 are included to show a view of the tree screen from the internal side of the subdivision,
that is,North of the creek.
Sincerely
RA Hartford
ORANGE COUNTY PLANNING DEPARTMENT 20
306F REVERE ROAD \/
HILLSBOROUGH, NORTH CAROLINA 27278 (9'
c \
MEMORANDUM
TO: Marvin Collins, Planning Director
FROM: Emily Cameron, ASLA, Planner II/Landscape Architect ECG
SUBJECT: Land Use Buffer Waiver Request - Maple View II
DATE: August 1, 1995
This land use buffer waiver request is- submitted by Bob
Hartford, representing the Nutter. Family Limited Partnership
II, owners of the proposed major subdivision, Maple View II.
The property is located in Bingham Township on the north side
of Dairyland Road (SR 1177 ) one half mile east of Dodsons
Crossroads (SR 1102) . Photographs and a key to the photos
were also provided in support of the waiver request.
A 30-foot Type A land use buffer is required on lot 1
adjacent to the right-of-way for Dairyland Road. Dairyland
Road is one of the few roads in the county within an existing
100-foot right-of-way.
Section IV-B-S-g of the Subdivision Regulations authorizes
the Planning Director to waive additional planting
requirements when one or more of the following conditions
exists:
1) the topography of a site and/or the size of a proposed
lot is sufficient to serve the purpose of a buffer;
2 ) existing structures, utilities, gardens or active
farmland are located in the buffer or setback areas; or
3) an existing residence or structure with established
lawn areas and/or plant beds is contained within a
proposed subdivision lot.
The facts submitted in support of the waiver request are as
follows:
1. The size of the lot is six (6) acres. Because the
subdivision is in the University Lake watershed, house
locations will be controlled by indications on the
final plat. The proposed house site on lot 1 is
approximately 100 feet from the public right-of-way.
From the center to the west side of lot 1, Dairyland
Road is eight to twelve feet below the adjacent
property to the north. On top of the tall bank is a
dense mature hedgerow of cedars, sweetgum, cherry, 21
sassafras, etc. (refer to photo #8) . As shown on the
Preliminary Plan, the hedgerow exists within the 100-
! foot public right-of-way on Dairyland Road.
In the event the Department of Transportation were to remove
the hedgerow and alter the bank with future improvements
to Dairyland Road, the house site would remain well above
( 10+ feet) the road. The Planning Staff recommends approval
of the request to waive additional planting requirements in
the Type A buffer based on the controlled house location and
the topography between the house site and Dairyland Road.
J
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twenty (20) feet of right-of-way is required on
Old NC 86 as well as a 75-foot land use buffer
adjacent to the new right-of-way. Septic systems,
wells, utilities, and driveways are allowed in
the buffer; however, structures and clearing of
trees are not permitted.
The Planning Board reviewed the Concept Plan for
Old Heritage Pointe on May 15, 1995. The
Preliminary Plan is essentially the same as the
Concept Plan. During the Concept Plan review, a
question came up regarding proposed widening of
SR 1009. No improvements to Old 86 are scheduled
in the State Transportation Improvements Plan
1996-2002 or proposed in any state or local
thoroughfare plan.
The Planning Staff recommends approval of the
Preliminary Plan for Old Heritage Pointe with a
public road built to NCDOT standards and the
conditions contained in the Resolution of
Approval (an attachment to these minutes on
pages ) .
There were no Board questions or comments.
MOTION: Reid moved approval. Seconded by Hoecke.
VOTE: Unanimous.
(3) Maple View II
Waddell asked that Jobsis chair this item due to
the potential for perception of conflict of
interest. He also abstained from the vote.
Presentation by Emily Cameron.
The property is located on the north side of
Dairyland Road (SR 1177) one-half mile east of
Dodson's Crossroads. It is zoned Rural Buffer and
University Lake Protected Watershed. On the Joint
Planning Area Land Use Plan the tract is
designated as Rural Buffer and Water Supply
Watershed.
Adjacent land uses are residential and
agriculture. Two ponds and two streams are
located on the property. The streams join to form
the headwaters of Morgan Creek.
The total acreage of the tract is 54.28 acres.
Nine (9) lots are proposed that average five (5)
acres in size. The lots are required to have
3 23
individual wells and septic systems for sewage
disposal. House and driveway locations are shown
on each lot.
Eight (8) acres of common open space are reserved
adjacent to the existing ponds and along the
creeks at the subdivision entrance. The open
space includes the dams for the ponds and will be
deeded to and maintained by a homeowners'
association.
Because Dairyland Road is a collector, a 30-foot
land use buffer is required adjacent to the
right-of-way. A waiver of additional planting
requirements in the buffer has been approved by
the Planning Director.
Green Rise Road is proposed as a Class B private
road. The applicant's private road justification
and the Staff's evaluation are attachments to
these minutes on pages The private
road is justified through larger lots, larger
setbacks, common open space, and restrictive
covenants.
The Concept Plan for Maple View II was reviewed
by the Planning Board on July 18, 1994. The
Preliminary Plan is very similar to the Concept
Plan which was approved with a Class B private
road.
The Planning Staff recommends approval of the
Preliminary Plan for Maple View II with a private
road built to Class B standards and subject to
the conditions contained in the Resolution of
Approval (an attachment to these minutes on '
pages ) .
Rosemond asked for clarification of the 8 acres
of open space along the stream. Cameron responded
that the right side of the entrance, the south
side of the stream and the area where the stream
goes under Dairyland Road and the west side of
the ponds are designated as open space. There is
also a pedestrian easement connecting the private
road to the open space that is dedicated to the
Homeowners' Association.
Bob Hartford, agent for the Nutter family, stated
that the family is very sensitive to the concern
for more open space. The property could have
been developed at a higher density; however, the
family intends to remain on the parts of the farm
not being developed and truly have a respect for
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24
open space and rural character.
Barrows asked about the bridge construction
included in the private road justification which
states "A less narrow road means less stream
disturbance" . Mr. Hartford responded that the
statement should be "less wide" . He continued
that it will be a culvert, corrugated steel,
crossing, rather than a bridge.
MOTION: Reid moved approval as recommended by the
Planning Staff. Seconded by Barrows.
VOTE: 9 in favor.
1 abstained (Waddell) .
AGENDA ITEM #9: PLANNING BOARD ITEMS
a. Orange County Transportation Priorities List
Presentation by Slade McCalip.
This item is to receive a report on the N.C.
Department of Transportation's (NCDOT) annual
State Transportation Improvement Program (STIP)
and the Durham-Chapel Hill-Carrboro Metropolitan
Transportation Improvement Program (MTIP) and to
develop an Orange County Transportation
Priorities List for possible inclusion in the
upcoming STIP and MTIP.
Every year the NC Board of Transportation (BOT)
adopts a multi-year STIP specifying needed
transportation improvements across the state. If
a project is outside the DCHC Urban Area, then
the County can request directly of the BOT that
the project be included in the STIP. In the
development of the STIP, a series of statewide
public hearings is held in each of the state's 14
highway divisions (Orange County is located in
Division Seven) . The purpose of these public
hearings is for the BOT to get input from the
public and elected officials on the existing STIP
( 1996-2002) projects and proposed projects for
the next STIP ( 1997-2003) . The tentative date
and location for this year's public hearing is
not available at this time.
If a project is inside the Durham-Chapel Hill-
Carrboro (DCHC) Urban Area, then that project has
to be coordinated with the other DCHC local
jurisdiction requests, also known as the MTIP. In
the development of the MTIP, a series of meetings
is held by the DCHC TAC and TCC to develop
regional transportation priorities. This year's