Loading...
HomeMy WebLinkAboutAgenda - 05-01-2008-4lORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 1, 2008 Action Agend~a_ Item No. SUBJECT: Swallow's Ridge -Preliminary Plan DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) 0 ATTACHMENT(S): 1) Resolution of Approval 2) Recreation Trail Map INFORMATION CONTACT: Eddie Kirk, Planner II, 245-2582 Robert P. Davis, Planner III, 245-2580 CONTINUED FROM APRIL 15, 2008 BOCC MEETING PURPOSE: To receive recreation trail map from the developer concerning the Preliminary Plan for Swallow's Ridge and make a decision on subdivision application. (Please see bottom of page 3 for most recent information in bold.) BACKGROUND: Request - Preliminary Plan Applicant: ENT Land.Surveys, Inc., (Steve Yuhasz) Agent for owner. Owner: Buzzlitz, LLC Subdivision follows the Conservation-Cluster Option of Flexible Development. Total acreage is 60.09 acres including proposed right-of-way. Subdivision T e Lots Gross Densi % O en S ace Acres O en S ace 4.29 acres proposed 37.84% 22.23 acres Conservation-Cluster proposed proposed Flexible Option 14 .92 acres required ° 33 /° required 19.8 acres required Gross Subdivision Land Area 60.09 acres Area in ublic road R.O.W. 2.23 acres Area outside of ublic road R.O.W. 57.86 acres Platted lot area 34.28 acres Area in common o ens ace 22.23 acres 37.84% Density 1 dwelling unit/4.29 acres Location • West side of University Station Road, 1,300 feet south of intersection with Old NC 10 in Chapel Hill Township. Existing and Proposed Conditions Existing: • Zoning: Agricultural Residential (AR) (min. lot size = 0.92 acres) • The property is in the Lower Eno Protected Watershed • Located in a Rural Designated Area in the Growth Management System. For fewer than 21 2 lots the normal subdivision process is followed. (i.e. Concept plan, Preliminary Plan to the Planning Board and BOCC) Parcel is located within the Hillsborough Courtesy Review Area Physical Features: • The two streams on the tract as well as the wetland in the northwest corner will be will be part of the open space. • The site is entirely wooded with a mixture of pines and hardwoods, with the exception of the power line easement that runs along the northwest corner of the property, which has been cleared. Some timbering has occurred in the central area of the site. • The topography is gently rolling with a steeper slope along the streams and toward the northeast corner. Adjacent Land Use: • The property is surrounded to the north and west by undeveloped property • To the south and across University Station Road are single family residential parcels Proposed Roads: • Access to the subdivision is from a proposed 1,580-foot long cul-de-sac, Swallow's Court, which intersects with University Station Road. • The road will be constructed to NCDOT (and County) standards. • NCDOT has approved the road intersection subject to receipt of final engineering plans and an application for a driveway permit at final plat submittal stage. More technical engineering plans will be required prior to final plan approval. • Non-vehicular access easements along the entire lot frontage of University Station Road will be labeled on the. final plat. • The Planning Board considered a stub out to the west during concept plan approval. Due to topography issues and a stream running along the western property line the Planning Board did not recommend a stub out. It was also found that the tract west of the subdivision had direct road frontage on Old NC10 (see August 1, 2007 Planning Board Minutes). Open Space/Buffers: • A Type A, 30-foot land use buffer is shown on the preliminary plan. • The developer proposes 22.23 acres (37.84%) of open space, which the Homeowners Association will own and maintain. All of the open space is wooded with hardwoods and pines except for the area along the power transmission lines through the northwestern portion of the property. 13 of 14 lots have direct access to open space. • 14% of the open space is primary conservation areas. (IV-C-3-b) • No wildlife corridors are located on the property per ERCD and the Orange County "Inventory of Natural Areas and Wildlife Habitats". Water-Sewer: • Individual wells and septic tanks shall service all lots. Recreation: • Eno Chapel Hill Hillsborough Community Park (per the Recreation Service Area Boundaries Map) • No public parkland dedication is recommended because there are no county recreation and/or open space sites as designated in the Comprehensive Plan on the property. The payment-in- lieu option is recommended (14 lots x $422/lot = $5,908.00). • The Recreation and Parks Advisory Council is recommending payment-in-lieu of publicly dedicated land. 3 All lots but one have direct access to open space. Lot 13 is across the road from a direct access point. A trail map of 6600 linear feet has been submitted as an attachment to the resolution by the developer. Development Process, Schedule, and Action • First Action: A Neighborhood Information Meeting was held on July 17, 2007. Second Action: The Concept Plan was approved by the Planning Board on August 1, 2007 with the following conditions: 1. The intersection and road alignments on the Preliminary Plan shall meet NCDOT standards. 2. A dedication of an additional 5 feet of Right of Way, or 35 feet from the centerline of the Right of Way, whichever is greater, will be required along University Station Road. 3. Homeowners Association documents that provide for maintenan_ ce of the Open Space shall be submitted with the preliminary plan. Provisions shall be included in the Homeowners Association documents that would prohibit tree cutting in the Open Space except for maintenance purposes. 4. Show location of subdivision sign on Preliminary Plan, and reserve an easement for the sign. 5. Show the Type A land use buffer along University Station Road. 6. Show the location of all public and private recreation areas. 7. Any lighting shall meet Orange County Lighting Standards. The Planning Staff recommended approval of the Preliminary Plan, in accordance with the attached Resolution of Approval, which includes items E.3 and E.4. Third Action: Planning Board reviewed the Preliminary Plan on March 5, 2008 and unanimously recommended approval with the deletion of items E.3 and E.4 from the Recommendation of The Orange County Planning Board. Steve Yuhasz, the agent for the owner, pointed out that the proposal had 14.95 acres of open space, which was 3.81 acres more than the 33 percent or 11.14 acres required. He indicated that this additional open space should count toward the required recreation space and improved recreation space should not be required. He also indicated they were paying the payment in lieu of parkland dedication. The Planning Board agreed with this and deleted items E.3 and E.4 from the Recommendation of The Orange County Planning Board (see attached Planning Board Minutes). The Planning staff recommends approval with items E.3 and E.4 included in the Resolution of Approval. The subdivision was continued at the April 15, 2008 Board of County Commissioners' meeting to allow time for the developer and planning staff to work out a trail system .which would meet the recreation requirements for the subdivision. The developer has submitted the attached trail map, which meets the recreation requirement. As agreed to by the applicant/developer, language will be inserted in the Homeowner's Declarations and Covenants, to be reviewed by the County Attorney's office, that ensures a minimum inspection schedule of homeowners' septic systems. This agreement is formalized in the Resolution of Approval [refer to: A. Sewage Disposal -Number 3]. RECOMMENDATION: Administration Recommends Approval, in accordance with the attached revised Resolution of Approval. Attachment 1 4 RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date: May 1, 2008 Name of Subdivision: Swallow's Ridge Owner/Applicant: Buzzlitz, LLC. The Board of County Commissioners hereby approves Swallows Ridge subdivision preliminary plat, dated December 11, 2007 as revised by surveyor Steve F. Yuhasz on February 19, 2008 containing 14 lots, subject to the fulfillment of requirements specified herein. Swallow's Court shall be irrevocably dedicated to the general public and 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 Swallow's Court. This acceptance by Orange County of the dedication to the general public of Swallow's Court shall be without maintenance responsibility. This road shall be maintained by the owner/applicant until such time as the North Carolina Department of Transportation or some other governmental body accepts the road for maintenance purposes. Before the Final Plat of Swallow's Ridge can be recorded: A. Sewage Disposal 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. 3. Language shall be inserted into the Home Owner's Association declaration requiring each lot owner to have the septic system serving their lot inspected by a licensee of the NC On-Site Wastewater Contractors and Inspectors Certification Board (the "Board"), who is properly registered to perform such inspections within Orange County, no less than one time in every five (5) year period (unless inspections are required more often by and 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 Attachment 1 5 be the responsibility of the individual lot owner or the homeowner's association as established by the governing Homeowner's Association declaration. B. Roads and Access 1. Swallow's Court shall be constructed to standards of the North Carolina Department of Transportation, within a minimum 50-foot right-of-way with 5-foot utility easements on each side, and the construction shall be inspected and approved by NCDOT. OR A letter of credit or escrow agreement shall be submitted to secure construction of Swallow's Court 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. All lots shall receive access from the internal subdivision roads. No driveway shall be permitted within 50' of a street intersection. The final plat shall contain "No Vehicular Access Areas" for all portions of the subdivision abutting University Station Road except for the proposed intersection of Swallow's Court and University Station Road. 3. An erosion control plan for construction of Swallow's Court shall be submitted by the applicant to the Orange County Erosion Control Division for review and approval prior to any land disturbing activity occurring on the site. 4. Approved double-bladed street name signs shall be erected at the intersection of Swallow's Court and University Station Road prior to Planning Department signatures on the final plat or 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 right-of-way of University Station 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 the request for a grading permit or before Planning Department signatures on the Final Plat, whichever is first. 6. Sight triangles (10'x 70') shall be shown on the Final Plat at the intersection of Swallow's Court with University Station Road. Attachment 1 6 7. Dedicate, in fee simple, five (5) feet of additional right-of-way, or 35 feet from the centerline of the existing right-of-way, whichever is greater, along the frontage of University Station Road. Said dedication shall meet major collector road right-of-way standards as identified in the Comprehensive Plan and required in Section IV-B-3-c-1 of the Subdivision Regulations. C. Land Use Buffers and Landscaping 1. Landscaping shall be installed or preserved as indicated on the approved landscape plan, and shall be inspected and approved by the Planning and Inspections Department prior to signatures on final plat. No part of the landscaping shall encroach into the 10' x 70' sight triangles at intersections. 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 percent of the estimate and be issued by an accredited financial institution licensed to do business in North Carolina. 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. No clear cutting on individual lots is permitted pursuant to section IV-B-8-c of the Orange County Subdivision Regulations. D. Drainage Drainage Easements shall be located on the final plat as required following review and approval of the Erosion Control Plan by County staff. 2. Drainage culverts shall be sized and located appropriately by a licensed North Carolina Professional Engineer as required by NCDOT and Orange County Erosion Control. 3. Low Impact Design devices (LID) shall be incorporated into drainage-way to lessen the stormwater impact to the streams. 4. Impervious surface data, as pursuant to Article 6.23.3c.1 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. The impervious surface for each lot shall indicate the maximum impervious surface for each lot, net of the roadway (i.e. excluding roadway). Attachment 1 7 5. Impervious surface coverage for the subdivision is limited to thirty six percent (36%) fora maximum of 921,137 square feet, including the public road impervious surface. E. Parkland Lawful currency of the United States in the amount of $5.908.00 shall be paid to Orange County as payment in lieu of parkland dedication prior to recordation of the final plat. 2. The developer has offered and shall transfer in fee simple a total of 22.23 acres of open space (37.84%) to the Homeowner's Association. This open space 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. The second paragraph of Section IV-B-7-b of the Orange County Subdivision Regulations references the required minimum recreation space ratio in the Orange County Zoning Ordinance, Article 5.1.1, which requires 0.028 square feet of recreation space per land area dedicated to residential use [0.028 * 60.09= 1.68 acres or 73,290.5 square feet]. In those cases where the required minimum recreation space results in a larger amount than the public recreation space requirement of 1/20 acre per lot, the difference shall be established as private recreation space for the use of the residents of the development (73,290.5 - 30,492 = 42,798.5 square feet (.98 acres). The developer has planned 22.23 acres of open space (37.84%) to be awned and maintained by the Homeowner's Association. 4. Developer shall provide a minimum of 42,798.5 square feet of private recreation area (e.g. trails, all-purpose field, etc.). F. Construction Waste 1. Per the Orange County Solid Waste Ordinance, clean wood waste, scrap metal and corrugated cardboard, all present construction waste, shall be recycled. 2. All haulers of construction waste shall be properly licensed. Developer 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 hold apre-demolition/pre-construction conference with the County's Solid Waste staff. This may be the same meeting held with other development officials. G. 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 Attachment 1 8 Regulations. 2. The open space shall be conveyed into the Homeowner's Association. 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. The restrictive covenants applicable to the property shall be approved by the County Attorney. 3. If street lighting is proposed, then a lighting plan shall be submitted to the planning office for review and approval prior to purchase of lighting fixtures from the utility provider or other vendor. Any lighting shall meet the Outdoor Lighting Standards as set forth in section 6.31 of the Orange County Zoning Ordinance. 4. 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. 5. 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 Zoning Ordinance. 6. The correct PIN number and acreage calculations for the property shall be listed on the Final Plat. D. Certifications A Certificate of Survey and Accuracy signed by a Professional Land Surveyor shall be notarized on the face of the Final Plat in the form provided in Section V-D-6-a of the Orange County Subdivision Regulations. 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 North Carolina Department of Transportation shall certify that the platted portion of Swallow's Court has 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 and the Orange County Environmental Health Department shall appear on the face of the final plat in accordance with Section V-D-6-c of the Orange County Subdivision Regulations. Attachment 1 9 NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that the Preliminary Plan for Swallow's Ridge Subdivision is approved in accordance with the above mentioned conditions and attached Preliminary Plat dated December 11, 2007 as revised by surveyor Steve F. Yuhasz on February 19, 2008. Upon motion of Commissioner ,seconded by Commissioner the foregoing resolution was adopted this the day of , 2008. 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 , 2008 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 2008. -_ Clerk to the Board of Commissioners Date ~~.~ ~6Q W M~MYI'lt qe0'] KL wd~ +v7jnnn+F fJ1O~S' ZK~ amuumu~i,~, `d~~~? /~~/ ~ n/ u fc as y b~~yy str.o uot/]/loP W OfOyaw Pwo . M rnwu. / y b OOOVW -~a 'a uooba • Aa tt W 'b !Li'b~D ~ Nq A d/P~/ PnP ern 7t '0+ (100'/C ~ P~+ ~/+ 4 fVW ~ GIi!'~ ~ ~-W-AP 4 P~ 7/a~///-~~ WPP/0l xa/PWO/~'l W01 ~++1 n.+aw v ~~ Asa - am +~ +' aoarr ~ w ficvn //ar/w/w ~ow+/] v xx a ~ ~ ]val «wt z / ,aa-aa-~ •ra a~nf+~ a~ ~a ~a mar v hy4~M~PO~~vNE,~ut~M na+d siN puw7c N~~ (YIfOf1g1 Qfii~ ~ lp1b ~' d r 1M1'IM 'W 0001 W t'6T ~f ~/ 4 aW Y ass/ ~o~v xwr.'0o-~ ~w+ca r o W P+~/~ q N 7~ ~b ? ; zy ~ auoAr~. q ~ tea, ~ x.~,J~ ~ ~., , ~ ~ o,a • w w cavr ~ a PCW o/ avy vod our. nv u w amaa 9w ~u,,;vi • 1ei ooec-u-rye wa ,T-cc'u ouw-ac-mue xe crrc u o.a ~f w Ay.~ ~ ~iJp.u~+o•" i n Pn'a~e mwo ~R1 ~/ IO p NNN~]~I]d~~ 1~ % MY~. \~ //WI - ~ '. / 8 E]/ W t9 fY O[ s ~- ti / r~ ~~ ~ -~ ~~„m .~, Au e/ [9e )-pe ~ 1 ~O ]YI i d W09~+NWwm A! Nry INPf S !ql o- 7d P~NNW41 -4- 1~S +N~7 'au+o0.~~ -o- WI ~ n179fS7 -fie ]R9S Ny ~v POl POI 0 POi /.bfS! 3M.AS LOd3 ~// a~rrxw -/iiOdlD WdYAM 'tl0 SC1NYdA) ~ '!H Tifi}p 300/~! SdM077V'MS NV'id Jl21dNIW1'1321d 107 7V:71d11 aroa ~' L `~ +Nwfa~w Ngpyq~ A~No d W( ~~S Nv~d 3dr~sarvv~ ~~ s{~~!pC-i,~, ~.A QfOH 'fNlt/06~l TlJP1 M.i ~b ' mnw A A~`9 A{ A fMA-P-' ~tl .P4 3 ~. i ]A N A]K C ] P .1 ~ ] N ~afLW D.IG/IJO N D N ].~1CIfID N utNrea ]CN/ PSND]NrO. PN.~ 7l5-3P-'llq TJOLL31PU5 [-I .L 3