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Home My WebLink AboutAgenda - 06-02-2015 - 6oORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 2, 2015 Action Agenda Item No. 6 -o SUBJECT: Plat Revision for the Hollow Rock Nature Park DEPARTMENT: Environment, Agriculture, PUBLIC HEARING: (Y /N) No Parks and Recreation (DEAPR); Planning and Inspections; County Attorney's Office ATTACHMENTS: INFORMATION CONTACT: 1) Existing Recorded Plat 2) Proposed Revised Plat David Stancil, 919 - 245 -2510 3) Adopted Master Plan Map Marabeth Carr, 919 - 245 -2516 4) Draft Site Plan - Hollow Rock Patrick Mallett, 919 - 245 -2577 Parking Area James Bryan, 919 - 245 -2319 5) Existing Declaration of Anne Marie Tosco, 919 - 245 -2320 Development Restrictions 6) Proposed Amendment to Declaration of Development Restrictions PURPOSE: To authorize the Chair to sign an Amendment to Declaration of Development Restrictions and for staff to record a revised plat for the planned Hollow Rock Nature Park to construct a small parking area for the proposed park. BACKGROUND: In 2006 Orange County purchased a parcel of land from Duke University to add to the now 75 -acre property known as the "Hollow Rock Nature Park ". When the plat was recorded, it included a stipulation of "10' Wide No Vehicular Access" along Erwin Road (Attachment 1 — Existing Plat). This stipulation allowed for the existing driveway entrance, and it was hoped that this entrance could be used for the two existing residences as well as the future park. In addition, a Declaration of Development Restrictions (Attachment 5) was recorded which prohibited new access points on Erwin Road. However, in developing the plans for the proposed Hollow Rock Nature Park parking area with the North Carolina Department of Transportation ( NCDOT), it was determined that the sight distances in that area were not adequate for safe ingress and egress. The preferred location is 140 feet to the east (Attachment 4); which will provide for safer access to the site for park users. NCDOT also recommended separating the two driveways, leaving the existing drive for the private residences and the new drive for park access only. In order to be able to procure a NCDOT Driveway Permit to construct the parking area, a new plat removing this requirement needs to be recorded (Attachment 2) and the existing I Declaration of Development Restrictions be amended (Attachment 6) to allow a new access point. The Orange County Planning and Inspections Department has reviewed this and is in agreement with this revision, and this change will not impact the adjoining neighbor's access to that property. FINANCIAL IMPACT: The financial impact associated with recording the plat is included in the existing funds for the construction budget. RECOMMENDATION(S): The Manager recommends that the Board authorize the Chair to sign the Amendment to Declaration of Development Restrictions and authorize staff to record the plat dated May 4, 2015 so that the driveway permit can be secured. nary Yw � WAYi "usa°Niuis�sm�°s. —cxunox ARM, nwxs ¢' I'�wri ixi raw _ a nsswacm m was eYp vgw,h cuyox uss a x�ox�uF ae% � o ox xowEVUxms wssoammu m awwe yh.S a. m.Yaox ew¢s ,'�I Pl v� m�ir miser sua� � bo) �¢r Puu I piECroR ap v 9 x^" .:— / x¢= / aYx »ap vaY.:�A� -g am saw[ / /¢. / / olx V. 1. I Tx Pw x®'°IM x� ,mom Attachdent 1 FILED p+�k_Prp�n1•�% axm REC!. " .. E05 ° ��mimz�s,2J � kb r� �cT� � oP[x auxn»,c r meFS uuac suuPS. ��4Ax o cousmucnox uses ox art a Ppox ann 1 o ro �M& a s FA aYAYx; qrx: �1 \ rvsorvann �¢.wwnxs cowu m 8 l \ tl-EEA 1 \ \ \ \1 ij / ¢+.. w: a e .e • im \ pa \ ,,»uwy�kmwwsY. ,e.¢,. , wrna ` Ax u � 11 iYl»L PW GF YIXdt sxafMad! fOR ...s.,'wCC SAL cwmu O xwsm� x Zy" 5 f SEAL GRAPHIC SCALE - 2 •xo acu m¢ m a ee gyp_ m �r �, CAR? SCALE: 1' -ep' -Boob( 9,1 -a e— 75 PROPERTY SURVEYED FOR ORANGE COUNTY `IFAx btY) xw- I eYeN 4 Attachment 2 XRWR' OAP, Alrl rArm r."AM, T."u.", =I,-' IN AA! IL;' —A- -El Pl. mer6699a6 .t m` fA &A f VI's W.' VI A—M MA I_ "'r —11 1— - — — — — — — — — — — — 0_1 v 1 50 C an 120 IN I PIN 111. 91,111. L- SmIe 1" W.U—Y- '.1 U-2 Master Plan for the Hollow Rock Access Area at New Hope Preserve Option 1 - Pickett Road Opened Option 2 - Pickett Road Closed N loo so o loo 3/042009 Rev Trails 101172012 LEGEND me xio sny,�n o�� n.n: < POSSIBLE ACCESS POINT y, EXISTING BENCH LOCATIONS PROPOSED BENCH LOCATIONS (TO BE FIELD LOCATED) PROPOSED BIRD WATCHING PLATFORM (TO BE FIELD LOCATED) STREAM CENTERLINE STREAM BUFFER LIMIT EXISTING TRAIL PROPOSED TRAIL (TO BE FIELD LOCATED) PROPOSED ADA SLOPE ACCESSIBLE TRAIL (TO BE FIELD LOCATED) 5 Attachment 3 f 0 L Proposed Parking Area for the Hollow Rock Nature Park 11 85'41125 .- .FISHER JEFFREY 'PIN 98919,16270 OR 54502PC 352 PS 57 PG 3 ORANGE Rvlva I gag COU'!! 4 &2 DB 5794 PG PB 91 PC 60 N- B8 '47'47' N 01'1213" ' 72.20' -A", 40 1, X\ I 55.1 DUKE UNIVERSITY PIN 9891619856 DB 3970 PC 417 N N P3-47' $ NJ E COIJNtl PIN D DB B 466 PC 43a -EASE! ML7NE -PB 700 PG 2 M Attachment 4 Proposed Driveway Entrance DUR� M ONMEM 1 Lf. 7� f0. UKE FOREST ENTRANCE R 7858' D.ft Existing CH M '10'E M - M" Driveway Entrance EX DRWE M fi 'M II or JIMM' IN CN BBG 504W, E a '41 r GRPOEL/Wrr J1 N DOO - 2 f N7,, 'WE CnU cn _ 30' WDE ow PB11 11 85'41125 .- .FISHER JEFFREY 'PIN 98919,16270 OR 54502PC 352 PS 57 PG 3 ORANGE Rvlva I gag COU'!! 4 &2 DB 5794 PG PB 91 PC 60 N- B8 '47'47' N 01'1213" ' 72.20' -A", 40 1, X\ I 55.1 DUKE UNIVERSITY PIN 9891619856 DB 3970 PC 417 N N P3-47' $ NJ E COIJNtl PIN D DB B 466 PC 43a -EASE! ML7NE -PB 700 PG 2 M Attachment 4 ? DUR� M ONMEM 1 Lf. 7� f0. 4 1-1�r Atta chment 5 20060224000062730 DECL Bk:RB3975 Pg:271 10212412006 11:61:31AM 114 FILED Joyce H. Pearson Register of Deeds Orange COUNTY,NC Da Deputy PREPARED BY PLANNING DEPARTMENT ORANGE COUNTY Return to: Geoffrey E. Gledhill, P.O. Drawer 1529, Hillsborough, NC 27278 NORTH CAROLINA PIN: 0801 -01 -4625 DECLARATION OF DEVELOPMENT RESTRICTIONS AND REQUIREMENTS RECORDED CONCURRENTLY WITH ORANGE COUNTY SUBDIVISION PLAT BOOK/PAGE 99/73 OWNER: ORANGE COUNTY, NORTH CAROLINA This DECLARATION; made this —Z�-- day of d , 2006, by Orange County, North Carolina, the owner of the property described in the Property Description s ction of this declaration, hereinafter called Declarant. WITNESSETH Declarant agrees for itself and with any and all persons, firms or corporations hereinafter acquiring any of the property described in the Property Description section of this declaration (hereinafter "the Property "), that the same shall be subject to the following restrictions, conditions, and covenants relating to the use and occupancy thereof, which restrictions, conditions, and covenants shall run with the Property and inure to the benefit of and be binding upon the heirs, successors and assigns of the Declarant and other acquiring parties and persons. PROPERTY DESCRIPTION Being all of Lot 1 as shown on the plat entitled "Final Plat of the Minor Subdivision for Property Surveyed for Orange County ", dated September 20, 2005, as drawn by Ronald D. Carpenter, P.L.S., of Triangle Surveyors and recorded in Plat Book 99, Page 73, Orange County Registry (hereinafter "the plat of the Property "). 1 SETBACKS 20060224000062730 DECL Bk:RB3975 P9:272 02/24/2006 ii:61:3iRM 214 Building structures shall meet applicable setbacks as required by Section 5.1.1 of the Zoning Ordinance. Said ordinance requires that all structures maintain a front yard setback of 40 feet, measured from the edge of right -of -way, and a setback of 20 feet from side and rear lot lines. Exceptions to the setback requirement include certain architectural features (such as cornices, eaves, and gutters), an unenclosed balcony or fire escape, and an attached private garage or carport. See Section 6.6 of the Orange County Zoning Ordinance, available at the Planning Department for specific regulations relating to these exceptions. SEWAGE DISPOSAL The Property is of restricted development potential because of the fact that the suitability of the Property for the installation of soil absorption sewage disposal facilities has not been established by the Orange County Division of Environmental Health pursuant to Section IV -B -2 of the Orange County Subdivision Regulations. A soil analysis must be conducted for the Property prior to development thereof which requires soil absorption sewage disposal facilities and /or the issuance of a building permit. REQUIREMENTS FOR STREAM BUFFER The 50 -ft. wide stream buffer shown on the plat of the Property shall be maintained in its natural state, unless the area is or becomes subject to serious erosion, in which case an erosion resistant vegetative cover shall be established and maintained as required by Article 6.23.7 of the Zoning Ordinance. LAND USE BUFFERS A Type A (3041.) Land Use Buffer located along Erwin Road (SR 1737) as shown on the plat of the Property shall be preserved as required by Section IV- B -8 -e -1 of the Subdivision Regulations. The buffer shall be composed of deciduous and /or evergreen vegetation, forming semi- opaque intermittent visual obstructions from the ground to a height of at least thirty (30) feet. LANDSCAPING Existing trees shall be preserved to satisfy the landscaping requirements pursuant to Section IV- 13-8 -d -1 of the Subdivision Regulations. Clear cutting of trees is prohibited. No trees measuring twelve (12) inches or more in diameter at a point four and one half (4.5) feet above the ground shall be cut. Clearing of trees for the location of buildings, driveways, parking lots, septic systems, and garden areas is permitted. 2 - - -- 7- - .. - - - - - -- - - - -- -._ _ . _. - -- - -- -- - - OPEN BURNING 20060224000062730 DECL Bk : RB3973 P� : 273 02/2412006 11:51:31AM 314 The open burning of trees, limbs, stumps, and construction debris on the Property is prohibited. OTHER RESTRICTIONS Any new access for the Property is restricted to Pickett Road (SR 1734). There shall be no access point permitted onto Erwin Road (SR 1737) except for the one existing on the date of this Declaration, which access point including the 30 feet wide access easement, is illustrated on the plat of the Property. OTHER RELATED DOCUMENTS Documents recorded concurrently with the Final Subdivision Plat may be revised and re- recorded at a later date. Check property records through the Orange County Register of Deeds to identify all documents recorded for the Property. DURATION OF RESTRICTIONS The restrictions imposed by this Declaration shall remain in full force and effect until such time as they are removed by the official legislative or administrative action of Orange County or another governmental unit with jurisdiction over the Property. CERTIFICATE OF DEDICATION AND MAINTENANCE "The undersigned hereby certifies that the Property is owned by the undersigned and is located within the subdivision - regulation jurisdiction of Orange County and hereby freely dedicates all rights -of -way, easements, streets, recreation area, open space, common area, utilities and other improvements to public or private common use as noted on the plat of the Property, and further assumes full responsibility for the maintenance and control of said improvements until they are accepted for maintenance and control by an appropriate public body or by an incorporated neighborhood or homeowners association or similar legal entity." _._ 10 20060224000062730 DECL Ir Bk:RB3975 Pq:274 02/24/2006 11:61:31fiM 4/4 IN WITNESS WHEREOF, Declarant has caused this instrument to be signed and sealed on the day and year first written above. Attest: Donna S. Baker, Clerk to the Board of Commissioners NORTH CAROLINA ORANGE COUNTY, NORTH CAROLINA e COUNTY a Notary Public of the County and State aforesaid, certify that Donna S. Baker personally cak4e before me this day and acknowledged that she is Clerk to the Board of Commissioners for Orange County, North Carolina and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness my hand and official seal, this the o2�l day of 2006. 4f��q Notary/Public My commission expires: GAG + � `� � 2! ID 10 Q ... an��`�,�.� . �fl111111111�+ in 11 PIN: 0801 -01 -4625 AMENDMENT TO DECLARATION OF DEVELOPMENT RESTRICTIONS AND REQUIREMENTS OWNER: ORANGE COUNTY, NORTH CAROLINA THIS AMENDMENT TO the Declaration of Development Restrictions and Requirements, made this day of , 2015, by Orange County, North Carolina, a body politic and corporate and a political subdivision of the State of North Carolina, hereinafter called Declarant. WITNESSETH WHEREAS, the Declarant owns in fee simple all of Lot 1 as shown on the plat entitled "Final Plat of the Minor Subdivision for Property Surveyed for Orange County," dated September 20, 2005, as drawn by Ronald D. Carpenter, P.L.S., of Triangle Surveyors and recorded in Plat Book 99, Page 73, Orange County Registry, and WHEREAS, the Declarant has previously recorded certain Declaration of Development Restrictions and Requirements in the Orange County Registry in Record Book 3975 page 271 (the Declaration), and WHEREAS, pursuant to the Duration of Restrictions section of the Declaration, the restrictions imposed by the Declaration shall remain in full force and effect until such time as they are removed by the official legislative or administrative action of Orange County, and WHEREAS, the Declarant wishes to amend the Restrictions, NOW, THEREFORE, Declarant agrees for himself and with any and all persons, firms, or corporations hereafter acquiring any of the property described in the Property Description section of the Declaration, that: 1. The section of the Declaration entitled Other Restrictions is removed from the Declaration, and; 2. All other terms and conditions of the Declaration of Development Restrictions and Requirements are herein reaffirmed and incorporated herein by reference. IN WITNESS THEREOF, Orange County, Declarant has signed and sealed this instrument on the day and year first written above. 12 IN WITNESS THEREOF, Declarant has caused this instrument to be signed and sealed on the day and year first written above. C Attest: Donna S. Baker, Clerk to the Board of Commissioners NORTH CAROLINA COUNTY ORANGE COUNTY, NORTH CAROLINA Earl McKee, Chair Board of Commissioners I, , a Notary Public of the County and State aforesaid, certify that Donna S. Baker personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners for Orange County, North Carolina and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness my hand and official seal, this the day of , 2015. Notary Public My commission expires: ,