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HomeMy WebLinkAboutAgenda - 10-05-94 - VIII-K 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 5, 1994 Action Agenda Item # vm-k SUBJECT: CLUSTER SUBDIVISION CHARLOTTE ' S CREST - PRELIMINARY PLAN ACTION BY: November 19, 1994 DEPARTMENT: Planning PUBLIC HEARING Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk Resolution of Approval Ext. 2582 Application Vicinity Map Staff Analysis TELEPHONE NUMBERS: Preliminary Plan Hillsborough - 732-8181 9/19/94 Draft Planning Board Minutes Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider the Preliminary Plan for the cluster subdivision for Charlotte' s Crest. BACKGROUND: The property is located on the northeast side of New Sharon Church Road (SR 1538) in Little River Township. It is zoned Agricultural Residential (AR) with an overlay district of Little-PW, and designated Agricultural Residential and Little River Watershed in the Land Use Element of the Comprehensive Plan. The property is wooded with land uses in the area including farming and residential. The tract is 13 . 83 acres in size with six (6) lots proposed. A 3 . 00 acre open space area is proposed. Access to the lots is proposed from Charlotte Mountain Road which is an existing Class B private road off New Sharon Church Road (SR 1538) . In 1992 a traffic count on New Sharon Church Road indicated 600 trips per day just south of the intersection with NC 57 . Lots range in size from 1. 61 acres to 1. 65 acres outside of the right-of-way. The 'open space will be located at the front of the subdivision with frontage on New Sharon Church Road. Each lot will be served by individual wells and septic tanks. 2 A minor subdivision creating lots 4F, 4G, 4H, 4J and 4K on the tax map shown on the following page was approved for this property on April 15, 1994 . The property owner later decided to subdivide lot 4F to create one additional lot. The location of suitable soils was such that Lot 4F could not be subdivided in a manner which met the 2-acre minimum lot size required in the Little River Watershed. The proposed cluster subdivision is a redesign of the original subdivision and will allow for reduction of the size of the residential lots in order to utilize areas suitable for septic disposal. The Planning Board approved the Concept Plan for the cluster subdivision for Charlotte ' s Crest on July 18, 1994 with a Class B private road. On September 19, 1994 the Planning Board recommended approval of the Preliminary Plan for the cluster subdivision for Charlotte' s Crest with a private road built to Class B standards, and the conditions contained in the attached Resolution of Approval. RECOMMENDATION: The Administration recommends approval of the Preliminary Plan for the cluster subdivision for Charlotte' s Crest with a private road built to Class B standards, and the conditions contained in the attached Resolution of Approval. 3 - Charlotte's Crest Applicant: Ann Joyner • Zoning: AR and Little-PW LUP:Agricultural Residential Water Supply Watershed • /168.15 AC. 6069 . • . / \ , ------- ._. . ..• CI 5813 '\\\ \\ 57. 17 AC. CAL ,... ,,i\ \\ 0 #111120111• 1 \\\2 AC.CA CP--6 !2 INIF■P''' 7 2.191 pis 0 4 . 4 , 26 AC• i 5 2' i Ito \\ \\470 • All .0, Z. 20AC. ilik \\ i \\\sq/.,/, 1 _ 1 3. N\-,s;\ , 5..06Aco \ AC LNN\ ligamb;\•.if ,e-0,1 Ir a Pit) i Fli 0 N I AC. \\\ 13.36 :7615 . \\ AC. \\ r 3 r, 0 \\ \\ • , •6378 \\ 010 11.95AC. \\-96 \\ , 60 \\ \\ ) 15.494C. CAL . \\ \\ § , \\ te o . o c.i. • 1.., 4 (� 6/93 RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMVIISSIONERS Date October 5, 1994 Name of Subdivision Cluster Subdivision, Charlotte's Crest Owner/Applicant Charlotte's Crest Inc. The Board of County Commissioners hereby approves Charlotte's Crest cluster subdivision preliminary plat, dated July 19, 1994 and containing six lots subject to the fulfillment of requirements specified herein. Before the Final Plat of Charlotte's Crest 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. 3. Lot A is of restricted development potential because the lot is indicated as open space and reserved as open space for the subdivision. The restricted lot shall be identified in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. B. Roads and Access 1. Charlotte Mountain Road shall be constructed to Class B private road standards within a 45 foot right-of-way. 2. Charlotte Mountain 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 plated private road right-of-way shall also be certified. 5 OR A letter of credit, escrow agreement, or bond shall be submitted to secure construction and inspection of Charlotte Mountain Road to Class B private road 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. 3. 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. 4. A Private Road Maintenance Agreement for Charlotte Mountain Road shall be submitted to the Planning and Inspections Department and approved by the County Attorney. 5. A 10' by 70' sight triangle shall be shown at the entrance of the subdivision. 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 as indicated on the approved landscape plan, and must be inspected and approved by the Planning and Inspections Department. 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 along New Sharon Church Road. The buffer shall be 30 feet in width and provide sufficient vegetation to meet the standards of Section IV-B-8-e of the Subdivision Regulations. Said buffer 6 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. 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. E. Parkland 1. Cash in the amount of $308.00 (5,400/acre x 2/35 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 shall be irrevocably dedicated to the homeowners association for recreation/open space use by residents of the subdivision. 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. A setback of 40 feet shall be maintained as measured from the edge of right-of-way of Charlotte Mountain Road. Side yards shall be a minimum of 20 feet, and rear yards a minimum of 20 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. 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 Department of Environmental Health shall certify that each lot contains a suitable area for septic disposal. 4. A Certificate of Approval signed by the Orange County Planning and 7 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 APPLICATION FOR PRELIMINARY PLAN APPR• OVAL MAJOR SUBDIVISION 8 8/93 ORANGE COUNTY DATE: -1c8 "9\-i PLEASE TYPE OR PRINT (INK ONLY)//�� ` -- -__ SUBDIVISION NAME: t_:.V - r,-.'-' la \l-a-,S. Cr-- -- -k---- LOCATION: \�J2 S G..('u,-., C\r.LL( c.-A.,-,\ 4?-S ,OWNER/DEVELOPER: Cr\a--Aol ( S C (^LS'\-' 1ne . ADDRESS: (,../I t 1 TELEPHONE NO.:-5" `110 1 1"i\>-0a a-'"^'z tiJ C.. 0.2-2 30 z AGENT/CONTACT: TELEPHONE NO.: A. SUMMARY INFORMATION: �j Orange County Tax Map \\ Block Lot(s) 4 F Township L 1C. tc..i-c — Zoning District(s): ii! 1& Total Number of Acres: 1 ? , 71 Phases: Total Number of Lots: (, Average Lot Size: 1 . 1 cLc,. Minimum Lot Size: 1, S 4.c. , Number/Type of Structures: (existing) 0 (proposed) Lineal Feet in Streets: •-- 2-0 o a' Acres in Open Space: 3 ,o Water Supply: Public (specify) Community y...--- Individual Wastewater Disposal: Public (specify) Community Individual School District: V, N- Fire District: C6-1 c we L( General Land Uses in Area: <'1.i r1•0,-,-L-1--c-LA.-24 / fesl d e,n til Critical Areas: `rte o r.Z__ stream rainageways "r,vT e___ flood prone areas Ls r-� t?... watershed (speck) v--)o h em historic sites other (explain) \- L k. Wyo ae, Is the property to be subdivides+ 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 (1"=200') and no larger than one inch equals twenty feet (1"=20') and must contain the following'information: -, >: ':;» subdivision name u• :>::: zoning of tract and adjacent. ?r.4 name & address of owner(s) properties name & address of subdivider building setback lines by notation / (if other than owner) or typical lot layout ,� ✓ > `> name of surveyor, engineer, rf/A ?;;f > location and width of existing and C landscape architect or architect, proposed easements (drainage, 0 address, registration #and seal a) / utilities, roads, etc.) c // >> »q (title) Preliminary Plan � :; `-K existing, proposed and adjoining / ; scale, north arrow rights-of-way including dimensions <+?>? date (including revision dates) and street names and state road E 'H f <tr<; township, tax map-block-lot numbers. Lineal feet of road ajw 4-3 4-4 references centerlines and approximate •H o :v :3 Parent Parcel Identification # acreage of new street rights-of- -0 c-4 deed book and page # of property / way `-4 to be subdivided Nl existing and proposed utilities, ,-+ o ....»l>� boundary described with bearings , including type, sizes, hydrants, o_ o a and distances 41. valves, manholes u ?> .:. total acreage of the tract and ' z A existing and proposed curbs, Y o acreage of lots, including and gutters and culverts, including a) excluding area within rights-of- sizes and grades L = way c cn ;:` A>; location and width of alleys, ;:g14:!:1 control corner sidewalks, bike lanes, transit systems, and bus stops (please complete reverse side) 4 iii proposed lot lines with dimensions V typical street cross-sections and ✓` lot & block numbers intersection details including 9 phasing lines design and width of travelway and y •';/ < Topography at ten foot (10) shoulders • ,/, intervals c FI�b�1- horizontal alignment and general o `'1 +�''': water bodies, streams, floodway curve data (public roads) at ' and floodplains centerline radius on all proposed f/-/,(Y stream buffers co o ' streets cv ^:„::::: location and size of parcels 1441. :.:itA permanent features such as V, 0 dedicated for public use, buildings, cemeteries, historic ou recreational use or reserved in landmarks o common, with purpose noted :>' :`«, adjoining lot layout names of C-1 <>% :; impervious surface data (if located adjoining property owners. If w• ° in water supply watershed) subdivided, subdivision plat name, c/ a: :. vicinity map showing general a) ,/ book & page number, and —+ co Cl. CU location of subdivision with streets perimeter lot numbers, E o co and roads identified by State road ;:::: ;ft location and size of lots of U number and name restricted development Y o J landscaping and buffer p potential '-' and notation on plat regarding CU C / requirements / same tJ cn �/A f?) township, corporate and extra- / ,::::V.:::::: stormwater detention and/or ll ' 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). s 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. if Such documents may include, but not be limited to, a private road maintenance rcrasinent, 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 - $350.00 plus $5.00 per lot (1 fee for preliminary and final plat). . 7. If the subdivision contains 10 lots or more the following information shall be submitted with the application: f. a. Number of years to buildout. b. Number of houses to be built during each year to buildout. i c. Average price of houses including lots for each year to buildout. I, the applicant, hereby certify that the foregoing application is complete and accurate. ----7..4.---4-------AllidlPir .,, • ( ,.."---2, • 0 - i APPLICANT' SIGNATURE j OWNER'S SIGNATU)# DATE -7- 1 g G Lc. DATE FEES: Amount Date Paid 7"1. .99 Receipt # 7 c€A7`� FINDINGS OF THE ORANGE COUNTY PLANNING AND 10 INSPECTIONS DEPARTMENT PERTAINING TO CHARLOTTE'S CREST SUBDIVISION CRITERIA FINDING IV-B-10-h Application Criteria a) The tract is a minimum of 400,000 a) The property is 13.83 acres or 602,434 square feet for the AR and RB districts. square feet in size, 202,434 square feet 200,000 square feet for the R-1 district larger than the minimum required. and 80,000 square feet for all other districts. b) Approved water supply and wastewater b) As approved by the Orange County treatment systems are available and Division of Environmental Health, each each lot is served by separate water lot will have individual septic tanks and supply and sewerage connections. wells. c) The total number of lots proposed for c) 13.83 acres gross land area the tract, excluding parcels of reserved -1.52 acre in right-of-way recreation/open space, is not greater than the number determined by dividing 12.31 acres net land area the gross land area, excluding public road rights-of-way, by the minimum lot 12.31 acres ± 2 acres size requirements for the zoning district = 6.155 lots maximum established in the Orange County 6 lots proposed Zoning Ordinance. d) The recreation/open space reserved d) See comments that follow. within the tract conforms with the recreation and open space standards established in Section IV-B-7-b. IV-B-7-b 2. Dimensional Requirements If the application of the provisions The acreage provided for of Article 5.1.1 (Required recreation/open space is 3.00 acres, Minimum Recreation Space Ratio) which exceeds the amount required by and Article 6.12 (Land Use the Zoning Ordinance (0.38 acre) and Intensity System) of the Orange by the Subdivision Regulations (0.17 County Zoning Ordinance results in acre). a greater amount of land, then the difference between the application of the standards above and those of Article 5.1.1 and Article 6.12 shall be established as private recreation for the use of the residents of the development. 2 11 3. Site Suitability Land provided or dedicated for passive recreation and open space purposes shall be of a character, slope and location suitable for use for walking, jogging, reading and similar quiet activities, and the preservation of natural features and cultural resources such as steep slopes, rock outcrops, native plant life and wildlife cover, mature woodlands and water resources. Criteria for evaluating the suitability of proposed recreation areas shall include but not be limited to the following: a. Location. Land dedicated for a. The open space as shown preserves Cd recreation purposes shall be mature woodland. It also serves as a located so as to serve the needs buffer between New Sharon Church of the residents of the Road and the lots in the subdivision. subdivision and the residents of the immediate neighborhood within which the subdivision is - located. Recreation areas shall be located so as to provide insofar as possible, reasonable accessibility to all residents of the subdivision and residents living in the immediate neighborhood. Recreation areas shall be located where land more suited for recreational purposes due to shape, level slopes and/or dry soil conditions is present. Where proposed park sites are shown on the I' adopted Land Use Plan, and a subdivision contains a portion of the park site, then the recreation area may be located at the edge of the subdivision so that additional land may be added as adjacent land is subdivided. 3 12 b. Unity. Land dedicated for b. The 3.00 acres designated for recreation purposes shall be a recreation/open space is in a single single parcel except where it is parcel determined that two (2) or more parcels are suited to the needs of a particular subdivision. The Planning Board may recommend, and the Board of Commissioners may require, the dedication of a connecting path in addition to the land required in Section IV-B-7-b-2 of this ordinance. Where a connecting path is necessary, a path of up to fifty (50) feet in width may be required, but in no case shall the path be less than thirty (30) feet in width. c. Accessibility. Land dedicated c. The recreation/open space has frontage for recreational purposes shall on Charlotte Mountain Road. have at least fifty (50) feet of frontage on at least one (1) street within the subdivision. 4. Site Improvements Private recreation facilities, either The recreation/open space is suitable for required or provided at the option passive recreation (walking, bird watching, of the applicant, shall meet the photography, etc.). It also serves as a standards for improvements: buffer from New Sharon Church Road. There are no site improvements proposed. Park bench, picnic tables, grills and trash receptacles. The applicant is required to make a payment of $308.00 in lieu of public One (1) picnic table per 50 dedication of recreation/open space which residents, 50 sq. ft. of land per will be used to purchase and/or develop table. parkland for use by the subdivision and neighborhood residents. In addition to land provided or dedicated for active recreation purposes, sufficient area shall be provided to make available a minimum of five (5) off-street parking spaces for the first two (2) acres of each recreation site and one (1) space for each additional acre thereafter. 4 1;3 5. Method of Provision or Dedication The payment in lieu of land dedication will Land dedicated for public be used to purchase and/or develop recreation area as required by this parkland for use by the subdivision and Ordinance shall be designated on neighborhood residents. both the preliminary and final plat(s) of the subdivision and must be dedicated to an appropriate unit of local government. e. The minimum amount of land reserved Lot sizes have been reduced a total of 2.25 as recreation/open space shall be the acres. 3.00 acres of recreation/open space sum of all reductions in minimum lot are proposed. area as a result of the cluster form of development and/or the minimum recreation/open space required in Section IV-B-7-b, whichever is greater. IV-B-10-c Reductions in Lot and Setback Requirements For lots created as part of a cluster development minimum lot area, lot width and setback requirements specified in Section 4.1.2 may be reduced as follows: I a. Minimum lot area requirements may be a. The minimum residential lot size reduced by fifty percent (50%) but shall proposed is 1.61 acre, a 32% reduction be no smaller than 5000 square feet. of the 2-acre lot size required in the Little River-PW zoning district. b. Minimum lot width requirements may b. The minimum lot width required is 150 be reduced by twenty percent (20%), feet. Lot widths may be reduced to but shall be no less than fifty (50) feet. 120 feet. Lot width is not applicable on the cul-de-sac. c. Minimum front setback requirements c. Front setbacks may be reduced to 30 may be reduced by twenty-five percent feet. (25%) except where the front lot line forms an exterior boundary of the cluster development. d. Minimum rear and side setback d. Side setbacks between lots may be requirements may be reduced to ten reduced to 10 feet. Most other lot lines (10) feet except where the rear or side form exterior boundaries. E' lot line forms an exterior boundary of the cluster development. 5 14 IV-B-10-e Approval of Preliminary Plan a. Individual lots, buildings and streets a. The new road has been designed to shall be designed and situated to follow along the southern property line minimize alteration of the natural site to allow the open space to remain in features to be preserved. one lot. b. The usability of cluster open/recreation b. The open space is suitable for passive space shall be determined by the size, recreation. shape, topographic and location requirements specified in Section IV-B- 7-b. c. Cluster open space shall include c. It includes mature woodland, and a irreplaceable natural features such as, gradual slope. but not limited to, streams, significant stands of trees, individual trees of significant size and/or species, uncommon plant communities, wildlife habitats and rock outcroppings. d. Cluster recreation space shall be easily d. The open space area is located at the accessible to pedestrians, including the entrance into the subdivision and is handicapped. accessible from Charlotte Mountain Road. e. The suitability of cluster open space e. The open space preserved will also intended for scenic value shall be benefit the subdivision by serving as a determined by its visibility from buffer from New Sharon Church Road. adjoining properties and streets and shall seek to lessen the area devoted to motor vehicle access. f. Diversity and originality in lot layout f. The road and lots are located to shall be encouraged to achieve the best minimize disturbance and make the best possible relationship between the land use of soils for sewage disposal. and the development. g. Up to one-fourth of the land with g. There are no slopes over 15% that are slopes greater than fifteen percent proposed to be removed or altered. (15%) may be removed or altered only Houses will be on the side of the hill when such slopes are small and isolated and near the ridge top and can be and do not otherwise adversely affect designed to fit the existing slopes. the design of the development. 6 15 h. At least twenty percent of the gross h. 3.00 acres (22%) is designated as open land area is designated as common space. None of the open space area is open space. No more than fifty percent reserved for septic systems or utilities. (50%) of the required common open space shall be used exclusively for sewage treatment systems, utilities, or other uses which prohibit access by the residents of the cluster subdivision. This restriction does not apply to areas of historic or natural significance which may be protected by access restrictions. II Draft 9-19-94 Planning Board Minutes 16 floodplain and wetland areas located on the central and eastern portion of the tract. There are also several abandoned structures associated with previous use of the property as a dairy farm. Ten lots are proposed on the westernmost 25 acres of the tract. The lots range from 1.7 acres to 4 .8 acres, with an average size of 2 .2 acres. All lots are proposed to be served by individual wells and septic tanks. The Concept Plan indicates that the remaining 137 acres, which includes Stoney Creek floodplain and wetlands, and the abandoned farm structures, are reserved for future development. Access would be provided by a proposed public road located on the north side of NC 10 at its intersection with New Hope Church Road. The proposed road would extend to the eastern boundary of the portion of the tract being developed, and would be extended if the remainder of the tract were developed in the future. The Planning Staff has proposed an alternative design that would shift the proposed public road about 1000 feet to the east, where there is better sight distance along NC 10. Six of the proposed lots would access onto the proposed road. The remaining four lots would access directly onto NC 10 with a joint driveway to be used by lots 2 and 3 to minimize the number of access points while providing for adequate sight distance. In addition to improving access and visibility, the alternative would avoid the creation of the proposed public road parallel and adjacent to NC 10 in the vicinity of the intersection with New Hope Church Road. The Planning Staff recommends approval of the alternative Concept Plan for Guernsdale, Phase I. b. Preliminary Plans • ( 1) Charlotte's Crest (7 Lots - Little River Township) Presentation by Eddie Kirk. The property is located on the northeast side of New Sharon Church Road (SR 1538) in Little River Township. It is zoned Agricultural Residential (AR) with an overlay district of Little-PW, and designated Agricultural Residential and Little 17 River Watershed in the Land Use Element of the Comprehensive Plan. The property is wooded with land uses in the area including farming and residential. The tract is 13.83 acres in size with six (6) lots proposed. A 3 .00 acre open space area is proposed. Access is proposed from Charlotte Mountain Road which is an existing Class B private road off New Sharon Church Road (SR 1538) . In 1992 a traffic count on New Sharon Church Road indicated 600 trips per day just south of the intersection with NC 57 . Lots range in size from 1.61 acres to 1 .65 acres outside of the right-of-way. The open space will be located at the front of the subdivision with frontage on New Sharon Church Road. Each lot will be served by individual wells and septic tanks. A minor subdivision creating lots 4F, 4G, 4H, 4J and 4K was approved for this property on April 15, 1994 . The property owner later decided to subdivide lot 4F to create one additional lot. The location of suitable soils was such that Lot 4F could not be subdivided in a manner which met the 2-acre minimum lot size required in the Little River Watershed. The proposed cluster subdivision is a redesign of the original subdivision and will allow for reduction of the size of the residential lots in order to utilize areas suitable for septic disposal. The Planning Board approved the Concept Plan for the cluster subdivision for Charlotte's Crest on July 18, 1994 with a Class B private road. The Planning Staff recommends approval of the Preliminary Plan for the cluster subdivision for Charlotte's Crest with a private road built to Class B standards, and the conditions contained in the Resolution of Approval which is an attachment to these minutes on pages . MOTION: Scott moved approval. Seconded by Barrows. VOTE: Unanimous. (Brown out of the room during this vote. ) RESOLUTION OF TIIE ORANGE COUNTY BOARD OF COUNTY C ONEVIT SSI ONERS Date October 5, 1994 Name of Subdivision Cluster Subdivision, Charlotte's Crest Owner/Applicant Charlotte's Crest Inc. The Board of County Commissioners hereby approves Charlotte's Crest cluster subdivision preliminary plat, dated July 19, 1994 and containing six lots subject to the fulfillment of requirements specified herein. Before the Final Plat of Charlotte's Crest 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. 3. Lot A is of restricted development potential because the lot is indicated as open space and reserved as open space for the subdivision. The restricted lot shall be identified in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. B. Roads and Access 1. Charlotte Mountain Road shall be constructed to Class B private road standards within a 45 foot right-of-way. 2. Charlotte Mountain 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 plated 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 Charlotte Mountain Road to Class B private road 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. 3. 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. 4. A Private Road Maintenance Agreement for Charlotte Mountain Road shall be submitted to the Planning and Inspections Department and approved by the County Attorney. 5. A 10' by 70' sight triangle shall be shown at the entrance of the subdivision. 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 as indicated on the approved landscape plan, and must be inspected and approved by the Planning and Inspections Department. 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 along New Sharon Church Road. The buffer shall be 30 feet in width and provide sufficient vegetation to meet the standards of Section IV-B-8-e 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. Impervious surface data, as pursuant to Article 6.23.3 of the Zoning Ordinance shall included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. E. Parkland 1. Cash in the amount of$308.00 (5,400/acre x 2/35 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 shall be irrevocably dedicated to the homeowners association for recreation/open space use by residents of the subdivision. • 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. ._ . A setback of 40 feet shall be maintained as measured from the edge of right-of-way of Charlotte Mountain Road. Side yards shall be a minimum of 20 feet, and rear yards a minimum of 20 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. 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 Department of Environmental Health shall certify that each lot contains a suitable area for septic disposal. • . . 4. A Certificate of Approval signed by the Orange County Planning and Inspections Department. i .-----, /i - - ior Signature of . 0 elic , t, Clerk t9iThe Board I, il-riwN it1/4,A.,:b SS-3'19 ids/44 accept the above listed conditions of subdivision approval, and acknowledge that eacl must be met prior to recordation of the final plat. dP Applicant ai 4 . Date . . ' - . ' • .