HomeMy WebLinkAboutAgenda - 11-01-94 - VIII-E 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 1, 1994
Action Agenda
Item # V -E
SUBJECT: DEER RIDGE - PRELIMINARY PLAN
ACTION BY: December 10, 1994
DEPARTMENT: PLANNING PUBLIC HEARING Yes X No
ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk
Extension 2582
Resolution of Approval
Application
Vicinity Map TELEPHONE NUMBERS:
Cluster Narrative Hillsborough - 732-8181
Staff Analysis Durham - 688-7331
Preliminary Plan Mebane - 227-2031
Draft 10/17/94 Planning Board Minutes Chapel Hill - 967-9251
PURPOSE: To approve the Preliminary Plan for Deer Ridge.
BACKGROUND: The property is located north of the Heartwood at
Blackwood Mountain Planned Development off Mill House
Road (SR 1725) in Chapel Hill Township. It is zoned
Rural Buffer and designated Rural Buffer in the Land
Use Element of the Comprehensive Plan for Orange
County.
The property is wooded with Duke Forest to the west and
Emerson Waldorf school to the east. The tract is
19. 534 acres in size with eight (8) new residential
lots proposed.
Access to seven of the proposed lots will be provided
by extending Blackwood Mountain Road, which is an
existing public road. The other lot will be served by
Pathway Court which is an existing private right-of-way
developed with Heartwood at Blackwood Mountain. The
Heartwood Development accesses onto Mill House Road.
In 1992 a traffic count on Mill House Road indicated
390 trips per day near the intersection with N.C. 86.
2
Lots range in size from 1. 094 acres to 4. 696 acres with
5.472 acres in common land. The lots will be served by
individual septic tanks with a community water system.
The Concept Plan was approved by the Orange County
Planning Board on April 18, 1994 with the road being
extended from Heartwood Drive and with the condition
that protection shall be provided for the existing pump
building and tank from the proposed road. The North
Carolina Department of Transportation has requested the
applicant to extend the road from Blackwood Mountain
Road instead of Heartwood Drive. A guard rail has also
been proposed to protect the existing pump building and
tank.
The Planning Staff's analysis of how the proposed
subdivision meets the standards of the Subdivision
Regulations is included in the attachments.
On October 17, 1994 the Planning Board recommended
approval of the Preliminary Plan for the Deer Ridge
Subdivision subject to the conditions contained in the
attached Resolution of Approval. The vote was
unanimous, with one abstention for financial reasons.
RECOMMENDATION: The Administration recommends approval of the
Preliminary Plan for Deer Ridge Subdivision subject to
the conditions contained in the attached Resolution of
Approval.
3
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date November 1. 1994
Name of Subdivision Deer Ridge
Owner/Applicant Spence M. Dickinson
The Board of County Commissioners hereby approves Deer Ridge Subdivision, preliminary
plat, dated September 16, 1994 and containing 8 lots in Orange County, subject to the
fulfillment of requirements specified herein.
Blackwood Mountain Road Extension shall be irrevocably dedicated to the general public and
be constructed to standards of the North Carolina Department of Transportation. The
approval of this resolution authorizes and directs the Orange County Manager to accept for
Orange County and on behalf of the public generally, the offer of dedication of Blackwood
Mountain Road Extension. This acceptance by Orange County of the dedication to the
general public of Blackwood Mountain Road Extension shall be without maintenance
responsibility. This road shall be maintained by the owner/applicant until such time as it is
accepted for maintenance by the North Carolina Department of Transportation or some other
governmental body. Before the Final Plat of Deer Ridge can be recorded:
A. Sewage Disposal
1. Each residential lot shall contain an adequate area for septic disposal, and
repair area, approved by the Orange County Division of Environmental
Health.
2. The septic system location may restrict the size and location of improvements.
This disclosure shall be included in a document describing development
restrictions to be recorded concurrently with the Final Plat. The document
shall also disclose that information regarding the tentative location of septic
systems is available from the Orange County Health Department, Division of
Environmental Health.
3. A septic easement shall be provided for lot 4 on the common land as indicated
on the Preliminary Plat. The easement and the conditions shall be contained in
the development restrictive covenants or other documents. A reference to the
restrictive covenants shall be included in a document describing development
restrictions to be recorded concurrently with the Final Plat.
4
B. Roads and Access
1. Blackwood Mountain Road Extension shall be constructed to standards of the
North Carolina Department of Transportation, within a 50-foot right-of-way,
and the construction shall be inspected and approved by NCDOT.
OR
A letter of credit, escrow agreement, or bond shall be submitted to secure
construction of Blackwood Mountain Road Extension 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. Pathway Court shall be constructed to Class B private road standards within a
50 foot right-of-way.
Pathway Court 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 Pathway Court 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, Submit an erosion control plan for construction of the road.
4. The connection of Blackwood Mountain Road Extension with Blackwood
Mountain Road must meet NCDOT standards.
5
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.
OR
Guaranteed financially through a letter of credit, escrow agreement, or bond
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.
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.
D. Parkland
1. Cash in the amount of $1,120.00 [($4,900/acre x 8/35 acre)] shall be paid to
Orange County as payment in lieu of parkland dedication.
E. 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. Protection shall be provided for the existing pump building and tank from the
proposed road.
•
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 all residential lots
contain sufficient area for septic tank disposal and repair.
6
4. The North Carolina Department of Transportation shall certify that Blackwood
Mountain Road Extension has been constructed to State standards or that
construction plans have been approved.
5. A Certificate of Approval signed by the Orange County Planning and
Inspections Department.
Signature of Applicant Clerk to the Board
, 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 FOP r'r`F: "JTINARY PLAN APPROVAL
MAJOR SUBDIVISION 8/93 7
ORANGE COUNTY
DATE:
PLEASE TYPE OR PRINT (INK ONLY) •
SUBDIVISION NAME: DE-61., Rl 2D&E
LOCATION: G# In( f /41A-At-t.- 194' tt 6(e2-Gf tore, Ak N a
OWNER/DEVELOPER: .5 -.JC6 , Lyn) Dl4KLn/svA
ADDRESS: 32 /,t}. kJ A,16- d l TELEPHONE NO.: q/9 7 3 z_ ,5//.0
Mc-t-5 '3o,eo u&r.( Al-(_.
212-78'
AGENT/CONTACT: TELEPHONE NO.:
A. SUMMARY INFORMATION: `c-
Orange County Tax Map 7./q.24Block /q Lot(s) 2,6, 6"Township C//i9-per. /-e/�(_
Zoning District(s): j R. 'R.
Total Number of Acres: !'4, 5 3.4' Phases: /
Total Number of Lots: 6 Average Lot Size: 1,Z-3 (. Minimum Lot Size: I.Do I
Number/Type of Structures: (existing) 0 (proposed) 3
Lineal Feet in Streets: X 1,3 Acres in Open Space: rj', Sig
Water Supply: Public (specify) ✓ Community Individual
Wastewater Disposal: Public (specify) Community S/ Individual
School District: 012/4-)06-F.- Co U,fit r"l Fire District: ./V O.
General Land Uses in Area: /2..e,-5 r IS.�t,}-r)./ 1.—..
Critical Areas: Al/A stream/drainageways ,+1/A flood prone areas
N/.•24 watershed (specify) historic sites
. other (explain)
Is the property to be subdivided currently under "farm use value taxation"? Yes 1/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 ✓ ><:>:`:>:<
�,,. :;:::t,✓:<::: zoning of tract and adjacent. '
> `.'>' name & address of owner(s) ✓ properties
; ;<:>; name & address of subdivider
,' building setback lines by notation
(if other than owner) or typical lot layout
r�i t/ .,. name of surveyor, engineer,
V ; # location and width of existing and
o landscape architect or architect, proposed easements (drainage,
address, registration #and seal utilities, roads
m to"-' «t ` ,�(title} Preliminary Plan existin • etc.)
cn
g, proposed and adjoining
` Wil scale, north arrow rights-of-way including dimensions
N c ✓-,,,k date (including revision dates) and street names and state road
al w �' :• township, tax map-block-lot numbers. Lineal feet of road
0 references centerlines and approximate
:s}:rJ Parent Parcel Identification # acreage of new street rights-of-
a) o C� ,:. deed book and page # of property way
4-) 4-i to be subdivided
a� 3,--? existing and proposed utilities,•
✓'.:'.�i boundary described lth bearings ,
Em W g including type, sizes, hydrants, •
N and distances valves, manholes
U • :•.:• total acreage of the tract and —
:** existing and proposed curbs,
-o acreage of lots, including and gutters and culverts, including
o
CD -o excluding area within rights-of- sizes and grades
CO
c c way
(C (n ;,..:<.,;.,;:,,; . — lag- #��� - location and width of alleys,
d ::<:::: 'control corner sidewalks, bike lanes, transit
systems, and bus stops
(please complete reverse side)
>ir!:>>:; proposed lot lines with dimensions '`' >: typical street cross-sections and
ti./ i:ii:Wi lot & block numbers intersection details including 8
�
i• phasing lines _ design and width of travelway and
:::::::;A:: topography at ten foot (10) shoulders
c intervals ??.; horizontal alignment and general
O +� ;IliWA %; water bodies, streams, floodway ' curve data (public roads)
co and floodplains >:i :? • centerline radius on all proposed
f - stream buffers streets
a) ✓' ` ': location and size of parcels »i} permanent features such as
E •0 dedicated for public use, buildings, cemeteries, historic
a) recreational use or reserved in landmarks
•-i o common, with purpose noted = adjoining lot layout names of
o _ impervious surface data (if located adjoining property owners. If
4-1 4„{ ,,,../ in water supply watershed) subdivided, subdivision plat name,
a) :i> vicinity map showing general plat book & page number, and
a a�i location of subdivision with streets perimeter lot numbers.
UCO and roads identified by State road location and size of lots of
D number and name restricted development potential
a) + "• landscaping and buffer • and notation on plat regarding
L s requirements same
c c, township, corporate and extra- stormwater detention and/or
torriio;i&l planning jurisjiction 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-B-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 Ac-^c••••,.,., 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. r
6. Fee - $050.00 plus $5.00 per lot (1 tee fci pr:::—'---s, And final plat).
7. If the subdivision contains 10 lots or more the following information shall be au... •— ..4+i 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.
• I, the applicant, hereby
j c^cee j/tify that the foregoing application is complete and accurate.
j - t V
•
APP CANT'S SIGNATURE • O ER'S SIGN RE
sick/ ct cf . .3-7/6/9 .-
DATE DATE
• w
FEES: Amount 3�" (� -71
Date Paid s57/ `-� Receipt # I /_.
DEER RIDGE -. ......: .. .. ..._
_....
.. _. .. ..._ .
-A-ppint: SpenCe M. Dickinson
Zone: Rural Buffer . 9
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•
Spence & Lyn Dickinson
Deer Ridge Development • 11
324 W. King St -
Hillsborough, NC 27278
12/23/93
Orange County Planning
Eddie Kirk, Staff
RE: Dickinson land/Deer Ridge Development
To whom it may concern,
I would like to present what I hope is a clear view of Deer Ridge, the land
adjacent to Heartwood development. In this description I would like to
provide you with the differences between the Heartwood development and
Deer Ridge.
The $ lots off the extension of Heartwood Drive and Pathway Court will.be
developed by a different group than the group that developed Heartwood.
The purpose of developing Heartwood as a PUD was to establish the
existence of and the approved functions for the "Creative Learning Center".
Otherwise, as I understand it, Heartwood could have been developed as a
cluster subdivision like Deer Ridge.
The road to the seven lots will be an extension of Heartwood Drive and will
be a cul de sac built to N.C. public road specifications, so it can be taken over
by the state. The remaining lot will be accessed by the private road,
Pathway Court. Pathway Court already has a road maintenance agreement
that includes all the lots served.
•
The water system is a community water system and is operated and
managed under the approval of state guidelines and specifications.
Each house at Heartwood was designed and built by the same architect and
builder. People who buy at Deer Ridge will not be required to do this. The
developers will require approval of each site plan and the design of each
house. John Hartley, the designer and builder of the Heartwood homes, has
offered a free custom design to anyone who chooses him as their builder at
Deer Ridge. This is being done to allow more choice for Deer Ridge residents,
allow for more competitive bidding to occur, and a hope that some people
who couldn't afford to live at Heartwood can afford to live at Deer Ridge.
There will not be a homeowners association at Deer Ridge. Deer Ridge will be
developed as a cluster subdivision with the land around the development 12
developed and maintained as a park with nature trails, The responsibility
for owning and maintaining this land will be given to the non-profit
organization HEARTH Foundation Institute, Family and Community Resource
Center. The homeowners will have perpetual access rights through a lifetime
membership which will run with their lot and through deed restrictions on
the park land, The lifetime membership will be with a division of HEARTH
Institute the Creative Learning Center, which manages the adjacent 25 acres
that HEARTH owns or leases. Through this membership residents will also
be given the right to have specific and limited access rights to use the other
Creative Learning Center facilities that are located this adjacent land.
There may be other questions you have that concern Deer Ridge or HEARTH
and we will gladly be available to answer them.
Thank you for your consideration,
Spence Dickinson
•
•
FINDINGS OF THE ORANGE COUNTY PLANNING AND
INSPECTIONS DEPARTMENT PERTAINING 13
TO DEER RIDGE SUBDIVISION
CRITERIA FINDING
IV-B-10-b Application Criteria
a) The tract is a minimum of 400,000 a) The property is 19.534 acres or
square feet for the AR and RB districts. 850,901 square feet in size, 450,901
200,000 square feet for the R-1 district square feet larger than the minimum
and 80,000 square feet for all other required.
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. connect to the existing community
water system.
c) The total number of lots proposed for c) 19.534 acres gross land area
the tract, excluding parcels of reserved - .675 acre in right-of-way
recreation/open space, is not greater
than the number determined by dividing 18.85 acres net land area
the gross land area, excluding public
road rights-of-way, by the minimum lot 18.85 acres _ 2 acres
size requirements for the zoning district = 9 lots maximum
established in the Orange County 8 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 5.472 acres,
Minimum Recreation Space Ratio) which exceeds the amount required by
and Article 6.12 (Land Use the Zoning Ordinance (0.55 acre) and
Intensity System) of the Orange by the Subdivision Regulations (0.23
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
14
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
recreation purposes shall be mature woodland and steep slopes. It
located so as to serve the needs also serves as a buffer between
of the residents of the residential uses and Duke Forest to the
subdivision and the residents of west. All lots are adjacent to open
the immediate neighborhood space. A nature trail has been
within which the subdivision is proposed to provide access for residents
located. Recreation areas shall to the open space suitable which is for
be located so as to provide passive recreation,
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
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
15
b. Unity. Land dedicated for b. The 5.472 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 area has
for recreational purposes shall frontage on the cul-de-sac of
have at least fifty (50) feet of Blackwood Mountain Road Extension.
frontage on at least one (1)
street within the subdivision.
4. Site Improvements
Private recreation facilities, either The recreation/open space area is suitable
required or provided at the option for passive recreation (walking, bird
of the applicant, shall meet the watching, photography, etc.). It also
standards for improvements: serves as a buffer from the Duke Forest
property. A nature trail is the only site
Park bench, picnic tables, grills and improvement proposed.
trash receptacles.
The applicant is required to make a
One (1) picnic table per 50 payment of $1,120.00 in lieu of public
residents, 50 sq. ft. of land per dedication of recreation/open space which
table. will be used to purchase and/or develop
parkland for use by the subdivision and
In addition to land provided or neighborhood residents.
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
16
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 2.43
as recreation/open space shall be the acres. 5.472 acres of recreation/open
sum of all reductions in minimum lot space 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:
a. Minimum lot area requirements may be a. The minimum residential lot size
reduced by fifty percent (50%) but shall proposed is 1.09 acre, a 49% reduction
be no smaller than 5000 square feet. of the 2-acre lot size required in the
Rural Buffer zoning district.
b. Minimum lot width requirements may b. The minimum lot width required is 130
be reduced by twenty percent (20%), feet. Lot widths may be reduced to
but shall be no less than fifty (50) feet. 104 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. With the exception of lot 8 along the
requirements may be reduced to ten exterior boundary, side and rear
(10) feet except where the rear or side setbacks may be reduced to 10 feet.
lot line forms an exterior boundary of
the cluster development.
5
17
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 curve around a Quartz Rock outcrop,
minimize alteration of the natural site near the ridge top. Houses will be
features to be preserved. located near the road away from steep
slopes and drainageways.
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, the
irreplaceable natural features such as, existing community well, and some
but not limited to, streams, significant slopes.
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 recreation/open space area is close
accessible to pedestrians, including the to the entrance into the subdivision.
handicapped. These areas designed are located on the
more accessible grades in the open
space.
e. The suitability of cluster open space e. The open space preserved will also
intended for scenic value shall be benefit Duke Forest by providing open
determined by its visibility from space serving as a buffer. The amount
adjoining properties and streets and of street and motor vehicle access has
shall seek to lessen the area devoted to been minimized by extending an
motor vehicle access. existing street.
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 near the ridge top and
when such slopes are small and isolated can be designed to fit the existing
and do not otherwise adversely affect slopes.
the design of the development.
6
18
h. At least twenty percent of the gross h. 5.472 acres (28%) is designated as
land area is designated as common open space. 1.15 acres (21% of the
open space. No more than fifty percent common area) is reserved for septic
(50%) of the required common open easements.
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.
DRAFT 10/17/94 PLANNING BOARD MINUTES
19
noted that would be better so near the stream
buffer.
Mr. Horvath wanted to ensure that the turn around
had as little impact on the stream as possible.
Kirk responded that Planning Staff wanted to
ensure that the right-of-way extended to the
property line to allow for future extension of
the road. Reid noted that Mr. Horvath's request
was reasonable and felt no additional wording was
required to address that request. Mr. Horvath
indicated he would continue to work with NCDOT
and address their concern.
MOTION: Reid moved approval as recommended by the
Planning Staff. Seconded by Jobsis.
VOTE: Unanimous.
(5) Deer Ridge
(8 Lots Chapel Hill Township)
Presentation by Eddie Kirk.
The property is located north of the Heartwood
at Blackwood Mountain Planned Development off
Mill House Road (SR 1725) in Chapel Hill
Township. It is zoned Rural Buffer and designated
Rural Buffer in the Land Use Element of the
Comprehensive Plan for Orange County.
The property is wooded with Duke Forest to the
west and Emerson Waldorf school to the east. The
tract is 19.534 acres in size with eight (8) new
residential lots proposed.
Access to seven of the proposed lots will be
provided by extending Blackwood Mountain Road,
which is an existing public road. The other lot
will be served by Pathway Court which is an
existing private right-of-way developed with
Heartwood at Blackwood Mountain. The Heartwood
Development accesses onto Mill House Road. In
1992 a traffic count on Mill House Road indicated
390 trips per day near the intersection with NC
86. Lots range in size from 1.094 acres to 4 .696
acres with 5.472 acres in common land. The lots
will be served by individual septic tanks with a
community water system.
The Concept Plan was approved by the Orange
County Planning Board on April 18, 1994 with the
road being extended from Heartwood Drive and with
the condition that protection shall be provided
20
for the existing pump building and tank from the
proposed road. NCDOT has requested the applicant
to extend the road from Blackwood Mountain Road
instead of Heartwood Drive. A guard rail has also
been proposed to protect the existing pump
building and tank.
The Planning Staff's analysis of how the proposed
subdivision meets the standards of the
Subdivision Regulations is an attachment to these
minutes on pages
Agency comments were received from Emergency
Management, County Attorney, Soil & Water
Conservation, NCDOT and Recreation and Parks.
Applicable comments have been incorporated into
the Resolution of Approval.
The Planning Staff recommends approval of the
Preliminary Plan for Deer Ridge subject to the
conditions contained in the Resolution of
Approval (copy an attachment to these minutes on
pages ) .
Barrows noted that the common land/area was only
thirty feet access and expressed concern that it
was not quality open space. Waddell responded
that he understood that it was an equestrian
path. Reid stated that he understood Barrows'
concern, but, there have been some problems in
Heartwood with what is considered common space
being for Heartwood use only. This open space
would not be controlled by Heartwood Homeowners'
Association and would give direct access for
anyone to Duke Forest.
Reid stated that his knowledge of the situation
is from his position as a board member of the
Hearth Board. As a member of that Board, he would
be abstaining from the vote since there will be
monetary gain for the Hearth Foundation; the
owner of Deer Ridge is the founder of the Hearth
Foundation.
MOTION: Burklin moved approval as recommended by the
Planning Staff. Seconded by Jobsis.
VOTE: 6 in favor.
1 abstained (Reid - for reasons already stated) .
AGENDA ITEM #9: MATTERS HEARD AT PUBLIC HEARING
(5/5/94, 5/23/94, 6/30/94)