Loading...
HomeMy WebLinkAboutAgenda - 11-01-94 - VIII-F 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 1. 1994 Action Agenda Item # {tit'—F SUBJECT: PHASE C BROWER CREEK - 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: Private Road Justification Hillsborough - 732-8181 Staff Evaluation of Private Durham - 688-7331 Road Justification Mebane - 227-2031 Preliminary Plan Chapel Hill - 967-9251 Draft 10/17/94 Planning Board Minutes PURPOSE: To consider the Preliminary Plan for Phase C Brower Creek Subdivision. BACKGROUND: The property is located on the west side of Harmony Church Road (SR 1341) . It is zoned Agricultural Residential with an overlay district of Back-PW, and designated Agricultural Residential and Back Creek Watershed in the Land Use Element of the Comprehensive Plan. Land uses in the area include farming and scattered residential houses. The 1992 traffic count for Harmony Church Road was 150 trips per day. This count was taken close to this property just north of Mill Creek Road (SR 1343) . The tract contains 38.01 acres. Nine (9) new residential lots are proposed. Lots range in size from 1.75 acres to 8.0 acres. The average lot size is 4.2 acres. A tributary of Back Creek flows through the central portion of the property. The larger lots are located in areas that contain the most stream buffer. 2 The applicant is proposing two private roads. Shelly's Trail is proposed to be a Class C private road running along the north boundary through an existing lot and will serve lots 5 and 6. L.J. Lane is a proposed Class B private road and will serve the remainder of the lots (7-13) . The two private roads are designed to prevent crossing the major stream flowing through the property. The applicant has submitted a private road justification for the private roads. The Planning Staff's evaluation of the proposed private road justification is attached. Because the subdivision proposes large lots along the stream, a large stream buffer and protection of existing vegetation, the Staff recommends approval of the private roads. The Planning Board approved the Concept Plan for Phase C Brower Creek with private roads on July 18, 1994 subject to the following condition: 1. Submit restrictive covenants, and private road maintenance agreement documents for review with the Preliminary Plan. On October 17, 1994 the Planning Board recommended approval of the Preliminary Plan for Phase C Brower Creek subject to the conditions contained in the attached Resolution of Approval. The vote was unanimous. RECOMMENDATION: The Administration recommends approval of the Preliminary Plan for Phase C Brower Creek 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 Phase C Brower Creek Owner/Applicant Ann Joyner The Board of County Commissioners hereby approves Phase C Brower Creek subdivision preliminary plat, dated August 22, 1994 and containing 9 lots in Orange County, subject to the fulfillment of requirements specified herein. 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. B. Roads and Access 1. L. J. Lane shall be constructed to Class B private road standards within a 50 foot right-of-way. Shelly's Trail shall be constructed to Class C private road standards within a 50 foot right-of-way. Both roads 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 L. J. Lane to Class B private road standards and Shelly's Trail to Class C private road standards. An estimate of the construction and certification costs must be prepared by a certified/licensed 4 engineer or grading contractor and submitted to the Planning and Inspections Department. The financial guarantee must reflect 110% of that estimate and be issued by an accredited financial institution licensed to do business in North Carolina. The document describing development restrictions to be recorded with the Final Plat shall state that the financial guarantee will not be released until the road construction has been certified by a North Carolina Professional Engineer or a North Carolina Registered Land Surveyor. 2. Submit an erosion control plan for construction of the roads. 3. A Private Road Maintenance Agreement for L. I. Lane and Shelly's Trail shall be submitted to the Planning and Inspections Department and approved by the County Attorney. 4. Sight distance triangles shall be provided at the intersections as required by NCDOT. 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 The applicant shall secure landscape requirement installation and preservation through a letter of credit, escrow agreement, or bond. An estimate of the cost 'for required preservation, plantings and their installation must be provided. The financial guarantee shall reflect 110% of the estimate and be issued by an accredited financial institution licensed to do business in North Carolina. 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. Drainage 1. The 100 year floodplain shall be noted on the face of the Final Plat. 2. Impervious surface data, as pursuant to Article 6.23.3 of the Zoning Ordinance shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 3. A stream buffer shall be provided as indicated on the preliminary plan. 5 E. Parkland 1. Cash in the amount of$719 ($2,799/acre x 9/35 acre) shall be paid to Orange County as payment in lieu of parkland dedication. • F. Miscellaneous 1. The Final Plat shall contain a title block and vicinity map in accordance with Section V-D-2 and V-D-3 of the Orange County Subdivision Regulations. 2. The following natural and man-made site features shall be shown on the plat: (Include streams, rivers, ponds, lakes, swamps, marshes, sites in "Inventory", houses, barns, sheds, railroads, overhead utility lines, cemeteries) a. Streams flowing through the property. 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. 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 FOR PRELIMINARY PLAN APPROVAL MAJOR SUBDIVISION 6 ORANGE COUNTY 8/93 DATE: a 2-2- C6,- PLEASE TYPE OR PRINT (INK ONLY) • SUBDIVISION NAME: • �.,L, P Tr LOCATION: .,! ' O ,,, _ ('F.o.L�1Z Gas-L7Ut_ 7.1.LR• R/DIEVELOPER: .10's ,r • )■ C-• • ADDRESS: CDc\ ULE -.7.11WT _ TELEPHONE NO.:5-(o3-4105 W0SIper► nC-- /CONTACT; .11, 1_].. ...4 S urvty. TELEPHONE NO.;73 2.-a L.(o A. SUMMARY INFORMATION: Orange County Tax Mao 44 . Block" Lotla) -2 5 Zoning Districtis): A/ -�`. Township ! a_, r-•✓`, Total Number of Acres: ilaa 38. of Phases: I Total Number of Lots: 9 ,Average Lot Size: q. 22. Minimum Lot Size: I. 'ZS Number/Type of Structures: (existing) (Proposed) Lineal Feat in Streste: / ` o o' Acres in Open Specs: Water Supply: Public (specify) „ Community Wastewater Disposal: Public (specify) Community `- Individual School District: CovM f Individual General Land Uses in Arm: Fire District: ('e„1c�r G�,,� Aj Critical Areas: k— _cafrifidrainageways cod prone +nee watershed (specify) _ istoric sites other (explain) Is the property to be subdivided currently under 'farm use value texation'7 Yas No_, if 'yea", please contact the Orange County Tax Office. Subdivision of the property may require payment of deferred taxes under farm use value taxation'. • S. All plats must be submitted on sheet no smeller then one inch equals two-hundred feet (1"m2001 and no larger than one inch equals twenty feet (1'-20') and must contain the following'inforrnetion: — subdivision name J r''.:!:'.. name & address of owner(s) �" zoning of tract end adjacent name & address of subdivider properties name other than owner) . building setback lines by notation ,, or typical let layout name of surveyor, engineer. ✓ :,• " location and width of existing and C landscape architect or architect, proposed easements (drainage, address, registration 0 and seal utilities,rLI •s& . (tide) Preliminary Plan existing,roads, etc.) o «R seals, north arrow • existing, proposed and adjoining '. ' date (Including revision dates) and street rights-of-way including w road and street names and state road Vii. • township, tax map-block-lot numbers. Lineal feet of road 44 G --- references Centerlines and approximate t Parent Parcel Identification • acreage of new street rights-of- CU p deed book and page It of property way 4.1 140 to be subdivided existing 0 and proposed utilities, 2.' dary described with bearings , including type, sizes, hydrants, o x w and distances valves, manholes u total acreage of the tract and ail existing and proposed curbs, acreage of lots, including and gutters and culvert,, including excluding area within rights-of- , to Ito sizes and grades V r!! way location and width of alleys, control carrier sidewalks, bike lanes, transit systems, and bus stops (please complete reverse side) .:ir'!." proposed fat brie' with dimensions �`: typical street cross-.actions and s' lot & block numbers intersection details including 7 phasing lines design and width of traveiway and ,., ::::•-•::.,... •- >: topography at ten foot 00) shoulders - intervals ��.�� c horizontal alignment and parsers! O ✓ water bodies, streams, floodway curve data (public roads) N ..../ and floodplains • centerline radius on ell proposed ✓ :J,;:° stream buffers streets location and size of � v � �• parcels �. permanent feature such as E, LI dedicated for public use, buildings, cemeteries, historic V 64 recreational use or reserved in landmarks .* o common, with purpose noted V '��< <:���: adjoining lot layout name. of -c F� M_, impervious surface data (if located adjoining property owner., If •i0,1 61 in water supply watershed) subdivided, subdivision plat harm, co x.. vicinity map showing ,_, ro tY P g general plat book & paps number, and C. al location of subdivision with streets perimeter lot numbers. E rs and roads identified by State road Iiii la. ii ,location and size of lots of U number and name restricted development potential landscaping and buffer • and notation on plat regarding a) co requirements same 8 6 La township, corporate end extra- storrnwetsr detention end/or territorial planning jurisdiction lines retention sites and undisturbed which cross the property areas for infiltration purposes (if looted 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 parcel. involved clearly marked in pencil). 3. Where municipal or OWASA sewer is not available, • copy of the Preliminary Plat indicating Health Department soils analysis approval/denial for each lot shown thereon. 4. Where ■ privets road is proposed • written statement by the applicant or his/her authorized representative which sets forth the justification fora privets road Ise* Section IV-8-3-d-1 of the Orange County Subdivision Regulation.). 5, Auxiliary documents, in draft form, prepared in accordance with Section VI 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 mcta:mint, end articles of incorporation and restrictive covenants perteining to.a homeowner's seeociation. Thane documents may be required as necessary as evidence that the ordinance requirements are being met. O. Fee - *350.00 plus *5.00 per lot (1 faa for preliminary end final plat). 7. If the subdivision contains 10 lots or more the following information shall be submitted with the application: - a. Number of years to buildout. b. Number of houses to be built during each year to buildout. a. Average prise of houses including Iota for aeon year to buildout. I, the applicant, hereby certify going application is complete and accurate. 4004111111r . .,.1,..._.„:)'-- , (1.4 V f-21:7y APPLICANT'S SI c-• re OWNER'S fi13NAT r/ ,,,,e- Zl- 1 • g''a/_ DATE DATE Q 0 FEES: Amount / s Date Paid F-22- 741 Receipt • 07 4/ / '-----N.\<iv, // \ \ ©3 // // Applicant: Ann Joyner . ,., \ a.5 A C. /7 Zoning: AR and Back-PW XPIZAII\\\N // LUP: Agricultural Residential .9757 • // Back Creek Watershed Cg4-D• 76 --ODEI \ Ci CD 0 \\\ • *. .73'54 6271 •\ 8079(27. (4 7 \84 1 r - . ,,, . \\ 1 lir, iv , \\\\,\ \\ tiro 8 \ *;4:. fi)li\ .13°61592x. ,. 0 40 0 . 8569 Z. 4 r a A ' fr.\\ .02 1,130 \\ >4'1••)• '.7.• \ 4 I 4 2 -*.\\ ..,;#1 • • 4 ii>.C,A;)k\ 6145 8197 6.27 i i A• i . A E v 0.. - \\\\- - X. , :" • - -if II Apor A Pr ArrAft) \' is 9 8 \\\ ,;,- 1 - 3010 56\\\\ / 0 ,o .,.. . .2 . \ / 0 10.071AC. .., % 6456 313C' /,' \ \ 3 4, beI*6‘ 6/ 0 \ \\ 0 44 z ,4:1‘ r D 2 , r . \ 1 0 4.02 AC. ‘oC. r -, 0 0 ... /9827 , N. - V.,' ,, \a. 0 • i . n P•ik -%-/0 0 ...--- -....2'",/ ® 2 q237 -• 9 Private Roads Justification • for Brower Creek Subdivision We submit that private roads are justified in the Brower Creek Subdivision because of the specific nature and location of the subdivision. Specifically: 1 ) The subdivision is designed to preserve the rural character of the area through: a) The majority of lots and housesites are away from the public road. Only one of the houses can be seen from the public road (i.e. 8 of the 9 lots in this phase are in the woods far from the public road). b) There are covenants against cutting trees along the lot borders, and setbacks will see that this continues. c) Lots are significantly greater than required (at least twice the one-acre minimum required by the zoning, with the average lot size more than three times the minimum). d) The streambuffer ensures that setback lines from the creek are significantly greater than required. In addition, most of the lots are totally wooded. e) The location of the roads are through the highest portion of the land, with a buffer of trees on both sides. Although Shelly's Trail enters the land beside the stream, Orange County's Erosion Control office preferred this site to crossing the larger creek, and we were happy to comply. Except for this short section, the roads are well away from streams to allow sufficient infiltration of storm water run-off prior to any run-off reaching streams. f) There- are only:.nine lots in this phase of the subdivision, and covenants restrict any further subdivision. g) The density proposed for this subdivision is in line with the proposed regulations developed for this area by the Rural Buffer, (which is considered appropriate to protect the much more densely- populated town of Chapel Hill). Thank you for your consideration and time in t ' atter. Ann Moss Joyner for Brower Creek b. The retention and/or provision of landscaping and use of 12 clustering of dwelling units to screen the view of the subdivision from public roads, maintain a wooded or forested character, maintain scenic views, or preserve wildlife, botanical, historic, archaeological and/or recreation sites; (The site is mostly wooded. Proposed dwelling units will be located away from the public road and screened by existing trees. The roads are located away from the bu,,fer to preserve the wooded area around the creek.) 2. The number, location and/or size of lots to be located in the subdivision are such that, even if constructed to State standards, the streets would not be accepted by the State for maintenance due to density or other State requirements. (Upon buildout, the subdivision will meet NCDOT density requirements for L.J. Lane. NCDOT density requirements would not be met for Shelly's Trail.) 3. Recreation and/or open space areas, including lands containing significant botanical, wildlife, historic and/or archaeological sites, are to be dedicated and/or preserved through restrictive covenants in amounts significantly greater than required by standards for recreation/open space dedication. (There are no recreation/open space areas designated.) 4. Significantly larger than required stream buffers and lot sizes, and/or other design features are proposed as part of a subdivision to be located in a Protected Watershed as designated on the Orange County Comprehensive Plan to reduce the amount of impervious surface and cause infiltration of storm water runoff to prevent the pollution of water supply reservoirs. (There will be a large stream buffer along the perennial streams running through the property. Lot sizes, along the streams, are larger than required which will reduce the amount of impervious surface.) S. Topographic and environmental features, such as streams, steep slopes, or watersheds, that would be adversely affected by the use of roads constructed to State standards because of factors such as significant amounts of earthwork (cut and fill) that would contribute to increased run-off of stormwater and siltation. (Building all the roads to State standards would require grading significantly more area than with the proposed private roads. The stream would be adversely affected by construction of a public road crossing instead of a private road.) 3 6. The site is already developed to 100% of the capacity which could be 13 achieved after approval of the subdivision and some or all of the non- conforming aspects of existing development on the site will be made more conforming as a result of the proposed subdivision, and all conforming aspects of the development will remain conforming. (Not applicable.) 7. There is only one subdivision road proposed. Its length does not exceed 350 feet. It serves no more than five lots. Its grade does not exceed nine percent. The land being subdivided is not connected to or is part of another subdivision required to be served by public roads. In addition, the average lot size within the subdivision is at least 40,000 square feet. (Not applicable.) EVALUATION SUMMARY: The subdivision is located in the Back Creek Watershed and the streams running through the property flows into Back Creek. Although one of the subdivision roads would be taken over by the State if it was built to their standards, the subdivision is located in a rural area of the County designated as Agricultural Residential in the Comprehensive Plan. The subdivision proposes large lots along the stream, and large stream buffers. The private roads would also reduce the impervious surface area in the subdivision. Based on these factors the Staff recommends that the subdivision roads be private and constructed to Class B and C standards. 4 DRAFT 10/17/94 PLANNING BOARD MINUTES 14 corner lots would have to be a use that is consistent with what is allowed by the zoning. A commercial use would not be allowed. She stated that further subdivision would require re-justification of the private roads for the entire subdivision and the applicants have been so notified. Rosemond asked about the arboretum. Dolly Hunter, developer, responded that there are hardwoods and large boulders. Ms. Hunter continued that the intent is to provide a nature trail along the stream of packed dirt and gravel. The Erosion Control Supervisor shall approve the specific location of the trail prior to its construction. Upon construction of the trail, the Erosion Control Officer shall certify that the final construction is in accordance with acceptable erosion control practice and in the approved location. Reid asked about utilities and the trees along the private roads. Ms. Hunter responded that all utilities are to be underground. MOTION: Burklin moved approval as recommended by the Planning Staff. Seconded by Jobsis. Barrows asked about the reference to commercial purposes in the County Attorney's letter and if the Planning Board could request a copy of the covenants. Willis responded yes. She noted that the final covenants must be approved by the County Attorney. Ms. Hunter stated that the reference to local commercial simply means that it would be something beneficial to the community such as a daycare or church. VOTE: Unanimous. (2) Phase C Brower Creek (9 Lots - Cedar Grove Township) Presentation by Eddie Kirk. The property is located on the west side of Harmony Church Road (SR 1341) . It is zoned Agricultural Residential with an overlay district of Back-PW, and designated Agricultural Residential and Back Creek Watershed in the Land Use Element of the Comprehensive Plan. 15 Land uses in the area include farming and scattered residential houses. The 1992 traffic count for Harmony Church Road was 150 trips per day. This count was taken close to this property just north of Mill Creek Road (SR 1343) . The tract contains 38.01 acres. Nine (9) new residential lots are proposed. Lots range in size from 1.75 to 8.0 acres. The average lot size is 4.2 acres. A tributary of Back Creek flows through the central portion of the property. The larger lots are located in areas that contain the most stream buffer. The applicant is proposing two private roads. Shelly's Trail is proposed to be a Class C road running along the north boundary through an existing lot and will serve lots 5 and 6. L.J. Lane is a proposed Class B private road and will serve the remainder of the lots (7-13) . The two private roads are designed to prevent crossing the major stream flowing through the property. The applicant's private road justification and the Planning Staff's evaluation are attachments to these minutes on pages The Planning Board approved the Concept Plan for Phase C Brower Creek with private roads on July 18, 1994 subject to the condition that the applicant submit restrictive covenants, and private road maintenance agreement documents for review with the Preliminary Plan. Agency comments were received from Emergency Management, Environmental Health, Erosion Control, Soil & Water Conservation, Recreation and Parks, and NCDOT. Applicable comments have been incorporated into the Resolution of Approval. The Planning Staff recommends approval of the Preliminary Plan for Phase C Brower Creek subject to the conditions of approval contained in the Resolution of Approval (copy an attachment to these minutes on pages ) . Burklin asked about the buildable area on Lot 12 . Surveyor, Steve Yuhasz, stated that the perc site is along the southern line of subdivision east of L.J. Lane. It is triangle shaped and is just outside the stream buffer. He indicated that the building site would be "tight" . 16 Barrows asked about the access for Lot #6. Yuhasz responded that the building would be off Shelly's Trail. Barrows continued asking about further subdivision. Yuhasz responded that further subdivision could not occur because the remainder of the lot does not perc. MOTION: Barrows moved approval as recommended by the Planning Staff. Seconded by Reid. VOTE: Unanimous. (3) Wagon Farm Trails - Phases I-IV (39 Lots - Cheeks Township) Presentation by Eddie Kirk. The property is located in Cheeks Township on the north side of High Rock Road (SR 1340) . The tract size is fifty-five (55) acres with thirty nine (39) lots proposed. Lot sizes are all approximately one acre in size except for one lot that is one and a half ( 1.5) acres and one lot that is 4.0 acres. The property is zoned R-1 and PW-II. It is designated Rural Residential and Protected Watershed in the Comprehensive Plan. Public roads are proposed to serve the subdivision with stubouts proposed to the north and east of the property. The entrance to the subdivision is on Poplar Drive which is a platted right-of-way that has never been constructed. All lots would receive access from the subdivision roads except possibly lot one which has minimal frontage on Poplar Drive. A 1992 traffic count on High Rock Road indicated 170 trips per day. The subdivision will be serve by individual wells and septic tanks. The Planning Board approved the Concept Plan with public roads constructed to State standards on November 15, 1993. Agency comments were received from Emergency Management, Environmental Health, Soil & Water Conservation, Recreation and Parks and NCDOT. Applicant comments have been incorporated into the Resolution of Approval. The Planning Staff recommends approval of the Preliminary Plan for Wagon Farm Trails Phases I, II, III and IV subject to the conditions