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HomeMy WebLinkAboutAgenda - 02-16-1993 - III-D 1 ORANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date February 16, 1993 Action Agenda Item # SUBJECT: JAMES R. BOLDIN SUBDIVISION - PRELIMINARY PLAN ACTION BY: April 2 , 1993 DEPARTMENT: PLANNING PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Emily Cameron Resolution of Approval Extension 2580 Application Vicinity Map Preliminary Plan Private Road Justification TELEPHONE NUMBERS: Staff Evaluation Hillsborough - 732-8181 1/25/93 Draft Planning Board Durham - 688-7331 Minutes Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: Consideration of a Preliminary Plan for the James R. Boldin Subdivision. BACKGROUND: The property is located in Bingham Township on the south side of Old Greensboro Highway (SR 1005) between Wildcat Creek Road (SR 1953 ) and White Cross Road (SR 1951) . It is zoned Agricultural Residential. Adjacent land uses are residential. A minor subdivision was approved in October 1991 which created four 1 .85-acre lots and the Class B private road, with 13.02 acres remaining. The proposed division of the 13-acre tract is a major subdivision due to the fact that the previous subdivision was recorded less than twenty-four months ago. Four (4 ) new residential lots are proposed which average 3 . 25 acres in size. Lots 1 and 3 do not have approved areas for sewage disposal and will be restricted for development. Lot 2 will be served by an individual well and septic tank. The new Lot 4 has an existing residence on it. 2 The applicant proposes to extend Willie Boldin Road as _ a Class B private road to serve the proposed lots. The private road justification and the Staff's evaluation are attached. The private road is justified with larger lots and larger building setbacks. The Preliminary Plan for the James R. Boldin Subdivision was reviewed by the Planning Board on January 25, 1993 . They voted to recommend approval with a private road according to the Resolution. RECOMMENDATION: The Administration recommends approval of the Preliminary Plan for the James R. Boldin Subdivision with a Class B private road and subject to the conditions included in the Resolution of Approval. Mc 2? 5 3 RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMNIISSIONERS Date February 16. 1993 Name of Subdivision James R. Boldin Subdivision Owner/Applicant James R. Boldin The Board of County Commissioners hereby approves the James R. Boldin subdivision preliminary plat, dated November 13, 1992, revised December 9, 1992 and containing 4 lots, subject to the fulfillment of requirements specified herein. Before the Final Plat of any phase of the James R. Boldin Subdivision can be recorded: A. Sewage Disposal 1. Lots 2 and 4 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. Lots 1 and 3 are of restricted development potential because no site has been identified to accommodate a septic tank. The restricted lots 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. The extension of Willie Boldin Road shall be constructed to Class B private road standards within a 60-foot right-of-way. Willie Boldin 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 platted private road right-of-way shall also be certified. d_ OR A letter of credit, escrow agreement, or bond shall be submitted to secure construction-and inspection of Willie Boldin 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. 2. The Private Road Maintenance Agreement for Willie Boldin Road shall be approved by the County Attorney. 3. A provision that there be no further subdivision of any lot created by this subdivision shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 4. Lots 1, 2, and 3 shall access onto Willie Boldin Road. 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. 5. An approved street name sign 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. D. Drainage 1. Indicate a 30-foot drainage easement along the eastern boundary of Lot 1. 3 E. Parkland 1. Cash in the amount of $100.00 ($3,519/acre x 1/35 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 easement shall be shown on the plat: a. 30-foot drainage easement on lot 1. 3. On lots 1, 2, and 3, a setback of 50 feet shall be maintained as measured from the edge of right-of-way of Willie Boldin Road. Side yards shall be a minimum of 30 feet. On lot 4 the front setback is 40 feet, side setbacks 20 feet. A setback of 50 feet shall be maintained from the exterior boundaries of the subdivision. 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 lots 2 and 4 contain suitable areas for septic disposal. 4. A Certificate of Approval signed by the Orange County Planning and Inspections Department. de ,/ Signature of Applicant C1-/ to the Board I, ' ._ froraccept the above listed conditions of subdivision approval,x. ane acknowledge that each must be met prior to recordation of the final plat. - ' APPLICATION FOP, PRELIMINARY PLAN PPRO AL MMJOR SUBDIVISION 2/90 7 ORANGE COUNTY p,17l r'r'WPR!in ,nu; t --14-.9 ;; vJ - - - DATE: 1, ) PLEASE TYPE OR PRINT ((INK ONLY) SUBDIVISION NAME: 7)4 (11? 'i>t, L41 , ` , ! LOCATION: t 6 it IL ■ i^ )& I ' 1 F .0 a. OWNER/DEVELOPER: hV'at�...r V■► ' _� •" _ ,., _ i it. ADDRESS: a'�! il[�g J.- _ • Z _ TELEPHONE NO.: P/r 5 '� it a kz.b) . Y,1 Allinii1111611111Nt , .1 AGENT/CONTACT: TELEPHONE NO.: A. SUMMARY INFORMATION: .1 1,. a Orange County Tax Maps r0 '.Block Lot(s) 4 '' Township t ru y til Zoning Districttls•): " �� `J Total Number of •A•crest, 17:;;,1) 2. Phases: Total Number of lots: - Average Lot ize: Minimum Lot Size: Number/Type of Structures: (existing) I PEtilk' (proposed) Yl) r' A 6 :...e Ri Lineal Feet in Street] ' 1)6 4C ►'iq Acres in Open Space: — 4-- Water Supply: 11)1t. Public (specify) Community 1f Individual Wastewater Disposal:, —"W �S Public (specify) Community . .k y Individual School District:, 4+; : t i,_ �/6 All Fire District: ,k)hi'- e-li General Land Uses,in Area: lffl 11.IQ L46 A)11d. • l'01,0‘.044_ Critical Areas: lUl# stream/drainageways flood d prone areas l 1A1 A watershed (specify) historic sites other (explain) / Is the property to'be subdivided currently under "farm use value taxation"? Yes_ No Y . 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: 0 V!&:1 subdivision name ' .' -* zoning of tract and adjacent properties J/ name & address of owner(s)'.:' — -:. building setback lines by notation or typical lot a _ W4 name & address of subdivider -` M layout U (if other than owner) �'' : location and width of existing and proposed E w name of surveyor, engineer, easements (drainage, utilities, roads, etc.) ,� ? '`: landscape architect or architect, � ''/ existing, proposed and adjoining rights-of-way ,'C s-i address, registration # and seal including dimensions and street names and state _ :} :' (title) Preliminary Plan road numbers. Lineal feet of road centerlines and scale, north arrrow "• approximate acreage of new street rights-of-way 0 : date (including revision dates) vie A existing and proposed utilities, including type, O m )/ It::: township, tax map-block-lot ''''=' sizes, hydrants, valves, manholes U ro "`` references existing and proposed curbs, gutters and culverts, 0 ro _ T. ?:F Parent parcel Identification # k including sizes and grades U deed book and page # of property — i t °location and width of alleys, sidewalks, bike lanes, •to be subdivided transit systems, and bus stops (please complete reverse side) ?'V'a := boundary described bearings typical stree -oss-sections and intersection 8 '"' and distances details including design and width of travelway and total acreage of the tract and . shoulders i' acreage of lots;`tncluding and horizontal alignment and general curve data (public `': excluding-area within rights-of-way _ < roads) to — ;,:: control corner centerline radius on all proposed streets i ?✓ `: proposed lot lines with dimensions 1„/":...::::....-...::::*'°"' permanent features such as buildings, cemeteries, lot & block numbers :<: historic landmarks E N cv phasing lines gik adjoining lot layout names of adjoining property i t topography at ten foot (10) intervals ': owners. If subdivided, subdivision plat name, plat water bodies, streams, floodway and :; book & page number, and perimeter lot numbers. C. k floodplains landscaping and buffer requirements U y stream buffers township, corporate and extra-territorial planning location and size of parcels dedicated jurisdiction lines which cross the property U for public use recreational use or Location and size of lots of restricted development z: reserved in common with U m : ' purpose noted A:".,.z:.;. potential and notation on plat regarding same UT >; impervious surface data (if located in k stormwater detention and/or retention sites and 0 m ? >:?: water supply Watershed) >' undisturbed areas for -infiltration purposes (if L. vicinity map showing general location located in water supply watershed) """' " of subdivision with streets and roads identified by State road number and name C. OTHER SUBMITTAL REQUIREMENTS 1. Twenty-five (25) copies of the preliminary plat. 7K2. One full size copy of an Orange County Tax map (with tax parcels involved clearly marked in pencil). X3. 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. • (A. 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 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 agreement, and articles of incorporation and_restricrivp _Loyerlanzs pertaining to a homeowner's association. These documents may be required as necessary as evidence that the ordinance requirements are being met. 6. Fee - $350.00 plus $5.00 per lot (1 fee for preliminary and final plat). 7 N eoi% D E pi- , 4 pp,- ti-et-C. , 1, the applicant, hereby certify that the foregoing application is complete and accurate. 42./).-(..-P4- /`1/ , /. / 1 % Ara / I CANT'S SIGNATURE /0 NER'S SIGNATURE /,;g ^ //74- 9,9°, /q .. /44 - 9r` DATE DATE FEES: Amount 37 0■ 0 0 Date Paid / — ( 4-S•2 Receipt # 0 4--S ., 5 6 pfrr „,,) .7,) ' \ ._.., ........,....,_ -7... ,,,i E IC . F3c.JPIA1 SO ES t:"WISI 04) 'A) --)1 _ Ati5 zokt im 4: AqeicuL_Turz_AL c.eslpEA.ITIAL iff,LI cA mr: .34.1-1Es C. 80L-PIA1 \ r - 9738-7-1 9748 . al, i // / ----____ - 1 8 / / 0 ic / ,t •. • ■/ ,..0 . " 0 , / = 641.0r2 4-,,/ / • 8 0 80 '7 .4. 2F ,/ ' 0:Ac. 2 135tc,• , e ,/,, , •, , .-7 ..., SEE 35..35 • 7)/ r 7 09 47 P/0 55.6 0 AC, t".'1$/ // ...V ts g - \ '''' 5.81 AC. -: / , , 1/4-,// A 0. ' •,. Ct7 '‘ 'S. // 863 I 0 6' ' . - - - ..... 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Appii'ma R/5 A--4" 1-15 W":1 R.bal bMJ RItAituJ-. by. bRiot5g dVôr ) gS1A1141-i6r\ l1 I, hE •11 kkcyaci.. .„ L )--.Pokc)Z,K blAactil ttlortc_rt 141 t).E. PRIVCci-Ed. b _ *I;La,0 bru 14. 4-1Na A-yv ,oci.4-6k9 . _ _73.1444_69_dbL-bAcks_. 4-411E - 1).0314-1 No+ 16.6;bi,5. -rem. `Lhe public . ,E)(15' ir■J5 tR,U . VILt -17}11R. 'hlIZ'Pt /2 PIATI)6 'r'bk Rbetcl Ots's -fw,c1A-P.c['s cc I-q' -93 ORANGE COUNTY PLANNING DEPARTMENT 11 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 to*" •/... 4A( 404 STAFF EVALUATION OF PRIVATE ROAD JUSTIFICATION SUBDIVISION: Boldin Estate Subdivision - Concept Plan DATE: September 9, 1992 Revised January 15, 1993 The standards contained in the Subdivision Regulations pertaining to public and private roads are listed below as amended 10/16/90 (effective 12/3/90) . The Planning Staff comment regarding each is provided in italics. IV-B-3-d-1. Roads - Public roads are generally required in all subdivisions and will be required where it is found that: 1. The subdivision roads would be accepted by the State for maintenance if: a. They are built in a manner which satis- fies the minimum State design and construction criteria for subdivision roads; and (If the road were built according to State construction standards, it would not be accepted for maintenance until four permanent residences were built and occupied on the lots which access Willie Boldin Road.) b. They would satisfy other requirements for addition to the State maintenance system, including, but not limited to, the general density standard of at least two occupied residences for each one-tenth of a mile of subdivision road; or (A cul-de-sac two tenths of a mile long must provide ingress and egress for at least four (4) occupied residences in order to meet the State 's density requirement. The existing lots on Willie Boldin Road, including the proposed lot 4, have existing residences on them which currently get access from driveways other than the private road. 1.2 All of these lots are included in a previously recorded Road Maintenance Agreement. Two of the proposed lots are restricted for development, so they will not contribute to meeting State density requirements. In order for Willie Boldin Road to be eligible for State maintenance, one or more of the existing mobile homes must be replaced with a permanent residence, provided a "stick built" home is constructed on the one new developable lot. In addition the existing houses must change their access to Willie Boldin Road, so that a minimum of four permanent residences would access the road.) 2 . The subdivision roads extend existing roads which are public; or (Willie Boldin Road extends an existing private road.) 3 . The subdivision roads are part of a development which is located in an area designated as Urban or Transition on the Orange County Comprehensive Plan; or (The subdivision is not located in a designated Transition Area.) 4. A proposed road is designated as an arterial or collector on an approved Thoroughfare Plan for a municipality or in the Orange County Comprehensive Plan; or (The road is neither an arterial nor a collector.) 5 . The subdivision roads are part of a non- residential development consisting of office, retail, industrial, and similar. businesses, each located on a separate lot. This provision shall only apply to that portion of a subdivision being developed for non-residential purposes. (Not applicable.) However, private roads may be allowed in a subdivision where, in the judgment of the Planning Board and with the approval of the Board of County Commissioners, it is found 13 that the nature and location of the subdivi- sion with respect to other development and the Comprehensive Plan are such that a private road is justified. In determining whether to permit private roads in subdivisions, the following design features will be considered: 1. The location and design of the subdivision is such that it clearly preserves the rural character of the County through: a. The provision of lot sizes and building setback lines significantly greater than required by ordinance provisions. Compliance with this standard is assured in University Lake Watershed where a subdivision is required to provide a minimum lot size of five acres. Where the minimum required lot size is less than five acres, compliance is assured when each lot in the subdivision contains at least twice the minimum required lot size; and/or (The lot sizes proposed are all considerably more than twice the minimum lot size of 0 .92 acre. Due to limited soils, only one of the proposed lots can have a new residence on it, so density will remain even lower than shown on the plat. The applicant has proposed building setbacks that are 25% larger in the front, 50% larger on the sides, and 150% larger in the rear than the minimum required. The proposed lot 4 has an existing residence on it, so the rear setback was increased to 50 feet.) b. The retention and/or provision of landscaping and use of clustering of dwelling units to screen the view of the subdivision from public roads and/or maintain a wooded or forested character, maintain scenic views, or preserve wildlife, botanical, historic, archaeological and/or recreation sites. (The site is mostly wooded. The proposed lots will not be visible from the Old Greensboro Highway. Existing trees will be protected.) 14 2. The number, location and/or size of lots to be located in the subdivision are such that, even if constructed to State stan- dards, the streets would not be accepted by the State for maintenance due to density or other State requirements; (A minimum of four lots is required for a cul de sac to be accepted by the State for maintenance. Provided permanent residences are constructed and occupied on at least four lots that access the road, it would be eligible for State maintenance. Refer to the Staff response regarding density requirements on pages 1 and 2 .) 3 . Recreation and/or open space areas, includ- ing 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. (Recreation/open space dedication is not required. No common open space is proposed.) 4. Significantly larger than required stream buffers and lot sizes, and/or other design features are proposed as part of a subdi- vision to be located in a Protected Water- shed 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. (This subdivision is not located in a protected watershed.) 5. 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 runoff of stormwater and siltation. (Building the road to State standards would require grading more area than with 15 the proposed private road.) EVALUATION SUMMARY: The lot sizes and building setbacks are larger than the -minimum required. If the road were built to State construction standards, it may be difficult for the subdivision to meet the State's density requirements due to existing- development patterns and limited soils for new development. The subdivision will not be visible from Old Greensboro Highway. The Planning Staff recommends that Willie Boldin Road remain as a Class B private road. 0 l o Q 16 VOTE : Unanimous . (2 ) James R. Boldin Presentation by Emily Cameron. The property is located in Bingham Township on the south side of Old Greensboro Highway (SR 1005 ) between Wildcat Creek Road (SR 1953 ) and White Cross Road (SR 1951 ) . It is zoned Agricultural Residential. Adjacent land uses are residential. A minor subdivision was approved in October 1991 which created four 1 . 85-acre lots and the Class B private road, with 13 . 02 acres remaining. The proposed division of the 13-acre tract is a major subdivision due to the fact that the previous subdivision was recorded less than twenty-four months ago. Four (4 ) new residential lots are proposed which average 3 .25 acres in size. Lots 1 and 3 do not have approved areas for sewage disposal and will be restricted for development. Lot 2 will be served by an individual well and septic tank. The new Lot 4 has an existing residence on it. The applicant proposes to extend Willie Boldin Road as a Class B private road to serve the proposed lots. The private road justification and the Staff 's evaluation are attachments to these minutes on pages . The private road is justified with larger lots and larger building setbacks . The Concept Plan for the Boldin Subdivision was reviewed by the Planning Board on September 21, 1992 . The Planning Staff recommends approval of the Preliminary Plan for the James R. Boldin Subdivision with a Class B private road and subject to the conditions included in the Resolution of Approval (a copy an attachment to these minutes on pages ) . Waddell asked what could be done on lots 1 & 3 . Cameron responded that there could be gardening and/or a shed for storing tools . There was a ball field on a portion of lot #3 at one time . She continued that there is the potential for obtaining an easement in the future from lands to the south. rn < 17 !!!� LLi L U U MOTION: Waddell moved approval as recommended by the Planning Staff . Seconded by Gray. VOTE: Unanimous . AGENDA ITEM #11 : MATTERS HEARD AT PUBLIC HEARING (11/23/92) a. Proposed Rural Character Strategies Presentation by David Stancil. On November 12 , 1992 , the RCSC agreed upon a set of recommendations and agreed to take the package to public hearing for comment and feedback. A Citizen Information Session was held on November 17 to preview the presentation and answer questions from the public . Sixteen persons attended this session. The recommendations were then presented at public hearing on November 23 , 1992 . Twenty-nine (29 ) citizens provided comment on the recommendations, and five other persons submitted written comment. Twenty-two (22 ) of the speakers expressed opposition to the proposed University Station project/Option 6 of the committee 's recommendations. The Committee 's recommendations are included in the "Conceptual Guidelines for Rural Orange" which was distributed as part of the November 23 agenda. A summary sheet of recommendations is also provided. (These items are on file in the Planning Department. ) In the package, the Committee recommends two broad administrative actions to implement their findings . 1 . The Committee recommends the creation of a Rural Character Element of the Comprehensive Plan, as allowed under Section 2 of the Zoning Ordinance. This element would contain the Committee 's findings, goals and action strategies and incorporate them into County policy. 2 . The Committee recommends a series of development options that serve as a catalyst for the Committee 's program, representing ways to encourage rural character protection through flexibility and environmentally- sensitive design. The Committee recommends that these development options be incorporated into the County Zoning Ordinance