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
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DATE DATE
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-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