HomeMy WebLinkAboutAgenda - 04-20-1993 - VIII-A ORANGE C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date April 20, 1993
Action Agenda
Item # Vni-.A
SUBJECT: WHITFIELD'S GLEN - PRELIMINARY PLAN
ACTION BY: May 6, 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
Staff Evaluation of Private TELEPHONE NUMBERS:
Road Justification Hillsborough - 732-8181
Petition to Abandon Right- Durham - 688-7331
of-Way Mebane - 227-2031
Resolution of BOCC Chapel Hill - 967-9251/968-4501
Historic Property Description
3/15/93 Draft Planning Board
Minutes
PURPOSE: Consideration of the Preliminary Plan for Whitfield's
Glen Subdivision. [This item should be considered only i.
after the Board of Commissioners has acted on the
order closing the right-of-way at the end of Wisteria
Drive. If abandoned, the property will be used to
provide direct access to one of the proposed lots. ]
BACKGROUND: The property is located on the southeast corner of
Whitfield Road (SR 1730) and Sunrise Road (SR 1732) in
Chapel Hill Township. It is zoned Rural Buffer and
designated as Rural Buffer on the Joint Planning Area
Land Use Plan. Adjacent land uses are residential and
a church. No traffic counts are available for Sunrise
Road; the 1986 count for Whitfield Road was 2500 trips
per day.
The total acreage of the tract is 37 .27 acres. Seven
(7 ) lots are proposed which average 5.32 acres in
size. New lots will be served by individual wells and
septic tanks. _
•
There is an existing residence on lot 2 with access to
Whitfield Road. The house was built in 1879 and was
identified as historic during the inventory of
2
historic architecture in Chapel Hill Township in 1992 .
The complex of outbuildings associated with the
residence will be contained within lot 2 . The house
will remain in family ownership when the subdivision
is complete.
Four of the proposed lots will be accessed via a
proposed Class B private road, Duck Pond Trail, with
an entrance on Sunrise Road. Lot 7 will have access
to Oak Hill Road (SR 1835) .
For lot 6, the applicant has requested that the County
Commissioners conduct a public hearing to close the
unbuilt stubout from Wisteria Drive in Birchwood Lake
Estates east of Whitfield's Glen. The owners of
adjacent lots in Birchwood Lake Estates that have
access to the cul de sac on Wisteria Drive have agreed
that the right-of-way will ,be deeded to Mr. Whitfield.
As shown on the Preliminary Plan, the abandoned
stubout would become part of lot 6 and provide access
to Wisteria Drive.
A private road justification for Duck Pond Trail is
included with the attachments as well as the Planning
Staff's evaluation of the justification. The private
road is justified with larger lots, larger setbacks,
and covenants for tree protection.
Orange County Erosion Control has required additional
drainage easements along the outflow from the pond on F'
lot 1 toward Whitfield Road, and along a channel on
lot 7 beginning about 200 feet north of Oak Hill Road
and flowing north to the 60-foot drainage easement.
In the Joint Planning Area Land Use Plan, a proposed
greenway is shown along Sunrise Road and following the
south side Whitfield Road to the east. To be
consistent, the New Hope Creek Corridor Open Space
Master Plan also indicated an unpaved nature trail
along Sunrise Road. The greenway on Sunrise Road is
significant in that it is the only route which
provides a connection across Interstate-40 from the €'
Rural Buffer to Chapel Hill.
Following negotiations with the Recreation and Parks
Department, the applicant agreed to provide more than
the required dedication along Sunrise Road in
substitution for the greenway dedication on Whitfield
Road. During review, the Recreation and Parks Director
determined that a greenway would function better on
the north side of Whitfield instead of the south side.
The Preliminary Plat shows a recreation/open space
dedication 42% larger than the minimum required.
•
On March 15, the Planning Board recommended approval
of the Preliminary Plan according to the Resolution of
Approval.
3
RECOMMENDATION: The Administration recommends approval of the
Preliminary Plan Whitfield's Glen Subdivision with
conditions contained in the attached Resolution of
Approval.
PAr-Lfr-4'43
ggEin
RESOLUTION y
MAY 7
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMIISSIONERS
Date April 20, 1993
Name of Subdivision Whitfield's Glen
Owner/Applicant Mark O'Neal for John Glenn Whitfield
The Board of County Commissioners hbreby approves Whitfield's Glen Subdivision
Preliminary Plat, dated February 16, 1993 and containing 7 lots, 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. 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.
B. Roads and Access
1. Duck Pond Trail shall be constructed to Class B private road standards within
a 50-foot right-of-way.
Duck Pond Trail 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 Duck Pond Trail to Class B private road
standards. An estimate of the construction and certification costs must be
2
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. An erosion control plan for construction of the roads shall be submitted by the
applicant for review and approval by the Orange County Erosion Control
Division.
3. A Private Road Maintenance. Agreement for Duck PondTrail shal:be
submitted to the Planning and Inspections Department and approved by the
County Attorney.
4. 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.
5. Dedicate a 10' by 70' sight triangle at the intersection of.Whitfield.Road and
Sunrise Road.
6. Lots 1, 3, 4 and 5 shall access onto Duck Pond Trail. This restriction shall be
stated in a document describing development restrictions and requirements to
be prepared by Planning Staff and recorded concurrently with the Final Plat.
7. Approved street name signs shall be erected at the intersection of streets as
required in Section IV-B-3-c-12 of the Orange County Subdivision
Regulations. Evidence shall be submitted by the applicant that the sign is in
Y PP g
place or a copy of the receipt for purchase of the sign shall be submitted to the
Planning Department.
8. Prior to Final Plat submittal, the applicant shall pursue abandonment of the
right-of-way at the end of Wisteria Drive according to the requirements set
forth in the N.C. General Statutes Chapter 153A, Section 241. Once
abandoned, the property must be deeded to the adjacent property owners, then
acquired by the owner of Whitfield's Glen and combined with lot 6 as shown
on the Preliminary Plat..
C. Land Use Buffers and Landscaping
1. Landscaping shall be installed or preserved as indicated on the approved t
landscape plan, and must be inspected and approved by the Planning and
Inspections Department.
3
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.
3. A Type A Land Use Buffer shall be provided along the right-of-way of
Whitfield Road (SR 1730).. The,buffer shall be.30 feet in width and provide
sufficient vegetation to meet the standards of Section IV-B-8-e of the
Subdivision Regulations. Said buffer shall be so noted on the plat,.and
described in a document describing development restrictions and requirements
to be prepared by Planning Staff and recorded concurrently with the Final
Plat.
D. Drainage
1. Indicate a 30-foot drainage easement along the drainage flowing to and from
the pond on lot 1. Also provide 30 and 60-foot drainage easements along the
streams on lots 3, 4, 6 and 7. Locate additional drainage easements as
required following review and approval of the Erosion Control Plan.
E. Parkland
1. The applicant shall dedicate to Orange County the 0.34 acre of parkland to be
shown on the Final Plat(s) located adjacent to the right-of-way of Sunrise Road
(SR 1732) shown as lots G-1 and 0-2 on the Preliminary Plat. Said dedication
shall be accompanied by a greenway easement across the right-of-way of Duck
Pond Trail, the private road. The greenway easement varies in width as
shown on the Preliminary Plat.
The approval of this resolution by the Board of Commissioners of Orange
County authorizes and directs the Orange County Manager to accept for
Orange County and on behalf of the public generally the parkland and
greenway easement shown on the Final Plat(s). This acceptance by Orange
County of the dedication of the parkland and greenway easement shall be
without maintenance responsibility.
2. Submit a deed for the dedication described above.
4
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. The pond on lot 1 with associated drainage ways;
b. The house and all outbuildings on lot 2; and
c. The streams on lots 3, 4, 6 and 7.
3. The following easements shall be shown on the plat:
a. The 50-foot right-of-way for Duck Pond Trail;
b. The greenway easement at the entrance of the private road; and
c. Drainage easements listed in D.1.
4. A setback of 100 feet shall be maintained as measured from the edge of
right-of-way of existing roads. The setback from the right-of-way of Duck.
Pond Trail is 40 feet. Side yards shall be a minimum of 40 feet, and rear
yards a minimum of 40 feet. These setback requirements shall be stated on
the plat, and in a document describing development restrictions and
requirements to be prepared by Planning.Staff and recorded concurrently with
the Final Plat.
G. Certifications
1. A Certificate of Survey and Accuracy signed by a registered Land Surveyor
shall be notarized on the face of the Final Plat.
2. A Certificate of Declaration and Maintenance in the form provided in Section
V-D-6-b of the Orange County Subdivision Regulations signed by the
landowner and developer shall be on the face of the plat and included in a
document describing development restrictions to be recorded concurrently with
the Final Plat.
3. The Department of Environmental Health shall certify that each lot contains a
suitable area for septic disposal.
4. A Certificate of Approval signed by the Orange County Planning and
Inspections,Department. .
Signature of Ap icant Cler /o the Board
I, �ai1cl A;G/,i , accept the above listed conditions of subdivision approval,
and acknowledge that each must be met prior to recordation of the final plat.
t2e/n1 id1i17<rr
•
J/4$4 i4 , .ro
APPLICATION Fc) R PRELIMINARY PLA, :APPROVAL
VAL
8
MAJOR SUBDIVISION 2/90
0 RRNGE COUNTY
DATE: 2--)9 )9,3
PLEASE TYPE OR PRINT (INK ONLY)
SUBDIVISION NAME: W 41-1 IL:LDJ 6-,-,1.-t)\-)
•
LOCATION: Xy fit) ` .}V� P-0A't , C-.4-)07'.11-1_, j--)-tl..� l-,eV}?
OWNER/DEVELOPER: Do)--J' Cj, V-II-1ST L l.9
ADDRESS: 41 t, )-rT 1=)51..D 1 J TELEPHONE NO.:
(11--)A.- L 1--)-\U--
AGENT/CONTACT: MAZK CO'N1'F,Qr . TELEPHONE NO.:
gfl3-.d3.SS-
A. SUMMARY INFORMATION: 1 ^�
Orange County Tax Map It Block — Lot(s) 3 Township
Zoning District(s): R z3
Total Number of Acres: 7'Z7 Phases: 1
Total Number of Lots: 7 Average Lot Size: S .32- • Minimum Lot Size: 3. =I
Number/Type of Structures:" (existing) t-SO N.l}i- (proposed)
Lineal Feet in Streets: . 80,0 3 Acres in Open Space: 0 .34
Water Supply: Public (specify) Community Individual
Wastewater Disposal: ' Public (specify) Community Individual
School District: Fire District:
General Land Uses in Area: ti2.-5)1)S-7N\'11R1.-
Critical Areas: stream/drainageways X flood prone areas
watershed (specify) historic sites
other (explain)
Is the property to be subdivided currently under "farm use value taxation"? Yes No_. If "yes", please
contact the Orange County Tax Office. Subdivision of the property may require payment of deferred taxes under
. "farm use value taxation".
B. All plats must be submitted on sheet no smaller than one inch equals two-hundred feet (1"=200') and no larger
than one inch equals twenty feet (1"=20') and must contain the following information:
0 'VAr subdivision name zoning of tract and adjacent properties
v =>:• • name & address of owner(s) ✓ building setback lines by notation or typical Lot
: name & address of subdivider 'ffin layout
ir`.':.>` (if other than owner) ✓ fir%++: Location and width of existing and proposed
`•` :'' name of surveyor, engineer; / easements (drainage, utilities, roads, etc.)
iMM landscape architect or architect, v :_'•''.'• existing, proposed and adjoining rights-of-way
KM address, registration # and seal UM including dimensions and street names and state
N o`� (title) Preliminary Plan road numbers. Lineal feet of road centerlines and
r-{ fd �7"'i
scale, north arrrow approximate acreage of new street rights-of-way
,., _
: date (including A d proposed utilities, including type,
in din revision dates) an r
( r � � n a s existing t ) x ,
9 9 P
Po
Um ✓ ?::,:.:W township, tax map-block-lot .r >; i? sizes, hydrants, valves, manholes•ro .<'>:'::<::< references JYiA existing and proposed,curbs, gutters and culverts,
m -' :wT;>: Parent Parcel Identification // including sizes and grades •
U 4 %."`" ' deed book and page # of property N. location and width of alleys, sidewalks, bike lanes,
- to be subdivided transit systems, and bus stops
(please complete reverse side)
boundary described with bearings v }. i`f> typical street cross-sections and intersection
'`''' '�� and distances details including design and width of travelway and
� ! >`' total acreage of the tract and shoulders
acreage of lots, including and �f/� horizontal alignment and
g general curve data (public
p :`>%: excluding area within rights-of-way "` roads)
w i7.4.4`i control corner ✓ :`: ? centerline radius on all proposed streets
;5;• �?i' proposed lot lines with dimensions /� � ?: permanent features such as buildings, cemeteries,
✓ lot & block numbers historic landmarks
•�� NA , Ph asing lines adjoining lot layout names of adjoining property
u�
4 ? ' topography at ten foot (10) intervals owners. If subdivided, subdivision plat name, plat
~ 0 _`7- water bodies, streams, floodway i
y and book & page number, and perimeter lot numbers.
`� _ floodplains ✓ >; landscaping and buffer requirements
:i'sH?i:i:<iz stream buffers
•-••••.;: 70 �� �:� township, corporate and extra-territorial planning
_✓ :` ?? location and size of parcels dedicated ;i;i; jurisdiction lines which cross the property
E N ':` for public use, recreational use or
0 nfA ; ;.,� :, location and size of lots of restricted development
reserved in common, with purpose noted / `{ potential and notation on plat regarding same
0 T � A impervious surface data (if located in / :.:+:r> stormwater detention and/or retention sites and
_ < `''` water supply watershed) -•••i-•�=•` undisturbed areas for infiltration purposes (if
.> u; ✓ `:'> :' 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.
4/2. 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 fora 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 restrictive
covenants 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).
I, the applicant, hereby certify that the foregoing application is complete and accurate.
or
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ORANGE COUNTY PLANNING DEPARTMENT 1.2
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
c` :2061 It
STAFF EVALUATION OF PRIVATE ROAD JUSTIFICATION
SUBDIVISION: Whitfield's Glen Subdivision - Concept Plan
DATE: January 15, 1993
Revised: March 2, 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
(The applicant proposes to build Duck Pond
Trail to meet the County's private gravel
road standards. This type of construction
would result in less grading and less
vegetation removal .
If the road were built to State standards,
and permanent r esidences built on lots 1,3,4,
and 5, with access restricted to the new
road, Duck Pond Trail would qualify for
State maintenance.)
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 cut de sac less than two-tenths of a mile
in length must provide ingress and_ egress for
at least 4 occupied residences. When lots
13
1,3,4, and 5 are developed, Duck Pond Trail
may be accepted by the State for maintenance
if construction standards are met.)
2 . The subdivision roads extend existing
roads which are public; or
(Duck Pond Trail does not extend an existing
public 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 npt 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 proposed 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
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
1g
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.
(The subdivision is located in the Rural
Buffer. The lot sizes proposed are more than
twice the required minimum lot size.
The building setbacks proposed from existing
and on side and rear lot lines are larger
than the minimum required.)
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.
(Restrictive covenants include tree
protection requirements. Drainage easements
and the lot layout will protect drainage
ways. The 100-foot buffers will help screen
the subdivision.)
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;
(Refer to first Staff evaluation comment.)
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.
(The Preliminary Plat shows a greenway
dedication 42% larger than the minimum
required. The home and- outbuildings on
lot 2 were identified as historic during
15
the inventory of historic architecture of
Chapel Hill Township in 1992 . The home will
not be sold, but will remain in family
ownership.)
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.
(The subdivision is n9t 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 increase grading and impervious
surface as well as eliminate more
trees. Such excessive disturbance at
Whitfield's Glen would have negative
impacts not only on site, but could also
affect Duke Forest and New Hope Creek
which are both downstream and contain
significant natural areas.)
EVALUATION SUMMARY: The subdivision is in the Rural Buffer.
Lot sizes, setbacks, and the recreation dedication are larger
than the minimum required. Restrictive covenants will protect
existing trees and natural areas. The homes will be buffered
P from public roads. The Planning Staff recommends that Duck
Pond Trail be approved as a Class B private road.
16
WISTERIA DRIVE RIGHT-OF-WAY ABANDONMENT
Be it resolved that the property owners listed below wish to petition Orange County to close a
portion of the 60 foot right-of-way designed to extend Wisteria Drive into Mr. John Glenn
Whitfield's adjoining property. Plats recorded at Book 24, page 6 and Book 30, page 33 show
the Phase I lots in Birch Wood Lake Estates off Whitfield Road, The property owners affected
by this change are:
Mr. John Glenn Whitfield
4113 Whitfield Road
Chapel Hill, N.C. 27514
Mr. Lanny Trogdon Book 24 Page 6
114 Wisteria Drive Plat Book 30 Page 33
Chapel Hill, N.C. 27514 Lot 10
Mr. Dennis Clements Plat Book 24 Page 6
119 Wisteria Drive Plat Book 30 Page 33
Chapel Hill, N.C. 27514 Lot 9
The above owners do not support an extension of Wisteria Drive nor see a need for its existence.
They do however support the low density development of Mr. Whitfield's property as approved
on January 25, 1993 on the Whitfield's Glenn Concept Plan. The plan calls for lot 6 in
Whitfield's Glenn to be accessed through the abandoned right-of-way from Wisteria Drive.
The above owner's wish to restrict the disturbed driveway area to a width of 20 feet and that
any resulting landscaping remain in keeping with the natural woods environment. It is the
wishes of the owners that the abandoned right-of-way area be deeded to Mr. Whitfield and
become part of Lot 6 in Whitfield's Glenn.
t
61.41(91P---L.
444.71044-'" )
I
17
NOTICE OF THE ADOPTION BY THE ORANGE COUNTY
BOARD OF COMMISSIONERS OF A RESOLUTION
EXPRESSING THE INTENT OF THE BOARD OF
COMMISSIONERS OF ORANGE COUNTY TO CLOSE
A RIGHT-OF-WAY LOCATED AT THE END OF
WISTERIA DRIVE (SR 1884)
IN BIRCHWOOD LAKE ESTATES SUBDIVISION, PHASE I
RESOLUTION OF THE ORANGE COUNTY
BOARD OF COMMISSIONERS OF INTENT
TO CLOSE A RIGHT-OF-WAY IN
BIRCHWOOD LAKE ESTATES SUBDIVISION, PHASE I
WHEREAS, petitioners Pauline H. Whitfield, John Glenn Whitfield, Lanny Trogdon,
Lynn Trogdon, and Dennis Clements have filed a petition before the Board of County
Commissioners to close a right-of-way identified on the map which is part of Exhibit A to
this Resolution (hereinafter "the abandoned right-of-way"); and
WHEREAS, it appears from the petition that the road in the abandoned right-of-way
has never been constructed; and
WHEREAS, it appears that no individual, firm or corporation owns property in the
vicinity of said right-of-way without a reasonable means of ingress and egress to his, her or
its property;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Orange County that it intends to close the abandoned right-of-way. That prior to a decision
on the closing of the abandoned right-of-way, a public hearing shall be held at the Orange
Water and Sewer Authority headquarters in Carrboro, on,the 20th day of April, 1993 at 7:30
p.m. The Clerk to the Board of County Commissioners is directed to publish this Resolution
in the Chapel Hill Herald and the News of Orange County once a week for four (4)
1
successive weeks before said hearing and that the Clerk shall prominently post a copy of this 18
Resolution in at least two (2) places along the abandoned road as required by N.C. Gen.
Stat. §153A-241.
This the 23rd day of March , 1993.
Commissioner Verla Insko moved the passage of the foregoing resolution
and Commissioner Stephen Halkiotis seconded the motion, and the resolution was
passed by the following vote:
Ayes: Chair Moses Carey, Jr. and Commissioners Alice M. Gordon, Stephen
H. Halkiotis, Verla C. Insko and Don Willhoit
Noes: NONE
NORTH CAROLINA
ORANGE COUNTY
I, Beverly Blythe, Clerk to the Board of Commissioners for the County of Orange,
North Carolina, DO HEREBY CERTIFY that the foregoing is a true and complete copy of
so much of the proceedings of the Board of Commissioners for said County at a meeting held
March 23, 1993 , as relates in any way to the Resolution for a closing a
right-of-way located at the end of Wisteria Drive (SR 1884) in Birchwood Lake Estates
Subdivision, Phase I, as illustrated on Exhibit A to the Resolution hereinabove set forth, and
that the said proceedings are recorded in the Minute Book containing the minutes of said
Board for said date.
WITNESS my hand and the common seal of said County, this the 24th day of
March , 1993.
Bever ,/:lythe, Cl- . to the
[S E A L] Orange County Board of
• / .Commissioners •
2
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
MEMORANDUM
TO: Historic Preservation Commission
FROM: Emily Cameron, ASLA, Planner II FCC
SUBJECT: Subdivision Review of Or 484 , Whitfield Property
DATE: March 2 , 1993
COPIES: Marvin Collins, Planning Director
The Planning and Inspections Department has received an application
for a 7-lot major subdivision which includes one of the historic
properties identified during the inventory of Chapel Hill Township.
Since the property has not yet been designated as an historic
landmark or been included in an historic district, the review and
any subsequent , recommendation by the Historic Preservation
Commission is advisory only. However, reviewing Whitfield's Glen
will be a worthwhile exercise for the Commission, as an
introduction to the Development Review process.
The attachments enclosed are as follows:
1. Vicinity Maps;
2 . Reduced copy of Preliminary Subdivision Plat;
3 . Copies of inventory file by R. Little and K. Lally; and
4 . Copy of Planning Department photo showing view from road.
The property is located on the southeast corner of Whitfield Road
(SR 1730) and Sunrise Road (SR 1732) in the Rural Buffer portion of
Chapel Hill Township. The total acreage of the tract is 37 .27
acres. Seven residential lots are proposed that average 5 . 32 acres
in size. a new private gravel road is proposed to serve four of the
lots. The historic property has an existing driveway on Whitfield
Road.
D
According to the narrative by Kelly Lally, the John Joseph
Whitfield Farm was originally 160 acres in size. In the last twenty
years, subdivisions have been created on both sides of Whitfield
road, leaving the 37-acre tract now being divided. The current
owner, John Glenn Whitfield, is in his eighties and in poor health.
He has a full time care giver at his home, but needs income to pay
the cost of health care. The homeplace and 4 . 31 acres will remain
in family ownership when Mr. Whitfield no longer resides there.
The subdivision will be considered by the Planning Board on March
15th and forwarded to the County Commisioners for action on April
20th. The Planning Staff recommends that all the outbuildings be
20
shown on the Final Plat to insure that the farm complex is
contained within the lot and will have a better chance of
protection in the future.
The Historic Preservation Commission could discuss the subdivision
at the next regular meeting on March 24th. If the Commission
chooses to make a recommendation, it would be sent to the County
Commissioners when they consider the Preliminary Plat on April 20,
1993 .
9
21
OR 484
John Joseph Whitfield Farm -
S. side SR 1731, 0 . 1 mi E. of SR 1732
4113 Whitfield Rd
Chapel Hill vicinity
Orange County/Chapel Hill Township
Chapel Hill Quad
In 1879 John Joseph Whitfield built a two-story frame house
with rear ell on his 160-acre farm. The chimney on the east end
of the house was built in 1888 by a black stone/brick mason named
Gaston Allen from Greensborough. Although remodeled with a two-
story Colonial Revival porch, the main house retains much of its
original late Greek Revival woodwork, including several post and
lintel mantels , two- and four-panel doors, and 6/6 sash windows
with peaked crowns .
Now consisting of 39 acres , the farm is still owned by a
member of the Whitfield family. Surrounding the house are a
number of frame and log outbuildings, among them a log corn crib,
frame well house, board and batten smokehouse, two log chicken
houses, and a a log milk house. A small board and batten
dwelling with an interior brick chimney was built for one of the
Whitfield children next to the main house. The Whitfield family
produced cotton, tobacco , grain, and beef cattle on the farm.
source: Mr. Glenn Whitfield, current owner
a g 4.1',, , 22 .
I l pti ! ,, ,N i'•
County / --4'
`, .
- x„ ,1
NORTH CAROLINA HISTORIC STRUCTURE SHORT DATA SHEET • •)-' • ? i31.'•i
READ and USE the instruction manual to complete this form. Filt it out as completely and consistently as possible. PLEASE NOTE:
not all variables are provided for each `""" •'
p question and reference to the instruction manual will be necessary..In all cases:
, r_Y.■r1 C I i
0 or 00 denotes an undetermined or not applicable response „: f fit.:>9i
9 or 99 denotes a variable other than those provided , :� .;•
OR
SURVEY SITE NUMBER i P ' (To be filled in by S & P Branch unless otherwise specified)
--_1a/1� f , , ,
1. SITE NAME: S?rnf'1 / ) A l J- -t'./(3 -i--- (Y1/.i tr.£q is-ii;;
•
3. ABBREVIATED LOCATION DESCRIPTION OR STREET ADDRESS: `/// 3 L,/ /I i / I'' `- !e/ R ci • .;: ,i.,;,,b
:, ft71:!
4. NEAREST TOWN/COMMUNITY: , ., -,,'•i'`''`
5. COUNTY: 6 J 6. DATE RECORDED IN FIELD: MONTH /r • DAY a 5 : '''YEAR .q ._
7. FIELD RECORDER(S): r l_ 4, //, A 1 Z'. i,lai 'i. !,.i
8. TAX PARCEL # (PROPERTY ID): (optional) - ', ';;q.*;•,,
} I P ! .
10. OWNER NAME: r •� ice; ' ..1) �1 1 rip ( ;:•i.
11. OWNER ADDRESS: �// .� 4)/'I 7/ 't /c�_!•d R(3 il,-1'
'., _)
,, , /
.2 ,( /-71-. I'/ / :1-.61.:'p.i liia
j
i• 141:bii:. _
Telephone: . i,:
•
13. USE: Original Primary: 70 f so 1 Other: '}'•
Present Primary : kV. ( 0 Other: ! -.•!-,,• ,.
Resid: Farm Resid: Non-Farm Farm Bldg School Office Bank General Retai[i'Store Industria
0101 0102 0201 0301 0401 0402 0501'' ; ' 0601-061
Transportation Post Office Church Clubhs/Lodge Museum ' Cemetery Unoccupie
0801-0831 0902 1001 1501 1701 . 1802•, 2001
14. CONDITION: i59. Excellent Good . Fair Deteriorated :l;;a.:Ruin Unexpose
1 2 3 .•a:_.
4 . ; 5 6
•ARCHITECTURAL DATA •.+,``F•,. ,.1 ••
19. EXPRESSION: Exterior 3 Interior High/Academic National/Popular Regional/Vernacular '. ;.d'.,.:
1 2 . .3•,,t$i 7.;,,
I/��Gr :;Yli:ki .
21. GENERAL STYLE GROUPS: Exterior: First t) I Second 1 .3 - Third•:£;: i?',1-- �,,;
Interior: First __ _
Second _ TEiird' =TE`:` ,il,
Geo Geo/Fed Fed Fed/Gk Rev Gk Rev Italianate Goth Rev 19-2.c Trad/Vern:', Queen Anne
01 02 03 04 05 06 07 , ' 09`:'"'h'1'4-i; 111h.
Neoctas Rev Col Rev Misc Vic Standard Com/Indust Beaux-Arts Tudor-Rev:g. : Bungalow Art Deco
. 12 13 15 16 21 22... ,. ;:;:
23.` M4
COON NON-DOME g • ..L TYPES : _ other:
tlnrci�es: "1 ., {'
- AV • , Meeting House Nave Cruciform Auditorium Plan Akron Plan Barns: English
02 03 04 05 06 07
1-Crib 2iCr,. Crib. Transverse Bank Gambrel Schools: 1—Room 2-6-Room Corridor Plan
08 - i-.'' ,;, , 10 11 12 13 14 15 16
•
24. HEIGHT:.i: .5,i . �efa r 1,.V...
1-story ,.1!s ory; Hab Attic 1-1/2-story 2-story 2-story, Hab Attic 2-1/2-story 3-story
• 1 i:' 'i.,• ;i' A L• 2 3 B 4 5
3-story, Hab AttiC't:; ; 3-1/2-story 4 or more, Not skyscraper Skyscraper
C 10;;': 7 8
25, FACADE WIDTH (Main.Block): 3 1-Bay 2-Bay 3-Bay 4-Bay 5-Bay 6 or More Bay
4[1r,.:.0{�, 1 2 3 4 5 6
26. DEPTH: L Room/single Pile 2-Room/Double Pile 3- or More Rooms
:..... 'L Lei . iL i,. .-
27. EXTENSIONS & ADDIJ.IONS:el A B _ Other:
• Rear Shed Rea tell ,` l�Side(s) Front Add'l Stories Orig Strt Incorp w/New Rear Other Front Ell Front Shed
1 2�.�F i 3 4 5 , 6 7 8 A
28. CONSTRUCTION: ' pprlmaryy;:'l Secondary _ _ Other:
log Plankl-'i'i't4 '•Timber Frame Light Nailed Frame Load-Bearing Masonry Steel Frame Reinf Concrete
h..:.,0' D3 05 07 08 09
01 02',`'i,,� ,••
Frame Cnst, Type link' '• Masonry Walls, Type Unk Brick Veneer Over Frame Cnst Boxed
12 ' •'cf'- 13 • 14 15
29.1 NOTCHING TYPE (Log and Plank): Other:
Full Dovetail H' Half Dovetail V Diamond Square Saddle
1 :I iii-' 2 3 4 5 6
30. EXTERIOR WALL MATERIALS Primary .,L Secondary _ _ Other:
'Plain Weatherboardi+�' i`' I Molded/Beaded Weatherboard Brick, Common Bond Brick, Flemish Bond
01 "'1:411.1'","", '.... 02 Q6 07
Brick Veneer ii:, i '• Brick, Stretcher Bond Stucco Board & Batten Stone Veneer
10 . . 11 13 33 36
31. NOTABLE EXTERIOR FEATURES (Non-Domestic Bldgs): _ _ _ _ _ _
'-.Dec-Brrickwork1';0)rig-"Shopfront Iron/Metal Shopfront Orig Signs Carrara Glass Glass/Metal Terra Cotta
•::K.r r.. .,,, 07 08
? f;:; 07 • 'r;c..•�ih5 {r 02 03 04 05
'-.other: ,
32. ROOF CONFIGURATIOPrimary 6'/ Secondary _ _ Other:
-..Gable Sides :;o14.table Front Ped Gable Triple A "X" Gable Parapet Gable High Hip Low Hip
- 01 i..i'°••:-- 02 03 04 05 07 09 10
Pyramidal ' `Gambrel Mansard Shed Flat
14 -0 + .'15 :' 16 17 19
f::i:
CODE AS SECONDARYK ,!;ly Belfry Steeple Cupola/Lantern Belvedere Clock Tower Widow's Walk Tower/Turret.:
:.;.'"' 23 24 25 26 27 28 29..:,
.,.:.;• , • . ! 1,4i FOR STRUCTURES WITHOU i.A4SIGNIFiCAHT PORCH, GO TO #41. •
.'T
34. ,PORCH(ES) STATU :,:'';;A:i B - Original Altered Not Original Reconstruction Removed/Fallen
;;_altA :..q;:°., I' •iej �t,s:e� :j;:;. 1 2 3 5 6
•35. PORCH TYPE: A•; Ail:-6.:B 1%!' :Other:
..(Engaged „j ,;� +Attached •:' Recessed Stoop
1r , a n;:
3 • 4
39. :PORCH FEATURES:,'A ;: B , . ' C _ D __ Other:
$.'.' " ; Turned Posts Sawn Work/Turned Ornament Classical _Flush Sheathing on Facade
�Chamfe'red Posts: ;
'i^il.-: 4 5
.ii;. 1 > ` 2 3
.);;Enclosed End.Bay(s ,,,_ ,••.. Porte Cochere Square Posts Metal Supports Bungaloid Porch stair to 2nd Floor
b ` r� , �T,,: B C
••; k1, 6 :t:;li; •:' ...J; -1 7 8 A
t .�^#lx€.iµ. •1..,• . 'i f_,14 •:� _..i', , .
FOR".STRUCTURES WITHOUT SIGNIFICANT CHIMNEYS, GO TO #46 •
41. CHIMNEY STATUS: A / _ B / Original Partially Rebuilt Replaced Removed/Fallen
1 2 3 4
42. CHIMNEY PLACEMENT: A B ? Other:
Interior Interior End Exterior End Exterior Front Interior Rear Exterior Rear
1 2 4 5 6,.---:-.
_.: . 7
46. WINDOW STATUS: A B __ C __ Original Altered
1 2
47. WINDOW FEATURES: A !L f B __ __ C __ __ Sashes: li/�
Double Hung Casement Sliding Arched Gothic Diamond Queen Anne Stained Palladian
01 02 03 05 06 08 09 10 12 '
French Doors Notable Frame/Trim Notable Shutters/Blinds Other:
13 15 16
51. OUTBUILDINGS AND SUPPORT FEATURES (IF ESPECIALLY NOTABLE, YOU MAY COMPLETE A SEPARATE FORM)
1 2 3 4 5 6 7 8 9 10
Type: — — — — — — — — — — — — — — -- — — — — —
Construction: — — — — — — — — — —
Est Const Date: ,_ — — — — — — — —
Type: Kitchen Slave House Other House Garage Barn Tobacco Barn Smokehouse Dairy Crib
01 02 03 05 07 08 10 11 12
Shed Privy Well. Fence Wall Cemetery Landscape/Plant Material Tenant House
2D 23 24 27 28 33 38 53
Construction: Frame Log Brick Stone Modern Materials Iron/Metal
1 2 3 4 5 7
Estimated Const Date (SEE NO. 52 FOR DATE RANGES) • .
HISTORICAL DATA -
52. DATE OF CONSTRUCTION: Estimated 5- Actual / g 2 Ci '16:-4--. Pre-1780 1781-1800 1801-1825
1 2 3
1826-1865 1866-1885 1886-1915 1916-1930 1931-1945 1946-1970 1971-1999
4 5 6 7 8 9 10 '
54. PERSONS OR EVENTS OF SIGNIFICANCE ASSOCIATED W/THE PROPERTY: (CODE LAST NAME FIRST; SEE #52 FOR DATES)
A. Type: — — Date: — Name/Event: &)A ' /T/e4V) JC)/'7 n �J645-41 7 L
I
B. Type: — — Date: Name/Event:
Type: Trad Builder/Craftsman Architect Contractor Attributed Builder Original Owner
01 02 03 04 05
Significant Later Owner Historically Significant Person Historically Significant Event
06 07 08
ENVIRONMENTAL DATA
59. SETTING.;: Rural, Undisturbed Rural, Built up Small Town Urban, Population Over 12,500
1 2 4
//11
60. QUAD MAP USED: — — — — QUAD NAME: {,,✓I IY .' d
61. UTM DATA (NR only): Zone — Zone: 16 17 1' 8 Northing Easting
1 2 3
NATIONAL REGISTER EVALUATION (c i r c l e): Criteria A B C D Criteria Exception A B C D E F G
63. STATUS: — (Refer to Manual) 4
64. CONTEXT/AREAS OF SIGNIFICANCE: — — — Other:
65. LEVEL OF SIGNIFICANCE: — Local State National
1 2 3
66. FREE COMMENT:
--"--\
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29
receive access from the subdivision road. A 1991
traffic count on Bradshaw Quarry Road indicated
350 trips per day east of Mebane Oaks Road.
The Planning Staff recommends approval of the
Concept Plan for The Village of The Oaks with the
condition that all lots shall receive access from
the interior subdivision road.
MOTION: Reid moved approval as presented by the Planning
Staff. Seconded by Burklin.
VOTE: Unanimous.
b. Preliminary Plans
( 1) Whitfield's Glen
(7 Lots - Chapel Hill Township)
Presentation by Emily Cameron.
Cameron distributed a wording change requested by
the County Attorney in the Resolution of Approval
_Section B - Roads and Access #8 - now reads:
Prior to Final Plat submittal, the applicant
shall pursue abandonment of the right-of-way at
the end of Wisteria Drive according to the
requirements set forth in the N.C. General
Statutes Chapter 153A, Section 241 . Once
abandoned, the property must be deeded to the
adjacent property owners, then acquired by the
owner of Whitfield's Glen and combined with lot 6
as shown on the Preliminary Plat.
The property is located on the southeast corner
of Whitfield Road (SR 1730) and Sunrise Road
(SR 1732 ) in Chapel Hill Township. It is zoned
Rural Buffer and designated as Rural Buffer on
the Joint Planning Area Land Use Plan. Adjacent
land uses are residential and a church. No
traffic counts are available for Sunrise Road;
the 1986 count for Whitfield Road was 2500 trips
per day.
The total acreage of the tract is 37 .27 acres.
Seven (7 ) lots are proposed which average 5 .32
acres in size. New lots will be served by
individual wells and septic tanks. There is an
existing residence on lot 2 with access to
Whitfield Road. The house was built in 1879 and
was identified as historic during the inventory
of historic architecture' in Chapel Hill Township
in 1992 . The complex of outbuildings associated
30
with the residence will be contained within lot
2 . The house will remain in family ownership
when the subdivision is complete.
Four of the proposed lots will be accessed via a
proposed Class B private road, Duck Pond Trail,
with an entrance on Sunrise Road. Lot 7 will
have access to Oak Hill Road (SR 1835) .
For lot 6, the applicant will request that the
County Commissioners conduct a public hearing on
April 20th to close the unbuilt stubout from
Wisteria Drive in Birchwood Lake Estates east of
Whitfield's Glen. The owners of adjacent lots
in Birchwood Lake Estates that have access to the
cul-de-sac on Wisteria Drive have agreed that the
right-of-way will be deeded to Mr. Whitfield. As
shown on the Preliminary Plan, the abandoned
stubout would become part of lot 6 and provide
access to Wisteria Drive.
The private road justification for Duck Pond
Trail and the Planning Staff's evaluation of
_the justification are attachments to these
minutes on pages . The private road
is justified with larger lots, larger setbacks,
and covenants for tree protection.
Orange County Erosion Control has required
additional drainage easements along the outflow
from the pond on lot 1 toward Whitfield Road, and
along a channel on lot 7 beginning about 200 feet
north of Oak Hill Road and flowing north to the
60-foot drainage easement.
In the Joint Planning Area Land Use Plan, a
proposed greenway is shown along Sunrise Road and
following the south side of Whitfield Road to the
east. To be consistent, the New Hope Creek
Corridor Open Space Master Plan also indicated an
unpaved nature trail along Sunrise Road. The
greenway on Sunrise Road is significant in that
it is the only route which provides a connection
across Interstate-40 from the Rural Buffer to
Chapel Hill.
Following negotiations with the Recreation and
Parks Department, the applicant agreed to provide
more than the required dedication along Sunrise
Road in substitution for the greenway dedication
on Whitfield Road. During review, the Recreation
and Parks Director determined that a greenway
would function better on the north side of
Whitfield instead of the south side.
31
The Preliminary Plat shows a recreation/open
space dedication 42% larger than the minimum
required.
The Planning Staff recommends approval of the
Preliminary Plan for Whitfield's Glen Subdivision
with conditions contained in the Resolution of
Approval. (A copy of this resolution is an
attachment to these minutes on pages . )
MOTION: Scott moved approval as recommended by the
Planning Staff. Seconded by Burklin.
Eidenier asked why the Recreation and Parks
Department wanted a greenway strip on the north
side of Whitfield Road. Cameron responded that
it would be a bike/pedestrian trail that is also
a part of the New Hope Corridor Master Plan. She
noted that the greenway is very important since
it is the only connection across I-40 between
Chapel Hill and the Rural Buffer.
Hoecke asked if there is a provision for
continuation of that greenway. Cameron responded
the greenway on Sunrise Road would provide a
connection to the trails into Duke Forest.
VOTE: Unanimous.
AGENDA ITEM #9: MATTERS HEARD AT PUBLIC HEARING (2/22/93)
a. Subdivision Regulations Text Amendment
( 1) Private Road Justification Criteria
Presentation by Mary Willis.
This agenda item is to consider an amendment to
provide for the approval of private roads in
situations which may not have been anticipated
when the current standards were developed, but
for which private road access is deemed
appropriate.
The Orange County Subdivision Regulations presume
that all newly-created lots will be served by
public roads. Private roads may be allowed only
if justified according. to specific criteria set
forth in Section IV-B-d-3-1. The burden of proof
to show that a private road is justified
according to these criteria lies with the
subdivider.
•
The adequacy of the existing private road