HomeMy WebLinkAboutAgenda - 06-07-1993 - III-F 1
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 7, 1993
Action Agenda
Item # izr-F
SUBJECT: WHITE CROSS - PRELIMINARY PLAN
DEPARTMENT: PLANNING PUBLIC HEARING Yes x No
ATTACHMENT(S) : INFORMATION CONTACT: Mary Willis
Extension 2583
Revised Resolution of Approval
Vicinity Map TELEPHONE NUMBERS:
Applicant's Letter Hillsborough - 732-8181
5/17/93 Planning Board Minutes (Draft) Durham - 688-7331
Mebane - 227-2031
Chapel Hill -. 967-9251
PURPOSE: To consider a revision to the Preliminary Plat for White
Cross Subdivision.
BACKGROUND: The property is located in Bingham Township on the north
side of NC Highway 54, across from the intersection of
White Cross Road (SR 1952) . The total acreage of the
tract is 8.44 acres. On September 8, 1992, a Preliminary
Plan was approved by the Board of Commissioners. The
subdivision contained five lots. Seven residences
currently exist on the property. The purpose of the
subdivision was to create individual lots for four of the
residences so that they could be sold. No additional
residences can be built on the property.
Access is provided by an existing gravel road (Everett
Lane) which currently approximates Class B standards. Due
to the location, lot sizes, and other characteristics of
the subdivision, Everett Lane was required to be upgraded
to public road standards. Maintaining Everett Lane as a
private road was not approved because it did not comply
with the private road justification criteria in effect at
the time of Preliminary Plat approval.
On May 3 , 1993 the Board of Commissioners approved an
amendment to the Subdivision Regulations which expanded
the private road justification criteria. A criterion was
added which allows approval of a private road in cases
where the property being subdivided is already built out
to 100% of its capacity. The White Cross subdivision
satisfies this requirement because all of the lots being
created already contain at least one residence.
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The applicant has requested that the subdivision be
amended to allow Everett Drive to remain a private road.
There are no other changes proposed to the approved
preliminary plan.
The Planning Board considered the proposed revision on May
17, 1993 and recommended approval.
RECOMMENDATION: The Administration recommends that the Preliminary Plan
for White Cross Subdivision be amended to require that
Everett Lane be constructed to Class B private road
standards, per the attached Resolution of Approval.
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REVISED
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMIVIISSIONERS
Date June 7. 1993
Name of Subdivision White Cross School
Owner/Applicant White Cross Partnership/Tom Whisnant
The Board of County Commissioners hereby approves a revision to the White Cross School
subdivision preliminary plat and recombination, dated June 23, 1992 and containing 5 lots,
subject to the fulfillment of requirements specified herein. The original preliminary plat was
approved by the Board of County Commissioners on September 8. 1992.
.. . . . •- _ , - .:. •: . - - _-, 0-_- . __ . .., --
- - -- _ -
A. Sewage Disposal
1. Each lot used for residential purposes 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. A septic easement shall be provided for the residential portion of lot 1 (by lot
1B) as indicated on the Preliminary Plat. The easements and their conditions
shall be contained in the development restrictive covenants or other documents.
A reference to the restrictive covenants shall be included in a document
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describing development restrictions to be recorded concurrently with the Final
Plat. The non-residential portion of lot 1 shall not have access to the sewage
disposal easement.
4. No part of a sewage disposal system is allowed within the 100-foot buffer
around the community well.
5. Indicate water line easements and access easements for installation, monitoring
and repair of the community well.
B. Roads and Access
1.
e ... - - . .. .. . -, • -• . . .. . ,
1. Everett Lane shall be constructed to Class B private road standards within a 50
foot right-of-way.
Old Stone 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 rights-of-way shall also be certified.
OR
A letter of credit, escrow agreement, or bond shall be submitted to secure
construction of Everett Lane to -- ... . .. . - - - . : :-:
Class B private road standards. An estimate of
the construction cost must be prepared by a certified/licensed engineer or
grading contractor and submitted to the Planning and Inspections Department.
The financial guarantee must reflect 110% of that estimate and be issued by an
accredited financial institution licensed to do business in North Carolina.
The document describing development restrictions to be recorded with the
Final Plat shall state that the financial guarantee will not be released until the
road construction has been '- .= -. .. . . : . _: e certified by a
North Carolina Professional Engineer or a North Carolina Registered Land
Surveyor.
2. A 30-foot access easement shall be provided for lot 2 as shown on the
Preliminary Plat.
3. 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.
4. A 10' by 70' sight triangle shall be shown at the entrance of the subdivision.
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5. Lots 1, 1A, 1B, 1C, 1D, and 2 shall access onto Everett Lane. All lots shall
access onto the new subdivision roads. 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.
6. 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
place or a copy of the receipt for purchase of the sign shall be submitted to the
Planning Department.
7. A provision that further subdivision of any of the lots may require that the
road be upgraded to a higher private road classification, or to public standards,
and that the cost of the upgrade will be the responsibility of the subdivider.
This shall be included in a document describing development restrictions and
requirements to be prepared by Planning Staff and recorded concurrently with
the Final Plat.
C. Land Use Buffers and Landscaping
1. On the landscape plan, indicate proposed trees necessary to meet the
requirements of Section IV-B-8 of the Subdivision Regulations. Landscaping
shall be installed or preserved as indicated on the approved landscape plan,
and must be inspected and approved by the Planning and Inspections
Department.
OR
The applicant shall secure landscape requirement installation and preservation
through a letter of credit, escrow agreement, or bond. An estimate of the cost
for required preservation, plantings and their installation must be provided.
The financial guarantee shall reflect 110% of the estimate and be issued by an
accredited financial institution licensed to do business in North Carolina.
2. Provisions for protection of existing trees as shown on the approved landscape
plan shall be included in a document describing development restrictions and
requirements to be prepared by Planning Staff and recorded concurrently with
the Final Plat.
3. A Type E Land Use Buffer shall be provided in the following locations:
a. On lot 1A,
1) adjacent to the right-of-way of NC Highway 54, and
2) adjacent to the LC-1 district along the eastern lot line; and
b. On lot 1,
1) along both sides of the line between the NC-2 and R-1 districts,
and
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2) adjacent to the western lot line.
The buffer shall be 75 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.
4. No structures or septic systems are allowed within the 100-foot buffer around
the community well. Said buffer shall be shown on the Final Plat.
D. Parkland
1. Cash in the amount of $876.00 (5/35 acre x $6,132/acre) shall be paid to
Orange County as payment in lieu of parkland dedication.
E. Miscellaneous
1. The Final Plat shall contain a title block and vicinity map in accordance with
Section V-D-2 and V-D-3 of the Orange County Subdivision Regulations.
2. The following natural and man-made site features shall be shown on the plat:
a. community well, and
b. existing structures
3. The following easements shall be shown on the plat:
a. sewage disposal easement on lot 1B,
b. 30' access easement to lot 2,
c. water line easements from community well, and
d. access easement to maintain community well.
4. On the residential lots, a setback of 40 feet shall be maintained as measured
from the edge of right-of-way of Everett Lane. Side yards shall be a
minimum of 20 feet, and rear yards a minimum of 20 feet. On the non-
residential lots, the setbacks shall be as follows:
a. In the LC-1 district, 15 feet front, 15 feet side, and 20 feet where
adjacent to Residential-1, and
b. In the NC-2 district, 50 feet front, 20 feet on the side adjacent to R-1,
and 20 feet from the rear.
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.
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5. The remaining application fee shall be paid in the amount of $198.00
($375.00 - $177.00).
F. 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 or has access to an approved easement.
4. The North Carolina Department of Transportation shall certify that Everett
Lane has been constructed to State standards or that construction plans have
been-appfevee1
4. A Certificate of Approval signed by the Orange County Planning and
Inspections Department.
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7 Signature of Applicant Clerk topv/tfie Board
I, /h 0A,r J /74(,:r , accept the above listed conditions of subdivision approval,
and acknowledge that each must be met prior to recordation of the final plat. .
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Applicant Date
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March _:�2, 1993
From:
White Cross Partners
116 East Main
Carrboro, North Carolina 27510
To: -
Mary Willis
Planning Department, Orange County
Hillsborough, North Carolina
Dear Ms. Willis,
Please consider this a request to change our accepted
subdivision plan at White Cross to allow for a private road as
we first petitioned, in accordance with changes now being made
to Orange County' s Private Road Standards.
Time is not in our favor. Please expedite this so we can
subdivide the property in a manner the County Commissioners
have already supported.
Thank you for your consideration.
Gary Phillips, Partner
pirti,Veos- 'artners
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Federal Emergency Management Association (FEMA) .
Also, it is not in a watershed.
MOTION: Reid moved approval as recommended by the
Planning Staff. Seconded by Jobsis.
VOTE: Unanimous.
(2 ) White Cross - Revision
(Bingham Township)
MEATPresentation by Mary Willis.
The property is located in Bingham Township on
the north side of NC 54, across from the
intersection of White Cross Road (SR 1952) . The
total acreage of the tract is 8.44 acres. On
September 8, 1992, a Preliminary Plan was
approved by the Board of Commissioners. The
subdivision contained five lots. Seven
residences currently exist on the property. The
purpose of the subdivision was to create
individual lots for four of the residences so
that they could be sold. No additional
residences can be built on the property.
Access is provided by an existing gravel road
(Everett Lane) which currently approximates Class
B standards. Due to the location, lot sizes, and
other characteristics of the subdivision, Everett
Lane was required to be upgraded to public road
standards. Maintaining Everett Lane as a private
road was not approved because it did not comply
with the private road justification criteria in
effect at the time of the Preliminary Plat
approval.
On May 3, 1993, the Board of Commissioners
approved an amendment to the Subdivision
Regulations which expanded the private road
justification criteria. A criterion was added
which allows approval of a private road in cases
where the property being subdivided is already
built out to 100% of its capacity. The White
Cross subdivision satisfies this requirement
because all of the lots being created already
contain at least one residence.
The applicant has requested that the subdivision
be amended to allow Everett Drive to remain a
private road. There are no other changes
proposed to the approved preliminary plan.
The Planning Staff recommends that the
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Preliminary Plan for White Cross School
Subdivision be amended to require that Everett
Lane be constructed to Class B private road
standards, per the Resolution of Approval (a copy
an attachment to these minutes on pages ) .
MOTION: Jobsis moved approval as recommended by the
Planning Staff. Seconded by Eidenier.
Cantrell asked what assurance there was that the
road would be upgraded. Willis responded that
final plat approval would not be granted and
released for recording until it was upgraded to
Class B private road standards.
VOTE: Unanimous.
(3) Featherwood Phase II - Revision
(8 Lots - Eno Township)
Presentation by Mary Willis.
The property is located at the southeast corner
of Piney Grove Church Road (SR 1711) and US 70
Business in Eno Township. There are eight (8)
lots proposed out of 10.24 acres. The average
lot size is 1.29 acres.
On August 3, 1992, a Preliminary Plan was
approved by the Board of Commissioners. The
subdivision contained eight lots, four of which
were to be served by Featherwood Court. The
remaining lots have direct access onto Piney
Grove Church Road.
Due to the location, lot sizes, and other
characteristics of the subdivision, Featherwood
Court was required to be upgraded to public road
standards. The applicants asked that the Board
reconsider its decision. However, no further
action was taken because Featherwood Court was
not found to sufficiently comply with the private
road justification criteria.
On May 3, 1993 the Board of Commissioners
approved an amendment to the Subdivision
Regulations which expanded the private road
justification criteria. The amendment allows
approval of a private road in cases where the
road would be less than 350 feet in length, serve
no more than five lots, and have a grade of no
more than 9 percent. Featherwood Court, which is
300 feet in length and provides access to four