HomeMy WebLinkAboutAgenda - 06-07-1993 - III-E 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 #_.1IL-E
SUBJECT: FEATHERWOOD PHASE II - 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
Featherwood Phase II Subdivision.
BACKGROUND: 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.
Feacherwood Court, which is 300 feet in length and
provides access to four lots, satisfies this requirement.
The applicant has requested that the subdivision be
amended to approve Featherwood Court as a private road.
There are no other changes proposed to the approved
2
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 Featherwood Phase II Subdivision be amended to require
that Featherwood Court be constructed to Class B private
road standards, per the attached Resolution of Approval.
REVISED
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMNIISSIONERS
Date .Tune 7, 1993
Name of Subdivision Phase II Featherwood
Owner/Applicant Laura Lee Feather
The Board of County Commissioners hereby approves a revision to the Featherwood Phase II
Subdivision preliminary plat, dated October 31, 1991 and approved by the.Orange County
Board of Commissioners on August 3, 1992 and containing eight (8) 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.
A. Sewage Disposal
1. Each residential lot, except lots 1, 2 and 6 shall contain an adequate area for
septic disposal, and repair area, approved by the Orange County Division of
Environmental Health.
2. The septic system location may restrict the size and location of improvements.
This disclosure shall be included in a document describing development
restrictions to be recorded concurrently with the Final Plat. The document
shall also disclose that information regarding the tentative location of septic
systems is available from the Orange County Health Department, Division of
Environmental Health.
3. Septic easements shall be provided for lots 1, 2 and 6 (by lots 8 and 7) 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
describing development restrictions to be recorded concurrently with the Final
Plat.
4. Lot 8 is of restricted development potential because it has been identified to
accommodate septic fields for lots 1 and 2. The restricted lot shall be
1
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. Featherwood Court shall be constructed to •..• •.. : • - -- • . - - .
- ::•- --- - - - •:= -.: ':-, Class B private road standards within a 50 foot
right-of-way. .. . .- .• .. . - . - _. .. : . .. _. .
NCDOT. Featherwood Court 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 Featherwood Court 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 inspected and approved by NCDOT certified by a
North Carolina Professional Engineer or a North Carolina Registered Land
Surveyor.
2. Lots 4, 5, 6 and 7 shall access onto Featherwood Court. All other lots shall
access onto Piney Grove Church 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.
2, A 10' by 70' sight triangle shall be shown at the entrance of the subdivision,
4. 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.
5. 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,
2
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. Landscaping shall be preserved as indicated on the approved landscape plan.
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 along U.S. 70 Business. 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.
D. Parkland
1. Cash in the amount of $500.00 (1/35 x 2,190.70/acre = $62.59/lot x 8 lots =
$500.00) 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:
(Include streams, rivers, ponds, lakes, swamps, marshes, sites in "Inventory",
houses, barns, sheds, railroads, overhead utility lines, cemeteries)
a. Utility easement through lots 1, 6 and 7.
3. A setback of 40 feet shall be maintained as measured from the edge of the
right-of-way. Side yards shall be a minimum of 20 feet, and rear yards a
minimum of 20 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.
3
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, except lots
1, 2 and 6, contains a suitable area for septic disposal.
4. A Certificate of Approval signed by the Orange County Planning and
Inspections Department.
5. The North Carolina Department of Transpoftation shall certify that
plans have been approved.
Aft
lie
/47 /
Signature of Applicant Cler to the '.oard
I, ►-a, Lee tes,'iLer , 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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9
March 19 , 1993
Attention: Mary Willis
Orange County Planning Staff
Orange County Planning Department
306 Revere Road
Hillsborough, NC 27278
Re: Featherwood Subdivision
Dear Ms. Willis:
It is my understanding that the County is in the process
of considering amendments to the criteria for justification of
private roads in subdivisions within Orange County.' One of the
proposals would allow subdivision roads less than 350 feet in
length to be classified as private. Should this proposal be
allowed, I would like to formally request a revision of the
Preliminary Plan of Featherwood Phase II, changing Featherwood
Court to a private road. As you may recall, Featherwood Court is
a proposed 300 foot cul-de-sac originally approved as a private
road by the Planning Board and later determined by the County
Commissioners to fail to meet the criteria for private roads under
the applicable ordinances.
Please contact me at your earliest convenience to let me
know what steps I must take to obtain the proposed revision. Thank
you for your kind attention to this request and please do not
hesitate to call me if you have any questions.
With kind regards, I am
Sincerely yours,
Laura Feather
10
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
D Q (�I (8 Lots - Eno Township)
115 �
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
June 28, 1993
Ms. Laura Lee Feather
4141 Garrett Drive
Durham, NC 27705
Dear Ms. Feather:
On June 7, 1993, the Orange County Board of Commissioners
approved a Resolution of Approval for Phase II Featherwood
Subdivision Preliminary Plat, dated October 31, 1991 and containing
8 lots, subject to the fulfillment of requirements specified in the
resolution.
Attached are three copies of the final resolution for your
signature. There are two places for you to sign on each document.
Please return two copies to me for proper distribution.
Sincerely,
Beverly A. Blythe, Clerk
Board of Commissioners
11
lots, satisfies this requirement.
The applicant has requested that the subdivision
be amended to approve Featherwood Court as a
private road. There are no other changes
proposed to the approved Preliminary Plan.
The Planning Staff recommends that the
Preliminary Plan for Featherwood Phase II
Subdivision be amended to require that
Featherwood Court 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 Scott.
Waddell asked about sight triangles on Business
70. Willis responded that Staff would have to
review the sight triangles in that area. New
information has been received from NCDOT
regarding some changes in their policy for
driveways and sight triangles. There would have
to be some more communication with DOT regarding
this issue.
Scott asked if driveway permits are required on
Highway 70A. Willis responded she would verify
that question with NCDOT.
VOTE: Unanimous.
AGENDA ITEM #9: MATTERS SCHEDULED FOR PUBLIC HEARING MAY 24, 1993
a. Zoning Ordinance Text Amendments
( 1) Zoning Compliance Permit
(2) Nursing Homes
b. Zoning Atlas Amendment
c. Historic Preservation Ordinance Text Amendments
II