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HomeMy WebLinkAboutAgenda - 08-17-1993 - III-I 1 O R A N G E C O U N T Y BOARD OF COUNTY COMMISSIONERS - ACTION AGENDA ITEM ABSTRACT Meeting Date: August 17 , 1993 Action Agenda Item # SUBJECT: FALCONRIDGE - PRELIMINARY PLAN ACTION BY: October 1, 1993 DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Jim Hinkley Extension 2584 Application Resolution of Approval Vicinity Map TELEPHONE NUMBERS: Private Road Justification Staff Evaluation of Private Hillsborough - 732-8181 Road Justification Durham - 688-7331 Preliminary Plat Mebane - 227-2031 Planning Board Minutes Draft Chapel Hill - 967-9251 PURPOSE: Consideration of the Preliminary Plat for Falconridge BACKGROUND: This proposed major subdivision is located on a tract (TM 5 . 8 . .41) on the east side of Miller Road (SR 1554 ) between Walker and Baldwin Roads in Eno Township. The tract is 20 . 7 acres, with an average lot size of 2 . 3 acres . The property is zoned AR Agricultural Residential, PW-II Protected Watershed. Lying within the Little River Watershed, the general area is designated Agricultural Residential in the County Land Use Element. The proposed subdivision is about 1/4 open and 3/4 wooded. Surrounding land uses are generally residential and wooded. The west side of the tract is bounded by Miller Road. Nine lots are proposed with a 1, 130-lineal-foot private road. All streets are proposed to be private, based on the Private Road Justification Statement of the owner and the Evaluation of Private Road Classification prepared by the Planning Staff . The Planning Board reviewed the Concept Plan at its meeting of January 25, 1993 . The plan was approved at time with the following conditions: 1 . That access to all lots be limited to Talon Lane; and 2 . That payment in lieu of donating land for park and recreation purposes will be made by the developer. 2 At its regular meeting of July 19 , 1993 , the Planning Board considered the Preliminary Plan and added a third condition: 3 . That a joint driveway for lots 5 and 6 be constructed with the improvements on the property to cross the drainage easement. The Planning Board recommended approval of the Preliminary Plan for Falconridge subject to the three conditions listed above and those contained in the attached Resolution of Approval. RECOMMENDATION: The Administration recommends approval of the Preliminary Plan for Falconridge subject to the conditions contained in the attached Resolution of Approval. 3 RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date August 17 , 1993 Name of Subdivision Falconridge Major Subdivision Owner/Applicant KLR PropertieN__, The Board of County Commissioners hereby approves the 9-lot Falconridge Major Subdivision Preliminary Plat, dated April 12, 1993 , subject to the fulfillment of requirements specified herein. The only road in the proposed subdivision is Talon Lane. The developers request that this street be approved as a Class B private road. The Planning Staff found on January 14 , 1993, that the number and size of lots, length of road, location and rural character of the surrounding area justify a private road. A Private Road Justification Statement and Declaration of Restrictions and Provisions for Private Road Maintenance were received from the owner/applicant on January 20, 1993. Talon Road will have access to Miller Road (SR 1554 ) between Walker Road (SR 1553 ) and Baldwin Road (SR 1554 ) . Access to Miller Road will meet the requirements stipulated below. All access to properties will be via Talon Lane. Before the Final Major Subdivision Plat of Falconridge may be recorded with the Orange County Register of Deeds, the following requirements must be completed: A. Sewage Disposal 1. Each lot shall contain adequate areas for septic disposal and repair approved by the Orange County Division of Environmental Health. 2 . Disclosure that the septic system location may restrict the size and location of improvements shall be included in the Development Restrictions and Requirements Document to be recorded with the Register of Deeds 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 Division of Environmental Health. 4 B. Roads and Access 1. Talon Lane shall be: a. Constructed to Class B private road standards as provided in the Orange County Subdivision Regulations; b. Guaranteed financially through a letter of credit, escrow agreement, or bond submitted to secure construction to Class B standards. The guarantee must reflect 110 percent of the estimate and be issued by an accredited financial institution licensed to do business in North Carolina. The Development Restrictions and Requirements Document to be recorded with the Final Plat shall state that the financial guarantee will not be released until road construction has been certified. Bonds or letters of credit cannot be released until Talon Lane completion is certified; c. Inspected and approved to conform to the Orange County Erosion Control Ordinance. An erosion control plan will be required and a grading permit must be obtained; and d. Inspected by a North Carolina Professional Engineer or North Carolina Registered Land Surveyor and certified in writing to the Orange County Planning Department. 2 . An erosion control plan for construction of the streets must be submitted. 3 . All lots shall have access to Talon Lane. No lots shall have frontage on Miller Road (SR 1554) . This restriction shall be stated on the Final Plat and in the Development Restrictions and Requirements Document. 4 . A joint driveway located within a 50 'easement centered on the property line between lots 5 and 6 shall be constructed to cross the drainage easement. A document establishing cross-easements between the two properties shall be recorded with the Final Plat after approval by the County Attorney. 5 . At the intersection of Falcon Lane and Miller Road, 50 ' X 100 ' taper-triangles and 10 ' X 70" sight- triangles shall be indicated in accordance with NCDOT design standards. 6. Approved street name signs shall be erected at the intersection of Talon Lane and Miller Road as required in Section IV-B-3-c-12 of the Orange County Subdivision Regulations. Evidence shall be submitted by the applicant that signs are in place or a copy of the receipt for purchase of the signs shall be submitted to the Planning Department. 5 C. Land Use Buffers and Landscaping 1. Landscaping in Falconridge Subdivision shall be: a. Installed or preserved as indicated on the approved landscape plan, and must be inspected and approved by the Planning and Inspections Department; or b. Guaranteed financially through a letter of credit, escrow agreement, or bond submitted to secure required landscape installation and preservation. An estimate of the cost for required preservation, plantings and their installation must be provided. The financial guarantee shall reflect 110 percent 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 the Development Restrictions and Requirements Document to be recorded with the Final Plat. D. Drainage 1 . Any stormwater detention/retention sites/undisturbed areas for infiltration shown on the approved Erosion Control Plan shall be labeled on the Final Plat. Use restrictions or other conditions shall be specified in the Development Restrictions and Requirements Document. 2 . The 100-year flood boundary scaled from Federal Flood Insurance Rate Maps (FIRM) shall be shown on the final plat on lots 4 and 5 . Development and use of land within the 100-year flood boundary shall be limited to that specified in the Orange County Flood Damage Prevention Ordinance. 3 . Lots 4 and 5 must be clearly labeled: "Use of land within a floodway or floodway fringe is substantially restricted by the Orange County Flood Damage Prevention Ordinance. " E. Parkland 1. Cash in the amount of $932 . 00 ($3,624 . 96/acre x 9 lots/35) shall be remitted 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 Subdivision Regulations. 2 . The following natural site feature shall be shown on the plat: 100-year flood boundary on lots 4 and 5 . 4 3 . Front setbacks of 50 feet shall be maintained as measured from the edge of rights-of-way of Talon Lane. Side yards shall be a minimum of 50 feet, and rear yards a minimum of 50 feet . These setback requirements shall be stated on the plat, and in the Development Restrictions and Requirements Document to be recorded 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 Subdivision Regulations-signed by the landowner and developer shall be on the face of the plat and included in the Development Restrictions and Requirements Document. 3 . The Division of Environmental Health shall certify that each lot contains a suitable area for septic disposal. 4 . Construction of Talon Lane must be certified in writing to the Orange County Planning Department by a North Carolina Professional Engineer or North Carolina Registered Land Surveyor. 6. A Certificate of Approval shall be signed by the Orange County Planning and Inspections Department. /` / = • • - pure applicant Cle /' to the Boa of County Commissioners D to aVfi7 Date For KLR Properties, i, Larry W. Carroll, Jr. , accept the above listed conditions of subdivision approval and acknowledge that each must be met prior to recordation of the final plat. , j A :A T./// .z L - am. 1,....„. FALCONRIDGE 7 x=: M Applicant: KLR Properties L I TTL E r Zoning: AR, PW II Fu ...:_r• �.. Land Use Plan: Agricultural Residential • ,_ Watershed: Little River o -, • 8080 ----n- r._.: (95.55 A C. .,._ t .- , * • . . f,,r_-- ,.... .4.3i: , FU 0. N '6' 000 106 08904 , 26 13 7 20 AC. 1 \\ --iii■ :v-1 6, . _ 0 �. 3337 • 5 3.07 \ F.- AC litkaat 3 AC. -. zi.--. ,- /min caare, _ . „s„,,,, ,._,_.., .,..„ ..,... CIO - = 8875 :53 \\if _ - JJB .7,3 8. 37 AC. _�r 6.35 AC• '- 8660 .9771 WV IL: s ` ..4.4'4 A C.- }�� .-- _ 148 3 9 ..........4/6 - IV •9324 3 7.0 7 ACS. _ N 2.81 7` ;i 10.11 AC.y °'478 AC_ p— . 1 \ i - 2' j 't.2•1 H _ 00• 04 k�( 32A 5072 - - �' �� 2.64 — 6013 :• F-_ 24 1 I ,.xr - , I'I �_!' 1.60AiC. 053 .;2.0s AC. I _ f� z.osAC. 10. 1 9 r AC - 8 ) `` PRIVATE ROAD JUSTIFICATION FOR FALCONRIDGE ROAD: TALON LANE We have designed Falconridge to fit the rural character of the surrounding property. We have located the road to minimize the amount of vegetatioon to be removed and have provided an approximate 150' land buffer between Miller Road and the first lots within the subdivision. We have designed the subdivision to have an average lot size of 2. 35 acres with the larger lots and the greatest amount of road frontage being located at the front of the subdivision to minimize dust. In addition, because of soil conditions, we have made 3 lots just barely below double the required size so as to insure adequate septic system area for all the lots. We have increased setbacks on all sides of each lot to be significantly greater than the standard requirements. We are providing a restrictive covenant for the subdivision to prohibit any further division of any of the lots. 441"1„IAN # 4v . 4 dal, 40. • wr 4! ja • to ` N� IL 0 . 9 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 STAFF EVALUATION OF PRIVATE ROAD JUSTIFICATION SUBDIVISION: Falconridge Major Subdivision Concept Plan DATE: January 14 , 1993 The standards contained in the Subdivision Regulations pertaining to public and private roads are listed below. Planning Staff comments regarding each are 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, if constructed to State standards, would be accepted by the State for maintenance due to density or other State requirement; or Roads must provide ingress and egress for at least two occupied residences for each 1/10 mile, with a minimum of four residences served, before NCDOT accepts maintenance. The proposed 1, 130-foot road [about 2/10 mile] in Falconridge would provide access to nine lots, meeting these NCDOT standards. 2 . The subdivision streets extend existing streets which are public; or The proposed road does not extend public streets . 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 proposed development is not located in a designated Urban or Transition Area . 4 . A proposed street is designated as an arterial or collector street on an approved Thoroughfare Plan for a municipality or in the Orange County Comprehensive Plan. 10 The proposed road is not designated as an arterial or collector. Provided, 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 subdivision are such that a private road is justified. The proposed road is located in a rural area. 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 greater than required by ordinance provisions; Proposed lots range in size from 1 . 7 to 3 . 99 acres, with an average lot size of 2 .3 acres [100, 188 square feet] . Individual lot acreages are all larger than the 40, 000- square-foot requirement of the AR zoning district. Two lots have more than four times the required minimum square footage. Two lots have more than double the minimum. The other five have nearly double the minimum. All setbacks [front, side and rear] are proposed to be 50 feet. Minimum AR district requirements are 40 feet on the front and 20 feet on the sides and rear. 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; About 2/3 of the 20 . 7 acres are heavily wooded; the remaining 1/3 is open. The private road justification indicates there will be minimal destruction of existing trees . Provisions for tree protection are proposed for restrictive covenants . Clustering of dwelling units has not been proposed. c. The maintenance of scenic views, 11 including vistas of open farmland and/or forested hills and mountains; and/or Forested areas are proposed to be maintained, thereby maximizing screening and maintaining a scenic view of woodlands . d. The clustering of dwelling units to preserve wildlife, botanical, historic, archaeological and/or recreation sites; No clustering of units has been proposed. 2 . The number, location and/or size of lots to be located in the subdivision are such that, even if constructed to State standards, the streets would not be accepted by the State for maintenance due to density or other State requirements; Based on proposed density, and if construction to NCDOT public road standards is achieved, the road could be accepted by the State . 3 . Restrictive covenants are proposed which prevent further subdivision of the property and the same shall be made a condition of approval, thus maintaining project density; Covenants are proposed which restrict further division of lots . 4 . Recreation and/or open space areas, including lands containing significant botanical, wildlife, historic and/or archaeological sites, are to be dedicated and/or preserved through restrictive covenants in amounts greater than required by standards for recreation/open space dedication; and/or A recreation and/or open space area is not proposed for this subdivision. 5. Larger than required stream buffers and lot sizes, and/or other design features are proposed as part of a subdivision to be located in a Protected Watershed 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. 12 Lot sizes average 2 .3 acres . The subdivision is within the Little River Protected Watershed. There is a possibility that a small part of Lot #4 lies within the 100-year flood boundary shown on Federal Insurance Rate Map No . 370342 0065 B published by the Federal Emergency Management Agency. This will be determined presently. EVALUATION SUMMARY: The Planning Staff finds that the number and size of lots, length of road, location and rural character of the surrounding area justify a private road. 13 [3 LA 11 2 . Lot 4 shall have a minimum 130 feet of road frontage. 3 . The property owner shall attempt to obtain sight distance easements at Daniel 's Farm Road as recommended by NCDOT. 4 . The right-of-way shall tie in with radii and not an angle to the existing right-of-way. Agency comments have been received from the Fire Marshall, Soil and Water Conservation, Erosion Control, Environmental Health Department, and Recreation & Parks Department. Applicable comments have been incorporated into the Resolution of Approval. The Planning Staff recommends approval of the Preliminary Plan for Raineywood subject to the conditions contained in the Resolution of Approval (copy an attachment to these minutes on pages ) . MOTION: Reid moved approval as recommended by the Planning Staff. Seconded by Boland. VOTE: 8 in favor. 1 abstained (new member) . (2 ) Falconridge ( 9 Lots - Eno Township) Presentation by Jim Hinkley. The property is located on the east side of Miller Road (SR 1554 ) between Walker and Baldwin Roads in Eno Township. There are nine lots proposed out of 20 .7 acres with an average lot size of 2 . 3 acres . The property is zoned AR Agricultural Residential, PW-II Protected Watershed. Lying within the Little River Watershed, the area is designated Agricultural Residential in the County Land Use Element. The proposed subdivision is about 1/4 open and 3/4 wooded. Surrounding land uses are generally residential and wooded. The west side of the tract is bounded by Miller Road. Lot sizes range in size from 1 . 62 to 3 . 97 acres with a 1.4-acre, 1, 130-lineal-foot private road. The Planning Board reviewed the Concept Plan at its regular meeting January 25 , 1993 . The Plan was approved with a Class B private road with two conditions : 14 M ["A 1 . Access to all lots be limited to Talon Lane 2 . Payment-in-lieu of donating land for park and recreation purposes will be made by the developer. Agency comments have been received from Soil and Water Conservation, Environmental Health, Fire Marshall and Erosion Control. Applicable comments have been incorporated into the Resolution of Approval. The Planning Staff recommends approval of the Preliminary Plan for Falconridge subject to the conditions contained in the Resolution of Approval (a copy an attachment to these minutes on pages ) . Waddell expressed concern with the impact of the 100-year floodplain on lots 4 and 5 . Hinkley responded that approximately one-half of lots 4 and 5 is impacted by the 100-year floodplain. However, there is sufficient buildable area on each lot. He noted that lot 6 is also impacted by the stream which would require some type of bridge since the buildable area on lot 6 is on the back side of the lot. Waddell asked if a common driveway could be shared by lots 5 and 6. Hinkley responded that had not been discussed by Staff but agreed that a joint driveway was a possibility. He continued that joint driveways had been required in previous subdivisions but it was usually for the purpose of helping to control traffic. A joint driveway in this case would be to protect the environment. Willis indicated it would be appropriate to require a joint driveway as an improvement to the subdivision. Thus, the developer would be required to construct the joint driveway at the time the road was constructed. Previous problems with such requirements have indicated that the best approach is to have the developer to construct the joint driveway as a part of the improvements for the subdivision. A condition could be added to the resolution to address this concern. Waddell asked if the applicant was available to respond to this concern. Steve Yuhasz, surveyor for the subdivision, indicated that a requirement for a joint driveway to serve lots 5 and 6 was an appropriate condition to add. 15 O ��t Reid asked if there could be problems at a later time with RCD (Resource Conservation District) comparable to problems which can be experienced in Chapel Hill which prohibits construction in such areas. Hinkley responded that in the case of lots 4, 5 and 6 there is sufficient residual for construction outside of the floodplain. Willis added that the Flood Damage Prevention Ordinance prohibits construction in the floodplain itself unless structures are elevated above the floodplain through engineering. Burklin asked if the 100-year floodplain is to be surveyed and staked out so the exact location is evident. Yuhasz responded that USGS topo maps are used and that elevations are not always exact. Be continued that the reason for putting the floodplain on the plat is to let possible buyers know that there are potential problems before they purchase such lots. Willis noted that distance from the floodplain is verified at the time of application for a building permit. If the distance is unclear, then, further survey may be required at that point. Scott noted that banks that are financing construction loans also verify the possibility of a floodplain and may require additional surveying. Yuhasz noted that the Environmental Health Department has already approved septic tank sites and repair area for the lots . Discussion followed regarding location of the joint driveway. Yuhasz stated that joint driveways are usually 50 to 60 feet wide centered along the property line. Waddell responded that would address his concern. MOTION: Reid moved approval as recommended by the Planning Staff with an additional condition that a joint driveway for lots 5 and 6 be constructed with the improvements on the property to cross the drainage easement. Seconded by Walters . VOTE: 8 in favor. 1 abstained (new member) . AGENDA ITEM #9 : MATTERS PROPOSED FOR PUBLIC HEARING a. Comprehensive Plan Text Amendments ( 1) CP-3-93 Bobby Kirk, Sr. & Jr.