HomeMy WebLinkAboutAgenda 6-a - Major Subdivision Preliminary Plat Application – Triple Crown FarmsORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 3, 2018
Action Agenda
Item No. 6 -a
SUBJECT: Maior Subdivision Preliminary Plat Application — Triple Crown Farms
DEPARTMENT: Planning and Inspections
ATTACHMENTS:
1. Application Package
2. Site Assessment
3. Property Map with School Districts
4. Staff Correspondence and Comments
5. Original Triple Crown Preliminary Plat
(Approved by BOCC June 17, 2014)
6. Revised Triple Crown Farms Plat
7. NIM Materials
8. Excerpt of Draft March 7, 2018 Planning
Board Minutes
9. Resolution of Approval
INFORMATION CONTACT:
Patrick Mallett, Planner II, (919) 245 -2577
Michael D. Harvey, Planner III, (919) 245 -2597
Craig Benedict, Director, (919) 245 -2575
PURPOSE: To review and take action on a request to modify a previously approved Major
Subdivision Preliminary Plat application.
The request seeks to modify conditions associated with roadway construction within the Triple Crown
Farms subdivision, originally approved as a 20 lot single - family residential subdivision.
Specifically the applicant is seeking to modify the County's original approval requiring internal
roadways to be constructed to NC Department of Transportation ( NCDOT) public road standards
allowing same to be constructed to Class A private road standards as detailed in Section 7.8.5 of the
Unified Development Ordinance (UDO). Roadway construction had commenced when issues
associated with complying with NCDOT standards were identified, necessitating this request.
If approved, the roadways will be completed consistent with applicable County private road standard.
Once the roadways, and other required improvements, are completed the Final Plat can be recorded
within the Orange County Register of Deeds Office allowing for the creation of the individual lots,
allowing for the eventual development of single - family residences. Please note at this time no
development, other than installation of required infrastructure, is occurring on the property.
BACKGROUND: Triple Crown Farms Major Subdivision was approved by the by the BOCC on
June 6, 2014. The request includes changing the requirement for public roads built to NCDOT
standards to private roads built to Orange County private road standards.
The basic facts concerning the current application are as follows:
I
Applicant(s) /Owner(s):
16 Parkside Lane, LLC
2807 Homestead Road
Chapel Hill, NC 27516
Agent(s): Peter Bellantoni, PE
Pennoni Associates, Inc.
401 Providence Road, Suite 200
Chapel Hill, NC 27514
Location: Intersection of Dairyland Road and Triple Crown Drive. Please refer to
Attachment 2 for a vicinity map of the parcel.
Parcel Information: a. PIN(s): 9850 -90 -5614; 9860 -01 -0141 (New PINs);
9850 -91 -0030 (Old PIN).
b. Size of parcel: 92.95 acres in new area (104.25 acres in
original area. Lot area was reduced after 11.17 acres was
recorded via exempt subdivision via recorded Plat Book 118
Page PG 21 with the Orange County Register of Deeds and
assigned PIN 9860 -01- 0141).
c. Zoning /Watershed: Rural Buffer (RB); and University Lake
Protected Overlay District (UNIV -PW).
d. Township: Chapel Hill.
e. School District(s): The project is split between the Chapel
Hill /Carrboro County Schools (14 lots), and Orange County
Schools (5 lots). Please refer to Attachment 3 for additional
information.
f. Future Land Use Map Designation: Rural Buffer.
g. Growth Management System Designation: Rural.
h. Joint Land Use Plan Designation: Rural Buffer.
i. Existing Conditions /Physical Features: Varying topography
with heavy vegetation, primarily mixed hardwoods, throughout.
There are streams running through the property with varying
slopes. Stream corridor width varies from 120 feet to 250 feet.
The property is encumbered by floodplain along Dairyland Road.
j. Roads: Vehicular access to the parcel is through Dairyland
Road and Triple Crown Drive; both are NCDOT state maintained
roads.
k. Water and Sewer Service: The property is not located within a
primary public utility service area according to the Water and
Sewer Management Planning Boundary Agreement
(WASM PBA).
Proposed lots are to be served by individual well and septic
systems.
t
Surrounding Land Uses: a. NORTH: Single- family residences zoned RB
b. SOUTH: Single- family residences zoned RB
c. EAST: Single- family residences zoned RB
d. WEST: Single- family residence zoned RB
Development Process, Schedule, and Action: The typical cadence for the review of a major
subdivision is as follows:
• First Action — Planning staff schedules a Neighborhood Information Meeting (NIM).
Staff Comment— DONE. This meeting was held on February 15, 2018.
• Second Action — The Planning Board reviews and takes action on the Preliminary
Plan application recommending approval of the changes to the approved `flexible
development' layout.
An excerpt of the minutes from the meeting are contained within Attachment 8
• Third Action — The BOCC reviews and takes action on the revised Preliminary Plat
application.
Staff Comment. The review and decision to approve or deny the revised
Preliminary Plat is scheduled for the April 3, 2018 BOCC regular meeting.
• Fourth Action — Once all construction activities have been completed, or appropriate
bonds have been approved, staff will sign off and allow the recordation of a Final Plat
allowing for the individual lots.
M
Proposal: The petitioner has submitted an amendment to the approved Major Subdivision
Preliminary Plat application package for Triple Crown Farms, originally reviewed and approved by
the BOCC on June 17, 2014.
The amendment proposes to:
1. Construct roads serving the proposed single - family residential lots to the applicable County
private road standard versus the NC Department of Transportation (NCDOT) public road
standard.
2. Modify and reduce proposed roadway widths from 20 feet to 18 feet in width.
STAFF COMMENT: Lots 9 and 10, as approved on the original preliminary plat, were
combined and recorded via an Exempt Subdivision within Plat Book 118 Page 21 with
the Orange County Register of Deeds and assigned PIN 9860 -01 -0141.
4. Eliminate a proposed fire pond.
STAFF COMMENT: Fire suppression shall be achieved via a nearby OWASA owned
water line and hydrant.
Other than the above changes, the amended Preliminary Plat keeps the same lot, road, and open
space that was indicated in the original Preliminary Plat application.
The applicant continues to propose a Flexible Development layout with lots adhering to an allowable
1 -acre minimum lot size with approximately 36.25 acres of Common Open Space. A summary of
the revised proposal is as follows:
Subdivision Type
Number of
Single- family
Lots
Average Lot
Size
Area in
Common Open
Space
Common
Open
Space
Percentage
Flexible
19 lots
3.3 acres
38.53 acres in
41.4% in
Development Plan
(including 1
Common Open
Common
Exempt lot of
Space provided
Open Space
11.1 acres)
proposed
Density is 1
(34.34 acres in
dwelling unit for
Common Open
(33%
every 5.47
Space required)
required)
acres of the
total property
STAFF COMMENT— SUBDIVISION TYPES: The proposal is in accordance with the anticipated
densities for properties located within the Rural Buffer land use category as defined within the
adopted Comprehensive Plan, Rural Designated area as denoted on the Growth Management
Systems Map, and the requirements of the Joint Planning Land Use Plan.
Roads: The applicant is proposing the creation of two private roads serving the proposed 19 single -
family residential lots. Per Section 7.8.5 of the UDO the roads will have to be constructed to
appropriate private road standards. Specifically, the plan calls for:
• Two cul -de -sac roadways. The first roadway (tentatively named Secretariat Court) will
provide access to lots 12 through 19. The second roadway (tentatively named Gallant Fox
Crossing) will provide access to lots 2 through 11.
• Both roads require stream crossings and Section 401/404 permits by the US Army Corps of
Engineers ( USACE) and NC department of Environmental Quality (NCDEQ). These permits
have been obtained.
STAFF COMMENT- ROADS: Staff has determined that the proposed new roadway layout
is consistent with the requirements of the UDO.
However, staff does recognize the differences in construction and maintenance between
public and private roads. Staff recommends that the roads as proposed be reflected in a
revised Private Road Maintenance Agreement (RMA), and that the developer record a
disclosure statement with the recordation of the Final Plat. Both documents would
acknowledge that the roads do not meet the NCDOT design standards and would require
significant improvements to meet those standards if converted to public roads meeting the
NCDOT design standards.
Staff also recommends that the developer finalize all temporary and final driveway permits
for the intersections of these private roads with Triple Crown Drive right -of -way and traffic
circle.
Utilities — Water and Sewer: The applicant is proposing to serve the project with individual wells
and septic systems that will be developed on each lot.
STAFF COMMENT - UTILITIES: Orange County Environmental Health approved the
previous Preliminary Plat layout identifying septic and well locations for each proposed lot.
No significant changes are proposed.
Stormwater Drainage: Site drainage will be engineered according to Stormwater Control
Measures (SCMs) as provided with the subdivision's approved Erosion Control and Stormwater
Permits.
STAFF COMMENT - STORMWATER: Orange County Stormwater and Erosion Control has
reviewed and issued Erosion Control and Stormwater Permits. They also conducted a Pre -
development meeting on -site prior to commencement of land disturbing activity. Staff has
continued to monitor the site for maintenance and compliance.
Open Space: The flexible development plan denotes the maintenance of a 30 -foot natural buffer
along Dairyland Road and a 100 -foot building setback along the perimeter of the project. Open
space is identified in and around the existing streams. The total area reserved as open space is
approximately 1,678,305 square feet of land area or 38.53 acres. The proposed open space is
composed of existing, mature, vegetation and trees with an approximate height of between 50 to 70
feet. Existing vegetation will be supplemented with additional street trees and ornamental vegetation
along the roads.
STAFF COMMENT — OPEN SPACE. Staff has determined the proposed open space and
land use buffers meet the requirements of the UDO.
u
Land Use Buffer: The site plan indicates there will be a 30 -foot buffer along Dairyland Road
comprised of existing, dense, vegetation composed of existing, mature, shrubs and trees with an
approximate height of between 50 to 70 feet. Existing vegetation will be supplemented with
additional trees and ornamental vegetation.
STAFF COMMENT — LAND USE BUFFER: Section 6.8.6 (D) of the UDO requires that this
project maintain a thirty (30) foot land use buffer separating the project from adjacent
roadways. Staff has determined the proposed open space and land use buffers meet the
requirements of the UDO.
Staff Generated Correspondence: Attachment 4 contains the various comments for this project.
Analysis: As required under Section 2.15.3 (E) of the UDO, the Planning Director is required to
deliver a Planning Director's report and Planning Board recommendation to the BOCC for
consideration. In analyzing this request, the Planning Director offers the following:
1. The Preliminary Plat application has been deemed complete in accordance with the
requirements of Section 2.2 and 2.15.2 of the UDO.
2. Staff has determined that the property is of sufficient size to support the proposed
subdivision.
3. The proposal appears consistent with the various goals outlined within the
Comprehensive Plan concerning development, including:
a. Land Use Overarching Goal: Coordination of the amount, location, pattern, and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs of Orange County's population and economy
consistent with other Comprehensive Plan element goals and objectives.
b. Land Use Goal 2: Land uses that are appropriate to on -site environmental
conditions and features and that protect natural resources, cultural resources, and
community character.
c. Land Use Goal 3: A variety of land uses that are coordinated within a program
and pattern that limits sprawl, preserves community and rural character, minimizes
land use conflicts, supported by an efficient and balanced transportation system.
4. Staff has determined that the proposed subdivision is consistent with the provisions and
goals of the Joint Planning Land Use Plan and Joint Planning Agreement.
Planning Director's Recommendation: The Planning Director recommends approval of the
requested modification developing the roadways to the applicable County private road
standard(s) consistent with the recommended Conditions of Approval as contained within
Attachment 9.
STAFF COMMENT: These conditions include a requirement for the developer to record a
Road Maintenance Agreement (RMA); Design Standards; and Disclosure Statements
regarding the private roads with the Final Plat.
These documents would specify that the roads are privately maintained, the cost
associated with the maintenance of same is the responsibility of the local property
owners, and provide an assessment on what modifications would be necessary to bring
said roads into compliance with State public road standards.
7
FINANCIAL IMPACT: Staff has determined the project would not require augmentation of
County budgetary outlays to support services and that anticipated revenues from property taxes
should supplement increases in cost.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this agenda item:
GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND -USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
RECOMMENDATION(S): The Manager recommends the Board:
1. Receive the Planning Board and Planning Director's recommendations on the Preliminary
Plat application for the revised Triple Crown Farms Subdivision,
2. Discuss the proposal as desired, and
3. Approve the Preliminary Plat as submitted and the Resolution of Approval contained in
Attachment 9.
Attachment 1
SUBDIVISION NAME: Triple Crown Farms
LOCATION: 906 Triple Crown Drive, Chapel
Hill, NC 27516
OWNERADEVELOPER. . 16 Parkside Lane, LLC® Danny Jones
2807 Homestead Road
TELEPHONE NO.: 3'36- 330 -0660
Chapel. Hill, NC 27516
AGENTICONTACT: Peter Bellantoni,, P:F1 (Pennoni Associates)
ADDRESS: 401 Providence Road, suite 200
TELEPHONE NO.: 919 -2:30 9214
Chapel H.1..1_i_, NC 2751.4
A SUMMARY INFORMATION
Orange County Tax Map in rs,zru� _ ri ,a� r� ��� ���
Lot(s) Township
Zoning District(s):
Total Number of Acres: 9:' 04 . 7 - � :�_ ,� L ^ ^.o�kr : �,;,; a �
Total Number of Lots. 18 Average Lot Size:
Minimum Lot Size:
Numberffype of Structures: (existing)
(proposed) 11
Linear Feet In Streets `' 36 t:
Acres In Open Space:
Water Supply: � I I e' G � Public
Community Individual
Wastewater Disposal Pr Public (specify)
N/A Community Individual
School District:
fire District: o r,jw r.a ovN^
General land Uses In Area: .s y r
,. .. "tt '�
Critical Areas: 1,100,812 !°
streamldrainageways .„ t flood prone areas
Uui ,, „c r, Li: y
watershed (specify) historic sites
other (explain)
Is the property to be subdivided currently under "farm use value taxation "? Yes X 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 " =201) and must contain the following information:
X
subdivision name
X zoning of tract and adjacent
X
properties
name & address of owner(s)
X� � building setback lines by notation or
typical lot layout
X name S address of subdivider
X location and width of existing and
(If other than owner)
proposed easements (drainage,
utilities, roads, etc.)
X name of surveyor, engineer, landscape
yo r � g , p
X Existing,
g, proposed and adjoining
architect or architect, address,
rights -of -way including dimensions
X registration # & seal
and street names and State Road
(title) Preliminary Plan
numbers. Linear feet of road
X scale, north arrow
centerlines and approximate acreage
X date of plan preparation and revisions
of now street rights- of-way
X township, tax map - block -lot references
X existing and proposed utilities,
X Parent Parcel Identification #
including type, sizes, hydrants,
deed book and page # of property to be
valves, manholes
X subdivided
boundary described with bearings and
rxmmmmm existing and proposed curbs, gutters
distances
and culverts, Including sizes and
grades
X total acreage of the tract and acreage of
lots, Including and excluding area within
X rights -of -way
w control corner
X
proposed lot lines with dimensions
X
lot & block numbers
X
phasing line(s)
X
topography at ton (10) foot intervals
X
water bodies, streams, floodways and
X
floodplalns
stream buffers
X location and size of parcels dedicated for
public use, recreational use or reserved
In common, with purpose noted
X impervious surface data (if located In
water supply watershed)
X vlcinhy map showing general location of
subdivision with streets and roads
Identified by State Road number and
X name
landscaping and buffer requirements
X township, corporate and extraterritorial
planning jurisdiction lines which cross
the property
X location and width of alleys, 9
sidewalks, bike lanes, transit
systems, and bus stops
X typical street cross-sea tlons and
Intersection details Including design
and width of travelway and
shoulders
X horizontal alignment, centerline
radius, and general curve data on all
proposed streets
X permanent features such as
buildings, cemeteries, historic
landmarks
X adjoining lot layout names of
adjoining property owners. H
subdivided, subdivision plat name,
plat book & page number, and
perimeter lot numbers.
X location and size of lots of restricted
development potential and notation
on plat regarding same
X stormwater detention and/or
retention sites and undisturbed
areas for infiltration purposes (if
located in water supply watershed)
X Identified natural areas and wildlife
corridors
C OTHER SUBMITTAL REQUIREMENTS:
1. Twenty�five (25) copies of the preliminary Flat.
2. One full size copy of an Orange County Tax Map (with tax parcels Involved clearly marked).
3. Where municipal or OWASA sewer Is not available, a copy of the Preliminary flat. Indicating Health Department
approvalldenial for each lot show thereon. gm x.: gsWx,D
4. Where a private road Is proposed, a written statement by the applicant or his/her authorized representative which
sets for the justification for a private road (see Section IV- B -3-d -1 of the Orange County Subdivision Regulations).
5. Auxiliary documents, In draft form, prepared in accordance with Section VI of this Ordinance which ensure
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 homeowners association. These documents may be required as necessary as evidence that the
ordinance requirements are being met.
6. Fee - SOD plus $5.00 per lot (one fee for Preliminary and Final Plat).
7. If the subdivision contains 10 lots or more, the following Information shall be submitted with the application:
a. Number of years to buildout. (amt iantd
b. Number of houses to be built during each year until buildout- arcxaa. „w*j�se yeah
c. Average price of houses Including lots for each year to bullutout. 1.200. 0.(es�edl
w" to The test of knowledge Information , w .ww .. w In the supporting documents, w s
of proposed d . ww acknowledge that wsigning Ws application,
Orange w w and Inspections Department
is
authorized, pursuant to Section y Inspections
w y w property be
to z proposed w outlined consistent Provisions • applicable w local ordinances
regulations, signing .w,, w w .w ree that Inspectors, zoning
officers, aroision officers. , other
staff of Orange w Planning � w 1
presentation, . proper .,,. to enter the
subject property a: w „w :. hour for purposes p r or other enforcement action.
FEES: Amount Date Paid
Receipt
Attachment 2
Site Assessment for PINS: 9860 -01 -0141 and 9850 -90 -5614 Flood Info:
Panel #: 9860K
Site Data: Base Flood Elevation (BFE): 480.74'
Zoning: Rural Buffer (RB) BFE + 2' County Freeboard: 482.74'
Acreage: 92.95 acres and 11.10 acres for a total of 104.05 acres Flood depth at structure: N/A
Overlay Districts: University Lake Protected Watershed Overlay District
Plat /Legal Description: MAJ 1 Rec Don Ann Acres and 1 Triple Crown
Farms; Plats PB 94/ PG 99 and PB 118/ PG 21
Other: Deed DB 3943/ PG 523 and RB 6398/ PG 56; Road
Maintenance Agreement RB 6398/ PG 52; Covenants RB 6398/ PG 1
Max. Density: 1 dwelling unit per 5 acres based on watershed
Min. Lot Size: 2 acres
Min. lot width: 130'
Maximum height: 25'
Building Setbacks:
Front (and Corner lots) = 40'
Side Setbacks = 20'
Rear Yard Setback = 20'
*30' Open Space access easement shown on plat PB 118/ PG 21
Streams/Water Bodies: Streams on lot; Water body off lot to the north
SFHA ( Floodplain): 100 year off lot to the east
Wetlands: N/A
Buffers: Floodplain Buffer = 100 ft. (Method B; Slope = 11.2 %); Water
Body Buffer = 100 ft. (Method B; Slope = 8 %); Stream Buffer = 100 ft.
(Method B; Slope = +/- 12.8 %)
Max. Impervious Surface: 6% of 104.05 acres = 271,945.08 sq. ft.
(approx. 6.24 acres) of allowable impervious surface area
Multiple Parcels
//Stream Buffer 1 00f USGS Stream
//Water Body Buffer 100ft Soils Survey Stream
10
Land Disturbance Thresholds:
1) Erosion Control Application /Permit required if disturbing more than
10,000 sq. ft.
2) Stormwater Management Application /Permit required if disturbing
more than 43,560 sq. ft. (1 acre) for residential structures.
Notes:
1) Private Road Justifications, Recorded Declarations, Restrictive Covenants, Bona Fide
Farm status, use and building type (e.g. duplex units) will change subdivision and
development requirements.
2) Wetlands data is taken from Classification of Wetlands and Deepwater Habitats of the
United States. U.S. Department of the Interior, Fish and Wildlife Service and does not
constitute a formal delineation (i.e. survey) of the property. All wetland areas are
approximate.
3) Flood boundaries are subject to change based on periodic amendments to flood maps
Determination is based on current, best available, data.
4) This does not constitute a formal land survey.
Date Site Assessment Completed: 02/23/2018 by mboyle
Iiil'TG, jl`5II
C3 Parcels —Cross Section
Streets (_;FIRM
//Flood plain Buffer 1 00f wie OC Updated Stream VIII',;;;;;;;;;;; Zoning 1 %Annual Chance of El ii Soils 2' Contours (NCDOT) [ :] Water Body Flooding
Data shown on this map is obtained from Orange County
GIs and is for reference only.
Exact locations and boundaries should be vented.
Map prepared by Orange County Planning & Inspections.
02/23/2018 - mboyle
lliiiii Regulatory Floodway
Watershed
1 inch = 500 feet
0 130 260
Feet
12
Attachment 4
Patrick R. Mallett
From: Peter Bellantoni <PBellantoni@Pennoni.com>
Sent: Friday, February 23, 2018 10:00 AM
To: Chuck Edwards Contact
Cc: Jones, DeAngelo J; Jason Shepherd; Chief Steve McCauley; i-nayolake@gmail.com; Michael
Harvey, Patrick R. Mallett
Subject: RE: [External] RE: 20170202 Fire Flow Test for Triple Crown Farms - Dairyland Road
Attachments: OC Fire Dept Hydrant.pdf
Chuck,
Attached please find a signed letter from the property authorizing the Orange County Fire Department to use their driveway to
access the existing hydrant. Please let me know if you have any questions.
Thank you,
Pete
Peter Bellantoni, PE
Pennonl
401 Providence Road, Suite 200 1 Chapel Hill, NC 27514
Direct: +1(919) 230-9214 1 Mobile: +1(919) 609-6111
www.pennoni.com I PBellantoni@Pennoni.com
From: Edwards, Charles N [mailto:cnedwards@ncdot.gov)
Sent: Friday, February 2, 2018 5:07 PM
To: Peter Bellantoni <PBellanton!@Pennoni,com>
Cc: Jones, DeAngelo J <djjonesl@ncdot.gov>; Jason Shepherd <jshepherd@orangecountync.gov>; Steve McCauley
<chief@ogfire.org>; mayolal<e@gmall.com
Subject: Re: [External] RE: 20170202 Fire Flow Test for Triple Crown Farms - Dairyland Road
I only need to verify that the property owner and fire department(s) are OK with It. Sorry for any confusion.
Charles N. Edwards Jr., PE (Chuck)
District Engineer
N. C. Department of Transportation
Division of Highways
Division 7, District 1
L3 L)!L7Q.!L8%3
nv-
JLISEastCrescentS
On Feb 2 2018, at 4:52 PM, Peter Bellantoni <PBellam norfl.coni> wrote:
I 1.1-1-1–L t(ma
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment
to mpgM.5.pil Amlzm-v-
13
Chuck,
Thank you for clarifying this matter. VVe will submit a letter from the property owner for everyone's
record. With regard to OWASA, we were informed that this is a public hydrant and as such, formal authorization
was not required. | will reach out to OVVASAaQain.
Pete
Pennon!
4Ol Providence Road, Suite 2001 Chapel Hill, NC2?5l4
Direct: +l(Y|9)230-92l4| Mobile: +l(9l9)6O9-6ll|
From: Edwards, Charles N
Sent: Friday, February 2,2U181:5OPM
To: Peter Bellantoni < �jones,DeAn�e|u]� ; Jason Shepherd
Steve McCauley
Cc: ]ones,UeAn�e|oJ� >
Subject: RE: [External] RE: 20170202 Fire Flow Test for Triple Crown Farms - Dairyland Road
I am amenable to the proposed installation subject to concurrence by the property owner and jurisdictions that
would utilize the hydrant and pull in.
Charles N. Edwards Jc.PEAChuok
District Engineer
N. C. Department ofTransportation
Division of Highways
Division 7, District 1
W. ", 11
115 East Crescent Square Drive
P. (]. Box 766
Graham, NC27253
E-mail to and from this address is subject to the
North Carolina Public Records Law and may he disclosed tothird parties.
From: Peter Bellantoni
Sent: Monday, January 29 301812:31PM
To:Edvvavd�Char|esN< Jones, DeAnge|o] Jason Shepherd
St�veKAnCau|ey�
Cc:
Subject: [External] RE: 20170202 Fire Flow Test for Triple Crown Farms - Dairyland Road
14
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email asanattachment
to
Chuck,
With regard to your comments below regarding the improvements requested by the Orange County Fire
Marshal's office, attached please find an amended exhibit for your review/comment. The exhibit has removed
the gravel along the shoulder of Dairyland Road and now identifies that the existing gravel driveway will heused
to allow the Fire Department to access the existing hydrant. Please let mp know if this proposal is acceptable to
your office. |f you have any question please feel free to contact me.
Thank you,
Pete
Pennoni
4Oz Providence Road, Suite Z0U| Chapel Hill, NCl75z4
Direct: 919-230-9214 | Mobile: 919-609-6111
From: Edwards, Charles N
Sent: Wednesday, July 19,2O179:59AM
To: Peter Bellantoni Jones, DeAn8e|nJ< Jason Shepherd
D�v8�d�u�(� Subject: RE: 20170202 Fire Flow Test for Triple Crown Farms - Dairyland Road
m
Apologies the 11. hour on this. |nreading the e-mail thread, there appears to have been
considerable conversation about access to the OWASA hydrant at this location. While I completely understand
and support the need for adequate access to this hydrant, I'm concerned about unintended consequences of the
proposed 12'X40' gravel pad on the shoulder of Dairyland Road. Specifically, I am concerned about the
maintenance implications of loose gravel kicked out on the pavement and safety impacts to high bicycle traffic
volumes. |t does not appear that the existing shoulder has sufficient width to accommodate the truck without
encroaching in a lane. Also the pad may become a popular pull off or parking area for the general public that
may be difficult to control. In keeping with our recommendations to volunteer fire departments for rural water
point access, | request that you consider alternatives that more safely accommodate fire truck access and
minimize impacts to the road and traffic. Modification of the existing driveway throat to allow vehicles to
completely pull off the pavement is suggested. Happy to have additional conversation with the stakeholders to
arrive at the best solution.
Charles N. Edwards Jr., PE (Chuck)
District Engineer
N. C. Department ofTransportation
Division of Highways
Division 7, District 1
115 East Crescent Square Drive
P. O. Box 766
Graham, NC27253
<image003.pnO>
15
E-mail to and from this address is subject to the
North Carolina Public Records Law and may be disclosed br third parties.
From: Peter Bellantoni
Sent: Tuesday, July 18,2O175:19PM
To: Jones, De4nQe|o] ]�SoDShepherd
Cc: Edwards, Charles N<
Subject: RE: 20170202 Fire Flow Test for Triple Crown Farms - Dairyland Road
DeAnQelo
Thank you for the clarification. Attached are the exhibits of what vv* will be installing for the Fire
Department. I'll work with the developer on a schedule to install these improvements and we will let you know
prior toinstallation
Pete
Pennoni
4O1 Providence Road, Suite 30U| Chapel Hill, NC27S14
Direct: 919-23U-9214| Mobile: 9l9-6U9-6111
From: Jones, DeAnga|oJ
Sent: Tuesday, July 18,2D174:4GPIVI
To: Jason Shepherd �Peter8eU�ntVni� ton
Cc: Edwards, Charles N
Subject: RE: 20170202 Fire Flow Test for Triple Crown Farms - Dairyland Road
U-31���
In having further discussion internally regarding Triple Crown Fire Flow, it is our understanding that the fine
hydrant accessing the pond isexisting therefore no encroachment is required. The pavement markers and signs
should ba installed by Triple Crown upon fire department's request.
DeAngello J. Jones
Assistant District Engineer
North Carolina Department ofTransportation
336 570 6833 office
PO Box 766
115E Crescent Square Drive
Graham, NC 27253-0766
From: Jason Shepherd
_t qgglj�
Sent: Tuesday, July 18,2O174:3SPIVI
To: Peter Bellantoni
Cc: Jones, DeAnQe{oJ
Subject: RE: 20170202 Fire Flow Test for Triple Crown Farms - Dairyland Road
16
I'm unfarn0iar with the form you speak of. If have copied DAngelo Jones with NCD0Tto assist you with your
Jason
Fromm: Peter Bellantoni
Sent: Tuesday, July 18,30174:09PM
To: Jason Shepherd
Subject: RE: 20170202 Fire Flow Test for Triple Crown Farms - Dairyland Road
Jason
| hope you are doing well. | was waiting to hear back from DOT on the type of encroachment permit that
needed tnbe filed to install/implement the improvements vve talked about. With that being said, would you be
the person who isable tn sign the Encroachment Agreement? Please let nne know so that | can complete the
form. |f you have any questions, please feel free to call me.
Thank you.
Pete
Pcnmomi
40z Providence Road, Suite 2O0| Chapel Hill, mC2rsz4
Direct: 919'23O-92z4| Mobile: 919-5O9'h111
From: Jason Shepherd
Sent: Friday, April 7,lO171O:17AK4
To: Peter Bellantoni
Cc: Deputy Chief Paul Speigh[< ; Chief Steve McCauley <
Subject: RE: 20170202 Fire Flow Test for Triple Crown Farms - Dairyland Road
Peter,
This im acceptable 1ous.
Thank you,
Jason
Fromm: Peter Bellantoni
Sent: VVednesday, April 05, 2017 11:29 AM
To: Jason Shepherd
Cc: Deputy Chief Paul Speight; Chief Steve McCauley
Subject: RE: 20170202 Fire Flow Test for Triple Crown Farms - Dairy|8nd Road
Jason
With regard to the hydrant access on Dairyland Road for the Triple Crown Farms subdivision, we are getting
ready to submit the encroachment application to NCDOT for the hydrant sign and pavement reflector that we
discussed. I've attached images nf what vve are proposing 10 use for these items. Please let me know ifthese
17
will be acceptable nrif you have specific items that you would prefer. Once vve finalize these details, vvewill
submit to NCDUT for the encroachment; | will copy you on the electronic submittal.
Thank you
Pete
Pennon7
4O1 Providence Road, Suite IO0| Chapel Hill, NC275x4
Direct: 919-230-9214 | Mobile: 919-609-6111
From: Jason Shepherd
Sent Sunday, February 19, 20173:50PM
To: Peter Bellantoni
Cc: Deputy Chief Paul Spe' ht Chief Steve McCauley
Subject: Re: 20170202 Fire Flow Test for Triple Crown Farms - Dairyland Road
I'll have someone there if itdoenn1 I've copied the Chiefs mo they can meet you and discuss their needs with
you since they know their trucks better than me.
Jason
Sent from myiPad
On Feb 17, 2017, at 21:14, Peter Bellantoni <PBellantoni nnoni.corn> wrote:
Does 1 pm work for you?
Sent from my iPhone
Pennmni
401 Providence Road, Suite 200| Chapel Hill, NC275»4
Direct: 919-230-9214 | Mobile: 919-609-6111
On Feb 17, 2017, at 3:56 PM, Jason Shepherd tqj ,gQy> wrote:
Tuesday will work for me. I'll pick up the fire chief and meet you there. What
time is best?
From: Peter Bellantoni
Sent: Fridav, February 17, 20172:19PI4
To: Jason Shepherd
Subject: RE: 20170202 Fire Flow Test for Triple Crown Farms - Dairyland Road
Jason
Thank you for getting back tome with your acceptance of our proposal. In
order to finalize this, would you be available to meet with mee1 the hydrant
location tn finalize these details? Please let me know your availability next
week. Please note that I'll be out of the office onMonday. Thank you for all of
your help with this application.
Pete
Pennoni
4O1 Providence Road, Suite 2O0| Chapel Hill, NC27S14
Direct: 919-230-9214 | Mobile: 919-609-6111
From: Jason Shepherd
Sent: Tuesday, February 14,2O178:0OAK4
To: Peter Bellantoni <
Cc: Danny Jones <may Ernest Dodson
< ; Deputy Chief Paul Spei8ht« �
Chief Steve McCauley < ; Michael Harvey
Subject: RE: 20170202 Fire Flow Test for Triple Crown Farms - Dairyland Road
Um
I've spoken to the fire chief and we are satisfied with this as a water source.
When we looked at it, we noticed there was standing water in the ditch that
appears tqbe from the stopped up pipe. When w/e spoke on the phone about
this hydrant, there was mention of cleaning around it and making sure access
for the truck was accommodated. Also, are you familiar with the blue street
reflector that is placed between the edge of the road and the white line asifit's
cemented in by DOT. Can the hydrant be marked as such and cleaned around?
Jason
Jason B. Shepherd
Orange County Fire Marshal
Orange County Emergency Scmicex
Fire Marshal Division
S1O Meadowlands Drive, D0p6ommh NC 27278
9.(}. Box 8181`ffUo6or0006NC27278
Office 019\245'6161
Cellular 010267-8216
Fax 019\732-8137
19
From: Peter Bellantoni
Sent: Friday/ February 10, 2017 10:33 AM
To: Jason Shepherd
Cc: Danny Jones; Ernest Dodson
Subject: FW: 20170202 Fire Flow Test for Triple Crown Farms - Dairyland Road
]anon
Attached please find the fine flow test results for the hydrant that vve have been
discussing. VVe are looking to finalize the approval for this project vviththe
county assoon as possible so if you have anyqueotionn/uommentx, please let
me know as soon as possible. Thank you for your help with resolving this issue.
Pete
7=0
401 Providence Road, Suite 0O| Chapel Hill, NC 27514
Direct: 919-230-92141 Mobile: 919-609-6111
From: Joe Leo
Sent: Friday, February 10 20178:30 AM
To: Peter Bellantoni
Subject: RE: 20170202 Fire Flow Test for Triple Crown Farms - Dairyland Road
Attached are the results from the fire flow test.
Joe
From: Peter Bellantoni
Sent: Thursday, February O2 201712:38PM
To: Joe Leo
Cc: Danny Jones <
Subject: 2D17O2O2 Fire Flow Test for Triple Crown Farms 'Dairy|andRoad
Joe
Attached please find our request (including map) to have OWASA perform a fire
flow test on the existing hydrant onDairy|ondRoad. The check and hard
copies of the attachments will be delivered to your office aa soon as
possible. Thanks for your help with this project.
Pete
Peter Bellantoni, PIE
72-7irt ��
401 Providence Road, Suite 2UU 1 Chapel Hill, NC 27514
Direct: 919-23O-9214| Mobile: 919-609-6111
<image8B1.^pg>
C1
PARTNERS FOR WHAT'S POSSIBLE
NOTICE: In accordance with the North Carolina general statutes, chapter
132, this email address is subject to North Carolina public records law. As
such, please note that all inbound and outbound messages are subject to
requests for review and may be disclosed to third parties.
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
Email correspondence to and frorn this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
Email correspondence to and front this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
16 Parkside Lane, LLC
2807 Homestead Road — The Station at Homestead— Chapel Hill, NC 2'7516
February, 21, 2018
I hereby give permission to the Orange County Fire Department to pull in and use my
driveway at 318 Dairyland Road, Chapel Hill, NC so they may easily access and get
water from the adjacent fire hydrant. Future maintenance of these improvements shall
be the responsibility of the Orange County Fire Department.
Kelly Bla6kwo d
, Vo
318 Dal lad
Chapel Hill, NC 27516
21
22
Patrick R. Mallett
From:
K4idlae| Harvey
Sent
Wednesday, February 14,201O1(ll9AK4
To:
Peter Bellantoni
Cc:
Patrick R.K4aUett; Craig Benedict; Chuck Edwards Contact
Subject:
Triple Crown
The purpose of this e-mail is to once again outline what has to happen to address the road issues for the aforementioned project
created by the commencement of earth disturbing activity without required permits/approval from NC Department of
Transportation (DOT).
Per the Resolution of Approval for the project ayapprovedbvLhe0OCC,andbasadontheapp|icant'ssubmkta|ondtheoriginal
project engineers design, all roads were to be constructed to applicable NC DOT public road standards with the ultimate goal to
have them maintained by DOT once completed and 'petitioned'for acceptance. This was the original proposal (i.e. develop
roadways to applicable NC DOT standards) and that ultimately is the 'route' approved by the County.
Based on all the information we have available to us the roads/stream crossings DO NOT comply with applicable NC DOT public
road standards/requirements as determined by the District Engineer (Copied herein to ensure consistency).
Argument as to why is pointless as I have alluded to in separate e-mail conversations.
Aam result, the project needstobere'approvedsothenzadvvovscanbenonstructedtotheapp|icab|eCountypriveteroad
The County did not create this conundrum and is trying to afford you an opportunity to address. if that opportunity isnot
welcomed, then | am not sure what | can do to be of assistance.
Further reexamination ofhow we got to this point isa waste nfresources. From n1y standpoint itb clear how vva got here. My
suggestion is that you provide the necessary assistance so the project can move forward and be re-approved with roadways
developed to the applicable County private road standard. | should mention there are going tobm issues associated with this
path given staff has not inspected any of the construction given this was to be built to public road standards as
permitted/administered/enforced by DOT.
Good morning.
Michael D. Harvey A|CP,CFyN,CZO
Current Planning Supervisor — Planner III
Orange County Planning Department
131 West Margaret Lane
PO Box 8181
/919\245-2597(phVne)
Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may
be disclosed tothird parties.
23
Patrick R. Mallett
Fromm Craig Benedict
Sent: Monday, February 12,20l8ll26AK4
To: Danny Jones; Michael Harvey
Cc: Peter Bellantoni; Chuck Edwards Contact; Patrick R. K4aUett
Subject: RE: Triple Crown Farms, Orange County NC Final Plat Approval
Thank you—no need to independently review
From: Danny Jones [n1aUto:mavulakm@gnlai|.cnnl
Sent: Friday, February O9/20189:]9AM
To: Michael Harvey
Cc: Craig Benedict; Peter Bellantoni; Chuck Edwards Contact; Patrick R. Ma||d±
Subject: R8: Triple Crown Farms, Orange County NC Final Plat Approval
My attorney has prepared u Private RMA with language that hereceived from your Orange County staff <n meet your
needs. [um happy toforward this t0 you i[ you would like.
Thank, you,
Danny Jones
On Fri, Feb 9, 2018 at 8:14 AM, Michael Harvey <niharve i� an&�cogntynggqv> wrote:
Actually per Section(s) 7.4.6, 7.4.7 and 7.5 (inclusive) of the UDO this will be required
Orange County Planning Department
131 West Mqffi�ret Lane
(phone)
f5LI.91644:�002- (fax)
Pursuant hoNorth Carolina General Statute 132, correspondence sent and received from this account is a public record and may
be disclosed to third parties.
From: Craig Benedict
Sent: Thursday, February 08, 20186:47PM
To: Peter Bellantoni; Michael Harvey; Danny Jones
Cc: Chuck Edwards Contact; Patrick R. Ma/|e(±
Subject: RE: Triple Crown Farms, Orange County NC Final Plat Approval
I would like to add that there should be a document that future homeowners are familiar with the future inability for this road
to be public. The likelihood of a future homeowners association requesting this to be maintained by NCDOT is possible and or
This is not o requirement but just trying to be proactive.
21-1 M
pne,Suite 201
From: Peter Bellantoni
Sent: Thursday, February 08 20188:57AM
To: Michael Harvey; Danny Jones
Cc: Chuck Edwards Contact; Craig Benedict; Patrick R. Md||et1
Subject: RE: Triple Crown Farms, Orange County NC Final Plat Approval
As indicated in Danny Jones's email below, attached please find the inspection and testing reports
25
Pennon!
Direct: |mnbile: ±IJaI9 609-6111
From: Michael Harvey
Sent: Tuesday, January 30,2U189:3OAM
To: Danny Jones <
Cc: Peter Bellantoni < ; Chuck Edwards Contact < ;CraigBenedict
< �PotrickR.��oU���
Subject: RE: Triple Crown Farms, Orange County NC Final Plat Approval
I believe your summation is accurate.
I feel it necessary, however, to summarize how we got here from the information I have available to me:
L Pennoni submitted construction drawings to NC DOT for review to build the approved roadways, which per the County
approved subdivision application were to be constructed to public road standards. Said standards which are interpreted
and enforced by the local NC DOT engineering division;
2. Penmzni also Submitted required permit applbaiionb\ho: Orange County Erosion Control, US Army Corps of
Engineering, and Current Planning for authorization to commence earth disturbing activities. From rny perspective all
approvals were given by the County with the understanding road work would not commence until appropriate DOT
permits had been issued given the fact they were originally proposed, by the applicant as part of the subdivision
submittal, 0ohe built to the applicable public road standard;
3. There are conflicting view points from the various involved parties (i.e.Pennoni and DOT staff) onwhat happened
next. All that is clear to me is that roadwork improvements were initiated without required DOT approval, without
required DOT permits, and without required DOT inspections;
4. There are also, apparently based on what staff has heard from the various parties, conflicting view points of what should
and should not be allowed by NC DOT with respect to these roadways;
M
5. According to Pennoni and the applicant, addressing the issues created by the commencement of roadway construction
absent DOT approval and permitting would create an extreme impact to local waterways. Further it has been suggested
incorporating DOT required modifications to the roads at this point would negatively impact the previously issued Army
Corps. Permit;
6. At this stage the applicant is seeking to amend the approved subdivision to have the roads privately maintained by local
property owners.
NC DOT haschosen' not to take over these roads as work was commenced without required permits, without required
,nspections, and roadway improvements are apparently'out of compliance' with the applicable standards as determined by t1i
'ocal DOT engineer. Language indicating this was some form of 'conscious' choice is very misleading.
County Planning staff cannot help the fact there has been purported tension(s) and disagreement(s) between DOT staff and your
engineer. As I am sure you will respect we cannot serve as an arbiter in these matters.
In closing, and in my opinion: all of this could have been avoided.
We are happy to assist getting the request expedited to the best of our abilities to allow the project to move forward. Having
said that we are also interested in a fair representation of the facts, from both sides, ensuring a transparent process.
MEME=
Michael D. Harvey AICP, CFM, CZO
Current Planning Supervisor — Planner III
Orange County Planning Department
131 West Margaret. Lane
MORI:- M0363
t919 ) 245:2597 (phone)
7
Pursuant to North Carolina General Statute II2, correspondence mentandneceivedhonthbaccountisapub|icrecord and may
be disclosed to third parties.
x/
o
From: Danny Jones
Sent: Tuesday, January 30,20189:04AM
To: Michael Harvey
Cc: Peter Bellantoni; Chuck Edwards Contact; Craig Benedict; Patrick R. Mal|et1
Subject: Re: Triple Crown Farms, Orange County NC Final Plat Approval
2
It is my understanding that you spoke with Mr. Edwards yesterday and that he will be composing 8 draft for
Additionally, you will receive all inspection reports this week (Summit Engineering and Modulus from
you shortly, hopefully this week, explaining why NCDOT has chosen not to take over the roads.
Peter Bellantoni a1Pe000ni per your request.
T appreciate everyone's assistance im this matter.
Danny Jones
On Mon, Jan 29,2018 at 11:38 AM, Michael Harvey <mha-rvUCa,)oran --,ecou
Thank you for the update. Will also need all inspections results, if any, from DOT om well outlining compliance or lack thereof
Harvey frorn your files.
Michael D. ,
Current Planning Supervisor -- Planner III
131 West Mar re t (wane
0191-2-452-25-92 (phone)
919 (1444 -3002 (fax)
Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may
be disclosed to third parties.
From: mayolake0a,gmail.corn [mailto: "a olake mail.com]
Sent: Monday, January 29, 2018 10:25 AM
To: Michael Harvey
Cc: Peter Bellantoni; Chuck Edwards Contact; Craig Benedict; Patrick R. Mallett
Subject: Re: Triple Crown Farms, Orange County NC Final Plat Approval
Michael,
Thank you for this clarification regarding a letter from Mr. Edwards.
Regarding your anticipated questions, these are best answered by Summit Engineering and Modulus Engineering who
have both done design work and have proper documentation on this project. From what they tell me the state is already
maintaining projects across the state of North Carolina just like what they designed and we built at the proposed site.
My understanding from our September 28, 2017 meeting is that the state wanted poured walls like what you see on a
major interstate overpass crossing because of the size of the pipe that was specified.
The structure that these Engineering firms have designed far exceeds the need demanded by the ten proposed homesites
this may serve. I believe Mr. Edwards will support this statement.
The current bridge crossing on Gallant Fox Crossing has cost in excess of $500,000.00. To remove the current
structure and replace with poured walls would be astronomical, not to mention the negative environmental impact.
co
Please confirm that this answers your anticipated questions so that once we get the letter from Mr. Edwards you will be
fully prepared to present this to your Planning Board and BOCC members.
I appreciate your assistance in moving forward with this project.
Danny Jones
Sent from my Whone
On Jan 29, 2018, at 9:35 AM, Michael Harvey <Lnharve wrote:
y@,__-g-
oran g�q
Yes. I need something in writing from Mr. Edwards on your proposal indicating he has no issues with the roads
being private.
Please also know I anticipate my Planning Board and BOCC members to ask this specific question:' what has not
been built to state standard, what would have to be done to rectify, and what would the cost be'
Michael D. Harvey AICP, CFM, CZO
Current Planning Supervisor - Planner III
mum
131 West Mar ret Lane Ra
919 245-259'i (phone)
Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public
record and may be disclosed to third parties.
From: may-Wake- ftma. Uc—orn
Sent: Monday, January 29, 2018 9:33 AM
30
To: Michael Harvey
Cc: Peter Bellantoni; Chuck Edwards Contact; Craig Benedict; Patrick R. Mallett
Subject: Re: Triple Crown Farms, Orange County NC Final Plat Approval
Michael,
Thank you for your response. Please clarify if Chuck Edwards needs to sign off on this as well. It is my
understanding that Chuck Edwards was unable to be at your recent meeting where he would have signed
off on this prior to the application being resubmitted to Orange County planning so it can go to the
commissioners.
There has been no action on this since September 28, 2017. My reason for writing this email is to get
everyone on the same page so my project can move forward.
Please clarify if Chuck Edwards needs to sign off on this before it goes before the County
Commissioners again.
Thank you,
Danny Jones
Sent from my iPhone
On Jan 29, 2018, at 8:27 AM, Michael Harvey <!n—hamz �qorqrweqqu"t �,pv> wrote:
You are correct in your assessment from my perspective but I will say this: Before any more
work is done, the County Commissioners will need to approve the modification of their previous
approval calling for public roads for this project (as originally proposed by the applicant). if they
do not approve same, it is unclear to me what will have to occur to address the matter
Michael D. Harvey AICP, CFM, CZO
Current Planning Supervisor -- Planner III
31
Orange County Planning Department
1.31 West_ a t Lane
[9_19),245 -259" (phone)
j.alq) 644--3002 (fax)
Pursuant to North Carolina General Statute 1.32, correspondence sent and received from this
account is a public record and may be disclosed to third parties,
From: Danny Jones [qiailt(�L aka o
ft m-qy—QL --g- —t(L—M
Sent: Monday, January 29, 2018 8:14 AM
To: Peter Bellantoni; Chuck Edwards Contact; Craig Benedict; Michael Harvey; Patrick R. Mallett
Subject: Triple Crown Farms, Orange County NC Final Plat Approval
To All Parties Involved,
Triple Crown Farms is very close to paving the roads, and my goal is to get final plat
approval for the roads to be private. I appreciate input from all of you to make this
happen in a timely manner.
As you are aware, on September 28, 2017, Peter Bellantoni & myself went to Raleigh and
met with Chuck Edwards and a group of his engineers. We discussed creek crossings,
right of way issues and retaining walls. Upon leaving that meeting, we agreed that
NCDOT did not want to take the roads over due to creek crossings which were dictated
by the Army Corp of Engineers. It is my understanding that the Army Corp of Engineers
and NCDOT are not on the same page. Originally, the preliminary plat was approved by
Orange County commissioners based on state maintained roads.
Now I seek to get final plat approval for private roads. Who needs to sign off on this and
how soon can we get this done? I would also like to mention that I have documentation
from Summit Engineering and Modulus Engineering stating that all roads and bridges
were built to state specs.
Bottom line here is that I have resubmitted my application, and it is my understanding
that I need the blessing of the Orange County commissioners to sign off on private roads
(vs State roads) and now I am told that NCDOT needs to sign off on this as well.
I appreciate a response from all parties.
Thank you,
Danny Jones
10
32
Patrick R. Mallett
From: Danny Jones <mayolake4bgmai|zom>
Sent: Friday, February 09,2Ul89:39AM
To: Michael Harvey
Cc: Craig Benedict Peter Bellantoni; Chuck Edwards Contact; Patrick KK4aUett
Subject: Re: Triple Crown Farms, Orange County NC Final Plat Approval
My attorney has prepared 8 Private RM/\with language that he received from your Orange County staff k) meet your
needs. I 8zo happy to forward this 10 you if you would like.
Thank you,
Danny Jones
On Fri, Feb 9, 2018 at 8:14 AM, Michael Harvey <mharveyfy) ouruy gq)
Actually per Sectionb\7.4.G 7.4.7and7.,5Undwsive\oftheUDOthhmiUberequired
Current Planning Supervisor — Planner III
Orange County Planning Department
131 West Marggretlane
(phone)
Pursuant Uz North Carolina General Statute 132, correspondence sent and received from this account ise public record and may
be disclosed to third parties.
From: Craig Benedict
Sent: Thursday, February 08/201B6:47PM
To: Peter Bellantoni; Michael Harvey; Danny Jones
Cc: Chuck Edwards Contact; Patrick R. Mallett
Subject: RE: Triple'Crown Farms, Orange County NC Final Plat Approval
| would like toadd that there should beedocument that future homeowners are familiar with the future inability for this road
tobepublic. The likelihood of a future homeowners association requesting this to be maintained by NCDOT is possible and or
probable.
This is not requirement but just trying to be proactive.
Thank you
131 W. Ma aaret Lane Suite 201.
llffiog��61U
Hillsborough, NC 27278
cbenedic
From: Peter Bellantoni
Sent: Thursday, February 08/ 3018 8:57 AM
To: Michael Harvey; Danny Jones
Cc: Chuck Edwards Contact; Craig Benedict; Patrick R. MO||et1
Subject: RE: Triple Crown Farms, Orange County NC Final Plat Approval
As indicated in Danny Jones's email below, attached please find the inspection and testing reports
Pennoni
Direct: | Mobile:
From: Michael Harvey
Sent: Tuesday, January 3{\20189:38AK4
To: Danny Jones
Cc: Peter Bellantoni <PBellantoni_@JIIqnnoni.com>; Chuck Edwards Contact <cnedwards n�gdot.goy>; Craig Benedict
2
PathokR.P�nUdt
Subject: RE: Triple Crown Farms, Orange County NC Final Plat Approval
I believe your summation is accurate.
| feel it necessary, however, tm summarize how vve got here from the information [ have available tome:
l. Pennoni submitted construction drawings to NC DOT for review to build the approved roadways, which per the County
approved subdivision application were to be constructed to public road standards. Said standards which are interpreted
and enforced bx the local NC DOT engineering division;
2. Pennoni also submitted required permit amdication(s) to: Orange County Erosion Control, US Army Corps of
Engineering, and Current Planning for authorization to commence earth disturbing activities. From my perspective all
approvals were given bvtheCuuntyvviththeunderstandinQnoadvvorkvvmu|dnmtconnnnenceunti|opprophateD0T
permits had been issued given the fact they were originally proposed, by the applicant as part of the subdivision
submittal, tobe built tn the applicable public road standard;
3. 'There are conflicting viewpoints from the various involved parties (Le. Pennoni and DOT staff) on what happened
next. All that is clear to me is that roadwork improvements were initiated without required DOT approval, without
required DOTpermits, and without required DOT inspections;
4. There are also, apparently based on what staff has heard from the various parties, conflicting view points of what should
and should not be allowed bymC DOT with respect to these roadways;
5. According to Pennoni and the applicant, addressing the issues created by the commencement of roadway construction
absent DOT approval and permitting would create an extreme impact to local waterways. Further i1 has been suggested
incorporating DOT required modifications to the roads at this point would negatively impact the previously issued Army
Corps. Permit;
MMEMONUM
NCDOThasthosen' not bm take over these roads ae work was commenced without required permits, without required
inspections, and roadway improvernents are apparently 'out of compliance' with the applicable standards as determined by the
local DOT engineer. Language indicating this was some form oftnnsoious' choice io very misleading.
County Planning staff cannot help the fact there has been purported tension(s) and d' DOT staff and your
engineer. As I am sure you will respect we cannot serve as an arbiter in these matters,
In closing, and in my opinion: all of this could have been avoided.
We are happy toassist getting the request expedited to the best of our abilities to allow the project to move forward. Having
said that we are also interested in a fair representation of the facts, from both sides, ensuring a transparent process.
Good morning
NUM
Current Planning Supervisor — Planner III
Orange County Planning Department
131 WesLMarggret Lane
�100T.w3w
Pursuant to North Carolina General Statute 132, correspondence sent and received from this account bapublic record and may
be disclosed to third parties.
From: Danny Jones
Sent: Tuesday, January 3U,2O189:U4AM
To: Michael Harvey
Cc: Peter Bellantoni; Chuck Edwards Contact; Craig Benedict; Patrick R. Md/|ett
Subject: Re: Triple Crown Farms, Orange County NC Final Plat Approval
37
Michael,
It is my understanding that you spoke with Mr. Edwards yesterday and that he will be composing a draft for
you shortly, hopefully this week, explaining why NCDOT has chosen not to take over the roads.
Additionally, you will receive all inspection reports this week (Summit Engineering and Modulus Engineering) from
Peter Bellantoni at Pennoni per your request.
I appreciate everyone's assistance in this matter.
Thanks,
Danny Jones
On Mon, Jan 29, 2018 at 11:38 AM, Michael Harvey <Mbarvey( wrote:
Thank you for the update. Will also need all inspections results, if any, from DOT as well outlining compliance or lack thereof
from your files.
Michael D. Harvey AICP, CFM, CZO
Current Planning Supervisor — Planner III
Orange County Planning Department
131 West Mar area Line
L919 Z45�- Z 59-1 (phone)
_ ___
12-1-aL6 L413 00 Z (fax)
Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may
be disclosed to third parties.
NE;
From: ma Lake d)gMgff.coLn [ma i Ito: Mgyolal��@ll.L.Qm
DL_y_q _L
Sent: Monday, January 29, 2018 10:25 AM
To: Michael Harvey
Cc: Peter Bellantoni; Chuck Edwards Contact; Craig Benedict; Patrick R. Mallett
Subject: Re: Triple Crown Farms, Orange County NC Final Plat Approval
Michael,
Thank you for this clarification regarding a letter from Mr. Edwards.
Regarding your anticipated questions, these are best answered by Summit Engineering and Modulus Engineering who
have both done design work and have proper documentation on this project. From what they tell me the state is already
maintaining projects across the state of North Carolina just like what they designed and we built at the proposed site.
My understanding from our September 28, 2017 meeting is that the state wanted poured walls like what you see on a
major interstate overpass crossing because of the size of the pipe that was specified.
The structure that these Engineering firms have designed far exceeds the need demanded by the ten proposed homesites
this may serve. I believe Mr. Edwards will support this statement.
The current bridge crossing on Gallant Fox Crossing has cost in excess of $500,000.00. To remove the current
structure and replace with poured walls would be astronomical, not to mention the negative environmental impact.
Please confirm that this answers your anticipated questions so that once we get the letter from Mr. Edwards you will be
fully prepared to present this to your Planning Board and BOCC members.
I appreciate your assistance in moving forward with this project.
Danny Jones
39
Sent from my Whone
On Jan 29, 2018, at 9:35 AM, Michael Harvey <LphqrvU '?)raiXp wrote:
Yes. I need something in writing from Mr. Edwards on your proposal indicating he has no issues with the roads
being private.
Please also know I anticipate my Planning Board and BOCC members to ask this specific question: 'what has not
been built to state standard, what would have to be done to rectify, and what would the cost be'
MEW
Current Planning Supervisor - Planner III
Orange County Planning Department
131-West Mgmarqt Lane
Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public
record and may be disclosed to third parties.
From: mayolake a) ail com [ma Ito.-mayo LakeP mail com]
C-gm-- - mm— — - -g--
Sent: Monday, January 29, 2018 9:33 AM
To: Michael Harvey
Cc: Peter Bellantoni; Chuck Edwards Contact; Craig Benedict; Patrick R. Mallett
Subject: Re: Triple Crown Farms, Orange County NC Final Plat Approval
Michael,
Thank you for your response. Please clarify if Chuck Edwards needs to sign off on this as well. It is my
understanding that Chuck Edwards was unable to be at your recent meeting where he would have signed
off Oothis prior to the application being resubmitted to Orange County planning so it can go 10 the
uozouzomiouecS.
There has been no action on this since September 28, 2017. Mv reason for writing this email is to get
everyone nn the same page soozy project can move forward.
Please clarify /[ Chuck Edwards needs t0 sign off mo this before it goes before the County
Commissioners again.
Thank you,
Danny Jones
Sent from myWhmue
On Jan 29, 2018, at 8:27 AM, Michael Harvey <mharveyCa)
You are correct in your assessment from n)y perspective but ! will say this: Before any more
work is done, the County Commissioners will need to approve the modification of their previous
approval calling for public roads for this project (as originally pnopomedbytheappUcant). if they
do not approve same, it is unclear to me what will have to occur to address the matter
Michael D. Harvey A|CP,CFM,CZO
Current Planning Supervisor — Planner III
Orange County Planning Department
131 Wg_�t_MkrAarqLLa�e
�����
019 44-30_02 (fax)
41
Pursuant to North Carolina General Statute 132, correspondence sent and received frorn this
account is a public record and may be disclosed to third parties.
From: Danny Jones [nL1aftQ:nXdy
..Qlakf!@gmWl,,(orn]
Sent: Monday, January 29, 2018 8:14 AM
To: Peter Bellantoni; Chuck Edwards Contact; Craig Benedict; Michael Harvey; Patrick R. Mallett
Subject: Triple Crown Farms, Orange County NC Final Plat Approval
To All Parties Involved,
Triple Crown Farms is very close to paving the roads, and my goal is to get final plat
approval for, the roads to be private. I appreciate input from all of you to make this
happen in a timely manner.
As you are aware, on September 28, 2017, Peter Bellantoni & myself went to Raleigh and
met with Chuck Edwards and a group of his engineers. We discussed creek crossings,
right of way issues and retaining walls. Upon leaving that meeting, we agreed that
NCDOT did not want to take the roads over due to creek crossings which were dictated
by the Army Corp of Engineers. It is my understanding that the Army Corp of Engineers
and NCDOT are not on the same page. Originally, the preliminary plat was approved by
Orange County commissioners based on state maintained roads.
Now I seek to get final plat approval for private roads. Who needs to sign off on this and
how soon can we get this done? I would also like to mention that I have documentation
from Summit Engineering and Modulus Engineering stating that all roads and bridges
were built to state specs.
Bottom line here is that I have resubmitted my application, and it is my understanding
that I need the blessing of the Orange County commissioners to sign off on private roads
(vs State roads) and now I am told that NCDOT needs to sign off on this as well.
I appreciate a response from all parties.
Thank you,
Patrick R. Mallett
From: Steve Kaltenbach
Sent: Wednesday, January 31,20IOI2i0PM
To: Patrick R. K4aUeit; Michael Harvey; Howard W. Fleming
Subject: Triple Crown Farms
The revised plan set for the Triple Crown Farms received 1/26/18 doesn't require an erosion control or stormwater modification
from the previously approved plan. It is my understanding that the Contech 43'x2O' crossing located on Gallant Fox Crossing Rd
which does have 401/404 approval will not be approved by DOT without wing walls. The plan is to not build the wing walls and
instead of making the road a public road the road will be private. Therefore the revised plan set has been submitted for approval
as required by0OCC.
Steve
Patrick R. Mallett
From: Michael Harvey
Sent: Tuesday, January 3O,2O189:38AK4
To: Danny]nnes
Cc: Peter Bellantoni; Chuck Edwards Contact; Craig Benedict; Patrick R. Mallett
Subject: RE: Triple Crown Farms, Orange County NC Final Plat Approval
I believe your summation is accurate.
|feet it necessary, however, to Summarize how we got here from the information I have available to me:
1. Pennoni submitted construction drawings to NC DOT for review to build the approved roadways, which per the County
approved subdivision application were tobe constructed bo public road standards. Said standards which are interpreted
and enforced by the local N[ DOT engineering division;
PennVni also submitted required permit mpp|icationhJto: Orange County Erosion Control, US Army Corps of
Engineering, and Current Planning for authorization to commence earth disturbing activities. From nny perspective all
approvals were given bythe County with the understanding road work would not commence until appropriate DOT
permits had been issued given the fact they were originally proposed, by the applicant as part of tile subdivision
submittal, tobe built tmthe applicable public road standard;
3. There are conflicting viewpoints from the various involved parties (i.e. Pennoni and DOT staff) on what happened
next. All that is clear to me is that roadwork improvements were initiated without required DOT approval, without
required DOT permits, and without required DOT inspections;
4, There are also, apparently based onwhat staff has heard from tile various parties, conflicting view points of what should
and should not be allowed by0CDOT with respect to these roadways;
5. According to Pennoni and the applicant, addressing the issues created by the commencement of roadway construction
absent DOT approval and permitting would create an extreme impact to local waterways. Further b has been suggested
incorporating DOT required modifications to the roads at this point would negatively impact the previously issued Army
Corps. Permit;
6. At this stage the applicant is seeking to amend the approved subdivision to have the roads privately maintained by local
property owners.
NC DOT has 'chosen' not to take over these roads as work was commenced without required permits, without required
inspections, and roadway improvements are apparently 'out of compliance' with the applicable standards as determined bvthe
local DOT engineer. Language indicating this was some form of 'conscious' choice is very misleading.
County Planning staff cannot help the fact there has been purported tension(s) and disagreement(s) between DOT staff and your
engineer. As I am sure you will respect we cannot serve as an arbiter in these matters.
We are happy to assist getting the request expedited to the best of our abilities to allow the project to move forward. Having
said that we are also interested in a fair representation of the facts, from both sides, ensuring a transparent process.
MA
Michael D. Harvey AICP, CFIV1, CZO
Current Planning Supervisor— Planner III
Orange County Planning Department
131 West Margaret Lane
PO Box 8181.
Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may
be disclosed to third parties.
From: Danny Jones [mailto:mayolake@gmail.com]
Sent: Tuesday, January 30, 2018 9:04 AM
To: Michael Harvey
Cc: Peter Bellantoni; Chuck Edwards Contact; Craig Benedict; Patrick R. Mallett
Subject: Re: Triple Crown Farms, Orange County NC Final Plat Approval
Michael,
It is my understanding that you spoke with Mr. Edwards yesterday and that he will be composing a draft for
you shortly, hopefully this week, explaining why NCDOT has chosen not to take over the roads.
Additionally, you will receive all inspection reports this week (Summit Engineering and Modulus Engineering) from
Peter Bellantoni at Pennoni per your request.
I appreciate everyone's assistance in this matter.
Thank-s,
Danny Jones
On Mon, Jan 29, 2018 at 11:38 AM, Michael Harvey <mharve fx orarn,-_ecount ync.gQv> wrote:
Thank you for the update. Will also need all inspections results, if any, from DOT as well outlining compliance or lack thereof
from your files.
Michael D. Harvey AICP, CFM, CZO
Current Planning Supervisor — Planner III
Orange County Planning Department
131 West _Margqret Lane
F90-190=11":
919 6443002 (fax)
45
Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may
Yee disclosed to third parties.
From: in ai corn [mailto:mayolaL(o maifl.com]
jLayala
le@gm—I...--- - -@g— —
Sent: Monday, January 29, 2018 10:25 AM
To: Michael Harvey
Cc: Peter Bellantoni; Chuck Edwards Contact; Craig Benedict; Patrick R. Mallett
Subject: Re: Triple Crown Farms, Orange County NC Final Plat Approval
Michael,
Thank you for this clarification regarding a letter from Mr. Edwards.
Regarding your anticipated questions, these are best answered by Summit Engineering and Modulus Engineering who
have both done design work and have proper documentation on this project. From what they tell me the state is already
maintaining projects across the state of North Carolina just like what they designed and we built at the proposed site.
My understanding from our September 28, 2017 meeting is that the state wanted poured walls like what you see on a
major interstate overpass crossing because of the size of the pipe that was specified.
The structure that these Engineering firms have designed far exceeds the need demanded by the ten proposed homesites
this may serve. I believe Mr. Edwards will support this statement.
The current bridge crossing on Gallant Fox Crossing has cost in excess of $500,000.00. To remove the current
structure and replace with poured walls would be astronomical, not to mention the negative environmental impact.
Please confirm that this answers your anticipated questions so that once we get the letter from Mr. Edwards you will be
fully prepared to present this to your Planning Board and BOCC members.
W.
T appreciate your assistance io moving forward with this 'ect.
Danny Jones
Sent from uyW4louc
On Jan 29, 2018, at 9:35 AM, Michael Harvey <mharve qjpjij-y!��pupt . Yo ote:
Yes. |need something in writing from Mr. Edwards on your proposal indicating he has no issues with the roads
being private.
Please also know I anticipate my Planning Board and BOCC mern be rs to ask this specific question: 'what has not
been built tmstate standard, what would have tobe done to rectify, and what would the cost be'
Current Planning Supervisor — Planner III
Orange County Planning Department
1011007,43V3|
(919) 245-2597 (phone)
f2lJ9 644-3002 (fax)
Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public
record and may be disclosed to third parties.
Fromm:
Sent: Monday January 29, 20189:33AM
To: Michael Harvey
Cc: Peter Bellantoni; Chuck Edwards Contact; Craig Benedict; Patrick R. Ma||ett
Subject: R8: Triple Crown Farms, OnnDye County NC Final Plat Approval
47
Thank you for your response. Please clarify if Chuck Edwards needs to sign off on this as well. It is my
understanding that Chuck Edwards was unable to be at your recent meeting where he would have signed
off on this prior to the application being resubmitted to Orange County planning so it can go to the
commissioners.
There has been no action on this since September 28, 2017. My reason for writing this email is to get
everyone on the same page so my project can move forward.
Please clarify if Chuck Edwards needs to sign off on this before it goes before the County
Commissioners again.
Thank you,
Danny Jones
Sent from my Whone
On Jan 29, 2018, at 8:27 AM, Michael Harvey <Lnhary an ecountync4ov> wrote:
You are correct in your assessment from my perspective but I will say this: Before any more
work is done, the County Commissioners will need to approve the modification of their previous
approval calling for public roads for this project (as originally proposed by the applicant). If they
do not approve same, it is unclear to me what will have to occur to address the matter
Michael D. Harvey AICP, CFM, CZO
Current Planning Supervisor — Planner III
Orange County Planning Department
131 West MqMaLet Lane
900 Offl
.Ca19)_Z15-25 7 (phone)
W.
f9.191 644 -3001 (fax)
Pursuant to North Carolina General Statute 132, correspondence sent and received from this
account is a public record and may be disclosed to third parties.
From: Danny Jones [rnai Ito. mWolake@gmail.(jc in]
Sent: Monday, January 29, 2018 8:14 AM
To: Peter Bellantoni; Chuck Edwards Contact; Craig Benedict; Michael Harvey; Patrick R. Mallett
Subject: Triple Crown Farms, Orange County NC Final Plat Approval
To All Parties Involved,
Triple Crown Farms is very close to paving the roads, and my goal is to get final plat
approval for the roads to be private. I appreciate input from all of you to make this
happen in a timely manner.
As you are aware, on September 28, 2017, Peter Bellantoni & myself went to Raleigh and
met with Chuck Edwards and a group of his engineers. We discussed creek crossings,
right of way issues and retaining walls. Upon leaving that meeting, we agreed that
NCDOT did not want to take the roads over due to creek crossings which were dictated
by the Army Corp of Engineers. It is my understanding that the Army Corp of Engineers
and NCDOT are not on the same page. Originally, the preliminary plat was approved by
Orange County commissioners based on state maintained roads.
Now I seek to get final plat approval for private roads. Who needs to sign off on this and
how soon can we get this done? I would also like to mention that I have documentation
from Summit Engineering and Modulus Engineering stating that all roads and bridges
were built to state specs.
Bottom line here is that I have resubmitted my application, and it is my understanding
that I need the blessing of the Orange County commissioners to sign off on private roads
(vs State roads) and now I am told that NCDOT needs to sign off on this as well.
I appreciate a response from all parties.
EEO
Patrick R. Mallett
From: Michael Harvey
Sent: Monday, January 29, 2018 11:39 AM
To: mayolake@gmail.com
Cc: Peter Bellantoni; Chuck Edwards Contact; Craig Benedict; Patrick R. Mallett
Subject: RE: Triple Crown Farms, Orange County NC Final Plat Approval
Thank you for the update. Will also need all inspections results, if any, from DOT as well outlining compliance or lack thereof
from your files.
Michael D. Harvey AICP, CFM, CZO
Current Planning Supervisor— Planner III
Orange County Planning Department
131 West Margaret Lane
PO Box 8181
(919) 245-2597 (phone)
(919) 644-3002 (fax)
Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may
be disclosed to third parties.
From: mayolal(e@gmail.com [mailto:mayolake@gmail.com]
Sent: Monday, January 29, 2018 10:25 AM
To: Michael Harvey
Cc: Peter Bellantoni; Chuck Edwards Contact; Craig Benedict; Patrick R. Mallett
Subject: Re: Triple Crown Farms, Orange County NC Final Plat Approval
Michael,
Thank you for this clarification regarding a letter from Mr. Edwards.
Regarding your anticipated questions, these are best answered by Summit Engineering and Modulus Engineering who
have both done design work and have proper documentation on this project. From what they tell me the state is already
maintaining projects across the state of North Carolina just like what they designed and we built at the proposed site.
My understanding from our September 28, 2017 meeting is that the state wanted poured walls like what you see on a
major interstate overpass crossing because of the size of the pipe that was specified.
The structure that these Engineering firms have designed far exceeds the need demanded by the ten proposed homesites
this may serve. I believe Mr. Edwards will support this statement.
The current bridge crossing on Gallant Fox Crossing has cost in excess of $500,000.00. To remove the current
structure and replace with poured walls would be astronomical, not to mention the negative environmental impact.
Please confirm that this answers your anticipated questions so that once we get the letter from Mr. Edwards you will be
fully prepared to present this to your Planning Board and BOCC members.
I appreciate your assistance in moving forward with this project.
50
Danny Jones
Sent from my iPhone
On Jan 29, 2018, at 9:35 AM, Michael Harvey <! LilLaiLy" couRt gQ
c.v> — wrote:
ytIL
Yes. I need something in writing from Mr. Edwards on your proposal indicating he has no issues with the roads
being private.
Please also know I anticipate my Planning Board and BOCC members to ask this specific question: 'what has not
been built to state standard, what would have to be done to rectify, and what would the cost be'
Michael D. Harvey AICP, CFM, CZO
Current Planning Supervisor -- Planner III
Orange County Planning Department
131 West Margaret Lane
PO Box 8181.
Pursuant to North Carolina General Statute 1.32, correspondence sent and received from this account is a public
record and may be disclosed to third parties.
From: mayQkkQ@gn1pfl.&om [maiIto:mavoLake@qma�iI,,cQM]
Sent: Monday, January 29, 2018 9:33 AM
To: Michael Harvey
Cc: Peter Bellantoni; Chuck Edwards Contact; Craig Benedict; Patrick R. Mallett
Subject: Re: Triple Crown Farms, Orange County NC Final Plat Approval
Michael,
Thank you for your response. Please clarify if Chuck Edwards needs to sign off on this as well. It is my
understanding that Chuck Edwards was unable to be at your recent meeting where he would have signed
off on this prior to the application being resubmitted to Orange County planning so it can go to the
commissioners.
There has been no action on this since September 28, 2017. My reason for writing this email is to get
everyone on the same page so my project can move forward.
Please clarify if Chuck Edwards needs to sign off on this before it goes before the County
Commissioners again.
Thank- you,
Danny Jones
Sent from my iPhone
On Jan 29, 2018, at 8:27 AM, Michael Harvey <iiharye y agr an eco4-n. y y> wrote:
You are correct in your assessment from my perspective but I will say this: Before any more
work is done, the County Commissioners will need to approve the modification of their previous
51
approval calling for public roads for this project (as originally proposed by the applicant), If they
do not approve same, it is unclear to me what will have to occur to address the matter
Michael D. Harvey AICP, CFM, CZO
Current Planning Supervisor — Planner III
Orange County Planning Department
131 West Margaret Lane
PO Box 81.81
(91.9) 245-2597 (phone)
(919) 644-3002 (fax)
Pursuant to North Carolina General Statute 132, correspondence sent and received from this
account is a public record and may be disclosed to third parties.
From: Danny Jones [tnaiLtQLmayolake@.gLiiail.coiTi]
Sent: Monday, January 29, 2018 8:14 AM
To: Peter Bellantoni; Chuck Edwards Contact; Craig Benedict; Michael Harvey; Patrick R. Mallett
Subject: Triple Crown Farms, Orange County NC Final Plat Approval
To All Parties Involved,
Triple Crown Farms is very close to paving the roads, and my goal is to get final plat
approval for the roads to be private. I appreciate input from all of you to make this
happen in a timely manner.
As you are aware, on September 28, 2017, Peter Bellantoni & myself went to Raleigh and
met with Chuck Edwards and a group of his engineers. We discussed creek crossings,
right of way issues and retaining walls. Upon leaving that meeting, we agreed that
NCDOT did not want to take the roads over due to creek crossings which were dictated
by the Army Corp of Engineers. It is my understanding that the Army Corp of Engineers
and NCDOT are not on the same page. Originally, the preliminary plat was approved by
Orange County commissioners based on state maintained roads.
Now I seek to get final plat approval for private roads. Who needs to sign off on this and
how soon can we get this done? I would also like to mention that I have documentation
from Summit Engineering and Modulus Engineering stating that all roads and bridges
were built to state specs.
Bottom line here is that I have resubmitted my application, and it is my understanding
that I need the blessing of the Orange County commissioners to sign off on private roads
(vs State roads) and now I am told that NCDOT needs to sign off on this as well.
I appreciate a response from all parties.
Thank you,
Danny Jones
52
Patrick R. Mallett
From: Peter Bellantoni xPNd|ontnni@Pennonizom>
Sent: Tuesday, January 23,2Ol83:4OPK4
To: Patrick R. K4oUett
Subject: FW: Triple Crown Farms Subdivision Road Minimum Construction Standards
Pennon!
4U1 Providence Road, Suite 208| Chapel Hill, NCZ75l4
Direct: 919-230-9214 | Mobile: 919-609-6111
From: Peter Bellantoni
Sent: Tuesday, January 9, 2018 2:48 PM
To: 'Jones, DeAnge|o]'
Cc Edwards, Charles N K��hae|Horvey Smith, 3havvnF Subject: RE: Triple Crown Farms Subdivision Road Minimum Construction Standards
DeAn8ek\
Happy New Year, | hope you enjoyed theho|idays. Kelly informed me that you called earlier today regarding this application and
| apologize for not responding to your email sooner. | had spoken with Chuck on17/21/17 and indicated to him that the
applicant had decided to seek an amended subdivision approval from Orange County requesting to have the roads classified as
private. During our conversation, Chuck indicated that if that was the route we intended to go then the DOT would not have any
objection to the project/roads except that a permanent driveway permit would need to be obtained (Chuck please confirm). We
will be submitting this application to Orange County shortly. |f you have any questions or need any additional information,
please let nneknow.
Thank you,
Pete
From: Jones, DoAnQe|oJ
Sent: Thursday, December 7, 2017 5:08 PM
To: Peter Bellantoni
Cc Edwards, Charles N Michael Harvey 3mith, Shawn F
Subject: Triple Crown Farms Subdivision Road Minimum Construction Standards
Hello Mr. Bellantoni
The District office is following up on Triple Crown Farms Subdivision. Based upon review of the plans and supporting documents
by the NCDOT District office and Special Studies Review Unit, it has been determined that Triple Crown Farms subdivision does
not meet the current minimum construction standards for subdivision roads. Comments, design requirements, and
interpretation of standards were given to the applicant at a meeting with representatives from Special Review Unit and District
staff. From recent conversations it was stated because the submitted design does not meet NCDOT minimum standards that the
applicant b seeking private road designation throuQhOrengaCountyprooesses.Ifyouvvou|dp|easecon0rmthattheoubdivision
designation has been changed from public roads tu private roads.
Please note a permanent driveway permit is required to be submitted to the District office for review and approval.
If you have any questions please feel free to contact the District Office at the number below.
DeAngelo J. Jones
Senior Assistant District Engineer
North Carolina Department ofTransportation
336 570 6833 office
PO Box 766
115E. Crescent Square Drive
Graham, NC; 27253-O7OG
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
Patrick R. Mallett
Fromm Peter Bellantoni <PBd|entoni@Pennonizom>
Sent: Tuesday, August 01,20174:04PIVI
To: Patrick R. MaUett
Subject: Triple Crown Farm Subdivision
Attachments: 20I7088I-PKLA Pavement Reduction Request.pdf
Pat
Thanks for meeting with Danny Jones and | back in June to discuss the reduction of pavement width for the internal subdivision
roads within the Triple Crown Farm subdivision. Attached is the draft letter toCraig. Please let me know your thoughts. If you
are good with it, I'll send you the final copy
Thanks
Pete
Pennoni
40z Providence Road, Suite 2OO | Chapel Hill, wC375x4
Direct: 919-230-9214 | Mobile: 919-609-6111
PARTNERS FOR WHAT'S POSSIBLE
August 1, 2017
Orange County Planning Department
200 South Cameron Street
P.O. Box 81O1
Hillsborough, NC27278
Attention: Craig Benedict, Director
c/o Patrick K8aUett,Planner
Di Providence Road, Suite 200
cxapexol,mc27s14
T: 919-929-1.173
F: 919-493-6548
n,mumn,ex: p'1267
www.vennon/.com
RE: Proposed ' Reduction for
Internal Subdivision Roadways
Triple Crown Farms
'
Triple Crown Dr�e
Chapel Hill, ^ County, NC Orange
Project: PKLA1601
Dear Mr. Ma|let:
'
On June 14, 2014, the Orange County Board of County Commissioners granted the Owner/Applicant (16
Parkside Lane, LLC) of the Triple Crown Farms project Preliminary Subdivision Plat Approval. The referenced
approval proposed to construct two (2) internal subdivision roadways (Secretariat Court and Gallant Fox
Crossing) to provide access to the individual residential lots. Each of these roadways is required to be
located within a minimum 50-foot wide right-of-way and both were proposed to be constructed with a 20-
foot paved width.
On behalf of the Owner/Applicant, Pennoni Associates is requesting a Minor Administrative Change to this
approval to reduce the paved widths of these roadways from 20 feet to 18 feet. The reduction request is
being made based on the following:
• The requested 18-foot pavement width would be consistant with the (18') pavement width of
previous phase of this development. At present, VVhidavvay Lane has o pavement width ofl8feet.
• The reduction in pavement width will reduce the proposed impervious area within the right-of-way.
^ �
• The reduction in pavement width will reduce initial road construction costs as well as long-term
maintenance and replacement costs for the entity that will take responsibility for these roadways.
It should also be noted that thg pavement width (using a shoulder section) within n5O-foot
Right-of-Way meets the minimum design criteria for local subdivision roads in the NCDOT
Subdivision Roadway Design Manual. During your review of the above, should you have further
questions or comments, please do not hesitate to contact noeatthe office.
56
0 "wigglif Iii, gail' *Q,
Engineering / Erosion 131 W. Margaret Lane
Control / Stormwater Suite 201
(919) 245-2575 ORANIC")E COL ,IN"ry P. 0. Box 8181
(919) 644-3002 (FAX) NOR" 114 CAROLINA Hillsborough, NC 27278
www.orangecountync.gov
Monday, February 27, 2017
Mr. Danny Jones .
16 Parkside Lane LLC
2807 Homestead Rd.
Chapel Hill, NC 27516
Re: Erosion Control Plan Approval for Land-Disturbing Activity in Orange County, NC
Permit Number: ECI 7-0019
Project Name: Triple Crown Farms
Parcel ID Number: 9850910030
To Person(s) Conducting Land Disturbing Activity:
Approval of the Erosion Control Plan for this site is hereby granted. This letter and its attached
conditions, approvals, comments and statements becomes part of the approved Erosion Control
Plan for this land-disturbing activity.
The land-disturbing permit (Erosion Control Permit) will be issued at the Pre-Construction
Conference. No timbering, grading, or other land - disturbing activities may occur riot to
this conference. Please read the attached Conditions of Approval carefully in order to understand
your responsibilities and liabilities. After reading the Conditions of Approval, please sign and
return the Letter of Acknowledgement provided. Failure to comply with the erosion control
requirements of the Orange County Unified Development Ordinance may result in a stop work
order, fines and/or penalties.
Sincerely,
Howard W. Fleming, Jr., PE
Engineering / Stormwater Supervisor
hfleming@orangecountync.gov
S:\5-Erosion Control and Water Quality\Erosion Control and Water Quality\Jobs by year\New Work
17\ Orange\ Triple Crown Farms\ COATriple Crown.docx 1
57
Margaret Engineering / Erosion 131 W.
Control Stormwater Suite 201
♦ s 245-2575
Hillsborough,
www.orangecountync.gov
ymn
Permit Number: EC1 0019 Jurisdiction: Orange
Project Name: Triple Crown Farms PIN or TMSL: 9850910030
Permit Date: February y 7, 2017
.1.6 Par°kside Lane 11c is listed as the entity responsible on the Statement of Ownership and
Financial Responsibility form submitted for this site. (If you are not the owner /developer or
other responsible person, please take this opportunity to correct this error as soon as possible;
otherwise, you will be considered responsible.) Although you will probably contract someone
(a general contractor, grading contractor, subcontractor, etc.) to actually implement and
maintain the erosion control plan, it is your responsibility, according to the Orange County
Unified Development Ordinance, to see that the requirements of the Ordinance and approved
plan are achieved. It is also your responsibility to ensure the approved plan is successful in
containing sediment on -site and that all permanent erosion control measures are successful. If
these responsibilities are not fulfilled and enforcement and /or legal actions are taken, it will be
against 1.6 'I'a:urgkside Lane LLC, not the grading contractor or other contractor, unless they are
the same person or firm.
Erosion Control personnel will cooperate with you and your designer and contractor to
implement the approved plan and meet the Ordinance requirements. To accomplish this, both
you and your agents must take the initiative in contacts with Erosion Control personnel.
However, this interaction must not be interpreted as relieving you of any responsibilities and
transferring it to the contractor or Erosion Control personnel. Neither should it be construed
that Erosion Control personnel are acting as liaison between you and your designer,
contractors, or other agents. If problems arise, Erosion Control personnel will suggest solutions;
however these are only suggestions, since Erosion Control personnel will not act as your
engineer. If necessary you must employ your engineer or architect to design a solution.
We will continue to work with you, your contractor, and designer, and we will contact
personnel at the site whenever possible to keep the site in compliance (as long as all of you are
responsive). If this approach fails, and you do not take the initiative in responding to requests
for compliance, you will be given written notices of violation and enforcement action will be
taken should you fail to respond by the specified deadlines. It is hoped, and is our commitment,
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Conditions of Approval
Revised 8/06/14
that the Brat approach to inspections and compliance will be enoceam/ul and that u good
working relationship can be established and maintained.
In undertaking this be aware of and observe He following
requirements of the Ordinance.
• PRIORITIES: Erosion and sediment control must be given equal, or greater if necessary,
priority with grading, construction, and other efforts to develop the site. A1 certain times
/for example, during initial construction and when repairs and maintenance are
required) erosion and sediment control will require more effort to ensure success.
• EXPIRATION: Erosion control plan approval expires if work does not begin within 18
cuoutbo of the date of this letter. The land-disturbing permit expires with the plan
approval or two years after work begins.
• THE WEATHER: Assume that this site will get at least one 6-hour, 10-year storm event
(0.67 bubeo/bonr for 6 bmnrm) and be prepared to boodle the resulting runoff and
control the erosion it will cause on the site. D[ your site ia located within the NeuoeRiver
Basin, then erosion control measures must be designed to withstand the 25-year storm.
• INITIATIVE: '16 1[larkmide Lane LLC uznmt take the initiative in implementing the
erosion control plan. This includes seeing that the cmoabocdoo aegue000 is followed,
inspecting the iuobmIlmd devices, yedbrodog maintenance and iuebUiog additional
devices when necessary. Do not wait for Erosion [nnbwl personnel to discover
problems; their function is not to act as your construction inspector but to spot-check the
site for compliance with the approved plan. When Erosion Control personnel discover
problems and there has been no initiative on your part to make corrections, you will be
expected to make corrections immediately, usually within one or two days.
� OTHER APPROVALS AND PERMITS: This must comply with all local, State,
and Federal environmental laws. You must have all necessary applicable approvals (i.e.,
zoning compliance, Department mdTransportation, US Army Corps of Engineers, Y4[
Division of Water Resources, sewer and water, ehc.\ required tobegin this project anLbmt
work can continue uninterrupted to completion and there are no delays that will
increase erosion and sediment generation. If these approvals are not obtained and work
is onopmmled while waiting for them, the site will have to be stabilized oobl work
resumes. If m Land-disturbing permit has not been obtained, it is your responsibility to
ensure that Uio purchased before work begins.
v
PROPERTY LINES, CLEARING LIMITS, ETC.: 1.6 Paxkside Lane LLCie responsible
for determining where the property lines and clearing limits are, and for staying within
those boundaries. You are also responsible for locating, and protecting such things am
setbacks, water quality buffers, absorption field sites, flood plains, protected wetlands,
undisturbed areas, trees tube saved, etc.
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Conditions of Approval
Revised 8/06/14
PERFORMANCE: The Ordinance is performance oriented. If it is determined that
sediment damage (sediment lost off site or into streams, water bodies, or buffers) is
occurring despite proper implementation and maintenance of the approved plan, it is
your responsibility to provide additional sediment trapping and/or erosion control
measures. Although the plan has been carefully reviewed, unexpected difficulties may
be inevitable, and you must resolve them.
RESTORATION OF AREAS DAMAGED BY SEDIMENT: You will be required to
restore waters and land affected if you fail to prevent sediment damage resulting from
this activity. This is in addition to any other penalty or injunctive relief.
CHANGES TO THE PLANS OR IN OWNERSHIP: If significant changes are required
to the approved plan, then you must have your designer make revisions and submit
copies to the Division upon request. If the site plan is revised in any way that affects
erosion and sediment control, you must inform us and submit revised plans. If
ownership of this project changes and responsibility is transferred to another person,
you or the new owner must inform us in writing with pertinent information such as
contact name, address, telephone and fax numbers. Otherwise, 16 1"arl(side Larke LLC
will be considered responsible. If you did not supply this office with the names and
addresses of all members of your partnership you are responsible for supplying them
with copies of this letter and any other correspondence from this office related to this
project.
COMPLETION OF DISTURBANCE IN AS SHORT A TIME AS POSSIBLE:
Sediment-trapping devices are not 100% effective in removing soil particles from runoff.
Therefore, the Ordinance requires that all land-disturbing activities be planned and
conducted to limit exposure to the shortest feasible time. To accomplish this requirement
construction must be continuous and uninterrupted until completion and permanent
stabilization. If construction is interrupted or delayed or the project is abandoned, the
site must be stabilized with adequate ground cover.
PROVIDE YOUR CONTRACTORS WITH A COPY OF THE APPROVED PLAN:
Make sure your contractor has a copy of the approved erosion control plan, has
considered it in their bid, and is prepared to proactively implement the plan. If phases of
the plan will be conducted by different subcontractors, 16 Parkside Lane 11C must
ensure that their efforts are coordinated so that the approved plan is followed: For
example: if the clearing and installation of the sediment trapping devices will be done by
different contractors, the clearing must not get ahead of construction of the devices. As
stated in the approved plan, the initial clearing must be limited to only that area
necessary to gain access to and install the erosion and sediment control devices.
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Conditions of Approval
Revised 8/06/14
* COORDINATION BETWEEN CONTRACTORS AND : you
must ensure that sediment and umuioo control is coordinated during timbering,
clearing, grading, and construction eo that controls and devices are maintained and not
removed or damaged. If this site is subject to NCGO10000, logbook maintenance should
also bocoordinated.
* KEEP A COPY 0FTHE APPROVED PLAN ON THE SITE:The plan must lmavailable
to the contractor and inspection personnel. Faibzre to d000ie aviolmdon.
m DISPOSAL OF CLEARING AND DEMOLITION DEBRIS AND CONSTRUCTION
WASTE: All debris and waste resulting from development of the site 6nmh
dmozoGobed structures, construction *vadr, etc.) must be properly disposed of in
accordance with local and State regulations. Open burning of trees, limbs, stumps, and
construction debris is prohibited. Concrete, stumps and other clearing debris and
construction waste must be carried to appropriately permitted landfills.
^
SITE INSPECTIONS: The Ordinance authorizes Erosion Control personnel to enter the
site for the purpose of investigation and inspection. Erosion Control personnel will
periodically inspect the site tmdetermine it the approved plan imbeing implemented and
ifitio successful. If problems or violations are found, the Erosion Control personnel will
attempt to contact site personnel to discuss with them and arrange corrections vvidbbz m
specified bozm. Also, a written site inspection report will be left with site personnel, in
the mailbox m+mite,ortransmitted in another manner. If you, or your contractor, have
4ueoboom about the inspection report contact the Erosion Control personnel
immediately -do not wait until the deadline to start asking questions.
p COMMUNICATIONS: Io addition tu leaving inspection reports oo-obe,a copy will be
ozaUmd and/or faxed to164'arkside Lane LLC. As the entity responsible for the land-
disturbing activity, you should ensure compliance with the approved erosion control
yIuo and see that your contractor corrects violations by the given deadline. Erosion
Control personnel are generally in their offices and available by phone between 8:00 and
9:00 a.m. and 4:30 and 5:OO y.nu, and have mobile phones as well. Feel free tocontact
them with any questions mrconcerns.
~
PERSONNEL, EQUIPMENT, AND MATERIALS MUST BE AVAILABLE FOR
MAINTENANCE AND REPAIRS AT ALL TIMES: Maintenance iyo critical element of
the erosion control plan needed to ensure that devices continue to operate effectively.
You must be prepared to work on the devices when the need arises. In order to do this,
you may consider stockpiling certain materials such as stone, sediment fence and wire,
etc.
� PREPARING FOR WORK: Before beginning the project be certain that all necessary
materials, such oo skimmers, riseraboctures, pipes, etc., are available and ready for
delivery or already on site.
S:\5-Erosion Control and Water Quality\Erosion Control and Water bvyear\0aw Work
61
Conditions of Approval
Revised 8/06/14
0 ENFORCEMENT ACTIONS: If there is, inadequate response to a verbal request or
Notice of Violation, m you fail toproperly implement the approved plan, enforcement
action will be taken against the 1.6 Parkside Lane LL[to bring the site into compliance.
Actions may include:
Stop Work Orders: All work not directly related to erosion and sediment control
and bringing the site into compliance, including building construction, must cease
until the site io brought into compliance.
Permit: Revocation of the Land-disturbing All work not directly related to erosion
and sediment control and bringing tbe site into compliance, including building and
home construction, must cease until the site is brought into compliance and another
permit ia purchased at the current rate. The Permit fee im$4574,0O.
fiugm: $5000 per day may be assessed per violation. Payment o/fines or for another
permit ia the responsibility of16 Parkmide Lane Ll,C', not your contractor.
Relief: Injunctive Legal action will be initiated in Superior Court to restrain the
violation and bring the site into compliance.
* : Disturbed areas must be stabilized within 7 or 14 calendar days of
terouiooduo / completion of any phase of grading per the following guidelines by u
temporary / permanent ground cover sufficient to restrain erosion.
Perimeter dikes, and slopes -7days
High Quality '
Slopes 2:1or steeper -7days
Slopes between 2:1 and 3:1 greater than 1O' in length - 7daya
Slopes between 2:l and 3J less than 1O'6u length -14days
Slopes between 3:1 and 4:l less than 50'in length -l4days
Slopes between 3:I and 4:1 greater than 5O'bz length -7days
Slopes flatter than 4:1-l4days
Am long aa grading is not suspended more than the specified time period, the disturbed
areas do not have tobe stabilized until final grade io reached. However, if work is
delayed nr suspended for more than the specified time period and you are given a
written notice to stabilize it grading the area again does not allow you to disregard the
notice. If an area is to be worked again, it must bo graded and stabilized by the given
deadline. When construction is completed, all disturbed areas must have a permanent,
stabilizing ground cover applied within the specified time period.
The intent of this requirement isto limit erosion 6x completing the disturbance and
stabilizing disturbed areas iumo short obom aa possible. Io avoid stabilizing the 000z
area several times, schedule work eu that grading and other construction are
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62
Conditions of Approval
Revised 8/06/1.4
coordinated. When a particular area is finished, permanently stabilize it immediately
instead of waiting until the end of the project to stabilize the entire site at once.
SUCCESS OF PERMANENT MEASURES: These measures (vegetation, other types of
stabilization, channel linings, energy dissipaters, etc.) must be successful in restraining
erosion. For example: If an annual plant (such as annual ryegrass) is used instead of a
perennial for permanent stabilization, it is the responsibility of the owner to reseed and
establish a permanent vegetative cover when the annual fails after one season. If
vegetation in a ditch or channel fails to survive and establish a permanent cover so that
erosion is restrained, then some other type of lining, such as matting or stone, must be
provided by the owner.
MAINTENANCE OF PERMANENT MEASURES: Maintenance is the responsibility of
the owner except those measures in a street or utility right-of-way accepted by a
government agency.
APPEALS: You have the right to appeal the following: disapproval of the erosion
control plan; modifications to the erosion control plan; any conditions of approval; and
enforcement actions. Procedures are outlined in Section 2.26 of the Ordinance. Hearings
are conducted by the North Carolina Office of Administrative Hearings.
'111 1
1111 ' 1111111� �111111 I I! pilli 1 !1111 ml�
Several conditions specific to this project must be met as conditions of approval for the erosion
control plan, before any work may begin. These are discussed below.
1- 1 myst acknowled&g.,ili wrffliqr that
a fin a
yiiu have its re .1ire'nenta .... . — , ld-�!
tO ell',LIM that )LIL—Y2111,
_�Ei I observe these
re(Ilki i.nents-A letter of acknow nkent is in.chided,
... ....... .
2, Since the landd disttirban(.v will, be
-gyrea t(. r than one a :jg
stormwater disCfLa ti vi
.12g!.-1pJtfi)r construction ac fiesjm]n010000 app lieu � Lg..,fl1is site,
10
A c Vy of lh(-,�-current Pennit w_."_ 1. a n..... . ....._..n. : nemo disclissi flig_rg 111 11
are
a;tl na l'i °.d for
Y
3. Since the land dish.irbance Will be at(,
a r )n
C e the 'elf-h ectk
e ts
pi _1211tsI mnt to I te North Caroliw..: Sedinientat ion . Pcffltition Control Act
. . . ..... . ...
to this site. A notice iIII eing disgissii t1l n
are attaclied to y YLIK
review.
4.
.. "inn t Steve Kaftenbad'i. at 919-245-2588 to schedule_11ig
cons truc lion conference.
o ro
ypical atten&es iire the Owner aLidj Re s tath _Er)sion Q rd I Des'
E 'eneral Contractor and Gradin
_PzO cc G
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63
Conditions of Approval
Revised 8/06/14
We look forward to working with you toward the successful completion of this project. If you
have questions about this letter or project, do not hesitate to contact Erosion Control personnel
at the telephone number in the letterhead.
Failure to appeal these conditions in writing within 15 days after receipt of this letter, or
initiation of land-disturbing activity, signifies your acceptance of these conditions of approval of
the erosion control plan and your intention to observe and implement the conditions.
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.A
Conditions of Approval
Revised 8/06/14
Letter of Acknowledgement
J
Engineering / Erosion Control / Stormwater Division
Orange County Plai-ming and Inspections
Post Office Box 8181
Hillsborough, NC 27278
Re: Acknowledgment of Receipt and Reading of Letter of Erosion Control Plan Approval for:
Project Name:
Triple Crown Farms
Permit Number:
ECI 7-0019
Parcel Number:
9850910030
To whom it may concern:
I, a person with authority to execute instruments for Triple Crown Farms, acknowledge that I
have received this letter and the Conditions of Approval attachment, have read them,
understand the requirements, and am prepared to ensure that my contractors, agents, etc. will
observe these requirements and the approved erosion control plan. I also acknowledge that I
am ultimately responsible for compliance with the approved erosion control plan and the
Ordinance, and for ensuring that the plan is successfully implemented.
Please note that this site may have additional requirements regarding stormwater runoff during
construction as noted below:
Land disturbance at this site will be less than one (1) acre therefore it does not
require an NPDES stormwater discharge permit for construction, nor does it require
self-inspection pursuant to the North Carolina Sedimentation Pollution Control Act.
Land Disturbance at this site will be one (1) acre or more; therefore the following
additional requirements apply to this site:
1. Self-Inspection pursuant to the North Carolina Sedimentation Pollution
Control Act. I acknowledge that I have received a copy of the self-inspection
documentation.
2. NPDES general stormwater discharge permit for construction activities
(NCG010000). I acknowledge that I have received a copy of the permit, read
the permit and understand that it is my responsibility to comply with the
permit requirements. This includes but is not limited to, maintaining a rain
gauge on-site, keeping precipitation records, and conducting required
monitoring and inspections.
Signature
Please Print Name and Title Legibly
Date
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17\ Orange\ Triple Crown Farms\ COA Triple Crown. docx 9
Patrick R. Mallett
From: Michael Harvey
Sent: Wednesday, July 12,20175:l6PK4
To: Jones, DeAnge|o];'pbd|antnni@pennonicom'
Cc: Timothy A. Smith (TSmith@ Pen no ni.com); Ernest Dodson (EDodson@Pennoni.com); Chuck
Edwards Contact; Smith, Shawn F; Patrick R. K4a||ett
Subject: RE: Triple Crown Farms
Attachments: Attachment 8-Reyo0\pprova| Triple Crown Farms 30MAY2OI4 deoncop}.doc
As general reminder all roads are to be constructed to applicable NC Department of Transportation (DOT) standards per the
approved preliminary plat avid the attached resolution.
While this does not mean the roads have tmbe turned over to DOT for maintenance purposes /i.e. they could be maintained bva
local property owners association), the roads have to be designed and built to the public road standard(s) as adopted/enforced
by DOT.
Please let rne know if I can be of further assistance.
Michael D. Harvey AKCP,CFN, CZO
Current Planning Suparvismr — PbnnerU|
Orange County Planning Department
131 West Margaret Lane
P[] Box Q181
Pursuant 0o North Carolina General Statute 132, correspondence sent and received from this account isa public record and may
be disclosed to third parties.
From: Jones,
Sent: Wednesday, July 12, 20175:10 PM
To:'pbmUantoni@pennonico0'
Cc: Timothy A. Smith � Ernest Dodson ( } Chuck Edwards Contact; Smith, Shown
F; Michael Harvey
Subject: Triple Crown Farms
Hello PennnniTeam
I would like to inform you that NCDOT is currently working to issue a temporary construction driveway access permit using the
package provided (application, $50 check, plans, etc.) to bring the Triple Crown Farms development into compliance with
NCDOT policies. For future reference you will need to submit the following:
Driveway Permit
Completed Application /| will use the one submitted)
Another $50.0O check for inspection of the permanent connection
5 sets of the up to date detailed site plan/construction plans along sheets pertinent to the proposed connections
Subdivision Design Review
'5 sets of completed up-to-date sealed construction plans (including plan and profile sheets, utility plans, detail sheets,
typical sections e1c.\
Hydraulic calculations for all drainage structures
Design specifications for proposed arch culvert and design specifications for footings etc
Encroachment
Encroachment Submittal for work to be performed onDeirylend Road for Fire
Please reference the January 2010 NCDOT5ubdivbinn Roads Minimum Construction Standards Manual for additional design
information. Our office has been made aware that construction of the subject road has started prior to NCDOT plan approval
and without notification or opportunity for inspection by NCDOT staff. It is recommended that all construction activities cease.
Any subdivision roads being constructed without design approval or oversight ofNCDQT personnel will not be eligible for state
maintenance until appropriate documentation, records, and testing results certified by licensed professional engineer have
been submitted to the Department.
Thankyou
DeAngeholJones
Assistant District Engineer
North Carolina Department ofTransportation
336 570 6833 office
PO Box 766
115E. Crescent Square Drive
Graham, NC 27253-0766
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
67
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date: June 17, 2014
Name of Subdivision: Triple Crown Farm
Owner/Ap• licant: 16 Parksi•e Lane, LLC
2807 Homestead Road
Chapel Hill, NC 27516
Agent(s): Michael A. Neal and Associates, PLLC
105 W. Corbin Street
Hillsborough, NC 27278
The Board of County Commissioners hereby approves Triple Crown Farms Preliminary
Subdivision Plat, dated April 21, 2014 containing the following:
* 20 lots slated for single-family residential development with a density of one (1)
dwelling unit per every 5 acres of land area;
* 2 roadways, specifically Secretariat Court and Gallant Fox Crossing, constructed
to North Carolina Department of Transportation public road standards;
The preservation of 38.53 acres of open space as denoted on the preliminary
plat;
A 30-foot wide roadside buffer along Dairlyland Road (S. R. 1112); and
A 100-foot wide perimeter building setback around the exterior perimeter of the
project.
The approval of this resolution authorizes and directs the Orange County Manager to
accept for Orange County and on behalf of the public generally, the offer of dedication
of all publically offered areas/easements, including Secretariat Court and Gallant Fox
Crossing, without maintenance responsibility.
Per the Orange County Unified Development Ordinance (UDO) the applicant shall
maintain all common areas and proposed roadways until such time as it is accepted for
maintenance by a local homeowners association, the North Carolina Department of
Transportation, or some other governmental body.
Before the Final Plat of Triple Crown Farms can be approved by the Planning
Department and recorded within the Orange County Registrar of Deeds office the
following conditions shall be addressed:
F43
A
M
1. The Orange County Planning Department shall author a Declaration of
Restrictions (hereafter 'the document') establishing and describing the
various development restrictions, standards, conditions, and requirements
associated with development of, and within, the project.
The document shall be recorded concurrently with the Final Plat and
approved, as to form and content, by the applicant and the County
Attorney.
2. The document is not intended to serve, supplant, or take the place of any
document recorded by the applicant establishing local homeowner
covenants or deed restrictions enforced by either the applicant or an
established homeowners association.
9= - � =
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. The septic system location may restrict the size and location of
improvements.
The document shall contain this statement and further indicate information
regarding the tentative location of septic systems is available from the
Orange County Health Department, Division of Environmental Health.
Each lot that does not contain a suitable building site shall be designated
both on the Final Plat and by instrument recorded in the Orange County
Registrar of Deeds as restricted for development potential as set forth in
the UDO.
3. The owner/applicant shall not destroy trees located within identified land
use buffers, stream buffers, open space areas, or tree protection areas
denoted on the Final Plat for the installation of on-site waste disposal
system drain or repair fields.
4. No septic system shall be located within a required stream buffer as
detailed within the UDO.
5. The Owners shall include in the restrictive covenants provisions requiring
each lot owner to have their septic system serving their lot inspected by a
licensee of the North Carolina On-Site Wastewater Contractors and
Inspectors Certification Board, who is properly registered to perform such
inspections within Orange County, no less than one (1) time in every five
(5) year period (unless inspections are required more often by rule or
regulation of the Orange County Health Department) and to have the
system pumped if recommended by the inspector.
Payment for the inspections required under this condition shall be the
A FOE
responsibility of the individual lot owner or the homeowner's association
as established by the governing Homeowner's Association declaration.
These provisions shall be in a form approved by the County Attorney.
1. Each residential lot shall contain an adequate area for the development of
a well to provide potable water supporting development of the property as
approved by the Orange County Division of Environmental Health.
1. Secretariat Court and Gallant Fox Crossing shall be constructed to
standards of the North Carolina Department of Transportation in
accordance with the approved Preliminary Plat.
Each roadway shall be located within a minimum 50-foot right-of-way, with
5-foot utility easements on each side, as well as the proposed stormwater
management system. Construction shall be inspected and approved by
NCDOT.
OR
A letter of credit or escrow agreement shall be submitted to secure
construction of the aforementioned roadways to the standards of the
North Carolina Department of Transportation in accordance with the
provisions of the UDO.
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.
In this instance, the document shall state posted financial guarantee(s)
will not be released until the road construction has been inspected and
approved by NCDOT.
2. All lots shall receive access from the internal subdivision roads as
depicted on the approved Preliminary Plat. No driveway access for any of
the lots shall be permitted off of Dairyland Road.
3. An erosion control and stormwater management plan for construction for
the aforementioned roadways shall be submitted by the applicant to the
Orange County Erosion Control Division for review and approval prior to
any land disturbing activity on the site in accordance with the UDO.
4. Approved double-bladed street name signs shall be erected at the
intersection of Triple Crown Drive, Secretariat Court and Gallant Fox
Crossing as well as Dairyland Road prior to Planning Department
signatures on the Final Plat or prior to issuance of any building permit if
road construction is secured by letter of credit as described herein.
70
5. Prior to any construction or alteration of any existing access within the
right-of-way of Dairyland Road, the owner/applicant shall secure a
driveway permit from the NCDOT District Office.
The owner/applicant shall submit a copy of the NCDOT-approved permit
and NCDOT approval letter to the Planning Department prior to, or at the
same time as, the request for a grading permit is made, or before
Planning Department signatures are affixed on the Final Plat, whichever is
first.
6. Sight triangles (10' x 70') shall be shown on the Final Plat at the
intersection with each of the aforementioned roadways and Dairyland
Road.
E. Land Use Buffers and Landscaping
1 The 30-foot wide land use buffer along Dairyland Road, identified on the
approved Preliminary Plat, shall be preserved in perpetuity in accordance
with the provisions of the UDO. The document, as well as any local
covenants, shall require the applicant or future homeowners association
to preserve the required land use buffer.
2. Trees within the tree protection area denoted on the approved Preliminary
Plat shall be preserved as proposed by the applicant.
3. Upon completion of roadway improvements Planning Department staff
shall complete an inspection in the area to ascertain if additional roadway
plantings are required in accordance with the provision(s) of the UDO.
In the event additional plantings are required, the applicant shall submit a
formal landscape plan re-establishing required vegetation. The
owner/applicant shall install landscaping as indicated on the approved
Landscape Plan and the Planning Department shall inspect and approve
such landscaping before signing the Final Plat. It should be noted no part
of any additional landscaping shall encroach into the ten (10) foot by
seventy (70) foot sight triangles at the public road intersection.
OR
The owner/applicant shall submit a letter of credit or cash bond to secure
required landscape installation and preservation. The owner/applicant
shall provide, as specified within the UDO, an estimate of the cost for
required preservation, plantings and their installation. 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.
4. Provision for protection of existing trees shall be included in the Final Plat,
as well as the recorded Declaration of Restrictions as prepared by the
Orange County Planning Department.
5. Clear cutting or other removal of any trees or other vegetation on
individual lots is prohibited as specified within the UDO. This requirement
shall be further evidenced within the subdivision's recorded Declaration of
Restrictions and Final Plat.
71
6. The Landscape Plan will detail required tree plantings along common
property lines for each of the 20 proposed lots. Development of each
individual lot shall necessitate the submittal of a landscape plan providing
documentation on the installation and/or preservation of existing
vegetation to comply with established landscaping requirements detailed
within the LIDO.
7. The stream buffer and floodplain area denoted on the approved
Preliminary Plat shall be left in an undisturbed, natural state with the
exception of the approved pedestrian bridge and accompanying
pedestrian pathway installed consistent with the parameters of the UDO.
200M=
1 The applicant shall submit a final stormwater management and erosion
control plan for approval by Orange County Erosion Control prior to the
commencement of land disturbing activities.
2. Drainage easements shall be located on the Final Plat as required
following review and approval of the stormwater management plan by
Erosion Control staff.
C. Drainage culverts shall be sized and located appropriately, as required •
NCD• T and Erosion Control, • a licensed North Carolina Professional
Engineer.
LTH M-1
1 Final design capacity and flow rates for a proposed water feature intended
to serve as an emergency water access point for fire
department/emergency services personal shall be approved by the Fire
Marshal prior to the commencement of land disturbing activities.,
1 At the time of recordation of the Final Plat, the applicant shall pay to
Orange County a $9,100.00 ($455.00 times 20 lots) payment-in-lieu-of-
parkland dedication fee.
I. Construction Waste
I Per Orange County Ordinance, clean wood waste, scrap metal and
corrugated cardboard and all present construction waste, must be
recycled.
2. Per Orange County Ordinance, all haulers of construction waste must be
properly licensed.
3. Prior to any demolition or construction activity on the site the applicant will
72
hold a pre-demolition/pre-construction conference with the County's Solid
Waste staff. This may be the same meeting held with other development
officials.
�0111111111111 'I ='- I
iT
1. The Final Plat shall contain a title block and vicinity map in accordance
with the UDO.
2. The open space shall be conveyed into the Homeowner's Association
before Planning Department signatures are affixed to the final plat.
3. Tree cutting in the delineated land use buffers along the perimeter of the
project as well as Dairyland Road is prohibited except for necessary
maintenance purposes, which has to be approved by County staff prior to
any such tree cutting taking place.
4. Tree cutting/disturbance of flora within identified stream buffers shall only
be permitted as detailed within the Orange County Unified Development
Ordinance.
5. If street lighting is proposed, then a lighting plan shall be submitted to the
Planning Department for review and approval prior to purchase of lighting
fixtures from the utility provider.
Any lighting shall meet the Outdoor Lighting Standards as set forth in the
UDO.
6. A sign permit shall be obtained from Orange County for the subdivision
sign located at or near the entrance of the subdivision prior to beginning
construction.
7. Methods of disposal of trees, limbs, stumps and construction debris
associated with construction activity shall be by some method other than
open burning as required in the UDO.
1 A Certificate of Survey and Accuracy signed by a Professional Land
Surveyor shall be notarized on the face of the Final Plat.
2. A Certificate of Declaration and Maintenance in the form provided in the
LIDO 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 North Carolina Department of Transportation shall certify that the
platted portions of Secretariat Court and Gallant Fox Crossing have been
entirely constructed to State standards or that construction plans have
been approved prior to Planning Department signatures on final plat.
73
4. A Certificate of Approval signed by the Orange County Planning and
Inspections Department shall appear on the face of the final'plat.
5. All other required certificates detailed within the UDO, applicable to the
project, shall be placed on the Final Plat for signature.
74
NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that the Preliminary Plan for Triple Crown Farms Subdivision is
approved in accordance with the above mentioned conditions and attached Preliminary
Plat dated April 21, 2014.
Upon motion of Commissioner , seconded by Commissioner
the foregoing resolution was adopted this the day of
2014.
1, Donna S. Baker, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so
much of the proceedings of said Board at a meeting held on , 2014 as
relates in any way to the adoption of the foregoing and that said proceedings are
recorded in Minute Book No. of the minutes of said Board.
WITNESS my hand and the seal of said County, this _ day of )2014.
ti
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Attachment 7
PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration 131 W. Margaret Lane
(919) 245 -2575 .., Suite 201
(919) 644 -3002 (FAX) ��' SOLI N I Y P. O. Box 8181
www.orangecountync.gov N013,11 1, t::: R(.') --LIN ^ . Hillsborough, NC 27278
NEIGHBORHOOD INFORMATION MEETING
TRIPLE CROWN FARMS
MAJOR SUBDIVISION REVISION
Thursday, February 15, 2018 - 7:00 -8:00 pm
West Campus Office Building
Meeting Notes
In Attendance:
• Michael Harvey and Patrick Mallett (Current Planning Staff)
• Danny and Pam Jones (Applicants Owners /Developers)
• Pete Bellantoni, PE Pennoni (Consultant for Developer)
• Dean Shangler, Resident
• John Fong, Resident
• Cassandra Clark. Resident
• Ryan Schulteis, Resident
• Gary Mueffa, Resident
• Patti Zogas, Resident
• Scott Hess, Resident
• Jim Yamin, Resident
Staff Introduction:
• Staff welcomed attendees to the meeting.
• Staff, explained that the Neighborhood Information Meeting (NIM) was designed to be an informal
dialogue about the proposed development called Triple Crown Farms on the south side of the intersection
of Triple Crown Drive and Dairyland Road (PIN 9850 -91- 0030). Staff noted that the NIM allows
neighboring property owners ask questions about the project outside of the formal, legal constraints of a
Planning Board and BOCC meetings.
• Staff explained that the request was to revise the Major Subdivision that was approved by the BOCC on
June 17, 2014. They also outlined the process for that request.
• Staff briefly reviewed the documents and outlined the proposed changes to the road standard, pavement
width and the recordation of two of the approved lots via an exempt subdivision.
Presentation from Developers and Consultant:
• The Applicants reviewed the major elements and history of the project as well as the recent changes to the
plan. They noted that the changes result from difficulty in meeting the NCDOT design standards as they
pertain to the stream crossings. Specifically, the slope, encroachment and wing wall requirements that
would cause greater stream disturbance and development cost than was warranted for a roads that will
serve 10 lots or less.
• The applicants also reviewed the planned development schedule for the project, the differences between
Triple Crown Estates and Triple Crown Farms and potential cost sharing between the residents.
Questions/Issues Discussion from Residents:
Residents (mostly from Triple Crown Estates) asked questions regarding:
• The road design, the pavement width and stream crossing. They also want to know if they were private
would they bear any cost.
• Access to the existing and future trails and open space.
• Potential for bus stops and location of mail box kiosks.
Excerpt of Draft Minutes
Attachment 8
Minutes
Orange County Planning Board
March 7, 2018
Regular Meeting
MEMBERS PRESENT: Tony Blake (Vice- Chair), Bingham Township Representative; Patricia Roberts, Cheeks
Township Representative; Paul Guthrie, At -Large Chapel Hill Township; Kim Piracci, At- Large; Township; Alexander
Gregory, Chapel Hill Township Representative; David Blankfard, Hillsborough Township Representative; Randy
Marshall, At- Large; Adam Beeman, Cedar Grove Township; Hunter Spitzer, At- Large; Buddy Hartley, Little River
Township Representative; Laura Nicholson, Eno Township Representative;
MEMBERSABSENT: Lydia Wegman (Chair), At -Large Chapel Hill Township Representative;
STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Patrick Mallett,
Planner II; Meredith Kern, Administrative Assistant;
OTHERS PRESENT: Warren Mitchell; Wesley Boyd; Peter Bellantoni; Danny Jones; Rebecca Ryan
AGENDA ITEM 8: MAJOR SUBDIVISION — TRIPLE CROWN FARMS - To review an application involving revisions to
an approved major subdivision located in Chapel Hill Township. Revisions include a change in the road standards
from public to private.
PRESENTER: Patrick Mallett, Planner II.
Patrick Mallett reviewed that Triple Crown Estates is located to the north and is a separate development. He
indicated the location of this development on the vicinity map, as well as the location of the planned Triple Crown
Farms. He reviewed that Triple Crown Farms is a major subdivision that was approved in 2014. He shared the
preliminary plat and noted there are now 19 lots instead of 20. The developer ran into a problem with building to
NCDOT standards. To comply with 401 and 404 permitting, the developer tried to minimize disturbance along
streams by building a paved metal arc roadway that spans the creek. It will be 18 feet wide instead of the planned 20
feet. It will not meet NCDOT standards, so the developer is proposing to make it a private road. The layout and open
space of the subdivision has not changed. Patrick Mallett reviewed the plan overview and shared site photographs.
He reviewed the staff recommendation to approve the roadway with conditions that the developer submit and record
a road maintenance agreement, a disclosure statement, and evidence that sufficient access to off -site water and fire
suppression devices have been obtained. He noted the project engineer has submitted draft copies of these
requirements.
Peter Bellantoni, an engineer with Pennoni, answered questions about the culvert. He said the road itself is
constructed to NCDOT standards but the keystone blocks did not meet the standards for state roadways. The
construction and design of those meet industry standards but NCDOT requires they be reinforced concrete which are
not aesthetically pleasing and are significantly more expensive. Also, NCDOT staff wanted the developers to grade
an area off the traffic circle and the developers chose to instead install a retaining wall because that area was already
someone's backyard with a swimming pool. The roads have same pavement width and stone depth as NCDOT
requires. It also bears the amount of weight that NCDOT requires.
Rebecca Ryan, a member of the audience, said she is concerned about water quality with lawns that require fertilizer
and she is concerned that this development is not appropriate in the rural buffer. Patrick Mallett told her that is a
completely separate discussion. Also, this subdivision is already approved. The discussion this evening was only
about allowing the road to be private.
Kim Piracci asked if any lots are sold and whether the homeowners would understand the financial responsibility of
this road falls to them and whether the homeowners association would collect feeds to pay for the maintenance of
this road.
Michael Harvey said Orange County requires a meeting when a homeowners association takes over so that
:.
homeowners are fully aware.
Board members asked how much money would be put away. That was not answered.
Alexander Gregory asked what could happen to the bridge. Bellantoni said the lifespan of the bridge is 75 years. If
the homeowners maintain and seal the road, it will last.
Kim Piracci and David Blankfard are concerned that the cost will be surprisingly astronomical to the homeowners.
Bellantoni said he doesn't know what the cost will be but it will be collected and grow over time.
Patrick Mallett said there will be costs for resurfacing, paving and street trees in addition to the bridge maintenance.
Randy Marshall said the distinction is no taxpayer money will go into repairing the bridge. It is up to the homeowners
to make sure they can handle paying for this.
Tony Blake asked who is responsible if logs or debris block the huge culvert. Bellantoni answered the homeowners
association would be responsible.
Hunter Spitzer asked about the school boundary. Peter Bellantoni answered that four lots will be in the Orange
County Schools district and the rest will be in the Chapel Hill - Carrboro City Schools district.
Hunter Spitzer asked Peter Bellantoni whether the developer knowingly used material for the keystones that would
not meet NCDOT standards. Peter Bellantoni answered other regions around the state have used the same materials
and those materials were the most economical that the developer could use.
MOTION by Kim Piracci to accept the recommendation to have these roads changed from public to private with the
conditions recommended by staff. Seconded by Adam Beeman.
VOTE: 10 in favor -1 opposed (Hunter Spitzer)
LIM
Attachment 9
Resolution #. RES- 2018 -020
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date:
Name of Subdivision:
Owner/Applicant-
April 3, 2018
Triple Crown Farms
16 Parkside Lane, LLC
C/o Danny Jones
2807 Homestead Road
Chapel Hill, NC 27516
Consultants /Agent(s): Peter Bellantoni, PE
Pennoni Associates, Inc.
401 Providence Road, Suite 200
Chapel Hill, NC 27514
The Board of County Commissioners hereby approves the revised Triple Crown Farms
Preliminary Subdivision Plat, dated December 12, 2017, containing the following:
• 19 lots slated for single - family residential development with a density of one (1)
dwelling unit per every 5.4 acres of land area;
• 2 paved private roadways, tentatively named "Gallant Fox Crossing" and
Secretariat Court" constructed to private road standards per Section 7.8 of the
UDO;
• The preservation of 38.53 acres of Primary and Secondary open space as
denoted on the Preliminary Plat;
• A 30 -foot wide roadside buffer along Dairyland Road (SR1112) and Triple Crown
Drive; and
• A 100 -foot wide perimeter building setback around the exterior perimeter of the
project.
Per the Orange County Unified Development Ordinance (UDO) the applicant shall
construct, maintain and /or improve all Common Open Space areas until such time as it
is accepted for ownership and maintenance by a recorded Homeowner's Association
(HOA).
Before the Final Plat of Triple Crown Farms can be approved by the Planning
Department and recorded within the Orange County Registrar of Deeds office the
following conditions shall be addressed:
U
A
::
Declaration of Restrictions
1. The Orange County Planning Department shall author a Declaration of
Restrictions (hereafter `the document') establishing and describing the
various development restrictions, standards, conditions, and requirements
associated with development of, and within, the project.
The document shall be recorded concurrently with the Final Plat and
approved, as to form and content, by the applicant and the County
Attorney.
2. The document is not intended to serve, supplant, or take the place of any
document recorded by the applicant establishing local homeowner
covenants, or deed restrictions enforced by either the applicant or an
established homeowners association.
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. The septic system location may restrict the size and location of
improvements.
The document shall contain this statement and further indicate information
regarding the tentative location of septic systems is available from the
Orange County Health Department, Division of Environmental Health.
Each lot that does not contain a suitable building site shall be designated
both on the Final Plat and by instrument recorded in the Orange County
Registrar of Deeds as restricted for development potential as set forth in
the UDO.
3. The owner /applicant shall not destroy trees located within identified land
use buffers, stream buffers, open space areas, or tree protection areas
denoted on the Final Plat for the installation of on -site waste disposal
system drain or repair fields.
4. No septic system shall be located within a required stream buffer as
detailed within the UDO.
5. The Owners shall include in the restrictive covenants provisions requiring
each lot owner to have the septic system serving their lot inspected by a
licensee of the North Carolina On -Site Wastewater Contractors and
Inspectors Certification Board, who is properly registered to perform such
inspections within Orange County, no less than one (1) time in every five
(5) year period (unless inspections are required more often by rule or
regulation of the Orange County Health Department) and to have the
system pumped if recommended by the inspector.
Payment for the inspections required under this condition shall be the
responsibility of the individual lot owner or the homeowner's association
I
as established by the governing Homeowner's Association declaration.
These provisions shall be in a form approved by the County Attorney.
C. Wells
1. Each residential lot shall contain an adequate area for the development of
a well to provide potable water supporting development of the property as
approved by the Orange County Division of Environmental Health.
D. Roads and Access
1. The roads Secretariat Court and Gallant Fox Crossing shall be a minimum
of 18 feet wide and paved to the standards set forth in Section 7.8 of the
UDO.
Each public roadway, as well as the proposed stormwater management
system, shall be located within a minimum 50 -foot right -of -way, with 5 -foot
utility easements on each side. Construction shall be inspected and
approved by NCDOT.
OR
A Letter of Credit or escrow agreement shall be submitted to secure
construction of the aforementioned roadways to the standards Section
Section 7.4 of the UDO.
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.
In this instance, the document shall state posted financial guarantee(s)
will not be released until the road construction has been inspected and
approved by Orange County.
2. All lots shall receive access from the above private roads or Triple Crown
Drive. No driveway access for any of the lots shall be permitted off of
Dairyland Road.
3. The approved Erosion Control and Stormwater Management Plan for
construction for the aforementioned roadways shall be continued and
coordinated with the Orange County Erosion Control Division to ensure
the appropriate design, requirements and standards are met.
4. Approved double - bladed street name signs shall be erected at the
intersections of public and private streets prior to Planning Department
signatures on the Final Plat or prior to issuance of any building permit if
road construction is secured by letter of credit as described herein.
5. Prior to any construction or alteration of any existing access within the
right -of -way of Triple Crown Drive, the owner /applicant shall secure a
driveway permit from the NCDOT District Office.
The owner /applicant shall submit a copy of the NCDOT- approved permit
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and NCDOT approval letter to the Planning Department prior to, or at the
same time as, the request for a grading permit is made, or before
Planning Department signatures are affixed on the Final Plat, whichever is
f rst.
6. Sight triangles (10' x 70') shall be shown on the Final Plat at the
intersection with each of the aforementioned roadways and Triple Crown
Drive.
Land Use Buffers and Landscaping
1. The 30 -foot wide "Type B" land use buffer along Dairyland Road and
Triple Crown Drive, as identified on the approved Preliminary Plat. These
buffers shall be maintained and /or preserved in perpetuity in accordance
with the provisions of Section 6.8 of the UDO.
2. Trees within the tree protection area(s) denoted on the approved
Preliminary Plat shall be preserved as proposed by the applicant.
3. Provision for protection of existing trees shall be included in the Final Plat,
as well as the recorded Declaration of Restrictions as prepared by the
Orange County Planning Department.
4. Clear cutting or other removal of any trees or other vegetation on
individual lots is prohibited as specified within the UDO. This requirement
shall be further evidenced within the subdivision's recorded Declaration of
Restrictions and the Final Plat.
5. The Landscape Plan shall detail required tree plantings along common
property lines for each of the 19 proposed lots. Development of each
individual lot shall necessitate the submittal of a landscape plan providing
documentation on the installation and /or preservation of existing
vegetation to comply with established landscaping requirements detailed
within the UDO.
6. The stream buffer areas denoted on the approved Preliminary Plat shall
be left in an undisturbed, natural state with the exception of approved
pedestrian bridge(s) and accompanying pedestrian pathway(s) installed
consistent with the parameters of the UDO.
F. Drainage
1. The applicant shall finalize its approved stormwater management and
erosion control permits.
2. Drainage easements shall be located on the Final Plat as required
following review and approval of the stormwater management plan by
Erosion Control staff.
3. Drainage culverts shall be sized and located appropriately, as required by
Orange County.
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G. Emergency Services
1. The developer shall continue work between property owners, NCDOT and
the Orange County Fire Marshal to ensure that adequate
access /maintenance of fire water source(s) and suppression devices (e.g.
fire hydrants) has been obtained.
H. Parkland
1. At the time of recordation of the Final Plat, the applicant shall pay to
Orange County $8,645.00 ($455.00 times 19 lots) payment-in- lieu -of-
parkland dedication fee.
I. Construction Waste
1. Per Orange County Ordinance, clean wood waste, scrap metal and
corrugated cardboard and all present construction waste, must be
recycled.
2. Per Orange County Ordinance, all haulers of construction waste must be
properly licensed.
3. Prior to any demolition or construction activity on the site the applicant
shall hold a pre - demolition /pre- construction conference with the County's
Solid Waste staff. This may be the same meeting held with other
development officials.
J. Miscellaneous
1. The Final Plat shall contain a title block and vicinity map in accordance
with the UDO.
2. The open space shall be conveyed into the Homeowner's Association
before Planning Department signatures are affixed to the final plat.
3. Tree cutting in the delineated land use buffers along the perimeter of the
project as well as Dairyland Road is prohibited except for necessary
maintenance purposes, which has to be approved by County staff prior to
any such tree cutting taking place.
4. Tree cutting /disturbance of flora within identified stream buffers shall be
permitted only as detailed within the Orange County Unified Development
Ordinance.
5. If street lighting is proposed, then a lighting plan shall be submitted to the
Planning Department for review and approval prior to purchase of lighting
fixtures from the utility provider.
Any lighting shall meet the Outdoor Lighting Standards as set forth in the
UDO.
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6. Methods of disposal of trees, limbs, stumps and construction debris
associated with construction activity shall be by some method other than
open burning as required in the UDO.
7. The developer shall submit and record with the Final Plat and Declaration
of Development Restrictions the following documents:
a. A Private Road Maintenance Agreement (RMA), which shall include
language that assigns maintenance responsibility and costs for the
private roads (including stream crossings) to the HOA.
b. A Disclosure Statement for all future owners that recognizes the nature
of private roads and the costs; and states that converting these roads
to public roads would require significant design, cost and permitting by
the homeowners.
K. Certifications
1. A Certificate of Survey and Accuracy signed by a Professional Land
Surveyor shall be notarized on the face of the Final Plat.
2. A Certificate of Declaration and Maintenance in the form provided in the
UDO 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. A licensed Civil Engineer shall certify that the private roads were built as
generally indicated on the Preliminary Plat.
4. A Certificate of Approval signed by the Orange County Planning and
Inspections Department shall appear on the face of the Final Plat.
5. All other required certificates detailed within the UDO, applicable to the
project, shall be placed on the Final Plat for signature.
NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that the revisions to the Preliminary Plan for Triple Crown Farms are
approved in accordance with the above mentioned conditions and attached Preliminary
Plat dated
Upon motion of Commissioner , seconded by Commissioner
the foregoing resolution was adopted this the day of
2018.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so
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much of the proceedings of said Board at a meeting held on , 2018 as
relates in any way to the adoption of the foregoing and that said proceedings are
recorded in Minute Book No.
of the minutes of said Board.
WITNESS my hand and the seal of said County, this day of , 2018.
Clerk to the Board of Commissioners