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HomeMy WebLinkAboutAgenda - 08-21-2001-9ce~ ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 21, 2001 Action Agen4da Item No. ~..~ _ SUBJECT: Gold Mine Property -- Preliminary Plan DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) C ATTACHMENT(S): INFORMATION CONTACT: 1) Resolution of Approval Eddie Kirk, Planner II 2) Application Extension 2582 3) Vicinity Map TELEPHONE NUMBERS: 4) Agency Comments Hillsborough 732-8181 5) Preliminary Plan Chapel Hill 968-4501 6) 7-11-01 Draft Planning Board Minutes Durham 688-7331 Mebane (336)227-2031 PURPOSE: Consideration of the Preliminary Plan for Gold Mine Property. BACKGROUND: Request -Preliminary Plan Applicant: Dr. Eric Schopler Location In Bingham Township on the west side of Gold Mine Road, an existing state maintained gravel road. Subdivision follows the Conservation-Cluster Option of Flexible Development. • Minimum lot size is 40,000 square feet. • Total acreage is 41.90 acres. Lots Average Lot Size % Open Space Acres Open S ace Flexible ~9 3.08 33.7 14.12 Existin and Pro osed Conditions Existing: • Zoned Agricultural Residential (AR) (min. density = 40,000 sq. ft./ dwelling) • The property is not in a designated protected watershed. Physical Features: • There is one designated USGS intermittent stream on the west side of the tract. • The site is wooded with a mixture of pines and hardwoods. Adjacent Land Use: • Properties to the west have been subdivided previously. • Properties to the north, south and west are undeveloped. Proposed: Roads: • The Planning Board approved the Concept Plan with two private roads on December 6, 2000. • A private subdivision road (Cane Valley Lane) is proposed to extend west off Gold Mine Road. • Private Road Justification (see page 9). • No further subdivision of lots permitted. • Additional setbacks provided on each lot. • Proposed 100 foot building setback along Gold Mine Road. • Connectivity is not an option with private roads. • Streams on adjacent properly should not be impacted by road building activities. Open Space/Buffers: • Open space is wooded property designated for stream and land use buffering. • 14.12 acres (33.7%) of common area open space proposed. • 2.16 acres of in-lot open space. MTAR 3.35 on the Flexible Plan. • Homeowners Association will, maintain open space and buffers. Water-Sewer: • Individual wells. • Individual septic systems. Recreation: • Bingham District Park (9 lots x $455 = $4,095). • No dedication is warranted because no county recreation or resource area has been identified at this time. The payment-in-lieu option is viable. Agency Comments: • Comments attached from Environmental Health and Emergency Management. Develoament Process. Schedule,. and Action. Planning Board: • First Action: Concept Plan approved by the Planning Board December 6, 2000 with the following conditions: 1. The intersection and road alignment on the Preliminary Plan shall meet NCDOT standards. 2. Homeowners Association documents shall be submitted with the preliminary plan that provide for maintenance of the Open Space. 3. Construction drawings for Cane Valley Lane prepared by a NC Professional Engineer shall be submitted to and approved by the Orange County Planning Department (Erosior Control Division) prior to approval of the Final Plat. 4. A 5-foot non-vehicular access easement shall be shown on the preliminary plat for lots 1 7, 8, 9 and the common area along Gold Mine Road (SR 1957). 5. Deed a 100-foot landscape buffer easement along Gold Loop Road to the Homeowners Association prior to recordation of Final Plat. Maintenance responsibility shall remain with the Homeowners Association. • Preliminary Plan addresses conditions of approval of the Concept Plan. The subdivision design has not changed from the Concept Plan. • Second Action: 1. The Planning Board in a unanimous vote recommended approval July 11, 2001, • Third Action: Board of County Commissioners to consider the Preliminary Plan Options: 1. The Board shall consider the application within a reasonable amount of time. 2. During deliberations and consideration of the application the Board may defer consideration at any ,point to pursue additional analysis and review. 3. If Preliminary Plan is approved by the County Commissioners the applicant shal have one (1) year to prepare and file a Final Plat or to request aone-year extension from the Planning Director. 2 3 RECOMMENDATION(S): Administration Approval, in accordance with the attached Resolution of Approval. Plannin Board Approval, in accordance with the attached Resolution of Approval. Planning Staff Approval, in accordance with the attached Resolution of Approval. 3a RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date August 21.2001 Name of Subdivision Gold Mne,Pro~ert,~r Owner/Applicant _ Dr.. Eric Schopler The Board of County Commissioners hereby approves Gold Mine Property subdivision preliminary plat, dated July 27, 2000 containing 91ots, subject to the fulfillment of requirements specified herein. A. Sewage Disposal 1. Each residential lot, shall contain an adequate area for septic disposal, and repair area, approved by the Orange County Division of Environmental Health. 2. The septic system location may restrict the size and location of improvements. This disclosure shall be included in a document describing development restrictions to be recorded concurrently with the Final Plat. The document shall also disclose that information regazding the tentative location of septic systems is available from the Orange County Health Department, Division of Environmental Health. B. Roads and Access Cane Valley Lane shall be constructed to Class A private road standards within a SO-foot right-of-way. Cane Valley Court shall be constructed to Class B private road standazds within a SO foot right-of--way. Cane Valley Lane and Cane Valley Court shall be inspected and the construction certified in writing to the Orange County Planning Department by a North Carolina Professional Engineer. The location of the travelway within the platted private road right-of-way shall also be certified. OR A letter of credit, escrow agreement, or bond shall be submitted to secure construction and inspection of Cane Valley Lane to Class A private road standards and Cane Valley Court to Class B private road standazds. An estimate of the construction and certification costs must be prepared by a certified/licensed engineer or grading contractor and submitted to the Planning and Inspections Department. The financial guazantee must reflect 110% of that estimate and be issued by an accredited financial institution licensed to do business in North Cazolina. 4 The document describing development restrictions shall be recorded with the Final Plat and state that the financial guarantee will not be released until the road construction has been certified by a North Carolina Professional Engineer. 2. An erosion control plan for construction of the roads shall be submitted by the applicant to the Orange County Erosion Control Division for review and approval prior to any land disturbing activity. 3. Approved street name signs shall be erected at the intersection of streets as required in Section N-B-3-c-12 of the Orange County Subdivision Regulations. Evidence shall be submitted by the applicant that the sign is in place, or a copy of the receipt for purchase of the sign shall be submitted to the Planning Department prior to recordation of the final plat. 4. No lots shall receive access from Gold Mine Road (SR 1957). C. Land Use Buffers and Landscaping 1. Landscaping shall be installed or preserved as indicated on the approved landscape plan and shall be inspected and approved by the Planning and Inspections Department. 2. Provisions for protection of existing trees as shown on the approved landscape plan shall be included in a document describing development restrictions and requirements to be prepazed by Planning Staff and recorded concurrently with the Final Plat. D. Drainage 1. Impervious surface data, as pursuant to Article 6.23.3c.1 of the Zoning Ordinance shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. The impervious surface limitations for each lot shall indicate whether the impervious surface includes or excludes one-half (1/2) of the road width in the calculations. 2. Locate drainage easements on the final plat as required following review and approval of the Erosion Control Plan. 3. Drainage culverts shall be sized and located as required by the Orange County Erosion Control Officer. 4. A stream buffer shall be provided along the stream as indicated on the Preliminary Plan. The stream buffer shall be shown on the final plat. 5 E. Parkland Cash in the amount of $4,095.00 (91ots x $4SS) shall be paid to Orange County as payment in lieu of parkland dedication prior to recordation of final plat. 2. The open space to be shown on the Final Plat shall be irrevocably dedicated to the homeowners association for recreation/open space use by residents of the subdivision. F. Miscellaneous 1. The Final Plat shall contain a title block and vicinity map in accordance with Section V-D-2 and V-D-3 of the Orange County Subdivision Regulations. 2. The following easements shall be shown on the plat: a. drainage easements as required by D.2. above. b. a 100-foot landscape buffer easement along Gold Mine Road shall be conveyed to and maintained by the Homeowner's Association. c. S' non vehicular access easement along Gold Mine Road with the exception of intersecting street rights-of--way. 3. Minimum building setbacks shall be as indicated on the Preliminary Plan. The setback requirements shall be stated on the plat, and in a document describing development restrictions and requirements to be prepazed by Planning Staff and recorded concurrently with the Final Plat. 4. Final Covenants including Road Maintenance provisions shall be submitted by the applicant and approved by the County Attorney prior to recordation of final plat. S. Prepaze a deed conveying the open space shown on the final plat to the ~Iomeowners Association. The legal description shall be drawn up using the bearings and distances from the final plat. 6. Lots shall not be further subdivided. 7. If any condition of this Resolution shall be determined by a court of competent jurisdiction to be invalid or void, then this Resolution is void in its entirety and of no effect and the Preliminary Plat approval granted herein is rescinded. G. Certifications 1. A Certificate of Survey and Accuracy signed by a Professional Land Surveyor shall be notarized on the face of the Final Plat. 6 2. A Certificate of Declaration and Maintenance in the form provided in Section V-D-6-b of the Orange County Subdivision Regulations signed by the landowner and developer shall be on the face of the plat and included in a document describing development restrictions to be recorded concurrently with the Final Plat. 3. A Certificate of Approval signed by the Orange County Planning and Inspections Department. NOW THEREFORE BE IT RESOLVED by the Boazd of Orange County Commissioners that the Preliminary Plan for Gold Mine Property Subdivision is approved in accordance with the above mentioned conditions and attached Preliminary Plat dated July 27, 2000. Upon motion of Commissioner ,seconded by Commissioner , the foregoing resolution was adopted this the day of , 2001. I, Beverly A. Blythe, Clerk to the Boazd 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 , 2001 as relates in any way to the adoption of the foregoing and that said proceedings aze recorded in Minute Book No. of the minutes of said Boazd. WITNESS my hand and the seal of said County, this day of , 2001. Clerk to the Board of Commissioners APPLICATION FOR PRELINIINARY PLAN APPROVAL M•~TOR SUBDIVISION ORANGE COUNTY " P[,$AS$ TYPE QR PRIIN'i' (IIVIC QM.~ SUBDIVISION NAME: 1 ~ ~~ LOCATION: ~'~ ,_,J5 ~ %r~~. ~~ ~(IC:L( ~~ OWNER/DEVEI,OPER: - r ~ AI]DRESS: ~ ~ ~ ~ ' 1 ~, d . AoE1vTTicoNTAOx: ~`~~L.,,Ca r (r ~ 1' , l ~tC, A. SU1~11VIARY INFORMATION: Orange Couttry Tax Map ~~ Block Zoning District(s): ~ '_~~ Total Number of Acres: E-1.7 TELEPxorlE No.: rELEPxoNE No.: = 13Z = 38~ Township lD Total Number of Lots: fir- ,,,Average Lot Sizc: C c~ Minimum Lot Siza: ~ + . Number/Type of Structures• existing) ~ (proposed) Linear Feet in~ Streets• ~ Acres in Open Space• Cc AC . Water Supply: Public (specify) Community ^ Individual Wastewater Disposal: Public (specify) Community ~/ Individual School District: 'Fire District: General Land Uses in Area: ~ ~_... ... -'_ Critical Ares• stream/drainageways flood prone areas v'~~ (sp~~Y) historic sites other (explain) Is the property to be subdivided currently under "farm use value taxation"? Yes No / . If `~+es," pleas contact the Orange County Tax Office. Subdivision of the property may require payment of deferred tastes 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 one inch equals twenty feet (l"=20') and must contain the following information: ::. , subdivision name "'"' ~ name & address of owner(s) ..~,[ ~ ~ ;:.„ name 8c address of subdivider if other than owger) ~~ _ / rights-of--way Y ;: COAtrgl Corner name of surveyor, engineer, landscape architect or architect, address, registration # 8t seal (title) Prelimina Pl ry an ~~~ scale, north arrow x date ai' plan preparation and revisions .a,~ ; township, tax map-block-lot references ' ~~ Parent Parcel Identification # . ~ deed book and page # of property to be subdivided ~ ~ boundary described with bearings and distances }~ ' ~ . total acreage of the tract and acreage of lots, including and excluding ar'ea.within _/ zoning of tract and adjacent properties :. ~ building setback lines by notation or typical lot layout ~~ ~ ~~' . location and width of existing and proposed easements (drainage, utilities, ads, etc.) ~` existing, proposed and. adjoining rights- of-way including dimensions and street names and State Road numbers. Linear feet of road centerlines and approximaL acreage of new streetrights-of way ,, existing and proposed utilities, includin type, sizes, hydrants, valves, manholes existing and Proposed curbs, gutters am culverts, including sizes and grades location and width of alleys, sidewalks, bike lanes, transit systems, and bus stoF .. ' v typical street cross-sections and intersection derails including design any width of travelwav and shoulders t ~~~' ~~ . ~- ~ proposed lot Imes with dimensions ~.M'~ ~`~ lot ~ block numbers ,,~`'" phasing line(s) °'~~ ~. ~ '` too hat ten 10 foot intervals P ''~P Y ( ) } `~ ~ ~,. - water bodies, streams, floodways and floadplains location and size of parcels dedicated for . Public use, recreational use or reserved in >~ ` ~ .:.. °': common, with purpose noted impervious surface data (if located in S:~,G,/~:{t water supply watershed) vicinity map showing general location of subdivision with sneers and roads identified by State Road number and name _ '~ '" landscaping and buffer requirements ~"~. ~~ townshi corporate and extraterrito P~ rial Planning jutisdictioa lines which cross the ProP~Y C. OTHER SUBIVIITTAL REQiTRE1v1F1VTS 1. Twenty-five (25) copies ofthe Preliminary Plat 8 ~:• horizontal alignment, centerline radius, and genera! curve data on ail proposed streets permaoneat features such as buildings, cemeteries, historic landmarks ~. `'".: adjoining lot layout names of adjoining ProP~y owners. If subdivided, subdivision plat name, plat book & page number, and perimeter lot numbers, ~~: oration and size of lots of restricted development potential and notation on lot regarding same stotznwater detention and/or retention sites and undisturbed areas for infiltration ` / purposes (if located ;it water supply I~ - ~) identified nantral areas and wildlife corridors 2. One full size copy of as Orange County Tax map (with tax parcels involved clearly marked). 3. Where municipal or OWASA sewer is not available, a copy of the Preliminary Plat indicating Health Department approvalldenial for each lot shown thereon. 1,-4. `~ Where a private road is Proposed, a written statement by the applicant or his/her authorized representative which sets forth the jusitificatioa for a private road (see Section IV-B-3-d-1 of the Orange County Subdivision Regulations). ~J Auxiliary documents, is draft form, prepared in accordance with Section VI of this Ordinance which assure completion and/or maintenance of improvements required by this Ordhance. Such documents may include, but not be limited to, a private roa~~aintenanca ggee~ent~nd articles of incorporation and rem ve covenants ertainin to a homeowners associationx, These documents maybe required as necessary as evidence that the ordinance requiremems are being met. . Fee - $470 plus $SAO per lot (one fee for Preliminary-and Final_Plat). 7. if the subdivision contains l O lots or more, the following information shall be submitted with thb application: a. Number of years to buildotu. b. Number of houses to be bailt during each year uatit buildout: c, Average price of houses itacluding lots for each year m bualdout T, the applicant, herby certify that the foregoing application ~ compleoe and accurate. • t ~ ~~ (~~- APPLICANTS SIGNATURE OWNER'S SIGNATURE DATE ~~?3~ ~/ DATE FEES: Amount ~ / j . ~ ~ Date Paid ~~ l0 - 0 Receipt # .Z ~ ~l tf Private Road Justification for Gald Mine Property Standing in the name of: Schopler Marcus Partnership Tax Map #6.25.6A PIN #9729-94-8410 November 2, 2000 This Private Road Justification is for the 50 foot proposed private road located in the proposed subdivision entitled Gold Mine Property located on the west side of Gold Mine Road (gravel/secondary), addresses the criferia on pages 30a and 30b of the Orange County Subdivision Regulations. 1. The location and design of the subdivision is such that it clearly preserves the rural characfer of the County through: a. The provision of lot sizes and building setback lines are significantly greater than required by ordinance provisions. 1 For zoning districts have a minimum size of 40,000 square feet or less, all lots in the subdivision must be at least 80,000 square feet. ANSWER: The smallest lot size isr~.C~l G~cre5 ,the avg. lot size ~.~ 2 N/A 3 N/A 4 N/A 5 Build setbacks in all districts must be a least twice those required by OC Zoning Ordinance. ANSWER: Front = 80 feet, Side and Rear = 40 feet. b. The retention and/or provision of landscaping and use of clustering of dwelling units to screen the view of the subdivision from public roads. Etc ANSWER: In order to screen the view of the proposed subdivision, we are proposing a 30 foot Type B Land Use Buffer along Gold Mine Road. We are also proposing a cluster development where all vegetation within the 100 foot setback between the subdivision and Gold Mine Road will be preserved. All Iota will be required to use Cane Valley Lane as an entrance. Lots along Gold Mine Road (Lots ?, 8, and 9) are larger to preserve vegetation. 10 4 In subdivisions to be located in a Protected Watershed as designated in the Orange County Comprehensive Plan, steam buffers are increased by 25% above those required by Article 6.23 of OC Zoning Ordinance and impervious surface is decreased by 15% ANSWER: Said property is in the Haw River Basin and Stream buffers are 25% more than what is required in the grange County Zoning Ordinance (I ' vs ' ' and impervious surface is decreased by 15% I o vs_1~"/a) 5 The site contains topographic and environmental features, such as streams, steep slopes....that world be adversely affected by the use of roads constructed to Stated standard etc. ANSWER: Proposed road runs along side a natural drain the will be crossed only once wiith a second cul-de-sac that State designs would not permit. 6. The site is already developed 100% of the capacity which could be could be achieved after approval of the subdivision and some or all of the non- conforming aspects of existing development on the site will be made more conforming as a result of the proposed subdivision..... ANSWER: The site is already developed 100% of the capacity, which could be achieved after approval of the subdivision. All land not shown, as lots is either dedicated right-of-way or land set aside as open space. Restrictive covenants will be recorded prohibiting any further subdividing of the lots accessing this private road. No further subdivision is possible. 7. 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Klein, Chair loner H. 5autherlaad, Viee Chair orange County Board of Health Health Director C+range County Board. of health ~~~~/ ea~.~1~~ 30CrC Revere Road, P.Q. Box 8181 Hillsborough, NC 27278 wwtv.to.oranar.nc;us ~ nbe ~f~hhh/ May 8, 2001 SOIL /SITE Evaluation Summary for: Gold Mine Property Bingham Township Map 25 Lot 6A Map Date May 1, 2001 Environmental Health Division Ron Holdway, Division Director Phone: (919) 24S•2360 FAX (919) 644-: Betty Borland Barbara Stokes Chapel Hill Durham Me Administrative Assistant Office Assistant (919) 96$4501 (919) 688.7331 (919) LOT # DESIGN FLOW TYPE SYSTEM 1 480 GPD ULTRA-SHALLOW TRENCH CONVENTIONAL w/PUMP 2 480 GPD SHALLOW TRENCH CONVENTIONAL w/PUMP 3 480 GPD ~ SHALLOW TRENCH CONVENTIONAL w/PUMP 4 480 GPD CONVENTIONAL 5 480 GPD SHALLOW TRENCH CONVENTIONAL w/PUMP ' 6 480 GPD CONVENTIONAL w/PUMP ~ 480 GPD SHALLOW TRENCH CONVENTIONAL w/PUMP 8 480 GPD SHALLOW TRENCH CONVENTIONAL w/PUMP 9 480 GPD CONVENTIONAL NOTES: The design flow is based upon the number of bedrooms applied for by the property owner or developer. The design flow for a 120 gallons/day (GPD). (e. g. 480 GPD = 4 bedrooms) Proposed house locations are provided by the property owner or developer as required by 15A NCAC 18A .1900 - .1969. (The Laws Rules for Sewage Treatment and Disposal Systems) - The design flow; type system, and pump requirement are subject to change based upon the application and site plan or plat submitted the Construction Authorization. The blocked areas on the accompanying plat are the limits of the provisionally suitable soils as evaluated by the Orange County Depatrtment. It should be noted that all lots having aconventional-type drain field with pump are reviewed at a minimum of every five years by the health department as required by 15 A NCAC 18A .1961 (Maintenance of Sewage Systems). 14 Ultra Shallow Trench Conventional Systems are placed in areas with 2Q inches or mare of provisionally suitable characteristics and a 6 - inch soil cap is placed over the trenches. Shallow Trench Conventional Systems are placed in areas with 30 inches or more of provisionally suitable characteristics. Conventional Systems are placed in areas with 36 inches or more of provisionally suitable characteristics. The approved septic areas should be kept free of vehicular traffic, logging, grading and compacting activities. We recommend that the septic areas be roped or fenced during road and home construction to minimize soil disturbance. This report is for planning purposes only and does not constitute any approval. Lot approval is granted only in the form of an Improvemc Permit. grange County Emergency Management P.O. Box 8181 Hillsborough North Cazolina 27278 9-1-1 Communications Emergency Medical Services 24 Hour Warning Point `~,.er or ~ Fire Marshal 919-732-8161 •933-2600 ~ a` '+'~ Disaster Response ,~ ,r Hazardous Materials 24-Hour Fax Machine 919-644-3030. 968-2050 919-967-9026 x•~~ ~,,' + "` Administrative Fax Machine 919-968-4066 TO: EDDIE KIRK, PLANNING DEPT. FROM: MIKE TAPP, DEPUTY DIRECTOR/FIRE MARSHAL RE: GOLD MINE PROPERTY DATE: MAY 15, 2001 We have completed plans review of the Gold Mine property preliminary plan and find the plans acceptable. Please send us a copy, upon final approval, for distribution. If you need additional information, please contact us. DRAFT JULY 11, 2001 PLANNING BOARD MINUTES 1 RECOMMENDATION(S): Planning Staff recommends APPROVAL of the attached 2 ordinance. 3 4 This text amendment clarifies that the best management practices in the zoning ordinance cannot by used to 5 increase impervious surface. Davis explained the different types of best management practices. 7 MOTION: Katz moved to approve the ordinance as stated on pages 182-186 in the agenda 8 packet, which is incorporated herein by reference. Seconded by Selkirk. 9 10 VOTE: Unanimous 11 12 AGENDA ITEM #11: SUBDIVISIONS 13 a. Preliminary Plans 14 (1) Gold Mine Property l5 (9 Lots -Bingham Township) 16 17 Eddie Kirk made this presentation. BACKGROUND: Re uest - Prelimina Plan Applicant: Dr. Eric Schopler Location In Bingham Township on the west side of Gold Mine Road, an existing state maintained gravel road. Subdivision follows the Conservation-Cluster Option of Flexible Development. • Minimum lot size is 40,000 square feet. • Total acreage is 41.90 acres. Lots ~ Average Lot Size ~ % Open Space Acres 12 Existin and Pro osed Conditions Existing: • Zoned Agricultural Residential (AR) (min. density = 40,000 sq. ft./ dwelling) • The property is not in a designated protected watershed. • Physical Features: • There is one designated USGS intermittent stream on the west side of the tract. • The site is wooded with a mixture of pines and hardwoods. Adjacent Land Use: • Properties to the west have been subdivided previously. • Properties to the north, south and west are undeveloped. Proposed: Roads: • The Planning Board approved the Concept Plan with two private roads on December 6, 2000. • A private subdivision road (Cane Valley Lane) is proposed to extend west off Gold Mine Road. Open Space/Suffers: • 14.12 acres (33.7%) of common area open space proposed. • 2.16 acres of in-lot open space. MTAR 3.35 on the Flexible Plan. • Homeowners Association will maintain open space and buffers. Water-Sewer: • Individual wells. • Individual septic systems. ' Recreation: • Bingham District Park (9 lots x $455 = $4,095). • No dedication is warranted because no county recreation or resource area has been identified at this time. The payment-in-lieu option is viable. A2ency Comments: • Comments attached from Environmental Health, NCDOT, and Emergency Management. Develo ment Process Schedule and Action Planning Board: • First Action: Concept Plan approved by the Planning Board December 6, 2000 with the following conditions: 1. The intersection and road alignment on the Preliminary Plan shall meet NCDOT standards. 2. Homeowners Association documents shall be submitted with the preliminary plan that provide far maintenance of the Open Space. 3. Construction drawings far Cane Valley Lane prepared by a NC Professional Engineer shall be submitte and approved by the Orange County Planning Department (Erosion Control Division) prior to approval the Final Plat. 4. A 5-Foot non-vehicular access easement shall be shown on the preliminary plat for lots 1, 7, $, 9 and th common area along Gold Mine Road (SR 1957). 5. Deed a 100-foot landscape buffer easement along Gold Loop Road to the Homeowner's Association pr to recordation of Final Plat. Maintenance responsibility shall remain with the Homeowners Associatior • Second Action: l . Action within two regularly scheduled Planning Board meetings, or extension thereof; 2. If the Planning Board fails to act within the specified time period, application forwarded to BOCC witk Planning Board minutes and Flanning Staff recommendations and conditions. Preliminary Plan addresses conditions of approval of the Concept Plan. The subdivision design has not changed fi the Concept Flan. RECOMMENDATION(S): Plannin Staff Approval, in accordance with the attached Resolution of Approval. 1 The proposal has not changed since the concept plan was approved. 2 3 Preston asked about the odd space between lots six and seven and it was answered that it was open space. 4 5 Katz made reference to the resolution of approval and asked if the applicant had any objections to the conditions 6 and the applicant said no, other than the $4,000 payment-in-lieu. He thinks that the 14 acres of open space 7 should be counted toward the recreation requirement. 8 9 Chair Gooding-Ray said that it was not possible to count open space as recreation because a fee must be paid or 10 a dedication must be made according to the law. 11 12 MOTION: Strayhorn moved to approve the preliminary plan of Gold Mine Property, in 13 accordance with the Resolution of Approval, which is incorporated herein by 14 reference. Seconded by McAdams. 15 16 VOTE: Unanimous 17 l8 AGENDA ITEM #12: MATTERS SCHEDULED FOR PUBLIC HEARING AUGUST 27, 2001 19 20 a. Orange County Subdivision Ameudments 21 b. Soil Erosion and Sedimentation Control Ordinance Amendments 22 c. Orange County Storm water Program for Lands Within the Neuse 23 River Basin 24 d. Zoning Atlas Amendment 25 3t of