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HomeMy WebLinkAboutAgenda - 09-05-2024; 8-l - Major Subdivision Preliminary Plat Application – Stonewall 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 5, 2024 Action Agenda Item No. 8-1 SUBJECT: Major Subdivision Preliminary Plat Application — Stonewall DEPARTMENT: Planning and Inspections ATTACHMENTS: INFORMATION CONTACT: 1. Preliminary Plat Application Package Ashley Moncado, Planner III, 919-245-2589 2. Staff Report Cy Stober, Planning Director, 919-245-2592 3. Neighborhood Information Meeting Materials 4. Development Advisory Committee Comments 5. Excerpt of Draft August 7, 2024 Planning Board Minutes 6. Resolution of Approval PURPOSE: To review and consider approval of the Stonewall Major Subdivision Preliminary Plat application for the property with Parcel Identification Number 9875-64-5097 at the intersection of Miller Road and Minnick Road, in accordance with the provisions of Section 2.15 and Article 7 of the Unified Development Ordinance (UDO). BACKGROUND: A Major Subdivision Preliminary Plat application was received proposing an 18-lot subdivision with 47.9% open space. Review Process: A Major Subdivision application requires the submission of a preliminary plat and other documents, in accordance with Section 2.15 of the UDO. • First Action — Onsite visit with the Planning Director. Staff Comment — The onsite visit occurred on February 16, 2024. • Second Action — The applicant holds a Neighborhood Information Meeting (NIM). Staff Comment: The NIM was held on February 28, 2024, at 5:30 p.m., at the Orange County Public Library (Attachment 3). • Third Action - The Planning Board reviews and takes action on the Concept Plan application. Staff Comment: The Planning Board approved the Concept Plan — Flexible Development Option at its regular meeting on April 3, 2024. • Fourth Action — Once a concept plan is approved, the Planning Board reviews and makes a recommendation on the approval of the Preliminary Plat for the project. Staff Comment: The Planning Board reviewed the Preliminary Plat application at its regular meeting on August 7, 2024, and voted unanimously to recommend approval of the Preliminary Plat. 2 • Fifth Action — The BOCC reviews and take action on the Preliminary Plat application. • Sixth Action — Once all construction activities have been completed, or appropriate performance guarantees have been approved, the Planning Director shall take action on an application solely to affirm conformity with all applicable regulations and established conditions and approve the recordation of a Final Plat, per UDO Section 2.15.4, allowing for the individual lots to be created. Proposal: The petitioner has submitted a Major Subdivision Preliminary Plat application proposing to develop 18 single-family residential lots with approximately 47.9% (17.42 acres) of dedicated open space. As enabled by UDO Sections 2.15.2(C) and 7.12.5, the applicant has proposed to pursue the Conservation Cluster Flexible Development option and has not submitted a Conventional option. Additional information regarding the proposal is contained in Attachment 2. Planning Board Recommendation: The Planning Board received and reviewed the Preliminary Plat application at its August 7, 2024 meeting and voted unanimously to recommend approval of the preliminary plat (Attachment 1). An excerpt of the draft minutes from the meeting are included in Attachment 5. Agenda materials from the meeting can be viewed at: https://www.orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 08072024-2058. Planning Director's Recommendation: The Planning Director recommends that the Board of County Commissioners: 1) Consider the matter for action; 2) Review the staff report (Attachment 2), featuring analyses of UDO compliance and consistency of the application with Orange County's adopted plans; 3) Receive the Preliminary Plat application; and 4) Approve the Preliminary Plat, as submitted. FINANCIAL IMPACT: This request has been reviewed by various County departments which have determined that the approval of the request would not create the need for additional funding for the provision of County services. ALIGNMENT WITH STRATEGIC PLAN: This item supports: GOAL 1: ENVIRONMENTAL PROTECTION AND CLIMATE ACTION OBJECTIVE 6. Protect water supply/watersheds. OBJECTIVE 7. Conserve and protect high priority open space, including Natural Heritage sites, nature preserves, watershed riparian buffers, and prime/threatened farmland. RECOMMENDATION(S): The Manager recommends the Board: 1. Receive the Planning Board and staff recommendations; and 2. Approve the Preliminary Plat as submitted and the Resolution of Approval contained in Attachment 6. Attachment 1 3 Orange County Planning & Inspections Department ORANGE COUNTY 131 W. Margaret Lane, Suite 200, Hillsborough, NC 27278 NORTH CAROLINA 919-245-2575 or plan ningapps c( orangecountync.gov Subdivision Application Please check all applicable boxes and complete the required documentation. If completing by hand, please use black or blue ink. Date: 04/24/2024 * Please fill out all required fields Subdivision Type (please select one)* ❑Expedited Minor ❑Regulated Minor Concept Plan ❑Major Concept Plan ❑✓ Major Preliminary Plat ❑Regulated Minor Final Plat ❑Major Final Plat Contact Information* Property Owner(s): Grayrose Proerties, LLC Mailing Address: 1050 Rhodes Gap Trail Phone: (919)808-8227 Email: grayroseproperties@gmail.com Applicant (if different than property owner): R.S. Jones & Associates, Inc. (Bobby Jones) Mailing Address: P.O. Box 1700 Mebane, NC 27302 Phone: (919)563-3623 Email: bobby@ rsjsurveyors.com Property Information* Parcel ID Number (PIN): 9875645097 Total Acreage: 36.36 Location (Road Name): Miller Road Existing Structures?❑Yes❑No - If yes, iplease list existing structures: Subdivision Information* Proposed Number of Lots: 18 If existing road, how many lots are using it? 0 New private road proposed?❑ Yes❑ No New public road proposed?❑✓ Yes[:] No Water Supply: ❑✓ Well❑ Community Public —❑ Durham❑ Hillsborough❑ Mebane[:] OWASA❑ OAWS Wastewater: ❑✓ Septic❑ Community Public —❑ Durham[] Hillsborough❑ Mebane ❑ OWASA❑ OAWS Page 1 of 2 4 Certification and Signatures I certify that, to the best of my knowledge, the information contained above, and in the supporting documents, is a factual representation of the proposed development. I acknowledge that by signing this application, the Orange County Planning and Inspections Department is authorized, pursuant to NCGS 160D-403, to make as many inspections of the subject property as may be necessary to verify that the proposed work outlined herein is consistent with the provisions of all applicable State and local laws, ordinances, and regulations. By signing this application, I acknowledge and agree that inspectors, zoning officers, erosion control officers, and other staff of the Orange County Planning & Inspections Department have a right, upon presentation of proper credentials, to access the subject property at a reasonable hour for the purposes of inspection or other enforcement action. DocuSigned by: 2FDC298C819F48B... Owner Signature(s) Applicant Signature (if different from owner) 4/24/2024 Date Date Section Completed by Staff Zoning: Watershed: Other overlay districts impacting property: Stream on lot?❑Yes❑ No Floodplain on lot? Yes MNo Note: If the property to be subdivided is currently under farm use value taxation, please contact the Orange County Tax Office at 919-245-2100. Subdivision of the property may require payment of deferred taxes under farm use value taxation. Page 2 of 2 5 1,2 M-11-2 H�- SITE 2— r X—m _87,P,77 NCDOT ROAD CONNECTION M ------------- -Al - ------------- 'A"- ------------- -Al It g 0—11— A— It A-1 (D �Ukcaes po --------- co. 17. azOREs ---- -- PPaE A-1 OP11 A 7 7 A111 xExEer(14— L Aa L V2 L %2 o. (D 0, 0,& 'o C�N4E H117H=OL 1� ROAD(S.R v A— LA wrxA 112uwsa 11 21,1,gl A. IY.x . Xl'P 237 P_ P114-16 82 P 112 A.—I P,272 S A 'MAR.H�rvE 677PI -1.P- -R-1 LEGEND l)—1 I,)—A— A— STONEWALL Cr"S­E— —T SUBDIVISION w. ' LfMO..—M. A— ZW— wumoaovcx-A- P='l'=—'A�1,7 REVISIONS: —AL 1—A- 112 P7 sroxE .1 Al AIL 0 50 100 200 400 :� " 1 -E E/A1) —A—� N-1�,rmcr�oRE 0­A S=_R,A.7M_ =76%SrOM 2MOXsr� — ASSOCIATES. aVa� �SURVEYORS GRAPHIC SCALE --.1.1--C.1�P, 6 • Soil & Environmental Consultants, PA 8412 Falls of Neuse Road,Suite 104,Raleigh,NC 27615•Phone; (919) 846-5900• Fax: (919)846-9467 s andec.com Grayrose Properties, LLC March 17, 2021 Attn: Kevin Currin S&EC Project#14635.52 1050 Rhodes Gap Trail Durham,NC 27705 Re: Soil/Site Evaluation on the White Properties, Approximately 41.4-Acre Site at Miller Road and Minnick Road, Orange County,NC Dear Mr. Currin: Soil & Environmental Consultants, PA (S&EC)performed a detailed soil and site evaluation on the above referenced tract. This was performed at your request as part of the preliminary planning process in order to determine areas of soil that have potential for subsurface wastewater disposal per our agreement from March 8, 2021. Fieldwork was performed in March 2021. S&EC traversed the property and observed landforms (slope, drainage patterns, past use, etc.) as well as soil conditions (depth, texture, structure, seasonal wetness, restrictive horizons, etc.) through the use of hand auger borings. The site was evaluated during moist soil conditions. From these observations, an evaluation of the site was developed, relative to subsurface disposal of wastewater. Soil areas were GPS located in the field. The soil/site evaluation criteria used is that contained in 15 A NCAC 18A .1900 "Laws and Rules for Sewage Treatment and Disposal Systems" and"Orange County Regulations for Wastewater Treatment and Disposal Systems". FINDINGS This site is located in the Slate Belt region of Orange County. The upland soils on this tract are similar to the Georgeville, Tarrus, and Badin soil series. The Georgeville, Tarrus, and Badin soils have a loamy surface material over a red clayey subsoil. These soils are generally useable for subsurface septic systems. The accompanying AutoCAD sketch map indicates the estimated areas with potential use for subsurface wastewater disposal. The red cross hatched units indicate areas of soils which are at least 24 to 36+ inches deep to prohibitive soil characteristics and these areas have potential for a conventional septic system, a modified conventional (shallow placed lines with no fill required over the disposal area), ultra-shallow conventional (shallow placed lines with fill required over the disposal field), low-profile chamber, and/or a low pressure pipe (LPP) septic system. The cyan hatched units indicate areas of soils which are at least 18 to 24+inches deep to prohibitive soil characteristics and these areas have potential for low profile chamber and/or pretreatment subsurface drip septic systems. The blue hatched units indicate areas of soils which are at least 13+ inches deep to prohibitive soil characteristics and these areas have potential for a pretreatment subsurface drip septic system. S&EC recommends to further evaluate the cyan and 7 blue hatched soil areas with the county health dept and use backhoe pits to evaluate the underlying soils/saprolite to determine the best septic options for these areas. Pretreatment drip are expensive septic systems that may require additional soils work& soil hydraulic conductivity (Ksat)testing and a wastewater engineered design. Unit"UN" on the attached map indicates areas of soils that are less than 13 inches to prohibitive soil characteristics or are unsuitable areas due to landscape position and are generally unsuitable for the type of systems mentioned above. Unit"NE" on the attached map indicates areas that were not evaluated due to existing gravel road and/or large overhead power lines. There are some small overhead power lines on the property that may need to be rerouted when a subdivision is developed. The site plan for each lot must ensure that adequate soil area for system and repair is unaffected by site elements (house placement, driveway, wells, patios, decks, etc.) on that or adjacent lots. The area ultimately designated by the health department on the site plan for the septic system and repair must remain undisturbed(no mechanical clearing, excavation, heavy traffic or other significant site disturbing activities)until authorized by the health department and/or state permitting agency. A lot with initially adequate useable soil area may be rendered unusable as a result of improper site planning and/or disturbance. A field layout of the proposed septic systems may be required as part of the individual lot development process. ORANGE COUNTY REGULATIONS During the subdivision recordation process, Orange County requires a backhoe and backhoe operator to dig pits to evaluate the soils for septic suitability on each lot for subdivisions with 6 or more proposed lots. Any lots/houses proposed with more than 600 gallon per day daily design flow (more than a 5-bedroom house) will require a backhoe and backhoe operator to dig pits for the county heath dept's soils evaluation as well. The cost and coordination of the backhoe and backhoe operator is the responsibility of the septic permit applicant. GENERAL WASTEWATER CONSIDERATIONS Once potentially useable areas are located through vertical borings, the next consideration is the horizontal extent of those areas. The size and configuration of the useable soil area dictate the utility of that area. The size of a subsurface disposal field is determined by: 1)the design flow from the source (120 gallons/bedroom/day in residences), and 2)the long term acceptance rate (LTAR) of the soil (based on the hydraulic conductivity of the soil, a function of the soil's texture, mineralogy, structure,porosity, etc.). The configuration must be such that an efficient layout of disposal lines (on contour) is possible. An additional consideration is the required setbacks for the system from various elements such as wells (50' to 100'), streams and ponds (-80') or more (depending on watershed regulations),property lines (10'), top of embankment (15'), watershed buffers, etc. (see Attachment 1). The utility of a potential useable soil area for a subsurface system is most accurately determined by an on-ground layout of the proposed system. The total area needed for system and repair areas will depend upon the system type, the layout of that system and the total design flow (factors mentioned above). A typical area needed for a 4 bedroom residence is approximately 14,000 to 16,000 ft2 (could be more depending on site features) or 880 to 960 linear feet of conventional line (system and repair) or 1,164 to 1,280 linear feet of low profile chamber line (system and repair). These estimates reference Laws and Rules for Sewage Treatment and Page 2 of 4 8 Disposal Systems for North Carolina and use a LTAR of 0.225 to 0.3gpd/f' for conventional septic systems(.1955)and a LTAR of 0.225 to 0.3gpd/ft2 for modified conventional and Low Profile Chamber(.195b) septic systems. The ultimate LTAR will be determined by the health department after their lot evaluation. A 4-bedroom residence utilizing a drip septic system and repair would need approximately 15,000 to 20,000 ft2 (could be more depending on site features and/or soil hydraulic conductivity [Ksat] testing). S&EC will be glad to assist in any system layout, Ksats,or sizing calculations if requested. This report discusses the general location of potentially useable soils for on-site subsurface wastewater disposal and, of course, does not constitute or imply any approval or permit as needed by the client from the local health department. S&EC is a professional consulting firm that specializes in the delineation of soil areas for wastewater disposal and the layout and design of wastewater treatment systems. As a professional consulting firm, S&EC is hired for its professional opinion in these matters. The rules governing wastewater treatment(interpreted and governed by local and state agencies)are evolving constantly and,in many cases,affected by the opinions of individuals employed by these governing agencies. Because of this, S&EC cannot guarantee that areas delineated and/or systems designed will be permitted by the governing agencies. As always, S&EC recommends that anyone making financial commitments on a tract be fully aware of individual permit requirements on that tract prior to final action. An individual septic system permit will be required for each lot prior to obtaining a building permit. This will involve a detailed evaluation by the Iocal health department to determine, among other things, system size and layout, well, drive and house location. Only after developing this information can a final determination be made concerning specifics of system design and site utilization. This report and site evaluation is not conformant to the Engineered Option Permit(EOP) process. Additional site testing and evaluations will be required to utilize the EDP process. The soil report and map associated with this project is for the exclusive,use of the addressee and the use or reliance by all others is expressly denied without the written consent of S&EC. Soil& Environmental Consultants, PA is pleased to be of service in this matter and we look forward to assisting in any site analysis needs you may have in the future. Please feel free to call with any questions or comments. Sincerely, 5 O IL Soil&Environmental Coi s ?t V. C4�� s STArE {£` +- n C4 � r Cory Connell NC Licensed Soil Scien 1343 Y� Encl: Attachment 1 C'P Soil SuitabilityMap �Q ITH Page 3 of 4 9 Attachment 1 .1950 Location of Sanitary Sewage Systems("Laws and Rules for Sewage Treatment and Disposal Systems"& "Orange County Regulations for Wastewater Treatment and Disposal Systems") (c) Every sanitary sewage treatment and disposal system shall be located at least the minimum horizontal distance from the following: (1) any private water supply source including a well or spring 100 feet (2) any public water supply source 100 feet (3) streams classified as WS-I 100 feet (4) water classified as S.A. 100 feet from mean high water mark (5) Other coastal waters 50 feet from mean high water mark (6) any other stream,canal,marsh,or other surface waters 50 feet (7) any Class I or Class 11 reservoir 100 feet from normal pool elevation (8) any permanent storm water retention pond 50 feet from flood pool elevation (9) any other lake or pond 50 feet from normal pool elevation (10) any building foundation 15 feet (11) any basement 15 feet (12) any property line 10 feet (13) top of slope of embankments or cuts of 2 feet or more vertical height 15 feet (14) any water line 10 feet (15) drainage systems: (A)Interceptor drains,foundation drains and storm water diversions (i) upslope 10 feet (ii) sideslope 15 feet (iii) downslope 25 feet (B)Groundwater lowering ditched and devices 25 feet (16) any swimming pool(in-ground) 25 feet (above-ground) 15 feet (17) any other nitrification field(except repair area) 20 feet (18) Drip line 5 feet (19) Lined/Watertight ornamental pond 25 feet Note: Systems over 3000 GPD or an individual nitrification fields with a capacity of 1500 GPD or more have more restrictive setback requirements, see.1950(a)(17)(d)for specifics. Page 4 of 4 10 UNo`m UN J Z w � Af, NE UN UN NORTH Q N GRAPHIC SCALE � ° UN I„=200' to� N > r U N 200' 0 200' U LLJ UN UN ' l _ _ WzLLJ U OD_:� " U) INDETAILED SOIL/SITE EVALUATION. 2- SOIL LINES WERE DELINEATED D_p U UN IN THE FIELD BY S&EC W 0 Z PERSONNEL. THE SOIL BORING a/ AND BOUNDARY POSITIONS UN WERE ESTABLISHED USING GPS J OU C) I'iE UN RECEIVERS. 3-17-2021 U NE qz Q MwaicKR U N **THIS MAP AND CORRESPONDING i o J ao SITE EVALUATION IS NOT '' `°_ p CONFORMANT TO THE ENGINEERED s N N OPTION PERMIT (EOP) PROCESS. ° UN ADDITIONAL SITE TESTING AND dl EVALUATIONS WILL BE REQUIRED TO "x NE VVE L UTILIZE THE EDP PROCESS. a **SUITABLE FOR PRELIMINARY LL PLANNING PURPOSES ONLY. SITE o WILL REQUIRE APPROVAL BY THE s r - COUNTY HEALTH DEPARTMENT ON A CASE BY CASE BASIS. THIS MAP " SHOULD BE USED AS A GENERAL Q GUIDE. SOME ADJUSTMENTS WILL O U N U N BE NECESSARY IN THE FIELD DUE V TO SOIL VARIABILITY AND �•r e a TOPOGRAPHIC IRREGULARITIES. THIS w "'�T'�•�� 1`= - MAP ONLY REFLECTS EXISTING SOIL q 3 i9 ,l U - SUITABILITY FOR ON—SITE SEPTIC 4) € i1. TANK SYSTEMS. SOME OTHER CONSIDERATIONS THAT AFFECT SITE SUITABILITY THAT SHOULD BE O CONSIDERED IN DEVELOPMENT .� $ DESIGN ARE: 1) 10' SETBACK FROM PROPERTY W LINE a LEGEND 2) AN50 TO WELL00' SETBACK FROM ry 3) 25' SETBACK FROM DRAINAGE O T Areas contain soils with 13 inches or more of useable material and have V1 Areas contain soils with to 38 inches or more of useable material and DITCHES. have t l he potentia for connvv entional, modified conventional, ultra—shallow the potential for pretreatment subsurface drip septic systems. S&EC recommends to further evaluate these areas with the county health dept conventional, panel block, low profile chamber, and/or low pressure pipe and using backhoe pits to evaluate the soils/saprolite to determine the SEE ACCOMPANYING S&EC REPORT. septic systems. best septic options for these areas. Areas contain soils with 18 to 24 inches or more of useable material and Unsuitable areas due to soil wetness condition, soil depth, clay mineralogy, NOT A SURVEY. have the potential for low profile chamber and/or pretreatment subsurface UN and/or landscape position. PARCEL BOUNDARIES FROM •, drip septic systems. S&EC recommends to further evaluate these areas ORANGE COUNTY GIS. 2—FOOT with the county health dept and using backhoe pits to evaluate the N r Areas not evaluated due to gravel road and/or large powerline easement. CONTOURS AND 2017 AERIAL soils/saprolite to determine the best septic options for these areas. C FROM NCONEMAP.COM. Staff Report Attachment 2 Major Subdivision — Preliminary Plat Basic Information Vicinity Map for PIN 9875645097 Parcel Identification9875-64-5097 ! Number (PIN) k„ ?l LHIe R T h p1 0( ' ��` Kevin Currin Rver Prm,ected A J-� I ��,....� pplicant Name d aTo, hp 1050 Rhodes Gap Trail and Address Durham, NC 4 to d F P d. T�- ,Ise gBrows�P Property Owner Ch k TnwnFhp ' ' m" - �EIlO Tov—h Kevin Currin Name and Address , 1050 Rhodes Gap Trail (if different from Durham, NC - Hill barougn ' ;K Applicant) ower Eno _ Pmaded EarthCentric Engineering Agent(s), if 204 West Clay Street Trnixti - ,j j applicable Mebane, NC nElo -yn Trnv nP f aura 4 y m �xa ter Supply LV h d S 'o j M _ Existing Zoning 'i Current Zoning R-1 (Rural Residential), District AR (Agricultural Residential) Eno Current Use Undeveloped i Township Hillsborough 9875845097 >R Existing Zoning N/A f� Overlay Districts � 1 so-exms i\ -Wamr Bndea jAR m Watershed District Lower Eno Unprotected Rl ©POHH2 /r` vchuPSW.v m5a,1 1 Parcel Size +/-36.36 acres Adopted Future Land Use Map with Parcel 9875645097 Depicted Future Land Use Map (FLUM) Rural Residential, Agricultural Designation Residential FLUM Overlay(s) Resource Protection Area Growth Management ` Rural Designation owerTEnv System Designation ° �:, L Say. Rural Residential - Land in the rural areas of the County which is Definition of FLUM appropriate for low Designation intensity and low-density 9875645097 residential development and which (Land Use Element would not be dependent on urban `` ®_`° of Comprehensive services during the plan period. Plan) Agricultural Residential - Land in the rural areas where the (Appendix F of prevailing land use activities are Comprehensive related to the land (agriculture, "'""`g Ras°°Re r°ma°areas Plan) forestry) and which is an e0Yr T�`'eg°"e5 appropriate location for the �,�:��RA�r.„. � ~ continuation of these uses. ET' Interlocal Agreement Town of Hillsborough/Orange County Central Orange Applicable Yes Coordinated Area Land use Plan Y/N Applicable ILA Central Orange Coordinated Area (COCA) Land Use Plan 9876645097 Future Land Use Rural Living Classification These areas reflect existing very- low density residential uses with `\ densities below 0.5 dwelling units per acre that occurs in areas _1 without public water and sewer 'Ru�IL 5�4509 i PIN 90 Description �Pe,ma°e°,o,e,s°°ce A service, in locations where Si nll Lui Reridei,nl m .i . continued low-intensity use without public water and sewer is desirable for the foreseeable future. 2 Surrounding Land Uses and Zoning Aerial Image with Parcel 9875645097Outlined — AR (Agricultural Residential) and R-1 North (Rural Residential) lk— Undeveloped, Residential homes � South — R-1 (Rural Residential) — Undeveloped, Residential homes — R-1 (Rural Residential) and AR r East (Agricultural Residential) — Residential homes — R-1 (Rural Residential) West � Residential homes `.; Existing Roads a North None South Minnick Road (Private - 50 ft. Right of Way) y` ' East None till ' West Miller Road (Public - 50 ft. Right of Way) Existing Conditions/Physical Features The parcel is undeveloped with a cleared section on the majority of land. The northern and eastern portion of the site is wooded and contains a stream, identified by Orange County as a Resource Protection Area. The existing stream includes an 80-foot buffer on either side of the bank based on UDO Section 6.13. The site is located within a Special Flood Hazard area due to the existing 500-year floodplain located along the stream on the northern and eastern portion of the site. An existing 100-ft. Duke Power easement runs east/west through the parcel and contains three towers onsite. Public Water and Sewer Private well and septic are proposed for the site. The property lies within the Town of Hillsborough's Primary Service Area, as identified in the Water And Sewer Management, Planning, and Boundary Agreement but has not petitioned for annexation or proposed extension of municipal utilities to the property. Proposed Project Proposed Development Grayrose Properties, LLC, is proposing a flexible major subdivision including 18 single family homes and 47.9% (+/-17.42 acres) open space on +/- 36.36 acres. The average lot size is 40,012 square feet. The applicant has proposed to pursue the Flexible Development option and has not submitted a Conventional option per Section 2.15.2(C) of the UDO. The Flexible Development Conservation Cluster option involves the preservation of a minimum 33% of the total tract's land area as protected open space. The applicant has submitted a concept plan layout (Attachment 1) with proposed lots adhering to the 1-acre (43,560-square feet) lot size and proposing approximately +/-17.42 acres of open space. As allowed by UDO Section 7.12.4(A)(2), the applicant is permitted to have 30,000-square foot lots with an open space dedication of 40% or greater. L - 3 — 14 A summary of the proposal is as follows: Number of Average Lot Open Space Subdivision Type Lots Size Area in Open Space percentage Flexible Development 18 40,012 sq. ft. +/-17.42 acres in open 47.9% in Plan space open space Open Space The Flexible Development plan proposed a total of+/-17.42 acres of open space. Primary open space, including the stream, flood, and buffer areas, total 12.90 acres; Secondary Open Space includes 4.52 acres. Landscape Buffer The Flexible Development plan identifies a 30-ft. Type B Buffer along Miller Road. No additional buffers are required, per LIDO Section 6.8.6. Recreational Facilities Recreational facilities payment in lieu fees shall be paid towards North Hillsborough/Cheeks Community Park before final plat approval. 4 Preliminary Plat r / f f f � �' ���~ ,. wpm•• .``•-.. . . . . .. . ti �w �.,,�..,,,, ..fir f o ` _'`..},.--• ._ �_M `*^�,•� �µ`�-x��. � !� '..'. . . . .. � 1 ILI ,f f �•� - -+1- ,.. C__ _ � � p�4 ' ^ � �$J •r rrv4l- y _ �J 4�, 4 _� � ��A � � (��}` - _ - ~��'_-.��._-ti-��. _ +a75'i�r � �.=�4ya� - �� - A'�__ j ' r xe. �e+rs l 4 ,i �-Y-_ ti. •�` ' ! 7 yi(� 1 rw J r jwn.•r�r.,e -__ --_ ---���.__ 1 I1 +� � �., n.� � a+�...,-- � � v,�:"iwrwin 1 t� 5 Proposed Access and Transportation Network Improvements The project proposes residential access via a new 50-foot public right of way connecting Miller Road and is subject to NCDOT design and construction standards. No roadway improvements are required by NCDOT but the project will require a Driveway Permit. The new road shall not be interconnected to any adjacent properties and is proposed to terminate in a cul-de-sac conforming with the NC State Fire Code. Per UDO Section 6.17.2(2), a traffic impact analysis is not required. Summary of Transportation Information Existing Roadway Characteristics Affected Roadway Miller Road Type of Roadway Local —2 lane undivided Current Roadway Capacity 10,000 AADT Latest Traffic Volume 1,600 AADT Traffic Generation Number of Trips Expected to be Generated by 150 Proposed Project Proposed Utilities Water and wastewater services will be provided via individual private wells and septic systems on each lot. Wells and septic s stems shall meet Orange County Environmental Health standards. Erosion Control/Stormwater Regulations The applicant has indicated the project will conform to existing stormwater management (Section 6.14) and erosion and sedimentation control (Section 6.15) regulations of the UDO. Land Use Buffers/Setbacks North 30' from front, 15' from side and rear Setback South 30' from front, 15' from side and rear Setback East 30' from front, 15' from side and rear Setback West 30' from front, 15' from side and rear Setback, 30' Type B Buffer Reduced setbacks are permitted as part of the Flexible Development Option. Environmental Assessment (EA) An Environmental Assessment is not required. Solid Waste The applicant has indicated development within the project will conform to the Orange County Solid Waste Management Ordinance. 6 17 Review Milestones Application Submittal Date January 9, 2024 Development Advisory Committee February 1, 2024 DAC Review Neighborhood Information Meeting February 28, 2024 N I M) Note: the DAC is a staff/agency committee, established in Section 1.9 of the UDO. Courtesy Review Jurisdiction Date Sent Comments Received (Y/N) State Clearinghouse February 20, 2024 Yes Analysis Staff Analysis As required under UDO Section 2.15.2 (E), the Planning Director is required to: `prepare and submit a recommendation' on the concept plan to the Planning Board for consideration. In analyzing this request, the Planning Director offers the following: 1. The application has been deemed complete in accordance with the requirements of Sections 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. Staff has determined that the concept plan should conform with the development standards of Article 6 and the subdivision standards of Article 7 when refined as a preliminary plat. 4. Staff supports the approval of the flexible development option contained in Attachment 1. IL- 7 Attachment 3 18 Neighborhood Information Meeting Report Form REPORT OF INFORMATION MEETING REQUIRED BY THE ORANGE COUNTY UNIFIED DEVELOPMENT ORDINANCE To: Ashley Moncado, Planner III Project Name: Stonewall Approximate Location (or Address): East of the intersection of Miller Road & Paw Court Proposed Number Lots: 18 Residential (Y/N): Yes The undersigned hereby certifies that the required sign(s) was posted on the property proposed for project, on each road frontage of said project on (date) 02/08/2024. A photo of the sign posted is recommended to be attached to this form. The meeting was held at the following time and place: Wednesday, February 28, 2024, Orange County Public Library, Main Meeting Room, 137 West Margaret Lane, Hillsborough, NC 27278 The persons in attendance at the meeting: See attached Attendance sheet The following issues were discussed at the meeting (Attach additional sheet(s) if needed): 1. Prior to the NIM, a call was received asking about fencing and landscaping against Panther Ct Lots and what the homes look like. Power easement prevents fencing and landscape. 2. Discussion on why Orange County Planning is not part of the meeting. 3. Well Discussions regarding common or individual wells. Concerns about impact of 19 additional wells on adjacent well pressure, quality and availability. 4. Open space area discussions. Open space owned by HOA. 5. Discussions on what the home are going to look like and the sizing of the homes. 6. Discussion as to why this subdivision can't be included on public water & sewer. 7. Discussion regarding the existing trees and what will be retained. 8. Concerns about walking safety on Miller Road. Neighbors think there is too much traffic and that the traffic is moving too fast on Miller Road. Questions about a traffic study. 9. Discussions on the overcrowding of schools. 10. Reminder about an upcoming Planning meeting. 11. Questions about an easement to the neighbor lot and if fiber is coming to the area. 12. Stormwater facility discussion about type, location and appearance. 13. Discussion about protection of the existing creek. 14. Revisit of traffic discussions and location of new road. Concern about sight distance. 15. Disappointment regarding the "boring" appearance of the layout. Discussion regarding what possible alternate layouts would look like. 16. Revisit home appearance and timeline of construction. 17. Questions regarding if the developer intends on building the homes or selling the lots. 18. Conclusion of the meeting and general congregation around the site plan exhibit. 19 As a result of the meeting, the following changes were made to the project proposal (Attach additional sheet(s) if needed): No changes to the plan were deemed necessary based on the discussions had at the neighborhood meeting. Date: 02/29/2024 Applicant: EarthCentric Engineering Inc. By: Shawn C. Sidener Please submit this Report to the Orange County Planning Department located at 131 W. Margaret Lane or mail it to Ashley Moncado, at 131 W. Margaret Ln. Hillsborough NC, 27278. If you have any questions, please contact the assigned staff planner. 20 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Neighborhood Information Meeting Sign-In Sheet Project/Plan: Williams Glen (previously Meadowmont Farms&Lawrence Road Subdivision) Bate &Time: February I3,2024; 5:30 PM Name Address Telephone Number Email Address r 919 - 96bl- *fin 3Vbz-t 1 ,CA t � � SkVX4:�son qq�o d .a apt f C� maze e e,1, C� 06 Q9�1N�7G yr �] �7 ��SG � Y�9►%o Cy 7 9�� 9' /5k e-Orn n e of eeK I nS a oo W tx i�0", — ]-1 �� -- �o d 3 � 5 h 7"14i p �-- 6 G `� l `�C��1 S 3 r �' i Sid A-5C,-2"A- C-o is CaOA �'�(&,r �7 l 1'��1�.�,d�4' I Ict 1-q 31 L� 21 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT �.. Neighborhood Information Meeting Sign-In Sheet Project/Plan: Williams Glen (previously Meadowmont Farms & Lawrence Road Subdivision) ' s Date & Time: February 13, 2Q24;5:30 PM Name Address Telephone Number Email Address Qk t o J7- 33 Z 55 ►.�o,��n' J R �^,��nn S� 5 4 03- PRO swim k �� �Js- tea'• s ����� , v 23 02/08/2024 NOTICE OF NEIGHBORHOOD INFORMATION MEETING (NIM) STONEWALL (MAJOR FLEXIBLE SUBDIVISION); CASE#SUB24-0001 To Whom It May Concern: We (the applicant)have submitted a Flexible Major Subdivision Application proposing to develop property located just east of the intersection of Miller Rd&Paw Court(PIN#9875-64-5097)for development of a single-family home subdivision. Per Section 2.15,Major Subdivisions of the Unified Development Ordinance, you are receiving this letter because property you own is within 1,000 ft. of this parcel. The parcel is further described below: Property Information Parcel ID Numbers (PIN) 9875-64-5097 Owner Grayrose Properties, LLC Applicant EarthCentric Engineering Inc. Location No Address (East of Miller Rd & Paw Court) Acreage 36.36 Zoning R1 (Rural Residential) &AR (Agricultural Res.) Watershed Designation Lower Eno Unprotected (Neuse River Basin) What is being proposed? 18-unit single-family home subdivision with public road ending in a cul-de-sac. What is this meeting for? This Neighborhood Information Meeting(NIM)will allow you and other nearby property owners to meet with the applicant and discuss the proposal. When and where is the meeting? Meeting Information Date Wednesday, February 28, 2024 Time 5:30 PM Place Orange County Public Library, Main Meeting Room Address 137 West Margaret Lane, Hillsborough NC 27278 Ashley Moncado, Planner III Assigned Planner 919-245-2589 amoncado@orangecountync.gov Following the NIM,the concept plan will go to the Planning Board for review and approval. Following this action, a preliminary plat shall be submitted for review and recommendation by the Planning Board,prior to review and approval by the Board of County Commissioners. If you have any questions regarding this project, feel free to reach out to Shawn Sidener at EarthCentric Engineering,Inc.by phone at 919-563-9041or by email at Shawn.Sidener(aiEarthCentric.com. Thank you. 24 PIN 96)564509) "M `51,111"' ".A ­ 1 W2A 1A INTW 8,42 ffiR, c3 S Of 1 4 IAO 1­ .11-El 7 ANA­ 00 0 M., FS'I'll S, • o CALL BEFORE YOU DIG IT'S THE LAW. 3; c rp, 3­NINO N­RRT""ONNINO N",C...1A 1111AI -- - - - - - Lu TO? 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TO OPE ANAES NIISI I(IN FEET 2SO-AE 11, Attachment 4 25 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278I 919.24S.2S75 March 25, 2024 Stonewall Subdivision Case #: SUB24-0001 PIN: 9875-64-5097 Re: Development Advisory Committee Report for SUB24-0001 (UDO § 1.9.5) The Orange County Development Advisory Committee (DAC) met on February 1, 2024, for a final review and discussion of the major subdivision concept plan application for PIN 9875-64- 5097 (Case #: SUB24-0001). The Orange County DAC has no objections to the approval of the major subdivision concept plan application so long as the items in the attached departmental memos are addressed. The application package features an abstract and staff report that provide the foundations for my recommendation regarding this application and request. Sincerely, Cy Stob r Planning & Inspections Director Orange County Government I www.orangecountync.gov 1 919.732.8181 26 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 1919.245•2575 Development Advisory Committee (DAC) Comments DAC review comments and recommendations do not constitute plan or permit approval for this application and/or replace any other plans and permits that may be required by other County departments and State agencies. Project: SUB24-0001 Location/PIN: 9875-64-5097 Applicant: Kevin Currin Staff Planner: Ashley Moncado, Planner III DAC Meeting Date: 2/1/2024 Addressing and Britney Pendleton 9 Land Records Date: 1-19-24 Staff: brpendleton(aD_orangecountync.gov 919-245-2576 1. Email add ressing(a-)_orangecountync.gov to request road name reservation for new street and information on road naming process. James Bryan VAttorney's Office Date: Staff: jbryan(a-orangecountync.gov 919-245-2319 No comments received. Building Michael Rettie Inspections Date: 1/19/24 Staff: mrettie(a_orangecountync.gov 919-245-2604 1. All construction regulated by the NC Building Codes will require building permits. 2. If a CBU is to be provided, compliance with NCDOT, USPS and ADA will be required. Chris Hirni DEAPR Date: 1/30/24 Staff: chirni(a-)_orangecountync.gov 919-245-2514 1. Please see attached memo. Environmental Victoria Hudson Health Date: 01/26/2024 Staff: vhudsonCa)-orangecountync.gov 919-245-2365 1. No applications have been received for this project. Erosion Nate Jacobsen Control Date: 1/23/24 Staff: njacobsen(aD_orangecountync.gov 919-245-2580 1. A Land Disturbing Permit will be required for the proposed project. 2. Based on project extent and site contours, proposed SCM basins may need to act as sediment control basins prior to conversion. 27 Fire and Life Elizabeth Farnan Safety Date: 1/29/24 Staff: efarnan(a)orangecountync.gov 919-245-6153 No comments. Chuck Edwards NCDOT Date: Staff: cnedwards(a)-ncdot.gov 336-570-6833 1. Permitting: Prior to performing work in the NCDOT right of way, the applicant will need to obtain an approved Driveway Permit for the proposed site access. 2. Trip Generation and Traffic Impacts: Based on the information provided, the site consists of 18 single family residential lots. The site is expected to generate approximately 150 daily trips at full buildout. The site access and adjacent road network is expected to operate acceptably with no road capacity improvements required per NCDOT guidelines. 3. Jurisdictional Authority- Internal Streets: The submitted materials contain contradictory information regarding public or private internal street. The applicant needs to specify. Public subdivision streets are subject to NCDOT design and construction requirements. 4. Intersection Sight Distance: NCDOT staff performed a site visit to evaluate intersection sight distance. Observed time gaps and associated sight distances were not observed in the field due to horizontal and vertical road geometry and vegetative obstructions. The applicant will need to further evaluate and provide design information meeting NCDOT and AASHTO requirements. 5. Plans: Prior to issuance of the driveway permit and approval of internal subdivision streets (if applicable) the applicant will need to submit complete and final plans per NCDOT requirements to NCDOT for review and approval. Ashley Moncado Planning Date: 1-24-24 Staff: amoncado(a)_orangecountync.gov 919-245-2589 Concept Plan 1. Provide a note referencing recreational facilities payment in lieu fees shall be paid towards North Hillsborough/Cheeks Community Park before final plat approval. 2. Site Analysis sheet shall be drafted based on Section 7.13.2(A)(3), including the labeling of Primary and Secondary open space areas. In addition, a design process checklist, as contained in Section 7.12.8(B), shall be provided from the applicant. 3. Recommend the removal of the proposed parcel lines from the Site Analysis Map — Pre Development Sheet C3.1 and the removal of the proposed house locations, wells, and septic fields from the Site Analysis Map— Post Development Sheet C3.2. 4. Landscape buffers shall be identified on the concept plan per Section 6.8.6. 5. The application for this project proposed a public road, however, Sheet C1.0 of the concept plan references Proposed Private Roadway Data. Please confirm with staff if the proposed road is public or private and revise sheet C1.0 and label sheets C3.0, 3.1, 3.2, and 5 as public or private. 28 Application and Review Process 1. A Neighborhood Information Meeting (NIM) is required at least 14 days prior to Planning Board meeting. NIM notifications are required to be sent out a minimum of 14 days prior to the meeting. Once the NIM is scheduled, please notify staff in order to finalize Planning Board meeting date. 2. Per Section 2.15.2(B), the applicant shall schedule an onsite visit with the Planning Director. This shall occur prior to the Neighborhood Information Meeting. Matt Taylor Solid Waste Date: 1/29/24 Staff: mtaylor(a)-orangecountync.gov 919-918-4905 1. Road width and Cul-de-sac radius are sufficient for OC Solid Waste Recycling Collection vehicles to access safely and turn around Stormwater Nate Jacobsen Management Date: 1/23/24 Staff: nlacobsenCcDorangecountync.gov 919-245-2580 1. A Stormwater Management Plan will be required for the proposed project. Transportation Darlene Weaver Services Date: 1/30/24 Staff: dweaverCo)-orangecountync.gov 919-245-2002 1. In accordance with Orange County Complete Streets and Vision Zero Policy we request the applicant provide opportunities for all travel modes especially bike, pedestrians. i.e., Sidewalks 29 �1 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 1919.245•2575 Development Advisory Committee (DAC) Comments DAC review comments and recommendations do not constitute plan or permit approval for this application and/or replace any other plans and permits that may be required by other County departments and State agencies. Project: SUB24-0001 (Stonewall) Major Subdivision Preliminary Plat Location/PIN: 9875-64-5097 Applicant: Bobby Jones Staff Planner: Ashley Moncado, Planner III DAC Meeting Date: 5/16/2024 Addressing and Britney Pendleton Land Records Date: 5/13/24 Staff: brpendleton(a)_orangecountync.gov 919-245-2576 Magpie Lane has been approved and reserved for use by the addressing team. James Bryan Attorney's Office Date: Staff: jbryan(a)orangecountync.gov 919-245-2319 1. No comments received. Building Michael Rettie Inspections Date: Staff: mrettie(aD-orangecountync.gov 919-245-2604 1. No comments received. Chris Hirni DEAPR Date: Staff: chirni(a)orangecountync.gov 919-245-2514 1. No comments received. Environmental Victoria Hudson Health Date: 5/14/2024 Staff: vhudson(a)-orangecountync.gov 919-245-2365 1. No further comments. Erosion Nate Jacobsen Control Date: 5/13/24 Staff: niacobsen(a)-oa) 919-245-2580 1. Proposed project will require a Land Disturbing Permit for all homes to be built on separate lots. 2. Collectively, permitting through NCG01 with the State will be required. 30 [Fire and Life Elizabeth Farnan Safety Date: 5/15/2024 Staff: efarnan(a)_orangecountync.gov 919-245-6153 1. No further comments needed. Chuck Edwards NCDOT Date: 5/14/2024 Staff: cnedwards(a)ncdot.gov 336-570-6833 1. NCDOT has preciously provide comments during the January 30th DAC which are still applicable. 2. The plat indicates that's Magpie Lane is to be a public street a. Internal streets must comply with the NCDOT Subdivision Manual 3. We have previously requested information to verify intersection site distance a. The applicant's engineer has provided this, and we have reviewed and sent back comments directly to them. i. Based on the information provided, there may need to be additional clearing and grading and associated easements to provide adequate intersection site distance 4. Permitting a. The applicant will need a driveway permit for the proposed "Magpie Lane" connection to Miller Rd SR 1555). Ashley Moncado Planning Date: 5/7/24 Staff: amoncado(cDorangecountync.gov 919-245-2589 1. The location of any existing curbs, gutters and culverts. These features shall also be shown in cross section. 2. Proposed streets, pavement or travel way widths shall be denoted as well as typical roadway cross sections. The approximate centerline radius shall be shown on all proposed streets. 3. The location and size (if appropriate) of above ground installations of major electric, CATV and telephone transmission lines, underground gas transmission mains, underground water mains and sanitary sewer lines, and important storm sewer systems on or abutting the tract shall be shown. If there are none, please provide note stating as such on the plat. 4. The zoning of the subject tract and adjacent parcels shall be noted. 5. Identify and label proposed "Drainage Easements" and "Access Easements". 6. Identify and label "Pedestrian Open Space Area". 7. Provide a note referencing recreational facilities payment in lieu fees shall be paid towards North Hillsborough/Cheeks Community Park District before final plat approval. Matt Taylor Solid Waste Date: 5/13/24 Staff: mtaylor(a)orangecountync.gov 919-918-4905 1. Upon viewing the preliminary plat, the road width and cul-de-sac radius/diameter are not listed. Please provide those measurements so that OC Solid Waste can confirm if waste/recycling collection vehicles can safely access and exit this development. Stormwater Christopher Sandt Management Date: 5/13/2024 Staff: csandt(a)orangecountync.gov 919-245-2583 1. The parcel is located in the Lower Eno Unprotected watershed overlay district. A Stormwater Management Plan (SMP) is required if proposed Land Disturbance exceeds 21,780 square feet. 31 Transportation Darlene Weaver Services Date: 5/14/2024 Staff: dweaver(a)orangecountync.gov 919-245-2002 1.0range County Complete Street policy and Vision Zero Policy • Request applicants provide opportunities for all travel modes especially bike, pedestrian, and transit. i.e., Sidewalks 32 4� PR—Y WEN 12 90 ff.— —T sE P_ wr *SITE HAZA=_MRA IAI��%�cEaL U%,— :.—I IA7 I&PIT.—M 21— �A— p'Orle P-1"I ------- -------- ----------- "V, P. 110, Upll" P, -1 Q V —Z— 4 A-1 I. I... .... CO. AC- -11 p (D A p, F—O—PE—N—SP—�—EAJ 1—1 Wl 1 A—1 Y,�p I 97 _j L (,:A 1172 (LO) ORANGE HIGH scHooL ROAD(s v I—A�,LAP --------------- T I N A. LY d V REN-5.UC P. �T In= LEGEND STONEWALL SUBDIVISION Ij—aarwEEE A.R-- —EAP 941154 D9jll4W -p� R— O —TI N— X .f�RE,—ER I_AN——aEc_�_—RE 1/1 P7 H�AZrA—Y—_1�R�WRATI —E$ c� AMW NM 11 7—2 _�-1—N � A I,11C ,,c— LAND SURVEYORS 0 50 100 200 400 C14 GRAPHIC SCALE 33 ORANGE COUNTY Department of Environment, Agriculture,Parks&Recreation MEMORANDUM To: Taylor Perschau, Current Planning Supervisor,Planning and Inspections Department From: Christian Himi,Land Conservation Manager Date: January 30,2024 Re: Stonewall Subdivision-Regulated Major Subdivision Application Thank you for the opportunity to review and comment on the proposed Regulated Major Subdivision upon land listed under Grayrose Properties LLC. The development would create 18 single-family lots and associated open space on approximately 36 acres located on the east side of Miller Road,north of the intersection with Orange High School Road The subject property is one parcel(PIN 9875-64-5097)and is within the Lower Eno River Watershed. The property's northern bounds contain approximately 1,500 linear feet of Strouds Creek and a small tributary entering from the north for an additional 200 feet. Strouds Creek is a direct tributary to the Eno River,meeting its confluence just over 1.3 miles downstream. DEAPR comments on subdivisions are generally intended to a)address any concerns with respect to potential impacts on important natural or cultural resources,and b)identify any areas that might be desirable for possible dedication to the County for public recreation/open space pursuant to Section 7.11.5 of the Unified Development Ordinance. Natural Resources Review Comments: The plan calls for setting aside approximately 15.99 acres of Open Space(-44 percent)primarily around riparian buffers of Strouds Creek and its tributaries, and the floodplains as delineated within the site plan. The area on the property containing the Strouds Creek,its tributaries,the floodplains, and a one-acre portion of the forested area around the tributary through the northern portion of the property, approximately acres in size,is recognized in the 2030 Orange County Comprehensive Plan Future Land Use Map as a"Resource Protection Area". These areas were determined to be of conservation value considering several factors, including but not limited to the existence of floodplains,wetlands, bottomland hardwood forests, and soils of statewide importance. Cross-referencing the State Natural Heritage Program dataset of the Biodiversity and Wildlife Corridor Assessment confirms Strouds Creek(and its forested corridor approximately 200-300 feet from centerline),to be of highest conservation value(Score 10/10). This section of the Strouds Creek is listed within the State Inventory of Natural Areas for Eno River Aquatic Habitat and is confirmed by the Natural Heritage Program to be primary habitat for(and contain occurrences of)two species of highly sensitive freshwater bivalves(mussels), including the listed state threatened Notched Rainbow Villosa constricta, and state threatened Creeper Strophitus undulatus. As such,this area would be the desired addition to any potential extension of the proposed open space on the tract.Any such use of this area should be limited to allowing it to remain in its natural and wooded state, and the recommendation would be to provide only low impact recreational uses in the designated open space. All other uses or potential improvements associated with the development of the tract should be located outside of this area. 34 Cultural Resources Review Comments: There are no previously identified historic properties or resources located on the subject parcel. As with any development,care should be taken to locate, identify and protect any potential human burial sites or cemeteries. The current Cemetery Census does not show any identified burials on this parcel. Anyone who encounters what appears to be a burial or grave should immediately contact the Orange County Cultural Resources Coordinator at 919-245-2517. Potential for Parks/Open Space Dedication: Orange County has previously developed the Fairview Park property in this park district, approximately one and one-half miles to the west. Several State Parks are also located in close proximity. Based on these existing sites,payment-in-lieu funds to help fund future park amenities in the district is recommended rather than land dedication. If you have questions,please contact Christian at 245-2514 or Peter Sandbeck at 245-2517. 35 From: Edwards,Charles N To: Ashley E. Moncado; Elizabeth Farnan; Nishith Trivedi;Matthew Taylor;Christian Hirni Cc: Steve Kaltenbach;Christopher Sandt Subject: RE: [External]DAC Memo-SUB23-0098(Williams Glen)and SUB24-0001(Stonewall) Date: Wednesday,February 21,2024 9:58:19 AM Attachments: imaae003.pna Ashley, NCDOT has previously provided comments to DAC on these submittals. NCDOT has no additional comments at this time. C. N. Edwards Jr., PE (Chuck) District Engineer North Carolina Department of Transportation Division of Highways Division 7, District 1 336 570 6833 cnedwardsCc�ncdot.gov 115 East Crescent Square Drive P. O. Box 766 Graham, NC 27253 F 36 MEMORANDUM TO: DEVELOPMENT ADVISORY COMMITTEE FROM: MATT TAYLOR,ORANGE COUNTY SOLID WASTE MANAGEMENT SUBJECT: SUB24-0001 DATE: 2-27-2024 1. ROAD WIDTH AND CUL-DE-SAC RADIUS ARE SUFFICIENT FOR OC SOLID WASTE RECYCLING COLLECTION VEHICLES TO ACCESS SAFELY AND TURN AROUND. NO FURTHER COMMENTS FOR THIS PROJECT FROM OC SOLID WASTE 37 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 1919.24S.2575 MEMORANDUM TO: Cy Stober, AICP — Director, Planning & Inspections Department FROM: Patrick Mallett, Deputy Director Development Services CC: Christopher Sandt, PE — County Engineer, Planning & Inspections; and Steve Kaltenbach, Erosion Control and Stormwater Supervisor DATE: February 28, 2024 CASE: SUB24-0001 PIN: 9875-64-5097 WATERSHED: Lower Eno Unprotected (Neuse River Basin) PROJECT: Stonewall Subdivision SUBJECT: Summary of Findings Regarding Conformance with Orange County Unified Development Ordinance (UDO) for Erosion & Sedimentation Control and Stormwater Management This memo summarizes the Development Services Erosion Control and Stormwater Management Division's (hereafter, the "Division's) assessment of the submitted application for a Major Subdivision Concept Plan (SUB), submitted as the "Stonewall Subdivision" (hereafter, the "project"). The project is located within 36.36 acres of property located along Miller Road within the Hillsborough township. The request proposes development consisting of: ■ New 18-lot flexible subdivision ■ New public entrance road (50-ft right-of-way) The Staff comments contained herein are based upon a Subdivision Plan dated January 4, 2024. These findings should not be interpreted as the Division's final analysis/approval of the proposed development. Upon zoning approval, the proposed development would then be required to submit a Land Disturbing Permit (LDP) which would formally review and approve development activity consistent with the Site Plan. Erosion & Sedimentation Control (E&SC): Based on the submitted materials for the proposed development, the project could meet the Erosion and Sedimentation Control requirements as required by Orange County UDO Section 6.15 and could be developed as generally proposed. Page 1 of 2 Orange County Government I www.orangecountync.gov 1 919.732.8181 38 Stormwater Management: The submitted materials indicate a level of development that could meet current UDO requirements specific to stormwater management. Two (2) permanent Stormwater Control Measures (SCMs) are proposed; specifically, "SWM 1" and "SWM 2". Only the general locations of the proposed SCMs have been provided, with no supporting calculations. The project will need to meet applicable stormwater management requirements as outlined in Section 6.14 of the Orange County UDO and must be in general conformance with the North Carolina Stormwater Design Manual (i.e., Minimum Design Criteria). Conclusion: The Division has No Objections to the approval of the SUB application so long as a complete LDP application and supporting plans and calculations are submitted for review, processing, and approval prior to commencement of on-site Land-Disturbing Activity. As the project progresses, additional field observations, additional permitting by others (e.g., US Army Corps of Engineers, NC Department of Environmental Quality, NC Department of Transportation, etc.), additional buffers, setbacks, and/or additional Orange County review and permitting may apply beyond the proposed development as shown with this SUB application. D Digitally signed by Christopher J.Sandt,P.E. Christopher J. Sandt, 1 ,E� DNcngineertog herJon,a PE.,o=Orange Cgecountyn.ov,Carolina, ou=En ineerin Division email=csand[@oran ecount nc.ov,-US Date:2024.02.28 15:33:00-05'00' Christopher Sandt, PE Date 2/28/24 Steve Kaltenbach Date Page 2 of 2 39 Ak ORANGE COUNTY HEALTH DEPARTMENT Improving health. Inspiring change. MEMORANDUM TO: Cy Stober, AICP — Director, Planning & Inspections Department FROM: Victoria Hudson — Orange County Environmental Health Division CC: Patrick Mallett— Deputy Director Development Services DATE: March 18, 2024 CASE: SUB24-0001 PIN: 9875645097 WATERSHED: Lower Eno PROJECT: 18 lot major subdivision, flexible option with 48.8% open space and new public road SUBJECT: Summary of Plan Review by Orange County Environmental Health Division This memo summarizes the summarizes the findings of an Orange County Environmental Health plan review of the application for a flexible subdivision plan, submitted as the "Stonewall" project (hereafter, the "project"). The project is located within 36.36 acres of property on Miller Road, Hillsborough. The request proposes development consisting of: • Application is proposing to subdivide parcel into 18 lots. The Staff comments contained herein are based upon the submittal of a required Site Plan, dated January 4, 2024, and posted for review on February 19, 2024. These findings should not be interpreted as the Division's final analysis/approval of the proposed development. Soil and site evaluations have not been conducted by the Orange County Health Department, Environmental Health Division. The Health Department's role in the subdivision is one involving preliminary determination of soil suitability for septic systems and available space for private water supply wells. 40 Environmental Health Conditions X At this time, no application(s) have been received. Application(s) and fees required. X Improvement Permit(s) shall only be issued upon presentation of the exact structure to be constructed. X Permit(s) must be issued by the Orange County Health Department prior to any alteration of the lot(s). X Permit conditions may apply. Existing EH records are attached. Existing well and/or septic systems will be impacted. Contact Public Water Supply for on-site water supply. Other: Conclusion: EH has no objections to the approval of the zoning request so long as the above list is addressed to the Orange County Health Department for processing and issuance of Permits. This designation is not an Improvement Permit or Well Permit and not approval for a septic system or on-site water supply. Additional field observations and/or permitting by others may apply beyond the proposed development as shown with this request. Please direct any questions or requests for Laws, Rules, and policy to ehapplications(a)_orangecountync.gov. �A ` Wav" 03-18-2024 Victoria Hudson, MPA, REHS Date Or designee Attachment 5 41 DRAFT 1 Excerpt of Minutes MEETING MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 AUGUST 7,2024 4 REGULAR MEETING 5 6 7 MEMBERS PRESENT: Adam Beeman (Chair), Cedar Grove Township Representative; Lamar Proctor(Vice-Chair), 8 Cheeks Township Representative; Statler Gilfillen, Eno Township Representative; Steve 9 Kaufmann, Bingham Township Representative; Charity Kirk,At-Large Representative; Chris 10 Johnston, Hillsborough Township Representative;Whitney Watson,At-Large Representative; 11 Marilyn Carter,At-Large Representative; Delores Bailey,At-Large Representative 12 13 MEMBERS ABSENT: Liz Kalies, Chapel Hill Township Representative; Beth Bronson, At-Large Representative 14 15 STAFF PRESENT: Perdita Holtz, Deputy Director—Long Range Planning &Administration; Patrick Mallett, 16 Deputy Director— Development Services; Lauren Coffey, Planner I; Jack Moran, Planning 17 Technician 18 19 OTHERS PRESENT: Jamie Cox, Brian McGuire, Jerry Blanchard, Tammy McGuire, Becky Laskody, Lucas 20 Babinec, Douglas Jones, Linda Ridenhouse, Jessica King, Frank Cohen 21 22 ****** 23 AGENDA ITEM 8: MAJOR SUBDIVISION PRELIMINARY PLAT:To review and make a recommendation to the 24 BOCC on a Preliminary Plat application for a Major Subdivision named Stonewall. The 25 Plat is consistent with the Concept Plan reviewed and approved by the Planning Board in 26 April 2024. The proposal is for an 18-lot subdivision on approximately 36.36 acres with 27 47.9% (17.42 acres) of dedicated open space. The parcel is located on Miller Road in the 28 Hillsborough Township, PIN 9875-64-5097. 29 Patrick Mallett: Next item that you have on your agenda is a major subdivision flexible development. This 30 is the preliminary plat; it's commonly known as the Stonewall Subdivision. It's off of Miller 31 Road. This was Ashley Moncado's case but given the weather and the fact that she lives 32 far away I said I'll take this case forward for you. Unlike the previous case, this is like the 33 Lawrence Road Subdivision that you heard during the summer. It's not a zoning, it's a 34 major subdivision process. The circumstances are different, and it is meeting all the 35 requirements required in Section 7 of our UDO. That process you go from a concept plan 36 to a preliminary plan and then the final plat. The subdivision is proposing a degree of 37 open space and single-family lots. This outlines the process, this is where we are, the 38 preliminary plat, that goes on with a recommendation just like a rezoning goes to the 39 commissioners. They consider it, if approved, then a final plat is prepared with other 40 documents and recorded with land records through the register of deeds. Like I said, the 41 site is over northeast of Hillsborough off of Miller Road. This shows the pin, the township, 42 a rural site, currently it's 36.36 acres, and the applicant is Kevin Currin, Grayrose 43 Properties. This property is actually split zoned slightly, there's, the area in green is 44 zoned rural buffer, the area in yellow is rural residential or R1. It's in the Lower Eno, 45 Unprotected watershed. There are no other overlay districts. Future land use 46 designation, rural residential, agricultural residential, this is the COCA which drives what 47 they can do in terms of service and densities. The summary of the subdivision is flexible 48 development plan, so it has a road, common open space, they're proposing a total of 18 49 lots. The average lot size is 40,012 square feet, that's just under, that's pretty close to an 42 DRAFT 50 acre. The area in open space is 17.42 acres, that totals 47.9 percent in open space. 51 There's a breakout of the open space in primary and secondary, you may recall, last go 52 round with the major subdivision we had different tiers of open space, primary open space 53 is intended to preserve naturally sensitive areas, steep slopes, stream buffers, areas of 54 historical or cultural significance and then secondary open space which can be used for 55 more active like uses. The buffers and setbacks 40 feet from the rights-of-way including 56 the new road that they would build 20 feet from the sides and the rear and a 30-foot type 57 B buffer. There's also a perimeter building setback of a hundred feet. Access would be 58 via a 50-foot public right-of-way and it's a DOT ultimately accepted road. They'd be 59 served with individuals wells and septic systems, and they're making a payment in lieu for 60 their park and rec fee. That's pretty standard with these types of subdivisions. This is the 61 overall layout, you can see they're basically drawing a singular road, terminating in a cul- 62 du-sac with single family lots flanking it and then open space around the perimeter and to 63 the rear, that round object at the end of the cul-du-sac is a storm water control measure, 64 an SCM that would account for their pre-post runoff in terms of water volume runoff and 65 nutrient removal. This is where we are in the planning board process. As I said, it would 66 move on to the board of county commissioners. Staff analysis is the application was 67 deemed complete. We determined the property is sufficient size, that it meets all the 68 requirements of the subdivision section, Article 7 of LIDO, and staff supports the approval 69 of the flexible development option contained in Attachment 1. Plan director recommends 70 that you receive the application, recommend approval for the preliminary plat as 71 submitted. Any questions for me? 72 Adam Beeman: One person from the public wants to speak. 73 Jamie Cox: Hi again, thanks for allowing me to speak. I'm Jamie Cox, owner of the adjoining property 74 at the end of the cul-du-sac. Just wanted to mark a couple of things for the record. 75 Appreciate the additional analysis that was done on the soils for the property. I think 76 that's very helpful. Didn't exactly answer the concern we had about the impact to the well 77 on adjoining property so just wanted again to note that for the record. The other is that 78 the preliminary plat shows the electric service that actually goes over or the overhead 79 wires and then stops. It does not show the undergrounds wires that actually takes the 80 service to our property. We had asked the developer and the planning staff to consider 81 depicting the underground utility service and providing an access and utility easement 82 over that utility service to our property. We were told that's not the planning department's 83 job, which is fine, but I bring that to you since we'd like to continue to use electricity at our 84 house. But that's our only concern other than what we've already stated, so appreciate 85 you guys. 86 Adam Beeman: Thank you. 87 Charity Kirk: Can you clarify your concern? You're concerned about the well water capacity on the 88 adjacent property. As well as you receiving electricity because there's no electrical 89 easement noted. 90 Jamie Cox: Correct. 91 Charity Kirk: Okay. 92 Jamie Cox: Well said. 93 Adam Beeman: Let's start down this way, Dolores, do you have any questions? Whitney? 43 DRAFT 94 Whitney Watson: One quick question. I believe it was presented before was the question about the 95 easement to the circular drive along the southern border of the development. Was that 96 resolved so there is road access back to your property, is that correct? 97 Jamie Cox: It's difficult to see but our property is actually served by a private driveway that runs along 98 the southern portion of the property and it's our understanding it's not included in this 99 development application, it will continue to be maintained privately, so we don't have 100 concerns about the vehicular access. The concern that I share with you now is just 101 making sure that we have utility and electric access because it's not depicted on the plat. 102 And what we were told is that will get worked out, don't worry about it, and that's fine, but 103 since it's going to be depicted, since this is showing electric service, we'd like the 104 underground line shown as well and an easement over them, so we have the assurance 105 that we can continue to have electricity. Thanks. 106 Adam Beeman: I assure you if you call Duke, they'll give you a copy of that easement. 107 Jamie Cox: It's Piedmont. I've asked for the contact from the developer's engineers a couple of times 108 and haven't received any input from that, so happy to talk to Piedmont directly. 109 Adam Beeman: I'm saying because when I had to sign up years ago back in 20081 have a copy of my box 110 that's the Duke Piedmont easement giving the right-of-way so there's going to be a 111 document that Piedmont has in their possession that says that they have a right-of-way 112 with your property so if you're really concerned about it, I'd contact Piedmont directly and 113 see if they couldn't get that information for you. 114 Jamie Cox: Yeah, absolutely happy to do it. It's more than likely going to change since they can see 115 that electricity line is going directly through one of the lots, my assumption is it'll go to one 116 side or the other, so we'd just like to see that change depicted on the plat. 117 Adam Beeman: Marilyn, any questions? 118 Marilyn Carter: Not at this moment. 119 Adam Beeman: Statler? 120 Lamar Proctor: Just so I understand, it's just an up or down approval, right? 121 Patrick Mallett: That's right, and this is not a legislative process that you're going, this is a subdivision 122 process, so you'd have to point to an element that they're not meeting as a requirement in 123 Section 7 of the UDO. 124 Lamar Proctor: Okay. And you've reviewed it, and you don't find anything inconsistent with Section 7 or 125 Article 7? 126 Patrick Mallett: That's correct. And we have worked with Mr. Cox, and we've made that aware to the 127 developer, the surveyor does a lot of work in Orange County, and really the utility provider 128 and the owner, if something goes wrong from Point A to Point B, they're on the hook to fix 129 or rectify that situation so that it doesn't disrupt service to an adjacent owner. 130 Lamar Proctor: Who is the utility provider? 131 Patrick Mallett: PEMC, Piedmont. And then with the wells and septics they're required to provide a 132 certain level of analysis to evidence that it could be supported. As an added step the 133 subdivision process gets you to the point that you can record the lots, you still have a land 44 DRAFT 134 disturbance permit that you have to factor in, you still have well permits for all the 135 individual lots that you have to get reviewed and approved by Environmental Health, you 136 still have the septic permits that have to get reviewed and approved. They've done what 137 is typical of this type of development, it is a bit of a gamble on the developer's part 138 because they don't have those permits in hand, but they obviously feel, they've done 139 enough due diligence to feel comfortable enough to proceed with the design as they 140 proposed. 141 Chris Johnston: I have no questions. 142 Adam Beeman: Charity? 143 Charity Kirk: I have an aside really quick about how often do wells run dry in Orange County due to 144 new developments, because this keeps coming up, this comes up in almost everything 145 where neighbors are worried about wells running dry, so just how often does it happen? 146 Patrick Mallett: I'm not Environmental Health, but I don't know of any wells running dry. I think some of the 147 issues and concerns have been over the years, is how much pressure and is there going 148 to be an impact on my well versus your well. Orange County has the subsurface, we're 149 not like a coastal plain community, there's not a, you can take it to the bank, you dig 6 feet 150 down you're going to hit the water table and so ultimately the impact, if you drill one well 151 here and one well there, they may or may not be draining from the same water source in 152 terms of quality, volume, and I can say a fair number of wells with recent development 153 have gone deeper to ensure that they've got enough of a water source and water 154 pressure. 155 Charity Kirk: Is this a health department question or who keeps track of the aquifers in the county? 156 Patrick Mallett: The health department is in charge of the wells. 157 Charity Kirk: Okay, so the health department would be aware. 158 Patrick Mallett: Yes, they are. Part of this journey to get you to this point includes staff review in the 159 planning department. We also take it to the Development Advisory Committee.All 160 development projects go through them and then they issue their memos. 161 Charity Kirk: How often does the health department flag something as being a potential problem? 162 Patrick Mallett: I can't remember a single case where they've said no, definitely, this could be a problem. 163 Charity Kirk: So, it's very much trusting the engineers who look at these, okay, thank you. 164 Patrick Mallett: It takes a lot of money to get to this point so there is some confidence and if they're wrong 165 then they're on the hook for that error. 166 Charity Kirk: That they can provide water to this property. Okay, thank you. 167 Chris Johnston: I apologize for butting in, but if it is affected, for instance, who's on the hook for that? Is it 168 the homeowner who now has the affected well or is it the nearby property that just went in 169 X, Y, Z. Do they have to prove cause? 170 Patrick Mallett: I think that that would ultimately take a journey through civil litigation and attorneys and 171 I'm not an attorney. 172 Chris Johnston: Nope, that's fine. Thank you. 45 DRAFT 173 Adam Beeman: Any other questions? 174 Lamar Proctor: I make a motion to recommend approval of the preliminary plat to the Board of County 175 Commissioners as submitted finding it's in conformity with Article 7 of the UDO. 176 Statler Gilfillen: Second that again. 177 MOTION BY Lamar Proctor to approve the preliminary plat. Seconded by Statler Gilfillen. 178 MOTION PASSED UNANIMOUSLY. 179 ****** 46 Attachment 6 Resolution #: RES-2024-048 RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date: September 5, 2024 Name of Subdivision: Stonewall Owner/Applicant: Kevin Currin 1050 Rhodes Gap Trail Durham, NC Consultants/Agent(s): EarthCentric Engineering 204 West Clay Street Mebane, NC The Board of County Commissioners hereby approves the Stonewall Preliminary Subdivision Plat, dated June 25, 2024, containing the following: • 18 lots slated for single-family residential development with a density of one (1) dwelling unit per every 2.02 acres of land area; • 1 paved public roadway, tentatively named "Magpie Lane" constructed to North Carolina Department of Transportation public road standards; • The preservation of 17.42 acres of Primary and Secondary open space as denoted on the Preliminary Plat; and • A 30-foot wide landscape buffer along Miller Road. 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 publicly offered areas/easements, including rights-of-way for the public portions of roads named "Magpie Lane" without maintenance responsibility. 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 Stonewall can be approved by the Planning Department and recorded within the Orange County Registrar of Deeds office the following conditions shall be addressed: 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 47 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. B. 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 as established by the governing Homeowner's Association declaration. These provisions shall be in a form approved by the County Attorney. C. Wells 48 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. Magpie Lane shall be constructed to the standards of the North Carolina Department of Transportation in accordance with the approved Preliminary Plat. 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 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 above public road. No driveway access for any of the lots shall be permitted off of Miller Road. 3. An erosion control and stormwater management plan for construction for the aforementioned roadway 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 intersections of public 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 Miller 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. 49 6. Sight triangles (10' x 70') shall be shown on the Final Plat at the intersection of Miller Road and Magpie Lane. E. Land Use Buffers and Landscaping 1. The 30-foot wide "Type B" land use buffer along Miller Road, 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. 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(s) denoted on the approved Preliminary Plat shall be preserved as proposed by the applicant. 2. 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. 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 18 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. 50 6. The stream buffer areas denoted on the approved Preliminary Plat shall be left in an undisturbed, natural state. F. Drainage 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. 3. Drainage culverts shall be sized and located appropriately, as required by NCDOT and Erosion Control, by a licensed North Carolina Professional Engineer. 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 $7,596.00 ($422.00 times 18 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 51 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 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. 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. 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. 4. The North Carolina Department of Transportation shall certify that the platted portions of Magpie Lane has been entirely constructed to State standards or that construction plans have been approved prior to Planning Department signatures on final plat. 5. A Certificate of Approval signed by the Orange County Planning and Inspections Department shall appear on the face of the Final Plat. 6. 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 Preliminary Plat for Stonewall is approved in accordance with the above mentioned conditions and attached Preliminary Plat dated June 25, 2024. Upon motion of Commissioner , seconded by Commissioner 52 the foregoing resolution was adopted this the day of , 2024. I, Laura Jensen, 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 , 2024 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 2024. Clerk to the Board of Commissioners