HomeMy WebLinkAboutAgenda - 02-04-2003-5a1ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 4, 2003
Action Agenda
Item No. 5
SUBJECT: Tuscany Ridge- Resolution of Approval Condition Amendment
DEPARTMENT: Planning & Inspections PUBLIC HEARING: (Y/N) NO
ATTACHMENT(S): INFORMATION CONTACT:
Draft Amended Resolution of Approval Craig Benedict, Director, ext. 2592
TELEPHONE NUMBERS:
Hillsborough 245-2575
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To consider amending a condition in the Resolution of Approval for the Preliminary
Plan of Tuscany Ridge subdivision concerning the paving of Arthur Minnis Road.
BACKGROUND: This proposed amendment reflects recent developments regarding the Arthur
Minnis Road paving discussions held in December 2002 and January 2003. In order to prepare
in a timely manner for the prior Commissioners' meeting, the Developer was requested to notify
the County regarding the acceptance of a -proposed escrow option within several days following
the presentment of such option. The Developer was unable to accept within that timeframe, but
continued to discuss and evaluate the proposed change in the preliminary plan approval
resolution and maintained contact with the County. On January 24th, the Developer provided
formal notification of willingness to accept the proposal discussed below, which prompts this
subdivision preliminary plan resolution amendment.
The Tuscany Ridge subdivision received preliminary approval at the June 27, 2002 BOCC
meeting and the developer has been steadily working toward meeting the conditions required to
record the final plat. Subsequent to the approval by the BOCC, numerous adjoining property
owners, as well as other residents, have requested that the BOCC investigate with the North
Carolina Department of Transportation (NCDOT) the preliminary plan requirement for the
paving of a 900' segment of Arthur Minnis Road citing, among other issues, safety. The BOCC
has provided the public venue for the residents so their concerns could be transferred to
NCDOT, which has the statutory responsibility for road construction and maintenance. NCDOT
has responded with letters stating its responsibility to ensure safe road design. NCDOT has
satisfied itself that the developer's design of the road segment meets NCDOT safety standards.
With encroachment agreements authorized by NCDOT, the developer was pursuing road
construction because the subdivision approval condition dictates that activity.
As expressed by the BOCC at the December 2, 2002 Board meeting, an option for the
developer to escrow road related monies to NCDOT has been explored. County Attorney
Geoffrey Gledhill and Planning Director Craig N. Benedict conducted a conference call (due to
inclement weather) with the NCDOT staff in Greensboro on Wednesday, December 4, 2002.
Subsequent meetings have occurred on December 17, 2002 and January 8, 2003 involving the
County Manager, the Planning Director, the County Attorney, Commissioners Jacobs (on
December 17, 2002) and Halkiotis (on January 8, 2003), the Developer and NCDOT engineers
concerning a short term and long term solution to the paving of Arthur Minnis Road.
The discussions bore positive outcomes: to delay the construction of the road segment and to
pursue the steps to pave Phase 1 (900') in the Spring (by May 15, 2003) and Phase II (7100') in
the next Secondary Road paving cycle (paving likely in late 2003 to late 2004).
The amendment to the Preliminary Plan that is proposed here will allow the developer/property
owner to continue with the development of the subdivision. It also will give NCDOT additional
time to determine if the entire unpaved segment of Arthur Minnis Road qualifies for paving using
new State legislation which would permit NCDOT to acquire the small segments of right-of-way
needed to improve and pave the entire unpaved segment of Arthur Minnis Road. The proposed
amendment is:
Condition Number B.7. of the June 27, 2002 Resolution of the Orange County Board of County
Commissioners is amended by deleting the original condition in its entirety and replacing it with
the following:
B.7. The segment of Arthur Minnis Road from Rocky Ridge Road west to approximately
31 feet from the western property line of the subdivision that intersects with Arthur Minnis
Road ("Phase I paving") shall be constructed and paved to NCDOT standards. Phase I
paving shall be completed either by the owner/applicant pursuant to an approved North
Carolina Department of Transportation encroachment agreement or by the North
Carolina Department of Transportation. Cash or a certified check in the amount of
$20,000 shall be paid by the owner/applicant to Orange County. So long as Phase I
paving is substantially completed by the North Carolina Department of Transportation on
or before May 15, 2003, Orange County will pay this $20,000 to the North Carolina
Department of Transportation for purposes related to the paving of the unpaved segment
of Arthur Minnis Road west of the subdivision entrance and then west to the intersection
of Arthur Minnis Road and Dodsons Crossroads ("Phase II paving"). Orange County will
pay this $20,000 to the owner/applicant on or after May 15, 2003 in the event Phase I
paving is either not undertaken by the North Carolina Department of Transportation or
not substantially completed by the North Carolina Department of Transportation on or
before May 15, 2003. In the event Phase I paving is either not undertaken by the North
Carolina Department of Transportation or not substantially completed by the North
Carolina Department of Transportation on or before May 15, 2003, the owner/applicant
shall complete Phase I paving, pursuant to an approved North Carolina Department of
Transportation encroachment agreement, within 90 days of return to the owner/applicant
of the $20,000 payment. The final plat for Tuscany Ridge Subdivision may be recorded
any time after all conditions for its recording have been satisfied including this Condition
Number B.7, which shall be considered satisfied upon either the payment to Orange
County of $20,000 by the owner/applicant or the completion of Phase I paving.
FINANCIAL IMPACT: No public fiscal impact is associated with this action.
RECOMMENDATION: The Administration recommends approval of the amendment to
Section B. Roads and Access Condition 7 as stated above.
DRAFT
AMENDMENT TO
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date of Meeting: February 4, 2003
Name of Subdivision: Tuscany Ridge
Owner/Applicant: Red Zin Development, LLC
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The Board of County Commissioners hereby amends its June 27, 2002 Resolution approving the
preliminary plan of the Tuscany Ridge Subdivision as follows:
Condition Number B7 of the June 27, 2002 Resolution of the Orange County Board of County
Commissioners is amended by deleting the original condition in its entirety and replacing it with
the following:
B.7. The segment of Arthur Minnis Road from Rocky Ridge Road west to approximately
31 feet from the western property line of the subdivision that intersects with Arthur
Minnis Road ("Phase I paving") shall be constructed and paved to NCDOT standards.
Phase I paving shall be completed either by the owner/applicant pursuant to an approved
North Carolina Department of Transportation encroachment agreement or by the North
Carolina Department of Transportation. Cash or a certified check in the amount of
$20,000 shall be paid by the owner/applicant to Orange County. So long as Phase I
paving is substantially completed by the North Carolina Department of Transportation on
or before May 15, 2003, Orange County will pay this $20,000 to the North Carolina
Department of Transportation for purposes related to the paving of the unpaved segment
of Arthur Minnis Road west of the subdivision entrance and then west to the intersection
of Arthur Minnis Road and Dodsons Crossroads ("Phase II paving"). Orange County
will pay this $20,000 to the owner/applicant on or after May 15, 2003 in the event Phase I
paving is either not undertaken by the North Carolina Department of Transportation or
not substantially completed by the North Carolina Department of Transportation on or
before May 15, 2003. In the event Phase I paving is either not undertaken by the North
Carolina Department of Transportation or not substantially completed by the North
Carolina Department of Transportation on or before May 15, 2003, the owner/applicant
shall complete Phase I paving, pursuant to an approved North Carolina Department of
Transportation encroachment agreement, within 90 days of return to the owner/applicant
of the $20,000 payment. The final plat for Tuscany Ridge Subdivision may be recorded
any time after all conditions for its recording have been satisfied including this Condition
Number B.7, which shall be considered satisfied upon either the payment to Orange
County of $20,000 by the owner/applicant or the completion of Phase I paving.
DRAFT
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NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners
that the amendment to the Resolution of Approval for the Preliminary Plan of the Tuscany Ridge
Subdivision is approved.
Upon motion of Commissioner , seconded by Commissioner ,
the foregoing resolution was adopted this the day of 12003.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North
Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the
proceedings of said Board at a meeting held on , 2003 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 , 2003.
Clerk to the Board of Commissioners