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HomeMy WebLinkAboutAgenda - 10-15-2002 - 8i ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 15,2002 Action Agenda Item No. R_i SUBJECT: Ashwick Subdivision—Amendment to Resolution DEPARTMENT: Planning & Inspections PUBLIC HEARING: (YIN) No ATTACHMENT 1)Resolution for Approval of Amendment INFORMATION CONTACT: to May 15,2X2 Resolution of Approval Craig Benedict, Planning Director, ext. 2592 2) Request for Amendment from Applicant Tina Moon, Planner ll, ext.2583 3) Preliminary Plan with Pedestrian Path TELEPHONE NUMBERS: Hillaborough 732-8181 Chapel Hill 9684501 Durham 688-7331 Mebane 3381 PURPOSE: Consideration of an amendment to the Resolution for Approval for Ashwick Subdivision. BACKGROUND: On May 15,2001, the Board of County Commissioners considered and approved the Preliminary Plan for Ashwick a flexible development subdivision located on US Hwy. 70 West in Cheeks Township. The proposal providetl for the creation of fdty-eight (58) single-family residential lots on a 50.93-acre tract. Approximately 24 acres (47%)of the site was allocated for open space, including a dedication of 4.46 acres for public open apace along the northern side of McGowan Creek. During the discussion, Commissioner Jacobs asked about a phasing plan, and Indicated his preference that residents of the fret phase have immediate [pedestrian] access to the open space. Commissioner Jambe further requested that the developer provide walking paths, the paths to the constructed in a natural material. Per this discussion.the Resolution of Approval was revised to include a new Item 9, under Section B. Roads and Access, claiming provisions for the developer to construct an Internal walkway system within the Noah Carolina Department of Transportation (NCDOT)right-of. way for all interior roads, graded for an even surface, and covered in a natural surface such as woodchips. 2 The developer advanced the phasing plan, dedicating all of the open space, public and private, as pad of the first phase. During construction of the first phases of the project, it was determined that Condition#9 could not be met because: • NCDOT would not accept the path in the DOT rightof-way. • The grading of the project made locating a path in the right-of-way physically impossible, • Irregardless of cast, a wood chip or similar path could not be reasonably maintained if located on the steep slopes. Rains would erode the material, which would con into the naturally graded drainege awales and culverts, part of the NCDOT rightof-way. On September 5, 2002, the developer met on the site with the project engineer, and representatives from NCDOT and the County. The group determined that it is impossible to construct such a walkway system within the public (NCDOT maintained) right-of-way. As an alternative,the developer has offered to construct and install a natural surface trell system within the extensive areas of open space in the subdivision, which will satisfy the intent of the condition and will be functionally equivalent to the original requirement. The "Interior trail system will provide all residents pedestrian access to the open space without walking along the subdivision roadways. Philip Post and Associates,the agent for developer, has submitted the attached memorandum requesting an amendment to the Resolution for Approval to allow construction of the bell system. Planning staff have prepared the attached amendment to the May 15, 2001 Resolution of Approval. The amendment would revoke the sections of Condition #9, which require construction and installing an internal walkway system within the NCDOT.right- of-way for all interior maps, and add the requirement for Installing and construction of an internal walkway system within the subdivision open space according to the updated Preliminary Plan showing the pedestrian path in green (dated April 4, 2000 and last revised October 2,2002). The Administration conclusion is that the proposal for pedestrian access within the subdivision meets the intention of Condit ion#9 and enhances the usability of the open space. FINANCIAL IMPACT: Them is no financial impact associated with this decision. RECOMMENDATION(S): Administration Recommendation The Administration recommends that the Speed amend the May 15, 2001 Resolution for Approval for Ashwick Subdivision in accordance with the attached resolution. 3 RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS TO APPROVE ASHWICK SUBDIVISION PRELIMINARY PLAN Date October 15,2002 Name Of Subdivision Ashi OwnerlApptkard Ashwick Associates, LLC (formerly Perry's Construction Corporation) The Board of County Commissioners hereby approves Nis amendment to the May 15, 2001 Resolution for Approval fa the Preliminary Plan hr Ashwick subdivision as shown on the updated Preliminary Plat Oast revised October 2. 2002) and subject to fulfillment of amended requirements starched herein Before the Final Plat of Ashwick SubdMSlon can be incomes: I B. Roads and Access - 9. T' a de slope s 11 "t-11 War 'W`RbHW a 1 1 day sal walk nan s�de n will 9 a sh D . Thedevelopershall natall and construct an internal walkway system within the subdivision open space according to the updated Preliminary Plan showing the pedestrian path in Breen (dated April 9,2000 and last revised October 2, 2002j. Such walkways shall be graded for an even surface,and covered in a natural material such as woodchips;they shall not be named. The internal walkway system shall be installed as indicated on the Final Plat and inspected by Planning Department Weil prior to Final Plat approval and again prior to the transfer of control of the Homeowners Aswtlation from the developer he the home owners as provided by the recordent Declaration of Covenants, Conditions and Restrictions for Ashwick Subdivision. The Dedicator of Development Restrctlons and Requirements prepared by Planning Department Staff shall marine a maintenance agreement for the Homeowners Association to Permanently maintain the Internal walkway system. 6 NOW,THEREFORE BE IT RESOLVED, by the Board of Orange County Commissioners,that this amendment to the Resolution for Approval for the Preliminary Ran for Ashwirk subdivision Is approved in accordance with the above mentioned conditions and attached preliminary plan with the Pedesldan Path System ahi in green(dated April 0, 2000, last updated October 2, 2002). Upon motion of Commissioner seconded by Commissioner the foregoing resolution was adopted this the_day of 2002. I,Donna Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY drat the foregoing is a true ropy of so much of the proceedings of said Board at a meeting held on 2002 as relates in any way to the adoption of the foregoing and that said proceedings are remrtled in Minute Book No._ of the mitres of said Spend WITNESS my hand and the veal of said County,this_day it ,2002. Clerk to nine Board of Commissioners PHILIP PST ASSOCIATES Memorandum Ike: 992002 Tte Craig 9enadic(Crongc COUntyl?knning Dept. Kenn PWUP PsA and Associates,be. HE AsbMck Subdivision Walking"Iru'IN We hereby request slur du (lmnge Cowry Board ofCnrnmissiorua collard dace«solution approving the peel blsy,plan of the AsbMck Subdivision.We rqpeelfllLLy requeq skis sedon be a pan of the Cewb r 15,2052 Dowd of cosh Cmmoivio,,,s minting agenda I be rrnson for the re ml is that the w,lking trail, YNtliNd w be cOKSo lad wiWn the N=nght-Of-way, by be resolution of approval of the patina r Plan antrovff by Ibe apud of Co�mnrnesiorcn On MaY 15,2001,cunnplPhPie011y be beau i MRhkthe NCDOT sight-Ofwy.T n.partmen' ofTniseponanoa wJl nth allow walking aab between the pavane[edge and the ditch (within be shoWder seta) Of roods whch it maintains. AOd, given the repogrophy of the pmNny, there iN ma wilhin One nghlaf-wny beyond We mud ditches to loraa wa 8units. Becatee of dre rolling toWbTaplly and oNer aswml femmes of the Asbwuk Subdivision pre tt becens orNCDOT ditch slope rcyuvavluls fur lM public macs In dos NWdayioq'aral bebaose of thenexi 0 bnn8 the road wnsuuction back w me Kobel gale of the Pmpeny while ensuring proper drainage and no erosion,it was neecsory m clew,an 80 feer wide anridor mr the MO, That means tbal the fiOnl f0een famf ofenen lot in Ne snhllvisinn be Deco ckmd(80 fat wide cnllidor mines 50f road right-Of--way divided by2equals 15 fees).Nor only is thor noylocein the NCfmTnghr- of"weym locme awyl)ungcil,there is no Place in the charal outride of the road nghslof-, n(ANfyaS PLANNERS SnuvnyORS 40,emrikna RW RO.W,3114 Clupel Hill.Nn 3151931N (9191 W9 1193 (O l<p3,sW fi where the tail can be Ions ed,srabiliced and not he subject br serious erosion problems because of the slopes crusting on the property, (Tat nquented solution is to lomte and construct the stalking trails within she olm space. The hail system we propose will access,via the open Since, all(If she lo�v in the subdivision end.snetegicutly mreet to the public roads in the subdivision. fncauns she bail syuran within the rice, space win ac ke the open space attractively acuesaible m the hum noon in the subdivision and provide suf pcde;via, travel area, thro ghom dre subdivision, The clearing for this plan will involve ody, a mwmal nurdar of venal (1-2 inch dimneter) bees and wgl mate a smmudairIg aestnmrady Pleasing, walking trail. Fadh rumor; even dio nith NCDOT will net pecan the ccn=' CGon of a walking trail next To de hovel portion of the roads, the six f wide grassed shoulder width is aro I m Permit suk pdadiav rod"'akr g tla mods of the subdivision for these uisldng m walk along the roa3 Thos ow DropuW provides,in elPxh tn'e pedestrian emlkway opdone. We appreciate your consideration and the consideration of the orange Cowy,board of Commissions of this requested amendment to the resolution Ofappraval fm this subdivision brought about by NCDOT design colas making a condition of do:previous approval impossible to dn.We think that the ithemate Trail sy ten being proposed hem will accomplish the intent of the beard Of County Cummissienm and in a very useful and ucarb rically piercing w,by.