HomeMy WebLinkAboutAgenda - 11-06-2002 - 8e 1
ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 6, 2002
Action Agenda
Item No. °e.
SUBJECT: Ashwick Subdivision —Amendment to Resolution
DEPARTMENT: Planning & Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
1) May 15, 2001 Preliminary Plan (Under INFORMATION CONTACT:
Separate Cover) Craig Benedict, Planning Director, ext. 2592
2) Resolution for Approval of Amendment Tina Moon, Planner 11, ext. 2583
to May 15, 2001 Resolution of Approval TELEPHONE NUMBERS:
3) Request for Amendment from Applicant Hillsborough 732-8181
4) Preliminary Plan with Pedestrian Path Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
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 provided for the creation of fifty-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 space
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 first phase have immediate [pedestrian] access to the open
space. Commissioner Jacobs further requested that the developer provide pedestrian ways
along the roads within the North Carolina Department of Transportation (NCDOT) right-of-
way.
Per this discussion, the Resolution of Approval was revised to include a new Item 9, under
Section B. Roads and Access, outlining provisions for the developer to construct an internal
walkway system within the NCDOT right-of-way for all interior roads, graded for an even
surface, and covered in a natural surface such as woodchips.
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The developer advanced the phasing plan, dedicating all of the open space, public and
private, as part 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 right-of-way.
• The grading of the project made locating pedestrian ways in the right-of-way physically
impossible.
• Irregardless of cost, wood chip or similar pedestrian ways could not be reasonably
maintained if located on the steep slopes. Rains would erode the material, which would
run into the naturally graded drainage swales and culverts, part of the NCDOT right-of-
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 trail
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 trail 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 roads, and add the requirement for installing and construction of an
internal walkway system within the subdivision open space according to the updated sheet of
the Preliminary Plan, titled Recreation Area, Open Space, Landscaping & Buffer 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 Condition #9 and enhances the usability of the open
space.
FINANCIAL IMPACT: There is no financial impact associated with this decision.
RECOMMENDATION(S): Administration Recommendation
The Administration recommends that the Board amend the May
15, 2001 Resolution for Approval for Ashwick Subdivision in
accordance with the attached resolution.
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RESOLUTION
OF
THE ORANGE COUNTY BOARD OF COMMISSIONERS
TO APPROVE
ASHWICK SUBDIVISION PRELIMINARY PLAN
Date November 6, 2002
Name of Subdivision Ashwick
Owner/Applicant Ashwick Associates, LLC
(formerly Perry's Construction Corporation)
The Board of County Commissioners hereby approves this amendment to the May 15, 2001
Resolution for Approval for the Preliminary Plan for Ashwick subdivision as shown on the
updated sheet of the Preliminary Plan, titled Recreation Area, Open Space, Landscaping &
Buffer Plan (dated April 4, 2000 and last revised October 2, 2002) and subject to fulfillment of
amended requirements specified herein.
Before the Final Plat of Ashwick Subdivision can be recorded:
B. Roads and Access
9. The deyelepeF shall install and eeAStFUet an inteffial walkway system within the
G t FaFRG Wiek °-Plot r'�-vi'adwie LaRe, Benwiehr I=ane, and StFa wie
The developer shall
install and construct an internal walkway system within the subdivision
open space according to the Recreation Area, Open Space, Landscaping &
Buffer Plan, showing the pedestrian path in green (dated April 4, 2000 and
last revised October 2, 2002). Such walkways shall be graded for an even
surface, and covered in a natural material such as woodchips; they shall not be
paved.
The internal walkway system shall be installed as indicated on the Final Plat and
inspected by Planning Department staff prior to Final Plat approval and again
prior to the transfer of control of the Homeowners Association from the developer
to the home owners as provided by the recorded Declaration of Covenants,
Conditions and Restrictions for Ashwick Subdivision. The Declaration of
Development Restrictions and Requirements prepared by Planning Department
Staff shall include a maintenance agreement for the Homeowners Association to
permanently maintain the internal walkway system.
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NOW, THEREFORE BE IT RESOLVED, by the Board of Orange County Commissioners, that
this amendment to the Resolution for Approval for the Preliminary Plan for Ashwick subdivision
is approved in accordance with the above mentioned conditions and attached preliminary plan
with the Pedestrian Path System shown in green (dated April 4, 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 that the foregoing is a true copy 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 recorded in Minute Book No.
of the minutes of said Board.
WITNESS my hand and the seal of said County, this day of , 2002.
Clerk to the Board of Commissioners
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PHILIP
POST
E
ASSOCIATES
Memorandum
Date: 9/9/2002
To: Craig Benedict,Orange County Planning Ucpt.
From: Philip Post and Associates,Inc.
RE: Ashwick Subdivision Walking Trails
We hereby request that the Orange County Board of Commissioners amend the resolution approving
the preliminary plan of the Ashwick Subdivision. We Tes'pectfully request this action be a part of the
October 15,2002 Board of County Commissioners meeting agenda.
'lhe reason for the request is that the walking trail, required to be constructed within the NCDOT
right-of-way, by the resolution of approval of the preliminary plan approved by the Board of
Commissioners on May 15,2001, cannot physically be located within the NCDOT right-of-way.The
Department of Transportation will not allow walking trails between the pavement edge and the ditch
(within the shoulder area) of roads which it maintains. And, given the topography of the property,
them is no area within the right-of-way beyond the mad ditches to locate walking trails.
Because of the rolling topography and other natural features of the Ashwick Subdivision property;
because of NCDOT ditch slope requirements for the public ro ads in this subdivision; and because of
the need to bring the road construction back to the natural grade of the property while ensuring proper
drainage and no erosion, it was necessary to clear an 80 feet wide corridor for the roads. That means
that the front fifteen feet of each lot in the subdivision has been cleared (80 feet wide corridor minus
50 feet road right-of-way divided by 2 equals 15 feet). Not only is there no place in the NCDOT right-
of-way to locate a walking trail,there is no place in the cleared area outside of the road right-of-way
ENGINEERS
PLANNERS
SURVEYORS
401 Provklencc Roma
P.O.Box 2134
Chapel Hill.NC 27514-2134
(919)929-1173
(919)493-26()(1
6
where the trail can be located,stabilized and not be subject to serious erosion problems because of the
Slopes existing on the property.
Our requested solution is to locate and construct the walking trails within the open space. The trail
system we propose will access,via the open space, all of the lots in the subdivision and strategically
connect to the public roads in the subdivision. Locating the trail system within the open space will
make the open space attractively accessible to the homeowner in the subdivision and provide safe
pedestrian travel areas throughout the subdivision. The clearing for this plan will involve only a
minimal number of small (1-2 inch diameter) trees and will create a meandering, aesthetically
pleasing, walking trail. Furthermore, even though NCDOT will not permit the construction of a
walking trail next to the travel portion of the roads, the six feet wide ample
grassed shoulder width is
to permit safe pedestrian traffic along the roads of the subdivision for those wishing to walk along the
roads.Thus our proposal provides,in effect,two pedestrian walkway options.
We appreciate your consideration and the consideration of the Orange County Board of
Commissioners of this requested amendment to the resolution of approval for this subdivision
brought about by NCDOT desigm rules making a condition of the previous approval impossible
to do.'We think that the alternate trail system being proposed here will accomplish the intent of
the Board of County Commissioners and in a very useful and aesthetically pleasing way.
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