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HomeMy WebLinkAboutAgenda - 09-05-2000-9bORANGE COUNTY. BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 5, 2000 SUBJECT: The Woodlands (Formerly Nine Gates) -Preliminary Plan Action A e da Item #„~~ DEPARTMENT: Planning 8~ Inspections PUBLIC HEARING: x No ATTACHMENT(S): INFORMATION CONTACT: 1) Additional Staff Findings Tina Moon Planner II ext. 25$3 (Per BOCC request June 6, 2000 meeting Robert P. Davis Planner III ext. 2580 included in abstract) Craig Benedict Planning Director ext. 2592 2) Supplemental Photos 3) Resolution of Approval 4) Application TELEPHONE NUMBERS: 5) Vicinity Map Hillsborough 6) Agency Comments Durham 7) Fiscal Impact Analysis Mebane 8) 5/4/00 Planning Board Minutes Chapel Hill 9) Comments from Neighbors 10) Memo to Planning Board Requesting Clarification 11) 6/21 /00 Planning Board Minutes Reflecting Clarification 12) Memos from Erosion Control Officer 13) Information Package from Applicant (Under Separate Cover) 14) Preliminary Plan (Previously Provided) NOTE: Please bring previously provided Preliminary Plan to the Meeting. PURPOSE: To consider an application for Preliminary Plan approval of The Woodlands 732-8181 688-7331 227-2031 967-9251 BACKGROUND: Request Preliminary Plat approval for a conventional major subdivision Applicant: Kim Henry, agent for Builders' Marketing Group, Inc. • Forty-one (41)single-family residential lots proposed on a 108+ acre tract (TM 7.118..26) • 94.8 acres in Orange County; 13.2 acres in Chatham County • Average Lot Size = 1.673 acres (Gross Average Lot Size) = 2.634 acres Location • Southwest Chapel Hill Township • South side of Janes Feny Road approximately 900 feet east of Ferguson Road Existin Site Conditions Zoning (94.8-acre Orange County portion) • 28.85 acres (eastern third of tract) is in the Rural Buffer (RB) zoning district and the University Lake Protected Watershed • Maximum number of lots permitted by zoning in the RB portion =8 • 65.97 acres (western two-thirds of tract) is in the Agricultural Residential (AR) zoning district and the Haw River Protected Watershed • Maximum number of lots permitted by zoning in the AR portion =71 • 13.2 acres in Chatham County are in Haw River Protected Watershed • Maximum number of lots permitted by zoning on the entire 108-acre tract = 98 • Adjacent Land Uses--predominately vacant; one single-family residence by the northeastern corner of the site (Lynn Irvin Cox), and one single-family residence at the northeastern corner of Nine Gates and Jones Ferry Road (J. Delos O'Daniel) Physical Description • Rolling land with two large rock outcrops on the high points of the site • Timbered in Fast few years but still signiflcant hardwoods and some evergreens • A pond fed stream flows under proposed Nine Gates main road entrance and drains to Meadow Branch • Pritchards Mill Creek stops just short of the north eastern site boundary line • The beginning of intermittent stream that drains into Wilkinson Creek is located at southern portion of the tract Pro osed Site Conditio s Roads: • Access to subdivision from Jones Feny Road (SR 1942) • Four public roads to be constructed to NCDOT standards • Nine Gates Road meets NCDOT collector road standards--as requested by staff • The proposed 50-foot right-of--way shown an Sheet 2 between lots 32 and 33 and noted as "reservec for possible future dedication" must be formally dedicated to the Homeowners Association as a private access easement (or right-of--way) as park of the Final Plat approval process • If the large tract of property cun'ently owned by Elinor Irvin (TM 7.118..25), and located east of The Woodlands subdivision is conveyed to a land conservancy organization, the County will not require the area in the reserved 50-foot right-of--way to be used for future connectivity. Residential Lots: • 7 lots are proposed in the RBLUaversity PW-28.85 acres ± • Average Lot Size = 2.135 acres (Gross Average Lot Size = 4.12 acres) • Impervious su .dace limit 6 • Maximum number of lots permitted by zoning = 8.77 (Gross Average Lot Size = 3.29 acres) (2-acre minimum fot size for first 5 lots; 5 acre minimum lot size for any additional lots) • Minimum to Actual Lot Size Ratio (MTAR) = 1.25 (Based on Gross Average Lot Size) • 30 Tots are proposed in the AR/Haw PW--79.15 acres + • Average Lot Size - 1.395 acres Impervious surface limit 24 • Maximum number of lots permitted by zoning =71 (Gross Average Lot Size = 1.12 acres) (0.92 acre or 40,000 square feet minimum lot size) • Minimum to Actual Lot Size Ratio (MTAR) = 1.25 (Based on Gross Average Lot Size) • 4 lots are proposed in both the AR/H_ aw_PW & RB/lniversity PW • Average Lot Size = 2.29 acres • Impervious surface limits listed per watershed for each portion of lot • Total number of proposed lots for entire 108-acre tract = 41 • Total number of lots permitted by zoning = 98 • Majority of lots 11 and 12, and portions of lots 13, 21, 22, and 23 in northern Chatham County Open Space: • 15.20 Acres; 16% of 94.8-acre portion of the tract in Orange County • 4.4 Acres in Rural Buffer Zoning District • 11.9 Acres in Agricultural Residential Zoning District • 16.199 Acres; 15% of entire 108-acre tract • 3.$ Acres in Conservation Easements (Privacy Buffer) ~ Access Easements • 20 Acres Preserved; 18.5% of entire 108-acre tract Water-Sewer: • All 41 lots will have individual wells and septic systems • Orange County Environmental Health Department has located suitable septic sites for all lots Recreation 8 Parks: • Bingham Township District Park (per the Recreation Service Area Boundaries Map) • Dedication of land would be = 0.72 acres (31,363 square feet) • Payment in-lieu of parkland dedication = $18,200 ($455/lot) • No dedication is wan-anted because neither county recreation sites nor conservation sites have been identified for this area, as part of the current Comprehensive Plan. Aaency Comments Requests for agency review were sent to: Chatham County Planning Director, NCDOT, Erosion Control, County Engineer, Recreation and Parks, Orange County Schools, Soil and Water Conservation, County Attorney, and the Fire Marshall. • Chatham County Planning Director comments: Orange County approval sufficient for entire tract including Chatham County portions. A mylar copy of the approved plat must be filed with the Chatham County Register of Deeds and a paper copy submitted to Planning Department for their records. • NCDOT comments (attached) • Emergency Management comments from concept plan resubmitted for preliminary plat (attached) • Environmental Health Department Site Analysis Develo ent Process Schedule and Action: • First Action: The Planning Board approved the conventional concept plan for Nine Gates (now The Woodlands) on January 5, 2000 with the following conditions: 1. All roads shall be public and proposed to be built to NCDOT standards with additional five (5) foot utility easements on each side. Sight distance triangles (10' x 70') to be shown for each street. The right-of- way at intersections shall be improved to NCDOT standards. 2. The right-of--way of Nine Gates Road shall extend to the eastem, external property line of the subdivision in the proximity of lots 37 and 38. A conveyance of a 50-foot right of way, with 20' construction easements on each side, from the proposed location of Nine Gates Road to the eastern properly line is acceptable in-lieu-of construction. A 30' Type A buffer shall extend along all portions of Nine Gates Road and-along the street extended to the eastem property line. 3. If a sign is anticipated, reserve a sign easement an lot number 1 at entrance to subdivision. 4. Each lot shall contain an adequate area for septic disposal and a repair area as approved by the Orange County Division of Environmental Health. 5. Indicate on preliminary plat areas for on-site infiltration of storm water that demonstrates compliance with Article 6.23.3a of the Orange County Zoning Ordinance. 6. Driveway access points to be a minimum of 75 feet from the intersection of street right-of--ways. 7. The Camman Area tract to be held in homeowner's association in perpetuity and cannot be subdivided or recombined with adjacent lots. 8. Either dedicate all of the land adjacent to Nine Gates Road to the NCDOT or place the land in the Homeowner's Association as open space. 4 9. Submit verification that the requirements of NCGS Chapter 70 Article 3 Unmarked Human Burial and Human Skeletal Remains Protection Act have been met or will be met. Second Action: • Planning Board consideration of the' Preliminary Plat, on May 4, 2000, resulted in a tie vote (4-4). • Planning Board discussion focused on the requirements for, and impact of, a Jones Ferry Road turning lane, which resulted in a tie vote. Planning Staff has recommended the need for a left turn lane. • The Application is forwarded to the Board of County Commissioners with the Planning Board minutes, and the Planning Staff recommendations and resolution for approval. Third Action: Board of County Commissioners considered the Preliminary Plat, on June 6, 2000, and deferred their vote for additional analysis on four issues. (a) Potential Impact to adjacent property owners 1.) Verification of existing drainage ditch 2.) Potential for increased stormwater runoff 3.) Impact of turn lane 4.) Potential for significant tree loss and negative impact on existing wildlife populations (b) Traffic Impact of Subdivision - (c) Clarification of Planning Board discussion and intent of tie vote (d) Explanation of lot sire Staff Findings: (a) Planning 8~ Erosion Control Staff visited the Cox property on Tuesday, June 14, 2000 1.) A manmade ditch extends northwest along low section of property near bam (See photo 1) 2.) The northern third of proposed lots will drain north toward Cox property per construction drawings • Physical topography is more complex than contour lines an construction drawings document • Potential impact to Cox property is difficult to determine with accuracy, project engineer may have tc adjust plans as work progresses and drainage patterns become more evident (See memos from Warren Faircloth, Erosion Control Supervisor) 3.) Driveway for O'Daniel property is located slightly southwest of high point in Jones Feny Road • Nine Gates Road is situated just beyond (further west) of O'Daniel property (See photo 2) • If designed and constructed properly, left tum lane will likely drain southwest along Jones Feny Road 4.) Existing tree line extends beyond 60-foot Nine Gates right-of--way on either side (See photo 3) • Extent of tree line varies along length of road • There appears to be no less than 3 feet of wooded area between edge of right-of--way and O'Daniel property in any one area (See photo 4) (b) Anticipating nine trips per day, per lot, the 41-lot subdivision could generate approximately 364 additional car-trips along Jones Ferry Road (See photos 5, 6--Jones Feny Raad at the entrance to NinE Gates Road) (c) The Planning Board, at a special mid-month meeting on June 21, 2000, clarified the intent of their tiE vote on The Woodlands Preliminary Plat proposal (May 4, 2000 meeting). • The Planning Board Ghair stated that the left turn lane was the source of disagreement. • The applicant has since agreed to install the turn lane and has addressed neighbo opposition to the turn lane. • The Board's voted unanimously on June 21, 2000 to recommend the project for approval. • (See enclosed June 21 minutes, attachment 12 ~ 13. (d) Lot size and number determined at the concept plan approval stage (Refer to previous sections of star report) 5 Fourth Action: Board of County Commissioners consideration of Preliminary Plat 1. The Board shall consider the application within a reasonable amount of time. 2. During deliberations and consideration of the application the Board may defer consideration at any point to pursue additional analysis and review. 3. If the Preliminary Plat is approved by the County Commissioners the applicant shall have one (1) year to prepare and file of=final Plat or to request aone-year extension from the Planning Director. FINANCIAL IMPACT: Fiscal Impact Analysis (attached) RECOMMENDATION (S): Plannin Staff Approval in accordance with the attached resolution. Planning Board May 4, 2000 Tie vote: application forwarded to County Commissioners with Planning Board minutes, only. Planning Board June 21, 2000 Unanimous Vote: recommendation for approval Administration Approval in accordance with the attached resolution. (includes Resolution B. 6. Requirement for a left tum lane on Jones Ferry Road.) SUPPLEMENTAL PHOTOS Photo 6 Jones Ferry Road (looking southwest) White truck parked at Nine Gates Road Photo 1 Cox Barn with drainage ditch in foreground (note board bridge over ditch) Photo 2 Jones Feny Road looking northeast O'Daniel driveway at horizon line Photo 3 Existing Nine Gates Road (looking North) Photo 4 Nine Gates east right-of--way boundary Property lines shown with pink flags Photo 5 Jones Ferry Road (looking northeast) White truck parked at Nine Gates Road 7 RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONNERS TO APPROVE THE WOODLANDS SUBDIVISION PRELIMINARY PLAN pate September 5, 2000 Name of Subdivision The Woodlands OwnerlApplicant Builders' Marketing Group, Inc. Kim Henry The Board of County Commissioners hereby approves the Preliminary Plan for The Woodlands Subdivision as shown on the preliminary plat dated March 1, 2000 and subject to fulfillment of requirements specified herein. All roads shall be irrevocably dedicated to the general public and be constructed to standards of the North Carolina Department of Transportation (NCDOT). The approval of this resolution authorizes and directs the Orange County Manager to accept for the County, and on behalf of the public generally, the offer of dedication of Nine Gates Road, Woodgate Drive, Stonegate Drive, and Summergate Circle. This acceptance of dedication to the general public shall be without maintenance responsibility. These roads shall be maintained by the owner/applicant (Builders' Marketing Group, Inc.) until such time as they are accepted for maintenance by NCDOT or some other governmental body. Before the Final Plat of The Woodlands Subdivision can be recorded: A. Sewage Disposal 1. All lots shall contain adequate septic disposal and repair areas, approved by the Orange County Division of Environmental Health. Septic areas shall not extend into n~uired landscape buffers. 2. Disclosure that the septic system location may restrict the size and location of improvements shall be included in a document describing development restrictions to be recorded concurrently with the Final Plat. B. Roads and Access 1. Nine Gates Road shall be constructed to NCDOT Collector standards with a 60- foot right-of--way. Woodgate Drive, Stonegate Drive, and Summergate Circle shall be constructed to NCDOT standards with a 50-foot right-of-way and 5-foot utility easements on each side. Construction shall be inspected and approved by NCDOT. 8 OR A letter of credit ar escrow agreement or other security shall be submitted to secure construction of Nine Gates Road, Woodgate Drive, Stanegate Drive, Summergate Circle, and a left turn lane on Janes Ferry Road, to NCDOT standards. An estimate of the construction cost must be prepared by a certified/licensed engineer or grading contractor and submitted to the Orange County Planning Department. The financial guarantee must reflect 110 percent of that estimate and be issued by an accredited financial institution licensed to do business in North Carolina. The document describing development restrictions to be recorded with the Final Plat shall state that .the financial guarantee will not be released until the road construction has been inspected and approved by NCDOT. 2. An erosion control plan for construction of Nine Gates Road, Woodgate Drive, Stonegate Drive, and Summergate Circle shall be submitted by the applicant to the Orange County Erosion Control Division for review and approval. 3. Prior to any construction or any alteration of any existing access within the right- of-way Jones Feny Road, the developer/owner shall secure a driveway permit from the NCDOT District Office. A copy of the NCDOT-approved permit and letter to the Planning Department shall be submitted at the same time as the request for Planning Department signatures on the Final Plat. Sight distance triangles shall be shown at all intersections within the subdivision, or included within the right-af--way of the proposed street. 4. Access to all lots shall be from internal subdivision roads, Woodgate Drive, Stonegate Drive, and Summergate Circle, exclusively. Driveway cuts must be a minimum of 50 feet from street intersections. 5. An approved street name sign shall be erected at the intersections of: Janes Ferry Road (SR 1942) and Nine Gates Road, Woodgate Drive and Nine Gates Raad, Stonegate Drive and Woodgate Drive (in two locations), and Summergate Circle and Woodgate Drive, as required in Section IV-B-3-c-12 St eet Name S_S_ _ians of the Orange County Subdivision Regulations. The applicant shall submit either evidence that the sign is in place or a receipt for purchase of the sign prior to Planning Department signatures on the Final Plat. 6. The applicant shall construct a left turn lane on Janes Feny Road (SR 1942) to NCDOT standards prior to recordation of Final Plat. This may be accomplished by enlarging the travel way an equal amount on either side of the existing pavement for the distance necessary for the turn lane. 7. The proposed 50-foot right-of--way between lots 32 and 33 and noted as "reserved for possible .future dedication" shall be formally dedicated to the Homeowners Association as a condition of Final Plat approval for the construction of a future road: The proposal shall include 10-foot construction easements on each side of the dedicated right-of-way. If the large tract of property currently awned by Elinor Irvin (TM 7.118..25), and located east of The Woodlands subdivision, is conveyed (donated or sold) to the Triangle Land Conservancy or a similar land conservancy organization the 9 County shall not require the area in the reserved 50-foot right-of-way to be used for future connectivity if the conservancy so notes in writing to the County that access at that point is not necessary. The Homeowners Association may use the area in the dedicated right-of-way as a pedestrian or vehicle access easement, or it may split the area in the easement and convey it in an equal portions to lots 32 and 33. C. Land Use Buffers and Landscaping 1. Landscaping shall be installed or preserved as indicated on an approved landscape plan and must be inspected and approved by the Planning Department 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 The Woodlands Subdivision. Landscaping shall include a 30-foot buffer along all internal, major local roads such as Woadgate Drive. OR A letter of credit or escrow agreement or other security shall be submitted to secure the required landscape installation and preservation. An estimate of the cost for required preservation, new plantings, and their installation must be provided. The financial guarantee shall reflect 110 percent of the estimate and must be issued by an accredited financial institution licensed to do business in North Carolina 2. Provisions for protection of existing trees as shown on the approved landscape plan, including existing trees within the tree conservation buffer areas, shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. The developer or his contractor shall clearly demarcate those trees intended to be saved, with brightly colored tree protection fencing or flagging to match the approved landscape plan. Tree protection measures must be installed and in place, and approved in the field by Orange County Planning and Inspection staff prior, to any the commencement of any grading. The developer or his contractor must repair or replace any trees or portions of trees, designated as °to be saved," that are damaged during the construction and installation of roads and related infrastructure. D. Drainage 1. Impervious surface data for all lots, pursuant to Article 6.23 Extra ReQUirements for Watershed Protection Overla Districts of the Orange County Zoning Ordinance, shall be included in the development restrictions and requirements document to be prepared by Planning Staff and recorded concurrently with the Final Plat. The impervious surface limitations for each lot shall indicate whether the impervious surface includes or excludes one-half (1/2) of the roadway width in the calculations. 2. Drainage easements shall be located as required following review and approval of the Erosion Control Plan. 1 l) 3. Drainage culverts shall be sized and located as required by NCDOT and the Orange County Erosion Control Officer. 4. The development shall meet the requirements for stormwater management per Section IV-B-2-c of the Orange County Subdivision Regulations. Adjacent properties shall be protected from inundation by surface water. The erosion control plan for this project includes a temporary sediment structure located at a point where The Woodlands Development runoff enters the Cox property, Consideration has been given and will be given to locating a permanent stormwater detention basin at this location. The need fora permanent stormwater detention basin cannot now be reasonably determined. That determination will be made by the Orange County Erasion Control Director, within one year following NCDOT final approval of the construction of the public roads in The Woodlands, by evaluating the stormwater quantity and other pertinent stormwater, characteristics during storm events that occur within one year following NCDOT final road approval. The temporary sediment structure can be, at the option of the developer, either (1) designed and built in a way that it will serve as a temporary sediment basin during construction and then converted to a permanent stormwater detention basin or (2) designed and built as a temporary sediment basin during construction and then redesigned and rebuilt as a permanent stormwater detention basin. If the developer chooses the option of redesigning and rebuilding the basin, a letter of credit or escrow agreement shall be submitted to secure redesign and reconstruction of the sediment basin. The method and timing of providing this security shall be the same as is set aut in Section B.1 of this Resolution which section describes securing road construction. The Homeowners Association documents shall provide for the perpetual maintenance of the permanent stormwater detention basin if the Orange County Erosion Control Director determines that there is the need for one. E. Parkland 1. The proposed forty-one-lot subdivision is located within the Bingham Township District Park. As per the decision of the Department of Recreation and Parks, cash in the amount of $18,2n0 ($455/lot) shall be paid to Orange County as payment in-lieu of parkland dedication. F. Miscellaneo4s 1. The Final Plat shall contain a title block and vicinity map in accordance with Section V-D-2 Title Block and V-D-3 Vicini Ma of the Orange County Subdivision Regulations. 2. Minimum building setbacks, easements, public (along Nine Gates Road) and private open space areas (including pedestrian corridors and tree conservation easements) shall be stated on the plat and in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 3. Drainage easements shall be provided as required by section D. item 2. outlined above. 11 4. The Homeowners Association Documents shall reference NC General Statutes Chapter 70 Article 3 regarding the protection of unmarked graves in cemeteries. The Homeowners Documents shall also outline provisions for access to the cemetery and minimum upkeep (i.e. mowing the lawn) within the designated area of the cemetery. Archaeological services may be needed to formally delineate the cemetery boundaries. . 5. If any condition of this Resolution shall be held invalid or void, then this Resolution shall be void in its entirety and of no effect. G. Certifications 1. A Certificate of Survey and Accuracy signed by a registered Land Surveyor shall be notarized on the face of the Final Plat. 2. A Certificate of Declaration and Maintenance in the form provided in Section V-D- 6-b of the Orange County Subdivision Regulations signed by the landowners and developer shall be on the face of the plat and included in a document describing development restrictions to be recorded concurrently with the Final Plat. 3. The North Carolina Department of Transportation shall certify that all roads have been constructed to State standards or that wnstruction plans have been approved. 4. A Certificate of Approval signed by the Orange County Planning and Inspections Department. Kim Henry Builders' Marketing Group, Inc. Beverly A. Blythe Clerk to the Board of County Commissioners I, Kim Henry, for and on behalf of Builders' Marketing Group, Inc., accept the above listed conditions of subdivision approval and acknowledge that each must be met prior to recordation of the Final Plat. Kim Henry Date 12 This page left intentionally blank 1~ APPLIC, ION FOR PRELIMINARY PLAN { PROVAL MAJOR SUBDIVISION 4/98 ORANGE COUNTY DATE 1 ~ PLEASE TYPE OR PRINT (INK ONLY) ^~ SUBDIVISION NAME: LOCATION: O WNER/DEVELOPER: ADDRESS: TELEPHONE NO.: ?S~+r ~,~ ~i3~~~o-z AGENT/CONTACT: ~ TELEPHONE NO.: A. SIJ1~lIvIARY INFORMATION: Orange County Tax Map ~_ Block 1t g Lot(s) ~W Township honing District(s): Total Number of Acres: Total Number of Lots: ~~ Average of Size: ~~ Minimum Lot Size: Number/Type of Structures: (existing) (proposed) Lineaz Feet in Streets: ~ Acres in Open Space: Water Supply: Public (specify) Community Individual Wastewater Disposal: Public (specify) _. _ Community Individual School District• ire District: General Land Uses in a: Critical Areas; stream/ ageways flood prone areas ' watershed (specify) historic sites other (explain) Is the property to be subdivided currently under "farm use value taxation"? Yes No ~~. If "yes," please contact the Orange County Tax Office. Subdivision of the property may require payment of deferred taxes under "farm use value taxation:' I3. All plan must be submitted on sheet no smaller than one inch equals two-hundred feet (1"=200') and no larger than one inch equals twenty feet (1"=20') and must contain the following information: `x subdivision name ~C ;: ";`~~" name 8c address of owner(s) _„L ~~`~ ~~ name 8c address of subdivider (if other than owner) ~ .:~. name of surveyor, engineer, landscape architect or architect, address, ~~,>. registration # & seal i l (t t e) Preluninary Plan ~~ :. ~ , scale, north arrow . .F4~ ..,,L ~~'~'>.`:: ~ date of l pan preparation and.revisions ;z~~:.~ ~ ..k}..`:>.:; township, tax map-block-lot references ~'''~" Parent Parcel Identification # .>:rv::. ~ ~•.,~ deed book and page # of property to be subdivided .,,L, ~ boundary described with bearings and distances .~ M' rota! acreage of the tract and acreage of lots, including and excluding azea within rights-of-way ~ ~~,„>~ ~.. oning of tract and adjacent properties r,L ~'?~<>:::.{` building setback lines by notation or typical lot layout location and width of existing and proposed easements (drainage, utilities, roads, etc.) ~~{ existin , m osed and ad ommo ti hts- g A P j•. g of-way. including dimensions and street names and State Road numbers. Lineaz feet of road centerlines and approximate acreage of new street rights-of--way N ~~'~'"~~ > ~ ~=~ existin and ro osed utilities g P P ,including type, s1Zes, hydrants, valves, manholes / ~"''` `:~~ existing and proposed curbs gutters and , culverts, including sizes and grades b•~, '~'v~'r"'{" :,.:.5 location and w• Y , , tdth ofalle s sidewalks bike lanes, transit systems, and bus stops ~':;x'~'M'~':~; typical street cross-sections and intersection details including design and ~', proposed lot lines with dimensions ,G `;~ lot & block numbers t~ ~'~~: ""~" phasing line(s) :->: ~>?:;; topography at ten (10) foot intervals ~ ~~ ~ ... ... water bodies, streams, floodways and floodplains '~'~n stream buffers ,~ ~'~,_~ location and size of parcels dedicated for public use, recreational use or reserved in ,,~ ~~,,~~''~~ ~' common, with purpose noted impervious surface data (if located in water supply watershed) ~ `~ vicinity map showing general location of subdivision with streets and roads identified by State Road number and name ~~>r...>~~~~>.' '"~°'k ~~`~ I andscaping and buffer requirements ~ ~>'~1 »:~::~::~~ townshi , co orate and extraterritorial P tp planning jurisdiction lines which cross the property C. OTHER SUBMITTAL REQUREMENTS 1. Twenty-five (2S) copies of the Preliminary Plat. :';,, horizontal alignment, centerline radius, and general curve data on all proposed streets ~' permanent features such as buildings, ~n< cemeteries, historic landmarks adjoining lot layout names of adjoining property owners. If subdivided, subdivision plat name, plat book & page number, and perimeter lot numbers. ~g ~~ location and size of lots of restricted development potential and notation on plat regarding same / `~~~ ~~`~'~~` stormwater detention and/or retention f;::::;~;<: sites and undisturbed areas for infiltration purposes (if located in water supply . watershed) },~} ,~>w identified natural areas and wildlife corridors 2. One full size copy of an Orange County Tax map (with tax parcels involved clearly marked). , 3. Where municipal or OWASA sewer is not available, a copy of the Preliminary Plat indicating Health Department approvaUdenial far each lot shown thereon. 4. Where a private road is proposed, a written statement by the applicant or his/her authorized representative which sets forth the jusitification for a private road (see Section TV-B-3-d-1 of the Orange County Subdivision Regulations), S. Auxiliary documents, in draft form, prepazed in accordance with Section VI of this Ordinance which assure completion and/or maintenance of improvements required by this Ordinance. Such documents may include, but not be limited to, a private road maintenance agreement and articles of incorporation and restrictive covenants pertaining to a homeowners association. These documents may be required as necessary as evidence that the ordinance requirements are being met. 6. Fee - $470 plus SS.00 per lot (one fee for Preliminary and Final Plat). y7G '~"ZGS ~~~ 7. If the subdivision contains 10 lots or more, the following information shall be submitted with the application: a. Number of years to 6uildout. b. Number of houses to be built during each year until buildout. c. Average price of houses including lots for each year to buildout. I, the applicant, hereby certify that the foregoing application is complete and accurate. ~~ ~ ~ APPLICANT'S S GNATURE ~ ~7 I ~,~n DA~7 FEES: Amount ~~, '7 C °~ .~-. ' ' wOWNE'R' SI NATURE -~ Date Paid "7 ~ Receipt # March 8, 2000 Craig Benedict, Director ~~range County Department of Planning 306 F Revere Road Hillsborough, NC 27278 Re: The Woodlands (formerly Nine Gates) Preliminary Application Parcel No. 7.118.26 Dear Mr. Benedict, Accompanying this letter is my package submittal for Preliminary Approval under the Conventional Subdivision Concept Plan approved by the Planning Board. The package consists of the following: C. Obles Desc~ n, • tp iQri 1 Signed Application & required fee 27 Preliminary Plats 1 Tax map copy 5 Construction Sets + 1 Drainage & Erosion Control Calculations ~ Covenants & Restrictions draft My intent in developing this subdivision is to create a neighborhood ofnon-traditional homes in the Frank Lloyd Wright "Prairie" style of architecture. This is a style that will be in harmony with the natural setting of The Woodlands. Tim Henry Builders will be building the homes on a custom basis with the realistic expectation of completing no more than ten homes per 12 month period. This would encompass a total build-out time for the 41 lots to be completed early in the year 2005. I would project the average price of homes in the first year of construction to be in the $400,000 range, and increasing for the ren-ain;,,g years of build-out at Chapel Hill's normal rate of appreciation. All of the Conditions of Approval, granted by the Planning Boazd have been met with the following explanation of conditions #9 - Meet requirements of NCGS Chap. 70 Unmarked Human Burial...Act, and condition # 10 -Necessity of turn lanes on Jones Ferry Road. Regarding #9, after having the boundary line flagged through the cemetery area, it is clear that the location of the site barely crosses my property line; the bulk of the area is on the Merritt property. Two "stones" or grave markers are directly on the boundary line and one is approximately 7 feet on my side of the property line. Nothing will be done in the construction of the subdivision to disturb any of the gravesites; I intend to construct a Iow stone wall that will delineate and protect the site that is on The Woodlands property. Regarding # 10, Scott Railway, the design engineer for the project, consulted with his firm's traffic engineer, and it was determined that there is 1,000 - 1,200 feet of left vision down Jones Ferry Builders' from the Nine Gates entry with a full 15 seconds of reaction time, way below DOT minimums and that the Nine Gate road location is, "the best driveway entrance that can be established within 2 miles". The two reviewed the plan with Mike Venable, acting NCDOT Division head, who expressed no interest in a left turn lane. In fact, trafBic in that area is so light, NCDOT hasn't even counted it lately. A sidenote - the landowner who voiced interest in a turn lane has a driveway entrance several hundred yards down the hill and it is true that their southerly view is limited - I would suggest a turn lane be constructed at the entrance of Mel Oaks to remedy that problem. If you have questions about any aspect of the information submitted, please call. ~,. Very truly yours, Kim Henry, president Builders' Marketing Group, Inc. B u i l d e r .,~.K~.,~.. ,.,e.~ • M ~ Amy.+y ~y1W Kam! M~ • TA% rA1a~ IM/ uy 66K ~~ 4Dr ]r • !M lu~l~ ngyF~p • /LAT ~ ~1VO1p1q. ~'1~ . YRK MY~w O IOi! ~ l lar ~ ~ A.~ . ~ Nw1 • M . AN.~y P.+I.itil . Thy YY • M {OIL • KL d'im sO •aees Ar~K{ 10~ v}{ ~ i.7i AG • M tPl! . Ml L~ ~R9 s • TONL iR, ?!JI 1Mm I~p AglCy • ~ ~ /rr 61M-~ M /rte • M - A~Llrr ~I~M R7 Auy WLOa' fMl~l~ ~ ul. S Mt ~t a7 9~PibL9 P~\ PIiM6 ~~ IC 9~r l~V ~W • SMY Rff11'~L~1 I/O IA~OCiA7i~ 11~ tlb MrTEM lY~~T CORY. 1IC 77W (TV pI•~~ GONVENTIGNAL PLAN =~ • ^ w w +~~» x.r r - aaa "~„ ,.~ ~~~ NINE ~sATES 5l1HDIYI510N awre cauNrr, Hex7u IQmley-Ham and Assacfates, Inc. `?7 ~ x ~~ ~ ~ ~ ~ ~ 'x~ ~~ U :~1j Uj - ~ °u O wA^~1 5v N +~` im O ~'~~ ~ ~ y//'~0~~ ~1111~1~~11~ 4y\`~ri G L+r ~~8~~ &g @d ~ Op,O ~o~,os` .a~~-~ ~6 &a '~ g2~ g~ e Y ~~ze ~a '~~! A d a ~oi~1 U ~ to 7 a a A O __... THE WOODLANDS _ ~~ LANDSCAPE & BUFFER PLAN ~' The Woodlands ~ 94.$16 acres including Nine Gates Road R.O.W. .~ Entire site consists of pines and mature hardwoods (Site was selectively timbered 20 years ago.) O 4 Kim Henry, developer ~, Builders' Marketing Group W ~(~(/ Y f~~y~y~APrimary Tree Protection Areas & 30' buffer 4 I,//// Secondary Tree Protection Areas ~ "Existing trees will be preserved to meet the landscape requirements W of Section IV-B-$-d-1 of the Orange County Subdivision Regulations." ~ - r _~ Entry feature -stone wall to be designed approximately 3' in height and 10" in length O r7 O n n - O x,30' Tree Buffer (existing trees) w O M \~~ O ~ O ~~ 0 a~ hd O ~ '~ = U o Typical lot example 44 ~~ O ~ ? a o ~Q ~ ~ SP A( e7 O 0 w 0 _ ~ o ~~ Gr °° 0 0 ~° N 0 0_ o N 0 0 0 7 O O u O ~ ' ~+ a - N O a N ~J N ~~~ ~.~_ O _~-1 ~~ 31~a3rrnns O •~.~. o ~ N o _ N -~• 1~`. ~~. /) O z~ 3z~ _ -, ~ 1 ~ ~~ 1 1790 15 l I 'u~i~ ~- eoae ~a..~r ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 ~,. V, l~ ~ _ k pn"•. "~ e REQUEST FOR AGENCY REVIEW; DATE: March 22, 2000 FROM: ORANGE COUNTY PLANNING DEPARTMENT TO: Mr. Mike Venable, NCDOT SUBJECT: Preliminary plat and construction plans review Project Name: The Woodlands (formerly Nine Gates) Applicant: Scott Radway of Kimley-Horn & Associates, agent for Builders' Marketing Group Type: Preliminary # Lots/Units Proposed: 41 Township: Chapel Hill Taa Map: 7 Block: 11B Lot: 26 1 ~ ~y ~' ' §, ,~. w~ 1~.~:.t a:.4J t~!Uil N. v. ~ . LF ~ `}'1 l11~}1'~rr~~~'T Di5TR1Ci 1-Gr~~1,`iAr~. Locatioq: The site is located along the southern most portion of Orange County in close proximity the boundary line between Chapel Hill and Bingham townships. Access will extend from Nina Gates Road, a 60-foot public right of way and branch off into two smaller public roads terminating with cul-de-sacs. All roads will be built to NCDOT standards. Project. Summary: This application is.scheduled for the May 4, 2000 Planning Board meeting. Planning Department Comments: This is a 40.34-acre tract. Lot size varies from one acre to 'ust under three-and-a-half acres. This ro'ect is not on the Coun sewers stem. The 1=nVirnnmant~l iTe~l+l. n,.__.~__~ i__ ___ . .. .. ~+oa. oa auc t~ X71 LV Develo ment Review Meetip at 10:00 AM in the Plannin and A ricultural Buildin Conference Room # 1 Please submit any comments to the Planning Department by: April 14, 2000 If you have any questions, please contact: Tina Moon at 245-2583 or Robert P. Davis at 245- 2580. To: File Finn: l~!ichael S. Va--able LL~e: 4/14/00 Sn71~ uri 1-h Tiro ~t,..,+ n~mr .vim ~ --- _ _ ~v,"..,-, , . - - - MEMORANDUM TO: The Woodlands File FROM: Tina Moon, Planner II DATE: April 12, 2000 SUBJECT: Preliminary Plat comments from NCDOT Staff received the following comments from Mike Venable of NCOOT regarding the submitted preliminary plat and construction drawings for The Woodlands (formerly Nine Gates). Mr. Venable said that he would send a signed copy of the approved plans to the Planning Department once the requested changes were addressed. He added that most of the changes involve vertical dimensions of the roadways and should not affect the layout of the project for planning purposes. PRELIMINARY PLAT 1. The developer must add the following note: "All lots in the subdivision must be built and occupied prior to NCDOTs acceptance of public roads." 2. The open space areas around the curves of Nine Gates Road and Waadgate Drive must be dedicated as public. 3. The proposed dedicated public rights-of--way must either be fifty (50) feet with 10-feet construction easements on both sides or sixty (60) feet. CQNSTRUCTION DRAWINGS 4. The plan and profile sections on sheet 3 of the construction drawings show the proposed road elevations at Station 0+00 to 1+00 at --5.0000%. This is too steep for the intersection with Jones Ferry Raad. The slope at this area should flatter and the percentage reduced to -2.0000. Generally, the maximum slope far roads of this type should be no greater than 6.0000, but in this case to balance the flattened intersection area, the slope between stations 1+00 and 2+00 can be increased as necessary to accommodate the -2.0000. 5. The existing 24inch RCP by Station 10+00, on sheet 3, must be removed. A single 54-inch RCP pipe will be required at the necessary diameter and length to handle the flaw. 6. The proposed-travel width of 18 feet shown on sheet 4 must be increased to 20 feet or the current design should be modified i.e. made shorter to accommodate the narrower dimension. 7. The K-value for this type of road must be at least 45. The vertical curve on sections of proposed roadways must be reconfigured on sheets 5,6,7, and 10. 8. The stub--the dedicated right-of--way between lots 32 and 33 must be include 10 feet of construction easements on either side or be increased to 60 feet. This item shown on sheet 5 is also relevant on the plat (see comment 3). 9. The proposed vertical slope between Station 14+00 and 15+00 must either be increased'to 1 % or the. side ditch must be adjusted to provide proper drainage. 10. No drainage easement is shown on lot 30 around the flared end section on sheet 7. 11. The proposed roadway slope between Stations 4+00 and 5+00 on sheet $, and between Stations 12+q0 and 13+p0 on sheet 9 must be increased to 1 %. Orange County Emergency Management P.O. Box 81$1 Hillsborough North Carolina 27278 9-1-1 Communications Emergency Medical Services 24 Hour Warning Point 919-732-8161 •933-2600 a'°°" o~ ~. Fire Marshal ~. ,.,,~ Disaster Response 24-Hour Fax Machine - Hazardous Materials 919-967-9026 .• 919-644-3030. 968-2050 Administrative Fax Machine 919-96$-4066 T0: ROBERT DAMS, PLANNER II FROM: MIKE TAPP, DEPUTY DIRECTOR/FIRE MARSHAL, DATE: DECEMBER 15, 1999 RE: NINE GATES SUBDIVISION We have reviewed the plan for Nine Gates Subdivision and offer the following comments: 1 • We see the need for a secondary means of ingress/egress into the subdivision. During times of emergencies and disasters, adequate means of ingress is vital for public safety response. A lazge fire at the entrance could result in a blockage of the road to the southern azeas of the subdivision, resulting in no means of access to other azeas of the subdivision. If some secondary means of access could be provided, response capabilities would be enhanced. Please contact us if you need additional information. Thank you for your time and consideration with this matter. z~ I u '" ~' sx ~~ e ~ .' ~ J !~<~~~ G Timothy 1. I~xs, Chair Rosemary L. Summers, MPH, DrPH Brenda Crawdrr-Gains, Vice Chai o Qraage Canary Hoard of Hcalrh " Health Director Crnage Canary Board of Healrh JJ~rr..,,--.. ____ N 'Environmental Health Division Ron Holdway, Division Director 3060 Revere Road, P.O. Box 8181 Phones (919) 732-$181,x2360 Fe1X: (919) 64 Hills6orou;h, NC 27278 Bevy BorIaad Bar6an Patrermn Chapel Hill Durban Irieb: wwcv. • ~ .~ l Adminstradve Asaisranc Office tlsaisnnr (919) 9f8j4SD1 (919) 68&7331 (919) 2 March 6, 2000 SOIL l SITE Evaluation Summary for TxE wooD~,~s Chapel Hill Township Map 118 Lot 26 . blap Date Mazch 1, 2000 LOT # DESIGN FLOW 1 480 GPD 2 480 GPD 3 480 GPD 4 360 GPD 5 480 GPD 6 480 GPD 7 480 GPD 8 480 GPD 9 480 GPD 10 480 GPD 11 480 GPD 12 480 GPD 13 480 GPD 14 480 GPD 15 480 GPD 16 ~ 480 GPD 17 480 GPD 18 480 GPD 19 480 GPD TYPE SYS SHALLOW TRENCH CONVENTIONAL w/ pump SHALLOW TRENCH CONVENTIONAL w/pump SHALLOW TRENCH CONVENTIONAL w/pump SHALLOW ?BENCH CONVENTIONAL w/pump CONVENTIONAL SHALLOW TRENCH CONVENTIONAL CONVENTIONAL SHALLOW TRENCH CONVENTIONAL SHALLOW TRENCH CONVENTIONAL CONVENTIONAL SHALLOW TRENCH CONVENTIONAL SHALLOW TRENCH CONVENTIONAL CONVENTIONAL coNVErrrIONAL w/PVlv1P CONVEN'T'IONAL W/PCTivlp SHALLOW TRENCH CONVENTIONAL . CONVENTIONAL CONVENTIONAL CONVENTIONAL w/ pump C ~'J 21 22 23 24 25 26 27 23 29 30 31 32 33 34 35 36 37 38 39 40 41 4so GPD 430 GPD 480 GPD 480 GPD 480 GPD 480 GPD 480 GPD 480 GPD 480 GPD 480 GPD 480 GPD 480 GPD 480 GPD 480 GPD 480 GPD 480 GPD 480 GPD 480 GPD 480 GPD 480 GPD 480-GPD 480 GPD SHALLOW TRENCH CONVENTIOiV.4I., w/pump SHALLOW TRENCH CONVENTIONAL w/ pump SHALLOW TRENCH CONVENTIONAL w/pump CONVENTIONAL SHALLOW TRENCH CONVENTIONAL SHALLOW TRENCH CONVENTIONAL ULTRA SHALLOW TRENCH CONVENTIONAL w/purzsp CONVENTIONAL CONVEN'TTONAL w/pump SHALLOW TRENCH CONVENTIONAL w/pump SHALLOW TRENCH CONVENTIONAL w/ pump SHALLOW TRENCH CONVEN'T'IONAL w/pump CONVENTIONAL w/pump SHALLOW TRENCH CONVENTIONAL w/pump SHALLOW TRENCH CONVENTIONAL w/pump SHALLOW TRENCH CONVENTIONAL SHALLOW TRENCH CONVENTIONAL SHALLOW TRENCH CONVENTIONAL SHALLOW TRENCH CONVENTIONAL SHALLOW TRENCH CONVEN170NAL CONVENTIONAL . CONVENTIONAL The design flow is based upon the number of bedrooms applied for by the property owner or developer. The design flaw for a bed 120 gallons/day (gpd). (e,g, 480 GPD x 4 bedrooms) The property owner or developer as required by 15A NCAC 18A .1900 - ,1969 (The Laws and. Rules for Sewage Treatment and Di Systems) provides proposed house locations. The pump requirement is a function of house location and proximity to the provisio= suitable sail area. The design flow, type system, and pump requirement arc subject to change based upon the application and site plan or plat submitt~ the Construction Authorization for a Wastewater System. The blocked areas an the accompanying plat are the limits of the provisionally suitable soils as evaluated by the Orange County Fie Department Tt should be noted that all lots having a conventional drain field with pump are reviewed at a minimum of every five years by the he deparmzent as required by 1SA NCAC 18A .1961 (Maintenance of Sewage Systems). Conventional Systems aze placed in azeas with 36 inches or mote of provisionally suitable characteristics. Shallow Trenc$ Conventional Systems aza placed in, azeas with 30 inches or more of provisionally suitable characteristics. Ultra Shallow Trench Conventional Systems axe placed in areas with 24 iaches~ or more of provisionally suitable chazacteristics anc inch soil cap is placed over the trcnchcs. . - RESIDENTIAL FISCAL IMPACT TEMPLATE: SERVICE STANDARD METHOD Bureau of Economic ~ Business Research -University of Florida Modified 4/15/97 -Orange County, NC Planning Department SECTION 1 -PROJECT DATA: ENTER THE FOLLOWING DATA FOR EACH PROJECT: PROJECT: The Woodlands ,TOWNSHIP: Chapel Will ;CONSTRUCTION PERIOD: '~ Beginning Year. 20 Ending Year. 20 Inflation Rate: 2.5( 'CHARACTERISTICS OF HOUSEHOLDS: Persons/House: ENTER "1" BESIDE APPLICABLE SCHOOL DISTRICT BELOW. 2. ChildreNHouse: ENTER "1" BESIDE APPLICABLE SCHOOL DISTRICT BELOW. 0. Non-Elderly: 100.00 NOME SALES DATA: Year Number of Homes 2001 2ooz 2003 2004 2005 2006 2007 2008 Zoos 2010 7 s 10 9 7 0 D a 0 0 Average Sales Price ($) 400,000 420, 000 450,OOD 475,000 490, 000 0 0 D 0 0 Distribution of Units by Year 17.07 19.51 24.39 21.95 17.07 0.00 0.00 o.oD o.oo n nn SCHOOL DISTRICT DATA: ENTER "1" IN ( )BESIDE SCHOOL DISTRICT IN WHICH PROJECT 15 TO BE LOCATED TO GENERATE STUDENT DISTRIBUTION BY SCHOOL TYPE. School District: - School Attendance: Orange County ( 0) Elementary School 57 Middle School 22 Chapel Hill-Carrboro ( - - 1) High School 21 z~ SECTION 2 -LOCAL GOVERNMENT AND SCHOOL DISTRICT DATA BUDGET YEAR: 199fi-9" COUNTY POPULATION: 10589F SCHOOL DISTRICT STUDENT POPULATION: 8127 COUNTY EMPLOYMENT: POSITIONS PER CAPITA General Government 108.60 O.D010 Public Safety 142.95 0.0013 Public Works 50.00 0.0005 Human Services 264.07 0.0025 Education (School District) 1155.00 0.0109 SCHOOL DISTRICT EMPLOYMENT: POSITIONS PER STUDENT Total ~ 1155.00 0.1421 COUNTY PER CAPITA REVENUES (~): REVENUES PER CAPITA Taxes -Other Than Property 4653250 43.9 Intergovernmental 9007481 85.0E Service Charges 3388055 31.90 Miscellaneous 1738939 16.4 COUNTY PER CAPITA EXPENDITURES (5): EXPENDITURE PER CAPITA General Government 5804231 64.2: Public Safety 7274334 68.64 Public Warks 2871690 27.1: Human Services 17112641 161.6f Education (Recurring Capital) 874500 8.2~ Non-Departmental 3163481 29.8' COUNTY PER EMPLOYEE EXPENDITURE $): EXPENDITURE PER EMPLOYEE General Government 6804231 62654.0E Public Safety 7274334 50887.2E Public Works 2871690 57433.8( Human Services 17112641 64803.4; Education Recurring Capital) 874500 757.1 SCHOOL DISTRICT PER STUDENT EXPENDITURES ($): EXPENDITURE PER STUDENT County Govemment 14482314 1782.Oi School District 4895081 602.3 State 26787400 3296.1 SCHOOL DISTRICT PER EMPLOYEE EXPENDITURES ($): EXPENDITURE PER EMPLOYE County Govemment 14482314 12538.8 School District 48950$1 4238.1 State 26787400 23192.5 TAX DATA: ENTER APPLICABLE ASSESSMENT RATIO AND ELDERLY EXEMPTION: County Tax'Rate ($) School District Tax Rate ($) Assessment Ratio Elderly Exemption 0.9190 Per $100 Assessed Valuation 0.1900 Per $100 Assessed Valuation 100.00 0 $11,000 Where Applicable 29 SECTION 3 -DEMOGRAPHIC PROJECTIONS BASED ON PROJECT DATA YEAR 2001 2D02 2003 2004 20C HOUSING UNITS 7 15 25 34 4 POPULATION 18 38 64 87 10 SCHOOL CHILDREN Elementary 3 5 9 12 1; Middle 1 2 3 5 High School 1 2 3 4 TOTAL 4 9 16 21 21 COUNTY GOVERNMENT ADDITIONAL EMPLOYEES General Govemment 0.02 0.04 0.07 0.pg Q.1 Public Safety 0.02 0.05 0.09 0.12 0.1 Public Works 0.01 0.02 0.03 0.04 0,0 Human Services 0.04 0.10 0.1(i 0.22 0,2 TOTAL 0.10 0.21 0.34 0.46 O,g SCHOOL DISTRICT 0.20 0.42 D.70 0.95 ~ 1.1 ADDITIONAL EMPLOYEES YEAR 2006 2007 2008 2009 201 HOUSING UNITS 41 41 41 41 4• POPULATION 105 105 105 105 10; SCHOOL CHILDREN Elementary 15 15 15 15 1: Middle Ei 6 6 Ei E High School 5 5 5 5 TOTAL 26 26 2Ei 26 2E COUNTY GOVERNMENT ADDITIONAL EMPLOYEES - General Government 0.11 0.11 0.11 0.11 0.1 Public Safety 0.14 0.14 0.14 0.14 0.1 Public Works 0.05 0.05 0.05 0.05 0.0 Human Services 0.26 0.26 0.2fi 0.2fi 0.2 TOTAL 0.56 0.56 0.56 0.56 0.5 SCHOOL DISTRICT 1.14 1.14 1.14 1.14 1.1 ADDITIONAL EMPLOYEES 31 SEC710N 4 -PROJECTED FI5CAL IMPACT OF PROJECT ON COUNTY GDVERNMENT YEAR 2001 2002 2003 2004 200: TAX BASE ($1000) 2800 6230 10886 15433 19249 RE=VENUES ($) - Property Tax 25732 57254 100040 141828 176896 Other Taxes 787 1730 2955 4119 5091 Intergovernmental 1524 3348 5719 7973 9855 Service Charges 573 1259 2151 2999 3707 Miscellaneous 294 ,646 1104 1539 1902 TOTAL ($) 28911 64237 111969 158458 197450 EXPENDITURES ($) General Government 1151 2529 4320 6023 7444 Public Safety 1231 2704 4619 6439 7956: Public Works 486 1067 1823 2542 314e Human Services 2896 6360 10866 ~ 15147 18722 Education 8007 17586 30043 41879 51764 Non-Departmental 535 1176 2009 2800 3461 TOTAL ($) 14306 31422 53680 74829 92491 NET FISCAL IMPACT ($) 14605 32815 58290 83628 104959 YEAR 2006 2007 2008 2009 201 TAX BASE ($1000) 19730 2D223 2D729 21247 2177E REVENUES ($) Property Tax 181318 185851 190497 195260 200141 Other Taxes 5218 5349 5482 5619 5761 Intergovernmental 10101 10353 10612 70878 11145 Service Charges 3799 3894 3992 4091 419 Miscellaneous 1950 1999 2049 2100 215: TOTAL ($) _. 202386 207446 212632 217948 22339. EXPENDITURES ($) General Government 7630 7821 8016 8217 842 Public Safety 8157 8361 8570 8785 900 Public Works 3220 3301 3383 3468 355 Human Services 19190 19670 20161 20665 2118 Education 53058 54385 55744 57138 5856 Non-Departmental 3547 3636 3727 3820 391 TOTAL ($) 94803 97174 99603 102093 10464 NET FI5CAL IMPACT {$) 107583 110272 113029 115855 11875 SECTION 5 - pROJECTEp FISCAL IMPACT OF PROJECT ON SCHOOL DISTRICT YEAR 2001 2002 2003 2D04 20( REVENUES ($) County 8007 17586 30043 41879 5176 School District 5320 11837 20683 29322 3657; State 14536 31927 54542 76031 9397", TOTAL ($) 27862 61350 105267 147233 182313 EXPENDITURES ($) County 8007 17586 30043 41879 5176 School District 265fi 5834 9967 13894 1717;: State 14536 31927 54542 76031 93971 TOTAL ($) 25199 55347 94551 131804 162914 NET FISCAL IMPACT ($) 2664 6003 10716 15429 19399 YEAR 2006 2007 2008 2009. ~ 201 REVENUES ($) County 53058 54385 55744 57138 5856E School District 37487 38424 39385 40369 41378 Stat® 96326 98734 101203 103733 106326 TOTAL ($) 186871 191543 196332 201240 206271 EXPENDITURES ($) County 53058 54385 55744 57138 58566 School District 17602 18043 18494 18956 19430 State 96326 98734 101203 103733 106326 TOTAL ($) 166987 171162 175441 179827 184322 NET FISCAL IMPACT ($) 19884 20382 20891 21413 21949 SECTION 6 -SUMMARY OF PROJECTED DEMOGRAPHIC/FISCAL IMPACTS YEAR 2001 2002 2003 2004 20C HOUSING UNITS 7 15 25 34 4 POPULATION 18 38 64 87 10. SCHOOL CHILDREN Elementary 3 5 9 12 1 Middle 1 2 3 5 High School 1 2 3 4 TOTAL 4 9 16 21 2~ COUNTY EMPLOYEES 0.10 0,21 0.34 0.46 0.; SCHOOL EMPLOYEES 0.20 0.42 0.70 0.95 1.1 TAX BASE ($1000) 2800 6230 10886 15433 1924 COUNTY BUDGET ($) ~ Revenues 28911 64237 111969 158458 19745C Expenditures 14306 31422 53680 74829 9249• BALANCE 14605 32815 58290 83628 10495; SCHOOL DISTRICT BUDGET ($) Revenues 278,62 61350 105267 147233 ~ 18231: Expenditures 25199 55347' 94551 131804 16291 BALANCE 2664 6003 10716 15429 1939 COMBINED BUDGETS ($) Revenues 56774 125586 217237 305691 37976 Expenditures - 39505 86769 148231 206634 25540; BALANCE 17269 3$817 69006 99057 12435E YE?AR 2006 2007 2D08 2D09 201 HOUSING UNITS 41 41 41 41 4 POPULATION 105 105 105 7 05 10 SCHOOL CHILDREcN Elementary 15 15 15 15 1 Middle 6 6 6 6 High School 5 5 5 5 TOTAL 25 26 26 26 2 COUNTY EMPLOYEES 0.55 0.56 0.56 0.56 0.: SCHOOL EMPLOYEES 1.14 1.14 1.14 1.14 1.' TAX BASE ($1000) 19730 20223 20729 21247 2177 COUNTY BUDGET ($) Revenues 202386 207446 212632 217948 22339' Expenditures --- 94803 97174 99603 102093 10464. BALANCE 107583 110272 113029 115855 11875 SCHOOL DISTRICT BUDGET (~) Revenues 186871 191543. 196332 201240 20627 Expenditures 186987 171162 175441 179827 18432 BALANCE 19884 20382 20891 21413 2194 COMBINED BUDGETS ($) Revenues 389258 398989 408964 419188 42966 Expenditures 261790 268335 275043 281920 28896 BALANCE 127467 130654 133920 137268 14070 SECTION 7 -SUMMARY OF PROJECTED PUBLIC SCHOOL CAPACITY IMPACTS a~.n~uL ui5 ~ KIG I DATA: School District: ~~ Orange County Chapel Hill-Carrboro YEAR 2001 2002 2003 2004 ~nr scHOOL cHILDREN - Elementary 3 5 9 12 Middle 1 2 3 5 1 High Schadl 1 2 3 TOTAL 4 9 16 4 21 2 YEAR 2006 2007 2008 2009 201 SCHOOL CHILDREN Elementary 15 15 15 15 Middle 6 6 6 6 1: High School 5 5 5 5 TOTAL 26 26 26 26 2! SCHOOL CAPACITIES -.ALL SCHOOLS CURRENT ENROLLMENT -ALL SCHOOLS Elementary 3688 Elementary 392 Middle ~ 21014 Middle 1897 High School 2665 High School 211 C TOTAL 8457 TOTAL 792 YEAR 2001 2002 2003 2004 200 PROJECTED ENROLLMENT Elementary 3925 3927 3931 3934 3937 Middle 1898 1899 1900 1902 190? High School 2111 2112 2113 2114 2115 TOTAL 7933 7938 7945 7950 7955 YEAR 2006 2007 2008 2009 201 PROJECTED ENROLLMENT Elementary - 3937 3937 3937 3937 3937 Middle 1903 1903 1903 1903 1903 High School 2115 2115 2115 2115 2115 TOTAL 7955 7955 7955 7955 7955 NO ) YES ) School Attendance: Elementary School Middle School High School 57 2z 21 L) J ~ y.~' 1 FINA~~iCIAL IMPACT: Fiscal Impact Analysis included as an attachmznt. 2 3 RECOMMENDATION: Planning Staff 4 Approval, in accordance with the attached Resolution of 5 Approval. d 7 Barrows made reference to the Fire Marshall's comment on page 79 about the consideration of a s secondary means of ingress/egress for emergency response and mitigation measures. 9 10 Garrett said that at the concept plan, the boazd discussed this because the staff was requesting a 11 ~ stub out, and the board approved the concept plan without the stub out. 12 13 Dan Jewel, the developer for Buckhorn Ridge, thanked the staff for their time and said that they 14 are in agreement with all of the recommendations in the resolution. He said that it was a low 15 density development and the smaller lots, that still exceed the minimum requirement for the 16 zoning district, aze placed where they aze because that is the flat, open part of the property that 17 had been timbered several yeazs aga. is 19 MUTTON: Selkirk moved to accept the Preliminary Plan for Buckhorn Ridge 20 as recommended by the staff. Seconded by Gooding-Ray. 21 22 VOTE: Unanimous. 23' 24 (3) The Woodlands 25 (Chapel Hill Township - 41 Lots) 26 27 Presentation by Tina Moon. 28 29 PURPOSE: To consider an application for Preliminary Plat approval of The Woodlands 30 31 BACKGROUND: 32 Request Preliminary Plat approval for a conventional major subdivision 33 Applicant: Kim Henry, agent for Builders' Marketing Graup, Inc. 34 • Forty-one (41}single-family residential lots proposed on a 108± acre tract (TM 7.118..26) 35 • 94.8 acres in Orange County;.13.2 acres in Chatham County 36 Average Lot Size = 1.673 aches (Gross Average Lot Size) = 2.634 acres 37 Location 3s Southwest Chapel Hill Township 39 • South side of Jones Ferry Road approximately 900 feet east of Ferguson Road 40 Majority of lots 11 and 12, and portions of lots 13, 21, 22, and 23 in northern Chatham 41 County 42 Existing Site Conditions 43 Zoning 44 • Western two-thirds of site is in the Agricultural Residential (AR) zoning district and the Haw 45 River Protected Watershed 46 * 301ots are proposed in the AR/Haw PW 47 Average Lot Size =1.395 acres 1 • Eastern third of the site is in the Rural Buffer (RB) zoning district and the University Lake 2 Protected Watershed 3 • 71ots are proposed in the RB/University PW 4 • Average Lot Size = 2.135 acres 5 • 4 lots are proposed in both the AR/Haw PW & RB/LJniversity PW 6 Average Lot Size = 2.2$8 acre 7 • Impervious surface limits aze listed for each lot based on the watershed regulations 8 • Adjacent Land Uses aze predominately vacant; there is one single-family residence by the 9 northeastern corner of the site 10 Physical Description 11 Rolling land with two large rock outcrops on the high points of the site 12 • 'Timbered in last few yeazs but still significant hardwoods and evergreens 13 • A pond fed stream flows under proposed Nine Gates main road entrance and drains to 14 Meadow Branch 15 Pritchards Mill Creek stops just short of the north eastern site boundary line 16 • The beginning of intermittent stream that drains into Wilkinson Creek is located at southern 17 portion of the tract 18 19 Proposed Site Conditions 20 Roads: 21 Access to subdivision from Jones Ferry Road (SR 1942) 22 • Four public roads to be constructed to NCDOT standazds 23 • Nine Gates Road meets NCDOT collector road standazds-as requested by staff. 24 • The proposed 50-foot right-of--way shown on Sheet 2 between lots 32 and 33 and noted as 25 "reserved for possible future dedication" must be formally dedicated to the County as part of 26 the Final Plat approval process. 27 Open Space: 28 • 16.199 Acres; 15% of 108-acre tract 29 Water-Sewer: 30 • A1141 lots will have individual wells and septic systems 31 • Orange County Environmental Health Department has located suitable septic sites for.all lots 32 33. Agency, Comments 34 Requests for agency review were sent to: Chatham County Planning Director, NCDOT, Erosion 35 Control, County Engineer, Recreation and Parks, Orange County Schools, Soil and Water 36 Conservation, County Attorney, and the Fire Marshall. 37 Chatham County Planning Director comments: Orange County approval sufficient for entire 38 tract including Chatham County portions. A Mylaz copy of the approved plat must be filed 39 with the Chatham County Register of Deeds and a paper copy submitted to Planning 4o Department for their records. 41 • NCDOT comments (attached) 42 • Emergency Management comments from concept plan resubmitted for preliminary plat 43 (attached) 44 45 Develo went Process Schedule and Action: 46 • First Action: 1 The Planning Board approved the conventional concept plan for Nine Gates (now The Woodlands) on January 5, 2000 with the following conditions: 3 1. All roads shall be public and proposed to be built to NCDOT standards with additional 4 five (5) foot utility easements on each side. Sight distance triangles (10' x 70') to be s shown for each street. The right-of--way at intersections shall be improved to NCDOT 6 standazds. 7 2. The right-af--way of Nine Gates Road shall extend to the eastern, external property line of s the subdivision in the proximity of lots 37 and 38. A conveyance of a 50-foot right of 9 way, with 20' construction easements on each side, from the proposed location of Nine 1o Gates Road to the eastern property line is acceptable in-lieu-of construction. A 30' Type 11 A buffer shall extend along all portions of Nine Gates Road and along the street extended 12 ,, to the eastern property line. 13 3. If a sign is anticipated, reserve a sign easement on lot number 1 at entrance to 14 subdivision. 15 4. Each lot shall contain an adequate azea far septic disposal and a repair area as approved 16 by the Orange County Division of Environmental Health. 17 5. Indicate on preliminary plat areas far on-site infiltration of storm water that demonstrates 18 compliance with Article 6.23.3a of the Orange County Zoning Ordinance. 19 fi. Driveway access points to be a minimum of 75 feet from the intersection of street right- 20 of-ways.. 21 7. The Common Area tract to be held in homeowner's association in perpetuity and cannot 22 subdivided or recombined with adjacent lots. 23 8. Either dedicate all of the land adjacent to Nine Crates Road to the NCDOT or place the 24 Land in the Homeowner's Association as open space. z5 9. Submit verification that the requirements of NCGS Chapter 70 Article 3 Unmarked 26 Human Burial and Human Skeletal Remains Protection Act have been met or will be met. 27 • Second Action: 28 Planning Board approval, approval with conditions, or denial of proposed subdivision 29 1. Action within two regularly scheduled Planning Boards meetings, or extension thereof; 30 2. If the Planning Board fails to act within the specified time period, the application is 31 forwazded to the Boazd of County Commissioners with the Planning Board minutes and 32 the Planning Staff recommendations and conditions only. 33 34 FINANCIAL IMPACT: Fiscal Impact Analysis (attached) 3S 36 RECOMMENDATION: Planning StafF 37 Approval in accordance with the attached resolution 38 39 Moon noted that some of the neighbors of the property have called and expressed concern about 4o increased traffic as a result of this subdivision. She made reference to the resolution and said 41 that NCDOT will not accept the roads until all of the lots have been built and occupied. The 42 staff is recommending a construction of a left-hand turn lane on Jones Ferry Road. The staff is 43 also recommending that the 50-foot right-of--way between lots 32 and 33 must be formally 44 dedicated to Orange County. Moon, also noted.that the existing private road, Nine Gates, will be 45 upgraded to sere as the subdivision entrance road and as such will be classified as .a collector. 46 The standard landscape buffers and 70-foot right-of--way requirements will be waived, however, 47 due to the physical constraints of the site. 48 1 Kim Henry, agent for Builder's Marketing Group, Inc., made reference to the left-hand turn lane 2 condition. She said that the construction of this turn lane would be very significant. She agreed 3 that the turn lane would be safer, however, there would be quite a bit of impact to the area by the 4 construction of the turn lane'to NCDOT standards for a state road with a posted 4S-mph speed S limit. She said that it would require almost 1000 feet on both sides of the road. She said that she 6 had no land to dedicate for this construction. She mentioned Mr. Delos O'Daniels, who would 7 be most impacted by the construction of the turn lane and is very much against it. She said that 8 the Planning Department did contact NCDOT District Engineer Mike Venable to inquire as to 9 whether the traffic count on Jones Ferry Road did necessitate a turn lane, and he said that it did to nat. She said that all of the other conditions for this subdivision have been met and she just 11 wanted to call this particular one to the board's attention. 12 , 13 Chair Allison read a letter from Delos O'Daniels, stating the opposition to the construction of the 14 turn lane. This letter is stated below: 1S 16 "When I was advised Tuesday night, May 2, 2000 of your total insensitive idea to 17 mutilate a stretch of Jones Ferry Road, I was shocked. Since I will be out of town and 18 _ unable to attend your meeting Thursday, May 4`t', I wish to enter this letter into the 19 minutes of your meeting in opposition to your proposal. If you choose to go forward 20 with your proposed action of a 650-foot left turn lane on our property, it will be settled in 21 court." 22 23 Barrows said that it was interesting that Mr. O'Daniels came at the concept stage and complained 24 about the traffic and was wozx-ied about the safety. 25 . 26 Goodwin asked to heaz a comment from the staff on the issue of the turn lane. 27 28 Benedict said that the staff looks at the size of the project, what road it is on, and the volume of z9 traffic on the existing road. He said that there would be a reasonable amount oftxaffic from this 3o subdivision. There would be traffic even at night on Jones Ferry Road carving in from Chapel 31 Hill. Based on the concerns of the Planning Board and the County Commissioners, the County 32 can be more restrictive than NCDOT standazds. 33 3a Gooding-Ray asked if the staff addressed Ms. Cox's concern about access to her land during the 35 construction. Henry said that Ms. Cox would always have access. 36 37 Benedict said that at last night's meeting, NCDOT was here discussing roads that were built in 3 8 the past, and. how some of the private roads were then requested to become public, and the width 39 of the roads have beeri deficient. He said that the SO-foot area would be used in this case. 40 Selkirk asked how much the turn lane. is really needed in this situation and if there would be 41 sufficient traffic. in the evening to warrant the turn lane. 42 a3 Benedict said that Jones Ferry Road does have more traffic on it than Richmond Hill Road, and 44 the volume has been increasing over the last few years. 45 46 Strayhorn asked what NCDOT's criteria was for a turn lane. Benedict said that it varies in 47 different circumstances. 48 1 Mark O'Neal, with Fickett Sprouse Real Estate, said that plus or minus S00 cars based on a 3 x,000 traffic count per day would require a turn lane. Also, a subdivision with over SO lots 3 would require a turn lane. NCDOT's traffic count in 1997 on Jones Ferry Road is 4,300 trips per ~ day. " MOTION: McAdams moved to accept the Freliminary Plan for The Woodlands subdivision as recommended by the staff. Seconded by Barrows. 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VOTE: Ayes, 4; Noes, 4 (Selkirk, Gooding-Ray, Strayhorn, Allison) Strayhorn and Selkirk felt that a turn lane is not needed. Gooding-Ray also felt that a tum lane is not needed. She added that the number of lots does not warrant a turn lane, although it might become necessary in the future, as there is more development. Allison had a concern about this particular case. The preliminary plan for The Woodlands goes forward to the County Commissioners without a Planning Boazd recommendation. Gooding-Ray said that she was concerned about the last pazagraph in Ms. Cox's letter where she requested that the Planning staff send her updated information. Benedict said that if the staff gets a request, they fax it to the person who is requesting it. (4) New Hope Springs -Section 3 (Chapel Hill Township - 9 Lots) Eddie Kirk made the presentation. PURPOSE: Consideration of the Preliminary Plan for New Hope Springs Section Three Subdivision. BACKGROUND: Re nest - Prelimina Plan Applicant: B K. & K Properties • Subdivision follows the conventional plan. • 9single-family lots on 24.12 acres (including rights-of way) Average lot size - 2.61 ac. • Minimum to Actual Lot Size Ratio (MTAR) is 1.31. Minimum lot size is 2.0 acres. Q°fo common open space is provided. Location - - The property is located off the south side of Davis Road at the end of Section Two of New Hope Spring Chapel Hill Township. Existin4 and Pro osed Conditions Existing: • Current zoning is Rural Buffer (RB). • The property is not located in a designated protected watershed. Physical Features: • There aze no streams indicated on the property. • The site is entirely wooded with mixed hardwoods and pines. Adjacent Land Use: ,~iz.y-04-00 p1 ;p7p prudential Carol inasRlty ro . -~ ~ ~~ '~~, ~~~ Fr~rr~: N~rrr~~ of Via: ~ Pd~on~: b~~~ ~-- 35 P.O Lynn !r`~r~n Ctjx -~rt~sl~n~a! ~~~~~~~ ~~ -~~fll ~ F~,fi~ 5 ~C~~~! JYl~l, ~~ ~~~-i~~ May-04-00 D1 -07P Pru~~nt'ial Carol inasRlty Lynn lrwin Cox 302 Nine Gates Rnacl Chapel l'lill, NC ?751 h Cliairpersan and Members Qrange County Flanning Ho:~rd 306 Revcrc Road ~~ Hillsborough, NC 27278 Dear Members, As the property owner that is the most impacted by the Nine Gates Subdivision (The Waods) off Jones Ferry developed by I~irn Henry, Y have several concerns. Unfortunately, T will be unable.to attend thn meeting this week so I would appccciatc your entering this letter into the record. I am very concerned about widening Nina Gates to a 5U ft. state maintained react, Might now there is a mature hedgerow which is the habitat For many species of wildlife. Also, l am attempting to reestablish a quail population ar-d hedgerows provide cover for these birds. With the widening of the road this hahitai will be destroyed. fn addition, I am very concerned about thn traffic this subdivision will generate and ability for vehicles to safely access Nine Gaffes tram Jones Ferry and visa versa. A Iso, I ann cxtxcmcly concerned about the future caristructiun otNinc Uatcs as a connector road. if this should occur, what is now a quiet and beautiful, pastoral grave[ road. wit l become a major cut through Car traffic wishing to gcC to Highway 54 or the northern part of the county from 1 S-SOl . Il is my understaading that the Irvin property will be donated to the Nature Conservancy which would not be compatible with a high traffic artery cutting through it. Finally, i am cancemed ahaut my ability to access my home while the road is being constructed and emergency vehicles'" ability to access my property at any time. l do not work" regular nine to live hours so it is important to have this road open at all times to accommodate my work schedule and for safety. Twn weeps ago, I requested that the Planning staff send me the updated pertinent infarmrativn abut this subdivision;.howevcr, Ihave not received it. Thanks you L'or your attention, Sincerely yours, ~1~Z~~ti~~C. Lynn~IYrovin Cox P . O; May 4, 2UA0 • ^^Y-04-OG T+-(U 10:20 Aif W T VD SAI.cS FAX, K0, 91968274'0 ~ P, O1 S ~~ .. ales Department 411 LIBERTY STREET DURHAM, NC 2770'! ,. F~~CS1~7'iI~E? CDV@~` S~i~'e~ Com an : ~~ P~NI~v~ ~a~~ P Y Phone: '~ Fax. From; Company: Phone: Fax: Da#e: Pages including this , cover pager C~iris Nes~i~# Ge~aera~ Sales I'~a~ar~er ~ . V~ITVI~, Ne~-sC~a~~el 1.'i, A~3C 919-683-1111 919-682-7476 ~~~-tea ~'AY-C4-CC THU 1 C ~ 21 Ail WTUD SrLES FAX N0. 9196827476 p, 02 s/~ ~~ n i /-~ ~. ~ ~ ~ ~.H d ~ a~a 7Um¢ W~1a ~°4cC./ ~ GtG~JiS«A c{~ QL/~- OX7fx"' "!t}31 ~J Tn kS /]/20 ~fJ LOX. ~, ~K YV V w~~11 dsn~~z~ Theo ae~~isn.//~co ~ 6 ~. la ~ ~~~n l~~ c~ f~oa~. ~" ~'f~. g~q . ~c~q~ May 4 'CO 17:4 P. 01 Lucy Herber 352fl Moonlight Drive Chapel Hill, NC 27516 919-929-85zD May 4, 2004 T'~na Moon Orange County Department of Planning Fax # 6F1430a2 Ms. Moon; Thank you for speaking with me this afternoon regarding the proposed Ninc Gates Subdivision. I most likely will pot be able to attend the meeting tonight so I thought I'd use this letter to convey soma of my concerns. My overwhelming concern is that the proposed development sets a precedent that will permanently alter the character of the neighborhood in which we live. My husband and I have been living in the Turkey Run subdivision for aver 13 years and have grown tv appreciate the rural and woodsy character of our surroundings: Excluding the Mel Oaks subdivision {which is an anomaly), mast of the homes, those along Jones Ferry Road and adjoining t-eighborhaads, arc on large wooded lots. I had presumed that local ordinancesensutedlprotected this way of life. Every day X look forward to leaving the bypass, crossing the lake and checking out the horses in the pasture on my trek horpe. Although the proposed development is sat back from the road, I'm concerned that fl1NrC development of adjoining property will assume the charactctYStics of the new development. From the developer's description, I envision hage "Cary-esque" homes an relatively small lots. cleared of trees to make way for the septic systems necessary to accommodate five bedroom, four bath houses with paved drives. My other concern is that of the proposed changes to the mad. The proposed left-tarn lane sounds as though it might be a bit excessive. I can appreciate the board's interest in ensuring the safety of residents and passers-by but I fear that the proposed renavatioa may be a little overbuilt (along the scale of what occurred at the Calavander intersection). There era more dangerous intcrsection8 along Jones Ferry Road (i.e., at Damascus Church) that could use the efforts of the DOT. I suppose it all Boils down to the carrying capacity of the road. When is this capacity exceeded? And whae ate the long-range plans for moving cars, trucks and bikes safely? ~rhaps it's titer to look at whether the ordiaaacas are ample to protect the way of life that attracted my neighbors and I w this part of the county in the first place. I can appreciate that change is accessary but I thitilc that we should work together to unsure that Orange County remains a desirable place to be. Respectfully, Lucy Herber BUILDERS'. MARKETING GROUP, INC. LAND DEVELOPMENT & NEW HOME SALES S12 Ironwoods Drive, Chapel Hill, NC 27516 (919) 968-4588 (fax) 932-9012 May 9, 2000 Orange County Planning Department Craig Benedict, Director 306 F Revere Road Hillsborough, NC 27278 Dear, Craig, I received this a-mail today and aan sending this copy to be included in the package that goes to the Commissioners. This does confirm that the Irvin property will, indeed, go to the Triangle Land Conservancy and never be developed. This eliminates the need for the future connector to that property through The Woodlands. This will also calm the fears that adjoining property owners have that traffic other than that generated in The Woodlands would be using Nine Gates Road as a short-cut to Jones Ferry Road. I would like to formally request that the stub-ant requirement be dropped from the Preliminary Approval conditions. In regard to the Left Turn Lane, I truly am divided myself - as I stated to the Planning Board, I would like to have that margin of safely for the future Woodlands homeowners but, at the same time, I do not want to be caught between the County saying, "build it", and adjoining properly owners telling me I am facing a court battle to obtain needed construction easements. I have talked with Mike Venable, NCDOT, about the possibility of less invasive road shoulder and ditchline widths that DOT would find acceptable and intend to meet with Mr. O'Daaiel next week to see if he would be willing to compromise if I also o$er to build a new driveway for him to access Nine Gates. With regards, Kim Henry, president Builders' Marking Group, Inc. cc: Robert Davis, Tina Moon Subj: FW: ©inor M. Irvin Date: 5/9100 5:57:17 AM Pacific Daylight-Time rrom: dfrankstone@higmlaw.com (David Frankstone) To: khenrydev@aol.com ('khenrydev@aol.com') FYI -This is the email that I sent yesterday to the head of OC Planning Cepartment David R Frankstone, Attorney-at-Law 870 Airport Road Chapel Hill, NC 27514 (919) 968-4717' Fax (919} 929-1415 dfrankstone@hfigmlaw. corn original Message-- From: David Frankstone Sent: Monday, May 08, 2000 5:50 PM To: 'cbenedict@co.orange.nc.us' Subject: Elinor M. Irvin Cear Mr. Benedict:. I represent Elinor Inrin, on older woman who owns a large farm on Jones Feny Road in Orange County. Her land abuts the Indy Cannon property that Kim Henry and her husband propose to subdivide. I believe that a suggestion has been made by the county planning staff that it would be prudent to stub out a road to Mrs. Irvin's boundary. ft is that issue that I am writing about. I have been Mrs. Irvin's lawyer for at least the last 10 years. During that time it has always been her intention to dispose of her property at her death by giving the farm to the Triangle Land Conservancy. Subdir+sion of her property would not be permitted, farming and forestry uses could and would be continued as to part of the land and the remainder would be conserved as undeveloped woodland This is still her intention and I believe that It will continue to be so. So, a road would never cross her property unless the right of way was taken by eminent domain. Thank you. David R Frankstone, Attorney-at-Law 870 Airport Road Chapel Hill, NC 27514 (919) 968717 Fax (919) 929-1415 dfrankstone@hfgmlaw.com FAX COVER To: Orange County Planning Dept. Company Fax Number : fi44 3002 4! From :Janice S. Cenci Company :Janice S. Cenci, CPA Fax Number :919 942-3911 Subject :Proposed Woodlands Subdivision Pages including cover page: 3 Date :6/14/00 Time :3:30:54 PM WinFax PRO Cover Page 4 June 13. 2000 Orange County Board of Cornnlissionzrs Orangz County Planning Board Subject: Proposed Woodlands Subdivision Last Saturday there was a fatal accident on Jones Ferry Road near [Jniversity Lake. A car crossed the center line and hit one of my neighbors and her two young children head on. They were subscquentlyreer-ended. Two people were throvtim front tllc other car and ' died. IV~Iy neighbor and leer children were not seriously injured. Several months ago another neighbor was not as forhinata. His thick was involved in a collision on Jones Feny Road at Damascus Church Road_ As a result of that accidanl, lte suffered srinal chard injuries and may not walk again. Both accidents occurred during the day. As I mentioned at the Commissioners meeting Junz 6, 2000, I have lived in Turkey Run Subdivision sines 1988. The increase in traffic on Jones Ferry Road has become very noticeable in the last few years. The traffic flow throughout the day is constant now, unlike a fe~v years aeo. Jones Ferry• is a lovely, winding country road, now heavily traveled by Speeding cars and dump tnicks that frequently cross the canter line while negotiating thz curves. The road has become, in my opinion, unsafe for recreational use. although many people dill ride bicycles on it. Of the 15 pauses on our street, the occupants of 3 of those homes have been involved in collisions on Jones Ferry Road within the last year or so - al] aStOlllsl1111g 2O~ip1 That figtuc does not include tho man who vas so seriously injured ui the accident at Damascus Church Road because he lives a few streets over. It does include a neighbor who, altar living here for longer than I, moved to Bowden Road just prior to his accident. I understand that the current regulations require that a traffic impact study be perfom~ed for Proposed subdivisions with as many as 35 homes. I understand further, that this regulation was enacted after the application far the proposed Woodlands Subdivision vas filed. The ~F1 homes proposed for the Woodlands would add an additional 80 or so personalv4hicles, plus delivery vehicles, construction traffic and maintenance vehichs to an already heavily traveled country road. If. as it appears, there is a problem with the current level of traffic on Jones Fem• Road, must we zsacerbate the problem by allowing even mare development? Is rampant growth inevitable? I have contacted the State HiQhwav Patrol office in Graham to obtain statistics about the number and pattern of accidents they have investigated on Jones Ferry Road. I am hat ~~ice s. .ens, .,...._ __.. .-- -~- ~- ---• ~ ._..... a _.. -_._. _...._~ .....~. ..........~ ~ ,., rage ~ or 48 certain the information will bz complete, bti~t I recommend data like that be sh~dizd prior to approving fiirthcr d4vclopment. Janice Ce~~ci 3608 A-Ioonlight Drive Chapzl Hill, '~ C 27516 (919) 969-7552 0815/00 TLS 15:55 F~.Y 9199291811 Prudential Carolinas qg Ta of Pates: Phone: `~~,~j -~3 ~~~.3~~ ~~ 'may,, ^~~~~., a ~<' S~a,'~ ~ , Lynn Irwin CoX -Pruden~a/ Canvlinas Reap: -i~07 ~ Franklin S~r+eet -Chapel Hill, NC 27'91 Q -Phane: (919) 929-286 -Fax: X999) 929-i8~1 08/15/00 TL'E 15:83 F.~ 91992918~t1 Prudential Carolinas To: Chairtttan Masts Carey and Orange County Comuzission Membtrs Fmxn: Lyns- Irwin Cox Rc: The Woodlands Subdivision pate; August 15.2000 Nlr. Chairman and Commission Mcnabers, I still have several serious concxrAS about'lhe Woodlands ~o'n that yar are considering this . evening;, however. unfortunately, due to a p3revious comustitmeat I will be gable to intend. As You ia~ ~ home prot>~Y ~ be ~~ ~ most 1yy this subdivision as Y am the nearest property owner. the Woodlands pQE5 NQT sufficiently address the draiinage I~~ 1. The RPSOlution to approve Woody ante mY two lots. As Warren Faircloth slates, "Poteatsal cleated by iUn~ $ttYp ~ 15 difficult to ~ With accm~cy"- The Chu s1t118t~ iS not good impact to the Cox ptvperty aeeas of impeavious s~u~es enough with the tremendous potential nmaff with the ;uidition~l ~ one ditch is front of drug neon downlu]1 that does not pero as rt i5. Thy i5 ciurantly atilt' my barn and home (see attached pht). ' dhch already fi11s ~ overflows into the raid aRer a trmain in the field for weeks. Is the field goi~ to became a useless swamp? Davy rain and water troy a ? Tt>is issuo needs apre-approval IS the upper past>ne above the ditch also going, ~ becotue swamp resolution_ "Chexc is iwkhing in the gesolatiaa r ~ doper W 1~ Nine Cates apes and passable during the construction process. If we have a lot of rain, would a. fire tnulc or ambulance be able to get in and will I be able tv get in and out I do nothave aMaur-wheel drive vehicle- ~ I 1~~ fired to ]fat lose power ar water during thts 1?r~? Wi]1 ai be graC'eled so that i won't g~ clay? A Icw minutes can melee a difference doling an emsrge~Yl rat the 60' wide swath o£ trees along Nme CrdtC~ What ~pl~ to the remaining 3. When they Ilea cut and su~cyu~' d1e. Who removes them and replaces trees an rctY property that have theior rants How ase IV1Y trees '~ be prate 'I~ is sot addressed them? This will fuzther diminu~- ~ ,~,~ are tsi~n is the denser Portions of the bazffcr. This m the g~olutior~- Also, the phatagrap~ This is not addressed is the Resolution dther. is not flue rvaY it is near mY lower or upper &t~ I was dl~y~ ~ tetvin,ltom~e and Hind that trees ltad alt~dy bear cut along Nine Gates ~. qad and ttue delis was not r+e~aovcd and sha~P 2' stubs weir sag up Pram the ground. i waald gr~Y app Maur cansldecation o#'thc~e iss-u~s as you consider this subdivision tanip~ Rcspecd~ly 3'aurs+ "" ~ 5C 08/15%00 TL'E 15:56 F,~Y 919829181 Prudential Carolinas 5 QN1•Y Wl~4MLC S~ CiG ~~~s r _ _ _ ~ ~ r~ WNIE G0.C.~/11-561. DG•1~ Q 1 ~~ nlnc .~~ 71e a 2: A [_ ~C ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director ~opptP a/ ®' Current Planning ~a ''~ 306E Revere Road (919) 245-2575 .r ~ P O BoX $1$1 (919) 644-3002 (FAX) ,~ Hillsborough, www.co.orange.nc.us ~'°//b ~6~0~~°' North Carolina, 27278 MEMQRANDUM TO: Orange County Planning Board FROM: Tina Moon, Planner II DATE: June 14, 2000 SUBJECT: The Woodlands Subdivision The Planning Board reviewed the preliminary plat for The Woodlands, a proposed major subdivision in Chapel Hill Township on its May 4, 2D00 regular meeting. The Board's discussion after the presentations focused on the Planning Department's recommendation for a left turn lane on Jones Ferry Road, and resulted in a tie (4-4) vote. In the case of a tie vote, the application is forwarded to the Board of County Commissioners with the Planning Board minutes and the Planning Staff recommendations and resolution for approval: The Board of County Commissioners reviewed the application on June 6, 2000, and deferred their.decision until June 29"', requesting additional information in several areas. One area of discussion revolved around the meaning of the Planning Board's tie vote. The applicant has requested that the Board clarify the intent of their tie vote--if the vote represented their approval of the subdivision in genera! but concern over the turn lane, or if the vote portrayed their denial of the proposed subdivision altogether. The applicant has agreed to construct a left turn lane off of Jones Ferry Road to provide safe access into Nine Gates Road, the entrance road for The Woodlands. Please review the Planning Board's minutes regarding this item. A copy of the Planning Board's agenda abstract for The Woodlands is also attached for information. The applicant has requested that the Planning Board reconsider this proposal and vote on the Preliminary Plat for the Woodlands, 41-lot conventional subdivision with a left turn lane off of Jones Ferry Road. ~l~i/~o 2 4 S 6 7 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2$ 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 there will be questions and comments by the planning Boazd. He limited the public input to a total of five minutes for those in favor and another five minutes for those in opposition. AGENDA ITEM #7: COMMITTEE/ADVISORY BOARD REPORTS a. Board of Adjustment Barrows reported that there was election of officers and a request for a telecommunications tower that was approved. Howard McAdams is the new Chair. b. Agricultural Districts Advisory Board - no meeting c. Historic Preservation Commission - no meeting . d. Ordinance Review Committee - no meeting e. Shaping Orange County's Future Benedict reported that there would be a public hearing on August 28, 2000 and the Shaping Orange County's Future report will be heazd. AGENDA TTE #$: SUBDIVISIONS a. Preliminary Plans (1) The Woodlands (Chapel Hill Township - 41 Lots) Chair Allison said that the boazd agreed on everything but the turn lane on Jones Ferry Road Benedict gave an overview of this plan. It was taken to the County Commissioners a couple of weeks ago, and the Boazd, even after an explanation, did not understand that the subdivision was adequate, but that the vote was split on the turn lane issue. The applicant agreed to put in the left turn lane after the planning Boazd meeting and before the Board of County Commissioners' meeting. He asked if the Planzung Board would approve this plan since the applicant was willing to include the turn lane, He said that the Planning Board could have one vote concerning the subdivision and one vote concerning the turn lane. PURPOSE:. To consider an application for Preliminary Plat approval of The Woodlands BACKGROUNII: Re uest Preliminary plat approval for a conventional major subdivision Applicant: Kim, Henry, agent for Builders' Marketing Group, Inc. • Forty-one (41) single-family residential lots proposed on a 108± acre tract (TM 7.118..26) • 94.$ acres in Orange County; 13.2 acres in Chatham County • Average Lot Size W 1.673 acres (Gross Average Lot Size) = 2.634 acres Loci ~ Southwest Chapel Hill Township • South side of Jones Ferry Road approximately 900 feet east of Ferguson Road • Majority of lots 11 and 12, and portions of lots 13, 21, 22, and 23 in northern Chatham County 5 1 E_sisting Site_C_ onditions 2 Zoning . 3 • Western two-thirds of site is in the Agricultural Residential (AR) zoning district and the Haw 4 River Protected Watershed S • 301ots are proposed in the AR,/Haw PW 6 • Average Lot Size = 1.395 acres ~ • Eastern third of the site is in the Rural Buffer (RB) zoning district and the University Lake s Protected Watershed 9 • 71ots aze proposed in the RB/University PW 10 + Average Lot Size = 2.135 acres 11 • 4 lots are proposed in both the AR/Haw PW & RB/University PW 12 * Average Lot Size = 2.288 acre 13 • Impervious surface limits are listed for each lot based on the watershed regulations 14 Adjacent Land Uses aze predominately vacant; therc is one single-family residence by the 1 S northeastern comer of the site 16 Physical Description - 17 • Rolling land with two lazge rock outcrops on the high points of the site 1 s • Timbered in last few years but still significant hardwoods and evergreens 19 • A pond fed stream flaws under proposed Nine Gates mean road entrance and drains to 20 Meadow Branch 21 • Pritchards Mill Creek stops just short of the north eastern site boundary line 22 • The beginning of intermittent stream that drains into Wilkinson Creek is located at southern 23 portion of the tract 24 25 Proposed Site Conditions 26 Roads: 27 • Access to subdivision from Jones Ferry Road (SR 1942) 28 • Four public roads to be constructed to NCDOT standards 29 • Nine Gates Raad meets NCDOT collector road standards-as requested by stafF 30 • The proposed 50-foot right-of--way shown on Sheet 2 between Tats 32 and 33 and noted as 3 ~ "reserved far possible future dedication" must be formally dedicated to the County as part of ~2 the Final Plat approval process. 33 • If the lazge tract of property currently owned by Elinor Irvin (TM7.11$..25), and located 34 east of The Woodlands subdivision is conveyed to a land conservancy organization, the 35 County will not require the area in the reserved 50-foot right-of way, to be used far future 36 connectivity. 37 Open Space: 38 • 16.199 Acres; l5% of 10$-acre tract 39 Water-Sewer: 40 • All 41 lots will have individual wells and septic systems 41 • Orange County Environmental Health Department has located suitable septic sites for all lots 42 -" 43 Agency Comments 44 Requests for agency review were sent to: Chatham County Planning Director, NCDOT, Erosion 45 Control, County Engineer, Recreation and Pazks, Orange County Schools, Soil and Water 46 Conservation, County Attorney, and the Fire Mazshall. 5 1 Chatham County Planning Director comments: Orange County approval sufficient for entire ? tract including Chatham County portions. A Mylaz copy of the approved plat must be filed 3 with the Chatham County Register of Deeds and a paper copy submitted to Planning 4 Department for their records. 5 • NCDOT comments (attached) 6 • Emergency Management comments from concept plan resubmitted for preliminary plat ~ (attached) ~ Develo ment Process Schedule and Action: 10 • First Action: 11 The Planning Board approved the conventional concept plan for Nine Gates (now The 12 Woodlands) on January 5, 2000 with the following conditions: 13 1. All roads shall be public and proposed to be built to NCDOT standazds with additional 14 five (5) foot utility easements on each side. Sight distance triangles (10' x 70') to be 15 shown for each street. The right-of-way at intersections shall be improved to NCDOT 16 standards. 1 ~ 2. The right-of--way of Nine Gates Road shall extend to the eastern, external property -line of is the subdivision in the proximity of lots 37 and 38. A conveyance of a 50-foot right of 19 way, with 20' construction easements an each side, from the proposed location of Nine zo Gates Road to the eastern property line is acceptable in-lieu-of construction. A 30' Type 21 A buffer shall extend along all portions of Nine Gates Road and along the street extended 22 to the eastern property line. . 23 3. If a sign is anticipated, reserve a sign easement on lot number 1 at entrance to 24 subdivision. zs 4. Each lot shall contain an adequate area for septic disposal and a repair azea as approved 26 by the Orange County Division of Environmental Health. 27 5. Indicate on preliminary plat azeas for on-site infiltration of storm water that demonstrates 28 compliance with Article 6.23.3a of the Orange County Zoning Ordinance. z9 6. Driveway access points to be a minimum of 75 feet from the intersection of street right- 30 of-ways. 31 7. The Common Area tract to be held in homeowner's association in perpetuity and cannot 32 be subdivided or recombined with adjacent lots. 33 8. Either dedicate all of the land adjacent to Nine Gates Road to the NCDOT or place the 34 Land in the Homeowner's Association as open space. . 35 9. Submit verification that the requirements of NCGS Chapter 70 Article 3 Unmarked 36 Human Burial and Human Skeletal Remains Protection Act have been met or will be met. 37 • Second Action: 38 • Planning Board consideration of the Preliminary Plat, on May 4, 2000, resulted in a 39 tie vote (4-4). - 4u • Planning Board discussion focused on the requirements for, and impact of, a Jones a 1 Ferry Road turning lane. Planning Staff has recommended the need for a left turn 42 lane. 43 • The Application is forwarded to the Board~of County Commissioners with the ~ Planning Board minutes, and the Planning Staff recommendations and resolution 45 ~ for approval 46 • Third Action: 47 Board of County Commissioners consideration of Preliminary Plat 4$ 1.The Boazd shall consider the application within a reasonable amount of tune. 56 1 2.During deliberations and consideration of the application the Board may defer 2 consideration at any point to pursue additional analysis and review. 3 3.If the Preliminary Plat is approved by the County Commissioners the applicant shall have 4 one (1) year to prepaze and file a Final Plat or to request aone-year extension from the S Planning Director. G 7 FINANCIAL IMPACT: Fiscal Impact Analysis (attached) s 9 RECOMMENDATION: Planning Staff to Plannin Staff 11 Approval in accordance with the attached resolution. 12 Plannin Board 13 Tie vote: application forwarded. to County Commissioners with Planning Board 14 minutes, only. 15 Administration 16 Approval in accordance with the attached resolution. 17 (includes Reoslution B.S. Requirement for a left turn lane on Jones Ferry Road.) 1$ ' 19 Preston asked haw the neighbors became satisfied with the construction of the turn lane, because 20 some of them were upset before. 21 22 Kim Henry, the developer for The Woodlands, said that the primary resident that was affected by 23 the turn lane was Mr. Delos O'Daniel. His pasture would have been encroached upon by 24 NCDOT's original specifications. Ms. Henry met with Mike Venable, who was District 25 Engineer of NCDOT at the time, and he agreed to a narrower shoulder and ditch width. Mr. 26 O'Daniel was satisfied with the adjustment. All of the other neighbors are also satisfied with 27 this. 28 29 MOTION: Katz moved to accept the staff s recommendation for the 3o Preliminary Plan of The Woodlands including the left turn lane on 31 Jones Ferry Road because both parties have agreed to its 32 construction. Seconded by Gooding-Ray. 33 34 Strayharn verified that Mr. O'Daniels came to the Board of County Commissioners' meeting and 35 that there was agreement to the left tum lane. 36 37 VOTE: Unanimous 38 39 - - (2) Sunrise Springs 40 (Chapel Hill Township - $ Lots) 41 42 Eddie Kirk made the presentation. 43 44 PURPOSE: Consideration of the Preliminazy Plan for Sunrise Springs Subdivision: 4S 46 BACKGROUND: 47 Re uest - Prelimina Plan 4$ Applicant: Dr. Wally Diehl O~~TGE COUNTY PLANNLYG & L~TSPECTIGNS D~~A~tTl`~NT POST OFFICE. BOX 8181 - 306-F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 ~e~~ M ~~ O ~4 - v ~ EROSION CONTROL DIVISION Carrbom/Chapel Hill 968-x501 Durham 688-7331 Hillsborough 732-8181 Mebane 227-2031 Telephone Exaensiou 2586 FAX 919-644-3002 Memorandum TO: Craig Benedict, Planning Director FRAM: Warren Faircloth, Erosion Control Supervisor SUBJECT: Woodlands Subdivision DATE: June 14, 2000 On Tuesday afternoon, June 13, 2000, Tina Moon and I met with Lynn Cox to discuss her concerns about the impact of construction and runoff on her property. The main concern is- runoff through her two lots. The site plan proposes to discharge runoff from part of the roads and lots into an existing drainageway through Ms. Cox's woods and pasture. The concern is flooding the pasture and causing wet ground. Based on the information in the site plan and our inspection this is an appropriate location to discharge the runoff since it is the natural path for runoff from the existing topography. The plan incorporates measures to limit the increase in ,runoff (large lots, impervious surface- limits, and grass channels); however, development will still increase the rate and volume of runoff. It appears that care =-and supervision will. be necessary during construction to ensures that runoff does follow this natural path due to irregularities in the ground below the point-of discharge. Another concert is-the effect of runoff on the undeveloped lot of Ms. Cox, particularly the septic field. The site and road plans indicates that runoff will be diverted around this lot using the road ditches°r Again, care will be required during construction. There are other`issues related to construction that are beyond the Department's jurisdiction, saach as maintaining access to Ms. Cox's property during construction, ensuring electricity and telephone services are not interrupted by construction, and providing a driveway pipe at the pasture gate. It would be advisable for the developer to initiate contact with Ms . Cox to discuss these issues, particularly the ones that the Department has no jurisdiction over. ~ ~ L~-~U Gam' X57 6-14-00 ORANGE COUNTY PLANNING & L~TSPECTIONS DEPARTMENT P05T OFFICE BOX Sl$1 306-F REVERE ROAD HILLSBOROI7GH, NORTH CAROLINA 2727$ ~~wnt~ a e. d~ '+. u EROSION CONTROL DMSION Carrporo/Chapel Hill 968501 burham 688-7331 Hillsborough 732-81$1 Mebane 227-2031 Telephone Extension 2586 FAX 919-644-3002 Memorandum TO: Craig Benedict, Planning Director FROM: warren Faircloth, Erosion Control Supervisor SVHJECT: Woodlands Subdivision Hydrologic & Hydraulic Engineering Report DATE: August 1, 2000 The report answers questions about the culvert under Nine Gates Road but does not address other questions about increased flow through the Cox property. The illustration in the report demonstrates the benefits of using a 54" culvert instead of the 24" pipe to handle the existing flow without overtopping the road. This is a NC DOT requirement. - The report just states the increase in the rate of runoff from the 8 lots through the Cox property. It does not address the effects, if any, this increase will have on the existing wet soil or on the diversion that conveys runoff in a path different than that shown on the topographic map. (The engineer would not have been aware of this man made diversion unless he went onto the Cox property.) It appears that the increased runoff through the Cox woods and pasture will not will not have significant impact since the flow follows the existing, natural flow path. The path is not developable because of the poor soil and any structures would have to be built outside of the~drainageway. The suggestion has been made to retain the temporary sediment basin as a permanent stormwater detention basin above the Cox property. A basin would have to be properly sized, particularly the outlet, to provide any benefits. Given the large lots, retention of vegetation, limits on impervious surface, and use of grass swales the need for a basin is questionable. If provided, the homeowners association should maintain the basin. a /~57 6-14-00