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HomeMy WebLinkAboutAgenda - 10-21-2008 - 6bORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 21, 2008 Action Agenda Item No. (o - b SUBJECT: Diane Chappell -Appeal of Minor Subdivision Application DEPARTMENT: Planning & Inspections PUBLIC HEARING: (Y/N) No ATTACHMENTS: 1. Subdivision Proposal Map 2. Timeline of Events 3. Correspondence 4. Subdivision Application 5. Map Showing Options & Chappell Request INFORMATION CONTACT: Robert P. Davis, Planning Supervisor 245.2580 PURPOSE: To hear and take action on an appeal of a subdivision application for the Yeargan Estate minor subdivision that was approved by the Planning Department subject to compliance with a provision contained within the County Subdivision Regulations that is objectionable to the applicant. BACKGROUND: Property Location: 3800 Block of Whitfield Road in the Chapel Hill Township. The tract, on its northern boundary, abuts Duke Forest. (see attached map) Acreage: 19.62 ± Acres Proposed Lots: 2 Zoning: Rural Buffer (Jordan Lake Unprotected Watershed) School System: Chapel Hill-Carrboro City Schools PIN: 9881-90-8749 Applicant Diane Chappell has appealed the Planning Department's approval of the Yeargan minor subdivision to the Board of County Commissioners (hereafter the "Board"). The Applicant objects to a condition of the Planning Department that limits direct driveway access to an arterial street. The Applicant is requesting that the Board allow two separate access points into the proposed subdivision from Whitfield Road instead of the single access required by-the Planning Department. This appeal is made following a February 7, 2008 Planning Department decision to reaffirm the minor subdivision approval with the restricted access condition as required by the County's Subdivision Regulations. The Subdivision Regulations provide an appeal process regarding subdivision decisions of the Planning Department. The relevant Subdivision Regulation states as follows: 2 Section III-C-5 Appeal Procedures The decision of the Planning Department regarding a minor subdivision application may be appealed to the Board of County Commissioners. The Board of County Commissioners shall have final approval authority, and, where applicable, all Final Plats shall contain information and/or conditions approved by the Commissioners. The Board of County Commissioners in all such appeals shall make findings of fact in support of its decision. The subdivider shall be notified, in writing, of the Commissioner's decision. Therefore, pursuant to Section III-C-5 of the County's Subdivision Regulations, the Board is required to review and take action on the Yeargan minor subdivision application appeal. History: Ms. Chappell and her two brothers are the three heirs of the Yeargan Estate, which includes a 19.62± acres tract of land on Whitfield Road adjoining Duke Forest. Ms. Chappell's personal residence is west of, and adjacent to, the Yeargan Estate property. The lot upon which Ms. Chappell's personal residence is located adjoins the subject lot that Ms. Chappell would receive as her portion of the estate settlement on its eastern boundary (Refer to Attachments 1 and 5). During the past 10+ months, staff has had numerous conversations with parties interested in the Yeargan Estate including: Ms. Chappell, her spouse and her attorney; Ms. Chappell's two brothers and their attorney; Mr. Danny Jones and his attorney; Ms. Chappell's and Mr. Jones' surveyor; and an adjacent landowner. (See attachment 2, Timeline of Events). On December 21, 2007 after review of the subdivision application by the County's Development Advisory Committee ("DAC"), the Planning Department approved Ms. Chappell's minor subdivision application with the condition that a 40-foot joint driveway be created for the new lot and that the access be shared with her existing home site to the west (See "Option 1" below). A proposed four (4) lot subdivision is planned for the remainder 14.69-acre tract, and this subdivision would be allowed an access point for a private road. Ms. Chappell was notified by telephone and told that a formal letter with conditions would be prepared after the Christmas holidays; a revised letter of approval was sent on January 9, 2008. On January 25, 2008, Ms. Chappell requested that the Planning Department reconsider the requirement of the shared driveway. Ms. Chappell asked that the Planning Department and DAC take into consideration that an abandoned farm road exists on the portion of the property that she was to receive and, therefore, two access points should be allowed for her lots due to the longtime existence of the farm road. On February 7, 2008 the Planning Department and DAC again reviewed the case and again required that the entire subdivision access be restricted to one new entry point on Whitfield Road. The Planning staff and DAC reiterated that a second entry point for the 4-lot, 14.69-acre subdivision could be approved only if no additional access to Whitfield Road was created. In the Planning Department letter to the Applicant, dated February 11, 2008, staff offered the 3 following four options related to access for the proposed subdivision: Option 1: Relocate the proposed joint driveway to the common boundary line of Tracts 1 and 2 and record a joint driveway agreement. Ms. Chappell may create a joint driveway at the centerline of the new lot and the lot upon which her residence is located, and then close her current residence's driveway with this option. This is probably the least attractive of the options due to clearing of woods and re-landscaping of the current driveway location that would be required. Option 2: Leave the existing driveway within Lot 29B intact and enlarge it to create a 50-ft. easement that extends into Tract 2, ending in a cul-de-sac or T-turnaround. This option will require a road maintenance agreement. Access will be provided to Ms. Chappell's new lot via an existing driveway that serves Ms. Chappell's current residence with this option. This option would require the creation of a 50-foot right-of-way, with a road maintenance agreement, but there would be no requirement to construct the driveway connection to the new lot until the issuance of a building permit for the new lot. The number of access points to Whitfield Road would not change with this option, and therefore the subdivision regulations would be met. Option 3: Obtain access from Tract 1 when it is developed and provide a no vehicular access strip along Tract 2 at Whitfield Road. This will require Tract 2 to become party to the road maintenance agreement created for the access provided for the development of Tract 1. Ms. Chappell's lot is to use an internal access private street that will be built for the remainder of this 19.62± acre tract with this option. Option 4: Appeal the Planning Department's decision to the Board of County Commissioners in accordance with Section III-C-S of the Subdivision Regulations and request that the driveway restriction of the regulations be waived for this case. After receipt of the February 11th letter, Ms. Chappell decided to file an appeal to the Board. Ms. Chappell filed her appeal via email directly to the individual Board members and the Clerk to the Board on February 21, 2008. The email was forwarded to the Planning Staff on the 22"d of February (See attachment 3). The Planning Department decision on this subdivision application, as recommended by DAC, was based on the fact that the minor subdivision application met all of the requirements for approval except for Subdivision Regulations Section IV-B-3-c-8 Access Restrictions as set forth below: Where a subdivision adjoins a heavily traveled street classified as arterial or collector in the Orange County Comprehensive Plan, in the interest of highway safety, the subdivider shall be required to provide a common driveway, a marginal access street parallel to the arterial or collector, or reverse frontage on a smaller street when the only access to the subdivision will be from an arterial or collector street. Where access is available to any internal subdivision street, whether by reverse frontage of other lot arrangement, private driveways shall not have access to the arterial or collector. It is the intent of this section to minimize the number of points of egress and regress to main Roads within Orange County. 4 BOCC Options: 1) Hear the appeal, make findings of fact listed below, and deny the minor subdivision application. 2) Hear the appeal, make findings of fact listed below, and approve the minor subdivision application in accordance with one of the items 4-6 listed below in the RECOMMENDATION. FINANCIAL IMPACT: No public financial impact is associated with this appeal. PLANNING DEPARTMENT RECOMMENDED BOARD FINDINGS OF FACT: 1) That the proposed minor subdivision will have direct access to Whitfield Road. 2) That Whitfield Road is a heavily traveled street and is classified as a minor arterial in the Orange County Comprehensive Plan. 3) That Subdivision Regulations Section IV-B-3-c-8, requires in the interest of highway safety, that anyone who desires to subdivide property on a minor arterial, such at Whitfield Road, is required to provide a common driveway, a marginal access street parallel to the arterial or collector, or reverse frontage on a smaller street when the only access to the subdivision will be from an arterial or collector street. 4) That the Yeargan Estate minor subdivision, as submitted by the Applicant, does comply with the County's Subdivision Regulations with the exception of Section IV-B-3-c-8 because the application does not minimize the number of points of ingress and egress to main roads within Orange County. 5) That, as a condition of approval, the Yeargan Estate minor subdivision must either comply with Section IV-B-3-c-8 of the Subdivision Regulations, or the application should be denied. RECOMMENDATION(S): The Planning Director recommends that: 1) the Board hear Ms. Chappell's appeal, AND, 2) the Board adopt the Planning Department Recommended Findings of Fact listed above, AND, 3) the Board deny the application, OR, The Board may approve any one of the following: 4) the Board approve the Yeargan Estate minor subdivision application with Driveway Option 1, subject to all those conditions included in the attached January 9, 2008 letter of approval from the Planning staff, OR; 5 5) the Board approve the Yeargan Estate minor subdivision application with Driveway Option 2, subject to all those conditions included in the attached January 9, 2008 letter of approval from the Planning Department, OR; 6) the Board approve the Yeargan Estate minor subdivision application with Driveway Option 3, subject to all those conditions included in the attached January 9, 2008 letter of approval from the Planning Department. This access point was approved contingent on the two-lot subdivision being recorded in accordance with the January 9, 2008 letter of approval from the Planning staff. Approval of any of the above options will be in accordance with the Subdivision Regulations. ~~~ ~~~~ ~~ _~ ~~~~~ ~~ ~~~~ ~~ ~~a~~~ ~gg p y~~ ~g~kR~~ - a ~ ~~~ ~~ S ~ 2 ~~ ~~ti ~~ f 6! ~~- f ~ mP.rr~ ~~ r r Z ~~~~ ~~~~ . c ~ S~ Q ~~ x q ~~ O N$ ~ ~ s v ~~~~ ~~~ ~ ~ ~ ~~ ~~ ~ ~~ ffi ~ ~~~g O ~ ~~ . r..{ . ~ ~~ • ~ '`4~ .~ I ~~ ~~~ h ~z ® ~ ~ ,t~~ r-a ~ ~_~ cy ~ ~ ~ i ~~ ~~ !..'..,~ ~V 'ems ~ ~~ ~~ CC3 ,~ ~~ y~ lA N~ V g ~~ R` ~ ~~ ~~ ~~ ~~ u 5 "° .. ~ ~~~~~~ ~nsgYe~~~~ ~ ~~ ~ WW 3P ~~R~ ~ I boo ~ ~ ~~a~~ ~~ ~~ ~J~-3 ~ ~~ ~~ ~~ ~~ ~~~~ ~~~ ~: ~g ~~~~~~~~ 9 O 7 ~~ E ~~ ~9 i i ~~~~ ! ~~ r 0 d o^ ~~ ~°~ r ~, m ~ ~ ~a N r 0 _~ 1 ~~ .~ ~` ~~~ 1 ~ ~ W~~.~~ U' ~O®ao ~~i ~~~~ W ~~~ ~~ .~~~ a ~~ g a °; .~ 0 I~~ I z h c i ~~~~~~0 TIMELINE 4F EVENTS JUANITA YEARGAN HEIRS (Diane Chappell and siblings) MNR07-0039 CHAPEL HILL TOWNSHIP • TAX MAP 17 -LOT 29 PIN# 9881-90-8749 N1S WHITFIELD ROAD {SR 1731) December 7, 2007 Received minor subdivision final plat application package from Ms. Chappell with special reques# on driveway December 20, 2007 Development Advisory Committee (DAC) reviewed the application. December 21,2007 Planning Department approved subdivision with conditions. Notification given to Ms. Chappell. Informed Ms. Chappell that a detailed letter would be sent after the holidays. January 9, 2008 A detailed letter of approval, with conditions, was sent to Ms. Chappell (emailed). January 28, 2008 Received second request for driveway reconsideration from Ms. Chappell February 7, 2008 Planning Department reconsidered driveway request. February 11, 2008 Letter sent to Ms. Chappell regarding planning staff decision on driveway. Planning Department offered four (4) available options. February 22, 2008 Received request for appeal via email from Craig Benedict after the request was made to County Commissioners individually March 12, 2008 Danny Jones filed Crooked Creek Minor Subdivision on the portion of land that Ms. Chappell's brothers propose to sell March 28, 2008 The part of estate to be sold to Danny Jones minor subdivision was approved by Planning Department contingent on Ms. Chappell recording her final plat to subdivide the tract into two parcels. May 23, 2008 Meeting with Mike Parker, appellant's attorney, Brian Ferrell, Associate County Attorney, Jane Garrett, Minor Subdivision Administrator and Robert P. Davis, Division Supervisor held. Parker was to notify Ferrell on appellant's decision to continue appeal or not. August 6,2008 Attorney for Ms. Chappell notfies County Attorney's office to proceed with hear appeal to the BOCC. October 21, 2008 Case to be presented to the BOCC. ~~N-ach,ry,e~~t 3 0 Robert Davis From: Craig Benedict Sent: Friday, February 22, 2008 3:46 PM To: Robert Davis Cc: Jars Garrett $ubjeet: FW: Application Appeal -Minor Sub Division -Whitfield Road please report...thanks From: barryj@earthlink.net [mailto:barryj@earthlink.net] Sent: Friday, February 22, 2008 9:55 AM To: DlaneChappell@aol.com; Valerie Foushee; mcarey5@nc.rr.com; gordonam@mindspring.wm; Mikeneisonnc@aol.com Ce: Laura Blackmon; Craig Benedict Subject: Re: Application Appeal -Minor Sub Division - Whitfield Road Dear Ms. Chappell, Your request has been forwarded to staff for review and commetrt. Thank you for sharing your concerns. Alness has swept through the ranks of county staff, which may delay some work, but we trust you will receive a timely response. Barry Jacobs ---Original Message- From: DianeChappell@aol.com Sent: Feb 21, 20136 9:26 PM 70: barryj~earthlink.net, vfoushee@ca.orar>ge.naus, mcarey5~ne.rc.com, gordonam@mindspring.com. Mikenetsonnc@aal.com Subject: Appiic~tion Appeal -Minor Sub Division -Whitfield Road • Diane Yeargan Chappell 3804 Whitfield Road Chapel Hill NC 27S 14 February 21, 2008 Mr. Barry Jacobs, Chair Ms. Valerie P. Foushee, Vice Chair Mr. Moses Carey Jr., Commissioner Ms. Alice M. Gordon, Commissioner Mr. Mike Nelson, Commissioner I, Orange County Board of Commissioners Ref: Property of Juanita Yeargan Heirs Minor Subdivision Proposal MNRfl7-0039 Chapel Hill Township- Tax Map 17 Lot 29 Dear Mr. Jacobs, Ms. Foushee, Mr. Carey, Ms. Gordon, and Mr. Nelson 03/2S/2008 Page 2 of 3 I respectfully request that you review the decision made by the Orange County Planning Board concerning the above mentioned minor subdivision and reverse their ruling concerning my direct driveway access to Whitfield Road, Chapel Hill, NC. This property was purchased by my Grandparents in 1903 and has been in my immediate family since that time. I personally have lived on this family land for 34 years, Lot 29B. I am in the process of subdividing Lot 29, into 2 tracts of land. Tract 2, which is adjacent to the acreage I live on, will be approximately a 4 acre lot, owned by me, and Tract 1 will be approximately a 15 acre lot, owned by my two brothers, C. Douglas and Donnie W. Yeazgan. Both my existing Lot 29B and my proposed Tract 2, already have separate, individual, well established direct driveway connections to Whitfield Road. I am asking that The Orange County Planning Board. allow me to keep the two current direct driveway connections, as they currently exist, to Whitfield Road on Lot-29B and Tract 2, each providing access for only one building lot, and that they also allow one additional outlet to Whitfield Road be constructed for the proposed Tract 1, 15 acres. That would mean adding just one more driveway to an overall 24 acre parcel which has 728 feet of road frontage. These 3 outlets would be well spaced apart with approximately 200 feet separating each of them and all would have excellent sight distance, as we currently have on the original 2 drives. The Planning Board has denied my request, stating that only two outlets will be approved in total for all three parcels, Lot 29B, Tract 2, and Tract 1. This means I will have to disrupt approximately 200 feet of my existing driveway and construct a new joint drive, removing numerous large trees and avoiding my existing well and water lines, doing this in order to utilize one of the allowed outlets for Tract 1. By allowing the construction of the third additional direct outlet on Tract 1, no trees would have to be removed. Other options that the Planning Board has suggested, such as a driveway easement across the total width of my existing Lot 29B, to Tract 2, ending with the construction of a turnaround, would again require removing numerous large trees. I ask that you review the decision made by the Orange County Planning Board and reverse their decision by aIIowing me to keep the existing 2 driveway connections for Lot 29B and Tract 2, and add an additional third connection for Tract 1. Please see attachment copy of my last correspondence from the Orange County Planning Department. Thank you in advance for your consideration in this matter which is so critical to me. I look forward to hearing from you and your decision. I can be reached at the above mailing address, or at dianechappell@aol.com. (D} 65I-5454 or (H) 408-0904 Regards, Diane Yeargan Chappell 03/25/2008 i~ ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director •,. N Current Planning d` ` p''•. 306E Revere Road {918) 245 2ST5 ~ ~ P O Box 8181 (819) 644 3002 {FAX) Hillsborough, www.co.orange.nc.us •r, ~.• North Caroitna, 27278 ~fi Ca=+~ February 11, 2008 Dime Y. Chappell 3804 W.hitfieid Road Chapel Hill, NC 27514 Re: Property of Juanita Yeargan He'as Minor Subdivision Proposal MNRfl7-0039 Chapel Hi11 Township -Tax Map 17 Lot 29 Dear Mrs. Chappell: This letter is to inform you that the Orange County Planning Department an February 7, 2008 reviewed your second reques# dated January 28, 2008 for the above referenced proposal. The request is to allow the existing driveways boated on Trail 2 and Lot 298, ba grandfathered In, remaining as separat®, direct outlets onto Whitfield Road, and allow for the addftion of a new, separate outlet onto Whitfield Road from Tract 1. Section IV-B-3-rr8 "Acxess 'Restrictions" of the Orange County Subdivision Rsgulations states that where a subdivision adjoins a heavily traveled 'road Massitied as arterial or collector in the Orange County Comprehensive Plan, in the interest of highway safety, the subdivider shalt be required to provide a common driveway. The intent is to minimize the number of access points to main roads within Orange County. Whitfield Road is classified as a minor arterial. Thus, a joint drnreway is required as access for #wo lots onto Whitfield Road. In review of saki request and our revisit of the Concept Pian it was determined that there are four (4} options ava~able to you as follows: 1. Rebcate the proposed joint drhreway to the common boundary line of Tracks 1 and 2 and record a joint driveway agreement. 2. Leave the existing driveway within Lot 29B Intact and encompass it to create a 50-ft. easement #hat extends into Tract 2, ending in a cul de sac or Ytumaround. Thi$ option w~i require a road mafitenance agreement. 3. Obtain access from Tract 1 when if is developed and provide a no vehicular aoeess strip along Tract 2 at Whitfield Road. This wail require Tract 2 to become party to the road maintenance agreement created for the access provided for the development of Tract 1. 4. Appeal the Department's decision to the Orange County Board of Commissioners (BOCC}. BY doing so, the BOCC can either reverse our decision or impose addfitional conditions. Should you have questions or comments, you may ~cantact me at 245-2581 or Robert Davis at 245-2580 regarding the details if you so desire. Cordially, ,lane A. Game Planner C:~conceptplchappe~ 41~11.08~ l I ORANGE COUNTY PLANNING 8~ INSPECTIONS DEPARTMENT Craig N. Benedict, AtCP, Director o.n~t p Cunent Planning ~.,•` ®°°+! 306E Revere Road (918} 245-2575 u + ~ P O Box 8181 (918} 644-3002 (FAQ Hillsborough, www.co.orange.nc.us .r, ,.• North Carolina:27278 ~t8 t~~9~ January 9, 2008 REVISED LETTER -REVISIONS IN RED UNDER SECTION VIII Diane Y. Chappell 3804 Whitfield Road Chapel Hill, NC 27514 Re: Property of Juanita Yeargan Heirs Minor Subdivision Proposal MNRO7-0039 Chapel Hili Township -Tax Map 17 Lot 29 Dear Mrs. Chappell: The Orange County Planning Department on December 20, 2007 approved with conditions the Final Piat for the above referenced Minor Subdivision you submitted. Approval is granted for one (1}year in which to submit to the Planning Department for endorsement a reproducible Mylar original of the Final Plat as well as all other materials, which satisfy the conditions of approval. Thus, the deadline in which to complete the Final Plat application is December 20, 2008. Listed below are the requirements, which must be met in order to receive approval of the Final Plat and have it, recorded. After the Plat €s recorded, ownership may be transferred and building permits may be obtained if so des€red. 1. Parkland Payment Generally, the amount requ€red for a subdivision is determined per lot proposed in the subdivision. However, the amount required for this proposal is $455.00 far Tract 2 only, excluding the residual acreage. This exemption is granted due to the residual acreage being classified under the "farm use value taxation". Thus, the fee is $455.00. II. Erosion Control and Land Disturbance Permit Please be advised that this approval does not exempt you from the requirements of the Orange County SoiE Erosion & Sedimentation Control Ordinance. If there are plans to conduct grading or other land clearing activity that will disturb more than 10,000 square feet, a land disturbance permit (grading permit} may be required. Consult our website to ensure that the proposed activity is allowed. For information on line, go to htta://www.ca.oranae.nc.us/, and then select "Departments & Services," then "Erasion Control " Further questions should be directed to Ren Ivins, the Erosion Control Division Head, at 919-245-2586. Vodations of the Orange County Soil Erosion & Sedimentation Control Ordinance are subject to penalties of up to $5000Iday, so please contact Erosion Control with any questions. ~a Diane Y. Chappell January 9, 2008 Page 2 III. Landscape Plan Label two copies of the Final Piat {in addition to the revised copies), as "Landscape Plan", and provide the following information on the two (2) copies: 1. Indicate areas, which are wooded. 2. Describe the types of trees. For example: hardwood or pine forest, oak, cedar, maple, etc. 3..Label the area within the building setbacks as "tree pro#ection area". (fhe building. setback is 40' from the right-of-way for the front yard, and 20' from the side and rear property lines.) 4. Provide the following note on the Landscape Pian, owner endorsed and dated as well: "Existing frees will be preserved to meet fhe landscape requirements of Section IY-B-8-d-1 of the Orange Couirfy Subdivision Regulations." Upon submittal of the Landscape Plan the Planning Department will conduct a site inspection of the property to determine if there is enough existing vegetation to meet landscape requirements. If there is not enough existing vegetation, the planting of additional trees may be required. In that case, you will be notified to resubmit a Landscape Plan depicting the location, number, and types of trees to be planted. Subsequently, installation of the required plantings must take place and be approved by the Planning Department prior to Final Plat approval. IV. Joint Driveway A joint driveway is required between the existing, adjoining (to the west) lot owned by you labeled as Chapel Hill Township Tax Map 17 Lot 29B and Tract 2 for access onto Whitfield Road {SR 1731). The conditions of the joint driveway are as follows: A. The joint driveway must be constructed from Whitfield to 40-ft. into both lots, and B. Tice gravel drive within the existing lot must be physically abandoned, reseeded, and relocated to the area designated as the joint drive. Your surveyor must certify in writing that the existing driveway has been removed and the joint driveway has been satisfactorily installed. This certification must be dated and contain the surveyor's seal. Upon submittal of the cert~cation, the Planning Department will conduct an inspection to verify that this has been done. Ali of these items must be completed prior to Final Piat approval. V. Joint Driveway Agreement An attorney of your choice must be prepare a joint driveway agreement that states access for the aforementioned lots is provided as well as restricted to the designated driveway. This document must be submitted to the Planning Department at which time it will be forwarded to the County Attorney for review and approval. The minimum review period on all documents is four weeks from the date the County Attorney receives the materials from the Planning Department. V!. School Certification Pursuant to the approval of the Schools Adequate Facilities Ordinance, where lots have been approved for recordation by either the Orange County School System or the Chapel Hi11-Canboro School System a statement must be endorsed by a designated representative of the respective school system. Please contact the Chapel Hill-Carrboro School System and submit documentation to the Planning Department that a certificate has been issued for Tracts 1 and 2 by that jurisdiction. 13 Diane Y. Chappell January 9, 2008 Page 3 VII. Health Department Aagroval A copy of the Final Plat and Mylar must be signed an Environmental Health Specialist with the Orange County Environmental Health Division, certifying that there is a valid improvement permit for. each proposed lot. The owner or designee must fife an application with the Orange County Division of Environmental Health (245-2360). Vlli. Additions to be included on the Final Piat. {Done by the surveyor) 1. Prov~le a notation that states access for the existing lot and Tract 2 is restricted to the joint driveway. 2. Remove the existing driveway as it is to be physically-removed from the property prior to approval. 3. Provide and label a Type A (30 it.) Land Use Buffer along Tracts 1 and 2 at Whitfield Road, outside of the joint driveway location. It is measured from the newly dedicated right-of-way. 4. Assure that the stream buffer is a minimum of 50-ft. from the edge of Allen's Branch. Contact Ren Ivins regarding this. Additionally, remove the note regarding Erosion Control. 5. Provide a notation that states, `The open burning of trees, limbs, stumps, and construction debris on site is prohibited." 6. Provide the Land Use Buffer notation on the Ptat. 7. Provide and label a 10-ft. no vehicular access strip along Tracts 1 and 2 at Whttfeld Road outside, of the joint driveway location. It is measured from the newly dedicated right-~of-way. 8. Provide the setbacks. They are 40-ft. front and 20-ft. sides and rear. 9. Provide the appropriate certificates. 10. Provide Final Piat in the title block. SUBMIT FNE (5) COPIES OF THE REVISED FINAL PLAT AS WELL AS THE MYLAR TO THE PLANNING DEPARTMENT. After the above requirements are met, the Planning Department will approve the Final Piat. The Fnal Plat and Joint Driveway Agreement can then be released to you for recordation. In addition, Planning Staff will prepare a document, which describes subdivision and zoning restrictions, which apply to the property such as setbacks, and landscaping. This document must also be recorded with the Plat. Should you have questions or comments, please contact me at 245-2581. Cordially, ~' Jane A. Gan-ett Planner xc: Charles R. Billings, PlB 14 l7iane Y. Chappeai _ 3804 Whitfield Road _ Chapel ITiII NC 27514 January 25, 2048 Ms. Jane Garrett Planner Orange Gounty Planning & Inspection Department P O Box 8181 Hillsborough NC 27278 .~~: = = Q Ref: Propertq of Juanita Yeargan Heirs Minor Subdivision Proposal MNlZO?-0039 Chapel Hill Township ;Tax Map 17 Lot29 Dear Ms. Garrett I am in receipt of you letter dated January 9.2008, thank you for your correspondence. Please refer to paragraph N entitled Joitrt Driveway, noting that a condition of the manor subdivision approval is that a joint driveway be constructed on the conunon property line between. property cuzrently owned bymyselt~ Chapel Hill Township Map 1?Lot 29B, and the proposed Tract 2. I respec~,ful[y ret~ngst.thax the 1Drantg~ Cvaaty P1ar:ning.Deparb~ent.reconsider this 1. Trait ~:~ias had dixect.driyey~,aocess onto: Whitfield.B,oadfor more than SO years, longer Via. ~ can remember. Ii is a well established driveway, including the. driveway. drainage pipe that runs underneath. •• . .. . 2. The drivev~rayon.my:~xistiagprppecty, lot 29B, has been in place far approximately 34 years. . 3. Thera has never been a traff.~e accident involvizig either established driveway location and both locations have excellent sight distance. • 4. By rels~catjugbvtl~dsiaeways ~o-~a t~ot~aart=paaperty~ line;:we will-l~eta.~cut.seYeral large, tt~s, within this.-".tlree.pio#ezction area": ~ No trees in the protection area would, be cut if both driveways are left xn.tact. . . 5. Tract.2 will be owned solely by me, while my existi~ property is jointly. owned' by myse~•ap~d~yhusband,R..s.~happell..It~~nt.#.o,k them-s~p~arate.:..-_':.... . . ~ . ! ( ~. .j• ~ LAS ! 5 t ~ •.. i. .. .. ... .. IS . I mquest:that the Planning Board allow the.existing driv~ays located.on Tract2 and.Lat~ 29B, be grandfatbered ini, remalndng as aepatate, direct outlets onto Whitfield Road and• allow for the addition of a new, separate..outlet Data Whitfield Road from Tract. i::. Please subnnit~my request m the Orange Cowity Plan~rung Department for the next scheduled meeting, February 7, 2008, for their recox-sideration. I appreciate your tinge in this matter as well as that of each individual mvalved on The Orange County Platuiing Department Board. Thank you. Please contact me if further information is requested. My daytime phone number is 651- 5454. ,ce,~ G~i~`~ Diane Y. Chappell Cc: Robert Davis Supervisor/Planner III i 1i3 .. APPLICATION FOR FINAL PLAT APPROVAL I~ MINOR SUBDfVISfON oRAN~e couNnr 4101 PLEASE TYPE OR PRINT (INK ONLY) ~J DATE: lv~ ' t..D ' ~~ PROPERTY OWNERISUBDIVISION NAME: , ~i~.AN t'~~ ! ~A'1Q C,4~ ~-+ IR 5 ADDRESS• ~ g ~~' i"1 ~ ~ ( 1 TELEPHONE NO.• .r7' [ . ~'" ~g ~" V 2' L1~' CONTACT/DEVELOP R: ADDRESS: AGENTICONT ADDRESS: TELEPHONE NO.: SEIMMARY INFORMATION `f Orange County Tax (~ Block Lot(s) ~~ Township ff ! l State Road Number ~ 7~~ Name ~! r Zoning District(s) Type of Road ~.,... Private Road Class ""'~~ Private Road Name Total Number of Loffi °~ School District -1 1~ Total Lot Area ! ~~ 3 Watershed (if applicable) ~ ~)= Joint Planning (if applicable} Chapel Hi9 Carrboro Utilities: Public Sewer Community System Septic Tank ~ PubNc Water Community Water Well / All final plaffi must be submitted on sheet(s) no smaller than 18"x24" or greater than 24"x 36" and must include margins of 1"-2" on the leftborder and 1"-2" on all other borders. Final Plats must also have a scale of no# less than one inch equals one hundred feet (1"=100') nor more than one inch equals twenty feet (1"=20~. ff more than one survey sheet is required each sheet shall be of the same else and numbered. Three (3) match marks shaft be provided on each. Final Plats must contain the following infonpettion: Subdivision dame (if applicable} preceded by "Final Plat of " Name of owner(s) and address State deed reference where property acquired by owner & parent PIN number Name 8~ address of subdivider (f not the 1~ ,Names of abutting subdivision(s) with Lot numbers andlor andownere Setbacks (width ~ ,stated) Approx. location of corporate limits, township boundaries, ~ county lines >/ Boundaries of stn:effi, alleys, crosswalks. and easements Date of survey and revision dates (if applicable} '" Designation of aEl streets as private, public, or pre- existing public Centerline profile of street (if required) _ floodplain boundaries and resWcted use otation Boundaries of subdivision (distance ~~(, ~"/t) '- - & bearings) Impervious surface T data for all lots in designated water - supply watersheds I~ ~ Accurate location ~ ~ Addi#onai road right _,~ Location of ail and descrip#on of ail of way dedicated on ponds, cakes, monuments, existing collector and swamps, streams, lnctudfng geodesic arterial roads (if stream buffers, and monuments within a~pplicabie) • drainage easements 2000 ft. of property " " ~ ~ Blank space~f 4 x 6 BourKlartes and areas Location of cots of far certificates, of lots, including restricted Pre~~lY ~g~-of~Y development / eprititiuous patentlat and ;// North arrow {north at ~ Lo # f i ti ~ appropriate notation ex ca on o s ng , Location of railroads / ~P) structures and overhead utility tines Y Graphic scale ~ bar ~ Name of township, ,r~ 1y Iq ~ i_ocatk~n of gra}ih (designated) corlnty & state cemeteries ax map, block, & tot numbers, Parent P{N , ~ // . _. Control corner Vicinity map V, Lots numbered .Names ~ rights-of- way width of all proposed, axis#ng, & adjoining streets and alleys with angle of departure radii, tangent arc and chord distance, central angle and chord bearings C Other submittal requirements: 1. Eight (tt) folded copies of the final plat. 2. One full size copy of an Orange County Tax Map with parcel(s) igvalved clearly marked. 3. Road maintenance agreement, easements, and documents of restricted devebpment (if requrred). 4. Camptetian of roads, securify bond, or a separate irrevocable letter of credit (if required). A certification shall be provided in a separate document to be recorded with the Final Plat The Deed 13ook and Page reference of the document shall be noted on the Final Fiat. S. Fees are due at time the ftnai plat is presented. I, the applicant, hereby certify that, to the best of my ability, the. foregoing application is complete and accurate. e. ~ APPLt_C)ANT'S StG TUR OWNER'S SIG / RE l~~ ~0 ©l ~~~ la ~ (~~r DATE DATE FEES: Amount ~~~~ ~~ Date Paid ~Z1~9~6 ~ Receipt # F''~ (' ~ `-I ~ / December b, 2007 C. Douglas Yeargan 10500 Elrod Lane charlotte, NC 28277 Ms. Jane Garrett Orange County Planning Dept. P.O. Box 8181 Hillsborough, NC 27278 Dear Ms. Garrett, *** VIA FAX and US MAIL*** FAX 919-644-3002 I, C. Douglas Yeargan, as Executor of the Juanita T. Yeargan Heirs Estate, do hereby approve of and grant authorization to Diane Yeargan Chappell for her application for a two-lot subdivision on Whitfield Road, Orange County, North Carolina. Very truly yours, C. Douglas Yesrgan ` State of North Carolina County of Mecklenburg- J I, and City, do ereby certi: day and acknowledged tl Release." ~--- t ff~{/flllttiFYlae~ ' ~ ~ a Notary Public in and for the aforesaid State that C. Douglas Yeargan personally appeared before me this ie due execution of the foregoing "Settlement Agreement and Witness my hand and official seal this the ~Tf7 day of December, 2047. ~S r My commission expires ~4~ C3O otary Public l~Iap Showing :Options, Chappell's Request & Approved Aecess Road t-4 1496.15' 439 1649'79' 137. N k f9'E ~ "e~ I NFA(9T Wile r114r Nlf St119011WON /yv SNpwq ,,~~ppW' /~'~ -66 ~~ .4. N9A6o9 9f6 Bo7f I91f9D f0 D9WlY 49M TK 061w96 'P~a~~ ' br'E ~ •~ N per,. NaWL K KINW ~ ~GW a 7 ~~~ 7' ~L AP~PO'Ml. NIIIDYm W U[ OIwbF COUYrc ALL£N'S : ~/~ ~ I "-'~~~\,y f . ' fir try ~ -'~ rleru.wo oaulaoer w arc BRANCH moo. ! '' ~,N ssx ~ 'Y tFAntmux t6alc S. ; /'-•" ~ "~.. '~. 'i, , ls~' .as. fwmefon on wmantr~ Zvi Duke Forest ~ A//f/ ~~ ~ . ~~-,-- , ~ ~-:. -~~ ~,-~`Y~, t~ ./,/~ ~, . M \ 1 5f9EMl D[f~M9i479JN AND 7K PO9p9l£ . • q~• ~i' ~~ l""~"~ ~ 199E BE W10E BY ORN4E COUHII ER06bl1 CONTRA i ~ .~ ~ ~ AND 1NC ,~ ~ SNDNN DN ,flE ~ ~ ~ ~ ~. Chappell r: ; ~.. ,..~ r., -~~^`" i Lot 1 ~ ~ New Lot I ,'/ L~pt"~.... ..... y, ~ ~ < ~ 1'NOM DWfNCE ~. ~-~ a ~ l` ~ ~` M ,'~r ~// j . ` /o-'.'.."_`~\ ~, ' CRAIG rt. DRAKE ~----~ A~tEIJA F. PRAtCE ~ ~---~ YRACr z 1 ( ; 1 _/~7.,7. .199 N2U TO C~IT~pNIE! .. ./..• ~ ~ 1. ~,.~ D10.N£ CHAPPEI.~ ~ s,ee9 ACitfli TRACT 7 ~ r ~ f'0 ~ fiUfU$ S. CHAPPEII l~ A~eRM A1W f~smaAtA[8 ROfn j ~ `` as 969+fs7f OPDID1rR91 . ~ 1 / AA 7610 +--.~ 4.4$1 ACRfS / rE~PU6l / ,~ I ~' °moafra" ' / ~ t1' Chappeil's Additional ~ ~ 14~~ Driveway Request Approved Access -Road 19.62 Acres ~.~ (Option 3) `~ • 21ots Chappell's Existing ~ ';; \ ~~ - ~ ~ ~ ` , ~" D~ Driveway (option 2} ~>,. -~ ~ ~ ~ ~~ 9~ ~ ,,,~, , ~ ~ ,.o ~ _ 4 A NDUAr M1Bl1C TOR &fD GOUNIY ~ ~ ~ ~ ~ r~u6uc w \ ~ AnrA~9m Irc~»ae~a fn ~yD ~ i ~ \ NC niv xe oR 61rt wwxrAmr sx71m THE iDR6oD91D DDawort ~, fly ~ ib T0~ . , Ipt 1Nf %NFOSE Edf~ 11KAOIf AND IN OK GVFP~ 9DCA'1~: ~ // \ ARf/, 9f PYBIJD R/W ~ \ G!4 •. _ ND1 1 , s p.s ~ m ---°""'"' ~ am xouxr9ueuc / ~ 9~ W 1ti..,` 3K CONWSSIpN IXVIRfSI 4 ~ -!"~~ SR 1731 ~~``~--_ `~--~ >,. . „~ Shared Drlve WHITFIELD ROAD ~ ~~5~~~__ u. (60' PUBLIC R/W) ~ x ~1 (Option 1) `° C'~ r"r