HomeMy WebLinkAboutAgenda - 10-05-1999 - 9fORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 5, 1999
Action Agend~
- Item No. ~_
SUBJECT: WOODGREEN SUBDIVISION PRELIMINARY PLAT
DEPARTMENT: Planning and Inspections
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):..
1) Resolution of Approval
2) Resolution of Denial
3) 2-3-99 Planning Board minutes
4) 3-16-99 Board of County Commissioners minutes
5) 8-17-99 Board of Gounty Commissioners minutes
6) Sketch of Project -Open Space
7) Calculation of Open Space
8) Sketch of Mooref+elds Landscape Screen
9) Excerpt from Subdivision Regu{ations Flexible
Development Page 61-65
10) Letter from Alexander -Owners' Attorney
11)Application
INFORMATION CONTACT:
Karen Lincoln Extension 2583
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hifl 968-4501
Durham 688-7331
Mebane (336)227-2031
PURPOSE: To consider an application for Preliminary Plat approval for Woodgreen Subdivision.
BACKGROUND:
Request Sidenham Alexander, attorney for Tri Star Brokerage and Development Company,
requests approval of the Woodgreen Subdivision Preliminary Plat.
• 25 lots proposed on 30.7 acres
• Conservation approach of flexible development
Location The proposed subdivision is located at the southern intersection of Dimmocks Mill
Road (SR 1134) and Moorefields Road (SR 1135), Cheeks Township.
Existing_Conditions
Zoning: • Agricultural Residential (AR) and
• Upper Eno. Protected Watershed (Max. impervious surface = 12%)
• Min. Lot Size = 40,000 sq. ft.
Physical Conditions: • Rocky Run flows north along the western boundary;
• Slopes less than 7.5°l° on majority of the site;
• Wooded: predominantly mature hardwoods with pines along east side;
• 4-acre open field in the central portion;
Adjacent Land Uses: Residential
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Proposed Conditions:
Open Space: • 36% open space remaining in private ownership on individual lots;
• Protects Rocky Run, the 100 Yr. flood plain and adjacent stream buffer,
Natural drainage swale across lots 1 through 7 and
Buffer along Dimmocks Mill Road and the eastern subdivision boundary.
Open Space: • 40-foot wooded buffer across the northern boundaries of Lots 7, 8 and 9
• 40-foot buffer along Moorefields Road
Access: • Off north side of Moorefields Road by
• Two new public roads: Pine Ridge Road and Cedar Ridge Road
• Publicly dedicated stubout with a 40' X 50' (temporary) turn around at the end of
Pine Ridge Road at northern property boundary.
Water and Sewer: • Individual wells for all 25 lots;
• Conventional septic systems for 18 lots;
• Innovative septic systems for 7 lots;
• Septic easements in common open space for Lots 1 and 2.
Miscellaneous: • 30-foot drainage easement along draw across Lots 12 and 11.
• Developed in four phases: Phase I, 5 lots (Lots 1 - 3, 24,25);
Phase 2, 9 lots (Lots 13 - 21); Phase 3, 6 lots (Lots 4 - 8, 23);
Phase 4, 5 lots (Lots 9 - 12, 22).
Agency Comments
Requests for agency review were sent to: NCDOT, Erosion Control, Recreation and Parks, Orange
County Schools, County Attorney and Fire Marshall. Preliminary plat addresses all comments
received.
Development Process, Schedule, and Action
Planning Board:
• First Action: Concept Plan approved December 3, 1997, (7 to 4 vote) with conditions:
please refer to attached 12/3/97 Planning Board minutes
• Second Action: Preliminary Plan approved (unanimous vote) February 3, 1999 with
provisions stated in the Resolution of Approval: please refer to the attached 2/3/99 Planning
Board minutes.
Board of County Commissioners:
• Third Action: Preliminary Plan denied March'16, 1999, (unanimous vote)
• Fourth Action: Motion to Reconsider passed August 17, 1999, (unanimous vote)
• Final Action: Board to Consider Revised Preliminary Plan.
Options:
(1) Approve the application;
(2) Approve the application subject to conditions; or
(3) Deny the application.
If approved the applicant shall have one (1) year to prepare and file a Final Plat or to request a
one-year extension from the Planning Director.
FINANCIAL IMPACT: Fiscal Impact Analysis included as an attachment.
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RECOMMENDATION(S):
Administration Recommendation: Administration recommends denial of the application
based on non-compliance with county regulations as noted in the Resolution of Denial.
In summary, the proposed project does not meet the 33% open space requirement of
Section C.1 in the Subdivision Regulations for a flexible development project. 10.22 (33%)
acres are required and only 8.89 (29%) acres are provided that meet county definition of
open space (Section IV-B-10-C.1- C.4). In addition, landscape design is inadequate and
septic system area that is located on the opposite side of the public road from where the
lots to be served are located cannot be controlled by the owners of the lots to be served by
these offsite systems.
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COLEMAN, GLEDHILL & HARGRAVE
A PROFESSIONAL CORPORATION
129 E. TRYON STREET
P. O. DRAWER 1529
HILLSBOROUGH, NORTH CAROLINA 27278
919-732-2196
FAX 919.732.7997
FROM THE DESK OF
GEOFFREY E. GLEDHILL
September 30, 1999.
VIA FACSIMILE
Mr. Craig Benedict
Orange County Planning Director
Orange County Planning Department
Post Office Box 8181
Hillsborough, North Carolina 27278
RE: Woodgreen Subdivision
Dear Craig:
Enclosed are the two resolutions for the Woodgreen
Subdivision, each containing changes which I have made and
which I recommend to you. So that you can see the changes made,
I've sent you both a clean copy and a "blacklined" copy.
Very truly yours,
GLEDHILL & HARGRAVE, P.C.
E .1Gledhill
GEG/lsg ® ~~
Enclosures
mydocuments/benedict#5.ltr
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RESOLUTION
OF
THE ORANGE COUNTY BOARD OF CONIlVIISSIONERS
TO APPROVE
WOODGREEN SUBDIVISION PRELIlVIINARY PLAT
Date October 5, 1999
Name of Subdivision Woodgreen Subdivision
Owner/Applicant Tri-Star Brokerage & Development, Inc.
Dennis Evans, Mike Barr
The Board of County Commissioners hereby approves the Preliminary Plan for Woodgreen Subdivision as
shown on the preliminary plat dated February 9, 1998, last revised December 29, 1998, as further revised
with identification of septic system type received on or about August 16, 1999, and screening diagram
received on or about Apri126, 1999, 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 Pine Ridge Road and Cedar Ridge Road. This acceptance of dedication to the general public
shall be without maintenance responsibility. These roads shall be maintained by the owner/applicant (Tri-
Star Brokerage & Development, Inc.) until such time as they are accepted for maintenance by NCDOT or
some other governmental body.
Before the Final Plat of Woodgreen Subdivision can be recorded:
A. Sewage Disposal
Except for Lots 1 and 2, all lots shall',contain adequate septic disposal and repair areas,
approved by the Orange County Division of Environmental Health. Lots 1 and 2 shall be
designated on the recorded Final plat as being of restricted development potential and by
separate instrument recorded in the Orange County Registry.
2. Septic easements for Lots 1 and 2 shall be provided to the common open space as shown on
the Preliminary Plat. Across Cedar Ridge Road, the septic easement for each lot shall
contain a 4" steel encasement for the septic line from right-of-way boundary to
right-of--way boundary.
3. All lots shall be composed of contiguous land area in accordance with Orange
County Subdivision Regulations Section N-B-S-e, and that area shall not be
divided by street right-of--way or other lots.
A. Sewage Disposal (Cont.)
4. 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. The document
disclosing that information on the tentative location of septic systems is available
from the Division of Environmental Health.
5. A document describing development restrictions to be recorded concurrently with
the Final Plat shall include disclosure that Lots 3, 4, 5, 11, 12, 15 and 16 have
received improvement permits from the Orange County Division of Environmental
Health for three bedroom septic systems using innovative design pursuant to 15A
NCAC 18A. 1969 and that those lots would not be approved without the innovative
system design.
B. Roads and Access
1. Pine Ridge Road and Cedar Ridge Road shall be constructed to NCDOT standards within a
50 foot right-of--way. Construction shall be inspected and approved by NCDOT.
OR
A letter of credit or escrow agreement or other security shall be submitted to secure
construction of Pine Ridge Road and Cedar Ridge Road to NCDOT standards. An estimate _
of the construction cost must be prepared by acertified/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. Sight triangles shall be shown at each intersection as required by NCDOT.
3. Access to all lots shall be from the internal•subdivision roads, Pine Ridge Road and
Cedar Ridge Road, exclusively. No lots shall have direct driveway access onto
Moorefields Road (SR 1135) or Dimmocks Mill Road (SR 1134).
4. A temporary tum around along proposed Pine Ridge Road at the northern property
boundary, as required by NCDOT, shall be shown on the final plat.
5. An approved street name sign shall be erected at the intersection of Pine Ridge Road and
Moorefields Road (SR 1135) and at the intersection of Cedar Ridge Road and Moorefields
Road, as required in Section IV-B-3-c-12 Street Name Signs 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.
6. The existing right-of--way sight distance at the intersection of Moorefields Road and
Dimmocks Mill Road shall be shown on the final plat. No signs maybe placed within the
existing right-of--way.
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B. Roads and Access (Cont.)
7. An erosion control plan for construction of Pine Ridge Road and Cedar Ridge
Road shall be submitted by the applicant to the Orange County Erosion Control
Division for review and approval.
8. The developer shall provide, for the benefit of Lots 1 and 2, an enroachment agreement
from NCDOT for the septic easements for Lots 1 and 2 at such time as Cedar Ridge Road is
accepted by the State into the State-maintained system.
C. Land Use Buffers and Landscaping
1. In accordance with Orange County Subdivision Regulations Section IV-B-8-b,
a landscape plan which includes the following shall be submitted: 1) The
dimensions and acreage of the parcel being subdivided; 2) the layout of the entire
project being submitted for approval; 3) locations of existing trees described
according to average size and dominant tree types; 4) designation of tree
protection areas accompanied by a note stating, "Existing trees will be preserved
to meet the landscape requirements of Section IV-B-8-d-1 of the Orange County
Subdivision Regulations."; 5) the location of berms, walls, and fences with an
indication of their buffers as required by Orange County Subdivision Regulations
labeled height and construction materials; ~ 40-foot buffers along Moorefields
Road, Dimmocks Mill Road and across the northern property boundaries of Lots
7, 8 and 9; 7) all proposed plantings sufficient to fulfill landscape and buffer
requirements labeled according to species (common name), spacing and size at -
installarion and at least two alternative species for each proposed planting
shown; 8) the name of the person responsible for plan preparation and the date
that the plan was drawn or subsequently revised. The landscape plan shall
affirmatively demonstrate that the buffer along Moorefields Road satisfies requirements for
Secondary Open Space.
2. Landscaping shall be installed or preserved as indicated on the 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 to the Home
Owners Association and to the home owners from the developer
as provided by the recorded Declaration of Covenants, Conditions and Restrictions for
Woodgreen Subdivision. Orange County, on behalf of the public, shall be made
a third party beneficiary in this declaration for purposes of enforcing, but not
requiring it to enforce, the maintenance of the buffers along Moorefields Road,
Dimmocks Mill Road and across the northern property boundaries of Lots 7, 8
.and 9 and along the eastern boundary of Lot 6. A letter of credit or escrow
agreement or other security shall be submitted to secure landscaping which letter of
credit shall remain in place until the earlier of the following two events: 1) seventy-
five percent (75%) of the lots in Woodgreen Subdivision have been sold to other
than another developer; or, 2) provided fifty percent (50%) of the lots have been
sold to other than another developer, December3 1, 2004. The financial guarantee
shall be accompanied by an estimate of the cost to purchase and install the
required landscaping prepared by a nursery operator, landscape contractor,
landscape architect, or other individual qualified to calculate the cost to
complete the required improvements based on the approved landscape plan
and who has no direct or indirect ownership interest in the project. 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.
c
C. Land Use Buffers and Landscaping (Cont.)
A declaration of covenants, approved by the county attorney and recorded in the
Orange County Registry, which contains provisions for protection of existing trees
as shown on the approved landscape plan and for the perpetual maintenance of the
buffers along Moorefields Road, Dimmocks Mill Road and across the northern property
boundaries of Lots 7, 8 and 9 and along the eastern boundary of Lot 6 shall be included in
a document describing development restrictions and requirements to be prepared by Planning
Staff and recorded concurrently with the Final Plat.
D. Drainage
1. Impervious surface data for all lots, pursuant to Article 6.23 Extra Requirements for
Watershed Protection Overlay Districts of the 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.
2. Drainage easement for lots 11 and 12, as required, shall be located following review
.and approval of the Erosion Control Plan and shall be shown on the final plat.
3. The 100-year flood plain and stream buffer for Rocky Run Creek as proposed on
the Preliminary Plat, shall be contained entirely within the area indicated on the
Preliminary Plan. 100-year flood line and buffer shall be platted as required,
depending upon vegetative cover types and percent-of--slope calculations as set
forth in Article 6.23.7 Stream Buffers of the Zoning Ordinance. -
4. Drainage culverts shall be sized and located as required by NCDOT and the
Erosion Control Officer.
E. Parkland
1. Twenty-five lots are to be created within the proposed subdivision located within
the park service area of Cheeks District. Asper the decision of the Department of
Recreation and Parks, cash in the amount of $10,920 ($455/lot) shall be paid to
Orange County as payment-in-lieu of parkland dedication.
F. Miscellaneous
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 Vicinity Map of the Subdivision Regulations.
2. The following easements shall be shown on the Final plat:
a. Drainage easement as required above in ¶ D.2.
b. Easement on Lot 1 for septic connections from Lot 2 on the east side of Cedar
Ridge Road to common open space on the west side of Cedar Ridge Road
and evidence that NCDOT will pernut encroachment across
Cedar Ridge Road right-of--way for septic connection(s) from Lots 1 and 2
to common open space and indication on the Final plat where that
encroachment will be located.
3. Minimum building setbacks, conservation areas and easements shall be stated on
the Final plat and in a document describing development restrictions. and requirements
to be prepared by Planning Staff and recorded concurrently with the Final Plat.
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F. Miscellaneous (Cont.)
4. Lots 1 and 2 shall not be sold until the State accepts Cedar Ridge Road into the
State maintained secondary road system and an encroachment agreement for
the septic systems crossing of Cedar Ridge Road is approved by the county
attorney and recorded in the Orange County Registry.
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 Dedication and Maintenance Certificate, as provided in Section V-D-6-b
Certificates of Dedication and Maintenance of the Subdivision Regulations,
signed by the landowner 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. NCDOT shall certify that Pine Ridge Road and Cedar Ridge Road have been
constructed to State standards or that construction plans have been approved.
4. A Certificate of Approval signed by Environmental Health Department.
5. A Certificate of Approval shall be signed by the Planning Department.
We, Tri-Star Brokerage & Development, Inc., Dennis Evans and Mike Bart, for and on behalf of Tri-Star
Brokerage & Development, Inc., accept the. above listed conditions of subdivision approval and acknowledge
that each must be met prior to recordation of the final plat.
Tri-Star Brokerage & Development, Inc.
By:
Dennis Evans
Mike Barr
Date
Date
Date
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10 fiT7A~~livt~~V ~ z
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
TO DENY
WOODGREEN SUBDIVISION PRELIlVIINARY PLAT
Date October 5,1999
Name of Subdivision Woodgreen Subdivision
Owner/Applicant _ Tri-Star Brokerage & Development, Inc.
Dennis Evans, Mike Barr
The Board of County Commissioners hereby denies approval of Woodgreen subdivision for twenty-five (25)
residential lots as shown on the preliminary plat, dated February 9, 1998, and last revised December 29, .1998, as
further revised with identification of septic system type received on or about August 16, 1999, and screening
diagram received on or about Apri126, 1999, based on the following.
1. The development does not provide the minimum 33% open space required in Flexible Development
since the applicant has not demonstrated that the land use buffers proposed along Moorefields Road and
along the north boundary and a portion of the east boundary "screen the view of [theJ development and
preserve the chazacter of the rural public roads" as required to satisfy criteria for Secondary Open Space..
Therefore, those buffers may not count towazd meeting the minimum open space requirement in Flexible
Development. A sketch and area calculations demonstrating this are attached to this Resolution and
made a part of it.
2. The submitted landscape plan does not provide the following items needed to meet requirements of Orange
County Subdivision Regulations Section 1V-B-8-b:
a) designation of tree protection areas accompanied by a note stating, "Existing trees will be preserved to meet
the landscape requirements of Section IV-B-8-d-1 of the Orange County Subdivision Regulations." The
only tree protection azeas shown on the plat are within the 100 year flood plain and the adjacent stream
buffer. No other tree protection areas are indicated. There is nothing on the landscape plan stating that or
showing how existing trees will be preserved.
b) the location of berms, walls, and fences with an indication of their height and construction materials: the
plat indicates a "220' area of open space to have a planted 6' high berm and the applicant(s) submitted a
separate diagram (Alternative Screening Along Moorefields Road To Be Used Instead of Berm) that
shows two 30' sections of fencing and gives lengths and depth of fencing but does not indicate height nor
fencing materials. A letter, dated June 3, 1999, from the applicant(s) attorney states that the "clients plan to
have wooden fencing along the two entrances off of Moorefields Road, and similar fencing at the comer of
Dimmocks Mill Road and running the entire length of Dimmocks Mill Road. However, none of the
proposed fencing shown contains sufficient specifications to demonstrate necessary requirements of the
landscape plan are met.
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c) where existing trees and shrubs are not sufficient to .meet requirements of Section IV-B-8, all proposed
plantings to fulfill landscape and buffer requirements labeled according to species (common name),
spacing and size at installation and at least two alternative species for each proposed planting shown: the
landscape plan indicates locations where Leyland Cypress are proposed to be planted and states that "all
planted trees must be at least 6' tall when planted." No alternative species are named.
3. Proposed septic system easement agreements for the proposed septic easements for Lots 1 and 2 across
Cedar Ridge Road cannot be approved because the North Carolina Department of Transportation will not
accept the public dedication of Cedar Ridge Road if it is subject to septic system easements. NCDOT will
only agree to grant an encroachment agreement for the septic system crossing Cedar Ridge Road when and
if it accepts the road for maintenance purposes; therefore, there is no way to assure that the owners} of Lots
1 and 2 will control the entire wastewater disposal system for those lots and the instrument of control for
that part of the system for each of those lots will not be appurtenant to and run with the land of those lots as
required by local and state rules governing such systems.
mydocuments/woodgreenres# 1 clean.doc
project. There are two well sites reserved on the property. There is also a
possibility of a tie-in with Sedgefield and Stoneridge system since there is a
main down the west side of Turkey Farm Road. He felt the community
ell was, by faz, a better solution than individual wells. ~
Se ' k asked if a hydrological analysis done of the area so that the
appli t knows what the aquifer is. Mr. Smyre responded that an
analys has not been done by Kimley-Horn & Associates. While e
aquifer i unknown, a letter has been received from the operator f the
wells in S dgefield and Stoneridge that there is sufficient Ovate m the azea.
It is also th responsibility, should the well ever dry up, of developer to
produce ano er well or to dig the original well deeper to ovide water..
IVtr. Smyre con ued that there are a total of 251 lots ' Stoneridge and
Sedgefield being erved by three wells which is app ximately 831ots per
well, while this pr 'ect is one well for 64 lots.
Strayhorn asked abo t the line size, noting th there aze water lines under
the road. Mr. Smyre esponded that he did t have that information but
the County Engineer uld be involved w' the actual water system.
Barrows asked about the ocation of s tic easements for the seven lots that
require easements. Mr. yre resp nded that the easements for lots 3 & 4
aze located across the stree on a c mer lot that is owned by the
Homeowners Association. of has anoff--site easement on lot 13 across
the open space, which is a dis ce of about 400. feet. Lots 45 and 52 have
easements on a lot that is al caned by the Homeowners Association (he
indicated the location on pla ,and lot 26 has an easement diagonally to
lot 29. These solutions/ comme dations were prepared for the applicant
by Allen Clapp, who i ith the O ge County Environmental Health
Department and ve owledgeabl in this field. He felt these were good
solutions.
IVIr. Smyre ref ed to the Resolution of pproval and asked that Item C4
be amended read:
A 50 oot buffer, as specified in the con act between Triangle
L Conservancy aqd the developer sha be provided along
rear of all lots located along the comm boundary with
e proposed Triangle Land Conservancy pr erty.
MOTION:. lkirk moved approval as recommended by the Pl ' g Staff with the
equested change in Item C4 of the Resolution. Sec ded by Katz.
VOTE: Unanimous.
(4) Woodgreen
(25 Lots -Cheeks Township)
Presentation by Karen Lincoln.
The Preliminary Plan for Woodgreen follows the conservation option of
flexible development as described in the Subdivision Regulations. The
applicant, Tri-Star, Inc., proposes to subdivide the property (30.7 acres)
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into 25 new residential lots with an average lot size of 1.03 acres (smallest
lot size of 0.92 acre). The proposal includes 11.04 acres or 36% open
space.
The property is located in Cheeks Township at the southern intersection of
Moorefields Road (SR 1135) and Dimmicks Mill Road (SR 1134) on the
east side of Rocky Run Creek as shown on the vicinity map.. The current
zoning is Agricultural Residential (AR) and Upper Eno Protected
Watershed. The maximum amount of impervious surface in new residential
development, outside of Transition Areas, within the Upper Eno Protected
Watershed is limited to twelve percent. Adjacent land uses are residential.
The total acreage of the tract is 30.7 acres. Most of the property is wooded
except fora 4-acre open field in the central portion of the site, which is also
a ridge top at the highest part of the site. In addition, a 2-acre open area is
located at the southeast comer at the intersection of Dimmocks Mill Road
and Moorefields Road. Hardwoods dominate the western two-thirds of the
forest on the west side of the ridge. Pines are predominate on lots 1 through
6 east of the ridge line.
The majority of the site slopes gently at a gradient less than 7.5%.
Approximately two-thirds of the site drains directly into rocky Run which
flows north along the western boundary. The eastern third of the site drains
to the north and eventually to Rocky Run downstream of Woodgreen. A
small area of moderate slopes (7.5% to 15%) is found in the required stream
buffer near the southwest corner of the site.
The open space will be privately owned as part of the lots and will be
reserved through a conservation easement or restrictive covenants. Open
space will protect wooded land on gentle slopes, Rocky Run, the 100-yeaz
floodplain, the adjacent stream buffer, buffers along Dimmocks IVlill Road
and the eastern subdivision boundary, as well as the natural drainage Swale
across lots 1 through 7. The open space will also mvnimize visual impacts
of the subdivision by preserving the open area adjacent to Dimmocks Mill
Road.
The lots will have individual wells and septic systems. The Health
Department has authorized that each lot contains provisionally suitable soils
sufficient to locate a septic system to accommodate a three bedroom house.
A PPBS system is recommended for lots 3, 4, 5, 10, 11, 12, and 15. A
prefabricated, permeable block panel system is a specially constructed type
of trench, that is state approved, that allows a 50% reduction in nitrification
trench over a conventional system. Remaining lots have been approved for
an innovative type system which is the type of system requested by the
developer. An innovative system is one of five types of space reducing
systems approved by the state. The design flow, type of system, and pump
requirement are subject to change based upon the application for
construction authorization for each lot.
Access from the lots to Moorefields Road is to be provided by two
proposed public roads, Pine Ridge Road and Cedar Ridge Road, built and
paved to NC DOT standards. A publicly dedicated stubout with a 40' X 50'
(temporary) turn around is provided at the end of Pine Ridge Road to the
adjacent northern property for future access.
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The Concept Plan was approved by the Planning Board (7 to 4 vote)
December 3, 1997 with three conditions:
1. Access to all lots shall be limited to the new subdivision road;
2. On the Preliminary Plan, include a 40-foot buffer along Moorefields
Road as part of the open space protected by restrictive covenants or a
conservation easement. Provide additional landscaping for screening
on lot 27 between the building site and roads; and
3. With the Preliminary Plan, submit draft forms of the homeowners
association documents and restrictive covenants or conservation
easement which contain use and maintenance provisions for the
common open space and buffers. The restrictive covenants shall
designate aback-up grantee, in the event the homeowners association
is eliminated.
The Planning Board, in addition, requested that a second Neighborhood
Information Meeting be conducted once the plan was approved by the
Health Department. That meeting was held on September 28, 1998 and a
summary of the meeting is on pages /~LG -,4Gg of these minutes.
Discussion included street lights, enforcement of private covenants versus
enforcement of zoning and subdivision regulations, and issues regarding
entrance from Moorefields Road versus entrance from Dimmocks Mill
Road.
The Preliminary Plan reflects the following changes from the Concept Plan.
1. The number of lots has been reduced from 27 to 25. Lot 27 has been
divided between lots 1 and 2 to provide an area for septic systems for
those lots. Lot 18 (on the western portion of the subdivision) has been
eliminated in order to increase the azea in Lots 10-17.
2. The Preliminary Plan includes a 40-foot buffer along Moorefields Road
and a 40-foot wooded buffer across the northern property boundaries of
Lots 7, 8, and 9 as part of the open space protected by restrictive
covenants or a conservation easements.
3. The Preliminary Plan,shows a thirty foot drainage easement along the
draw below the outfall of an 18 inch culvert under Pine Ridge Road
across Lots 12 and 11 to Rocky Run per the recommendation of the
Erosion Control Officer.
4. The Preliminary Plan includes landscaping for screening including
twelve Leyland Cypress on lot 27 within the 40' buffer along
Moorefields Road and Leyland Cypress along Dimmocks MiIT road
sufficient to meet ordinance requirements.
5. .The Preliminary Plan proposes to develop the property in four phases
with six (6) lots to be developed in Phase 1, nine (9) lots in Phase 2,
four (4) lots in Phase 3, and three (3) lots in Phase 4. The applicant
proposes to complete the development within five yeazs.
The Fiscal Impact Analysis prepared for Woodgreen Subdivision is on file
in the Planning Department. Section 6 indicates expected revenues
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generated from this development will be greater than expected
expenditures the County will incur as a result of the development.
The Planning Staff recommends approval of the Preliminary Plat for
Woodgreen Subdivision with public roads and subject to the conditions
contained in the Resolution of Approval (an attachment to these minutes on
Pages '~ ~';j ~.. )•
Barrows, referring to Lots lA and 2A, asked how much of those lots will
consumed by septic related activities. The applicant responded that the
total for repair area and the septic system is 12,000 sq. feet. Lot lA would
have 5,000 additional squaze feet and lot 2A is almost double. Barrows
continued that the reason for the question was that she understood, in .
flexible development, that only half the open space could be used for septic
fields and repair area. Lincoln responded that rear portions of lots 1 and 2
are also open space; therefore, more than 50% will-not be taken up with
septic and repair area. Lots indicated as 1 A and 2A are part of Lot 1 and 2.
They are not sepazate lots.
Barrows referred to Article VII, Use Restrictions, Section 2 which states:
"Single-family residential" purposes may include "light
housekeeping" apartments containing no more than one
bedroom.
She asked if this meant that there could be a house and cone-bedroom
apartment on a .92 acre lot. The applicants responded that the Health
Department had approved the lots for three bedrooms, so the total could
only be three bedrooms. He felt it unlikely that there would be a two-
bedroomhouse and cone-bedroom apartment.
Lincoln noted that the Resolution is subject to review and approval by the
County Attorney. She also clarified that even though the open space is
individually owned as part of the lots, there will be a Homeowners
Association which will ensure that the covenants aze met.
Barrows expressed concern that those purchasing lots may not be aware that
they cannot use the conseFVation easements on the lots. The applicant
responded that the covenants state that the developer maintains azchitectural
control until 75% of the homes are occupied, so, the precedent will be set
and the plat would be utilized in the sales materials to ensure that the buyer
is aware of any and all restrictions.
MOTION: Strayhorn moved approval as recommended by the Planning Staff.
Seconded by Selkirk.
VOTE: Unanimous.
AGENDA ITEM #9: MATTERS PROPOSED FOR PUBLIC HEARING (FEBRUARY 22,1999)
a. Zoning Atlas Amendments
Sep 30 99 04:12p Buck Tredway [9191 644-0246 1 6 p.2
~ ~ ~~f-
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G 11
U
1 VOTE: UNANIMOUS
2 ~ ~`
3 f. Woodgreem 3ubctlvision Preliminary Plan
4 The Board considers a preliminary plan for the Woodgreen subdivision located on a 30.7-acre tract in ~ ~_
5 Cheeks Township near the intersection of Dimmocks Mill and Moorfields roads.
6 Planner Karen Lincoln made this presentatron_
7 Director of Environmental Health Ron Holdway said that there are space restraits on all the lots. He
8 illustrated an integrated system which decreases the amount of space needed by 2596 for the system. They
recommend another system which will decrease [he arnount of space needed by 50%.
1U Commissioner Brown confirmed that there is not one conventional system recommended for this
11 Subdivision.
12 Geoffrey Gledhill said that you can create aminimum soil re;yuir~ment without saying what kind of system
13 must go in.
14 Mike Barr, land surveyor, said that the reason for the smaller lots is to allow open space. They have worked
15 with the neighbors to meet as many of the needs as possible.
1G Chris Lamb said that he lives directly across the street from this subdivision. Me will have impact from the
17 noise and traffic from this subdivision. lirey recognize that they have met the regulations and open space requirements.
18 These homes will not have a back yard. He is concamed about 25 new septic system:. >across the street and 25 new
I9 wells. From his viewpoint, this development offers no benefit to their communtty. He is against this proposed
20 .subdivision.
21 Luther Stirwalk feels this area is a garden spot. He feels this is an overdevelopment in the middle of this
22 garden spot. He does not want to make this part of Orange County the back yard of Chapel Hill and Durham.
23 In answer to a question from Chair Gorclon, Geoffrey Gledhill said that at the time this application was
24 submitted, the innovative systems were approved for flexible development.
23 Commissioner Brown said that this is an example of a development that does not characterize the carrying
2G capacity of the land. She would like to have the developor work with Mr. Hotdway to find a way to use conventional
27 system. Chair Gordon agreed.
28 A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to deny.
29 VOTE: UNANIMOUS
30
3t
32 ~ Bid Award/font ct A royal • Efland Cheeks Communi School ark
33 The Board considered bids and contract approval for construction of the Efland Cheeks Community School
3a park.
35 John Link said that in addition to the funding options listed in the abstract, the money set aside for
36 schoohpark development could be used.
37 Purchasing Director Pam Jones explained tho options end wha! would be inducted in each project.
38 Commissioner Jacobs, Commissioner Halkiotis, Manager's recommendation school/park reserve money
34 or bond money option #2 $50,000 from fund balance -they did not use the schooVpark reserve money
40 VOTE: UNANIMOUS
al
42 h . Cre Wood Subdivision Prelimina Plan
43 The Board considered a preliminary plan for the 482-acre Creek wood subdivision located between
44 Whitfield and Mt. Sinai roads in Chapel Hill Township.
45 Planner Eddie iUrk made this presentation. This subdivision islocated between Witfield and Mt. Sinai
46 roadsin Chapel Hill Township.
a~ Jack smite(?) said that they have planned for one year. This is a private/public partnership. from Kimley
48 Hom consultants on this project.
4~ A motion was made by Commissioner Brown to approve the project with the addition of a declaration that
5o this particular project w1N not beprovided water and sewer since they are located in the rural buffer. She would also tike
S t to see swimming pools filled by water trucked in and not well water and not allow garbage disposals
52
53 seconded by Commissioner Halkiotis -only one liiings inducted In the approval is that this area would not be provided
S4 with water and sewer since they are tecated in the rural buffer,
SS VOTE: UNANIMOUS public water and sewer
SC
S7 THE BOARD EXTENDED THE MEETING FOR 30 MINUTES Commissioner Halkiotis, Commissioner Jacobs AlL
58
59
60 i. Allocating additional funding for Shearon Harris ~etmit intervention activities and related ublic
Gl information activities
Sep 30 99 04:13p Buck Tredway (9191 644-OZ46 1 ~ p.i
seconded ty Commissioner Halkiotis approved inGuding the correct language
vote: 4-1(Commissioner Halkiotis) does not want private roads
Commissioner i3rown left at this point 11:05 v.m.
f. Proposed Aaaust 23 1999 Public Wearing Adverti_~m~nt (9;25 9:35)
The Board wilt consider approving the legal advertisement for items proposed for the Aug. 23, 1999
quarterly public hearing.
Commissioner Halkiotis, Commissioner Carey, ail
add to the meeting -master parks and recreation
national resolution legislative item
notice for additional hams wllf come uut
g; WoodareQn Sufdivision Prelirninarv Plan Motion io Reconsider (9:35-9:40)
The Roard ~n decide whether to rec:onslder a decision denying an application for the Woodgreen
Subdivision preliminary plan.
Commissioner Carey moved to reconsider, seconded by Commissioner Halkiotis
vote: 3-1 (Commissioner .lacobs)
Af7JOURNEQ AT 11:OS P.M.
h. New Assistant to the Manager Position (9:40-10:Op)
The Board wi8 consider a new position of assistant to the manager and amending the classification and
pay plan to include the new position at salary grade 72.
10. REPORTS
a. Report on Topics for Pr_posed September 2 meeting on L~cai Jurisdictions' Caordirtation to
Accaas Jordan Lake Water Sup t~lv
The board wilt consider the responses of OWASA ant Chatham County regarcfing possible topics of
discussion for the proposed September 2 Board meeting on the coordination of access the Jordan L~ka water
supply by local jurisdictions.
Work session -invite Mr. Kerwin, the Chair and ilea-Chair of the OWASA Board and the two County
members of the Board to the august 31 work session.
11. APPOINTMENTS
12. MIN ES
13. CLOSED S~SSIQr~
14. ADJOURNMENT
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AT7AcNNtF,vT 7
WOODGREEN SUBDIVISION
Primary Open Space
2.62 acres Stream Buffer
3.21 acres Floodplain
5.83 acres
Secondary Open Space
3.06 acres Landscape Buffer Dimmocks Mill
8.89 acres -Total Qualifying Open Space 29.0%
.Required 10.19 acres 33%
Does not meet ordinance requirements
ALTERNAl1VE SCREENING .ALONG MOOREFlELD ROAD
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Section IV-B-10. FLEXIBLE DEVELOPMENT
Section A P~TRP'OSE
The purpose of Flexible Development is to preserve agricultural and forestry lands, natural and
cultural features, and rural community character that might be lost through conventional
development approaches. To accomplish this goal, greater flexibility and creativity in the design of
such developments is encouraged and allowed. Specific objectives are as follows:
• To preserve areas of the county with productive soils for continued agricultural and forestry use
by preserving ~blocks-of laud'large- enough~to~slivwfor effrci~entvperativns.
• To encourage the preservation and improvement of habitat for various forms of wildlife and to
create new woodlands through natural succession and reforestation where appropriate.
• To m;mmi2P site disturbance and erosidn through retention of existing vegetation and avoiding
development on steep slopes.
• To preserve open land, including those areas containing unique and sensitive features such as
natural areas and wildlife habitats, steep slopes, streams, wetlands, and floodplains.
• To preserve scenic views and elements of the county's rural character, and to .minimize
perceived density by nunimizing views of new development from existing roads.
• To preserve and maintain historic and archaeological sites and structures that serve as significant
visible reminders of the county's social and architectural history.
• To provide for the active and passive recreational needs of county residents, including
implementation of the Master Recreation & Parks Plan.
• To provide greater efficiency in the siting of services and infrastructure by reducing road length,
utility runs, and the amount of paving for development.
• To create compact neighborhoods accessible to open space amenities and with a strong identity.
Section B APPLICABILITY
Amended
6/2/97
Flexible Development is permitted in all residential zoning districts except the Rural Buffer (RB)
zoning district, but only upon approval of a Major Subdivision Preliminary Plat by the Board of
County Commissioners. All Flexible Development subdivision plats shall comply with the
requirements and standards specified herein aad is all respects with other applicable codes and
ordinances to the extent that they are not in conflict with these provisions, provided, however, that
Flexible Developments located within the Stoney Creek Basin Overlay District shall comply with
provisions of Article 6.30 of the Orange County Zoning Ordinance. Applicants seeking approval of
a Minor Subdivision Final Plat by the Planning Department are. encouraged to work with the
. Planning Department staff in identifying and preserving open space areas as part of such
developments.
61
~~
Section C OPEN SgACE STANDARDS
C.1 Minimum Required Open Space
Where a developer elects to seek approval of a Flexible Development as specified herein, at least
thirty-three percent (33%) of the total land area in the Flexible Development must be set aside as
prcitected'~open space:~..Su~eh~vPemspace shall~meet~the~ ~stnud~rds-Mess ~the•deveioper.c~hooses to
seek approval of a conventional subdivision as specified herein.
C.2 Types of Open Space
The types of open space conserved through Flexible Development shall be consistent with the
following standards:
a.
b.
Open space shall be comprised of two types of land: "Primary Conservation Areas" and
"Secona~ary Conservation Areas".
Primary Conservation Areas consist of the following site features:
• Wetlanats, including, but not limited to, streams, creeks, ponds, reservoirs,
stormwater management facilities for watershed protection purposes, and adjoining
land areas identified as part of
0 The National Wetlands Inventory Maps for Orange County, N.C. prepazed by the
U.S. Fish and Wildlife Service;
0 The (~~ge Cou~ty_ N.C. Soil Survey prepared by the U.S.D.A. Soil
Conservation Service; .
0 The Inventory of Na rat a_nd Wildlife Habitats as prepared by the Triangle
Land Conservancy;
0 LANDSAT satellite data collected and analyzed under the Albemazle-Pamlico
Estuarine Study;
0 A required Environmental Assessment or Environmental Impact Statement;
and/or
0 A site analysis conducted by a registered engineer, land surveyor, landscape
architect, architect or land planner using data from the U.S. Army Corps of
. Engineers.
• F7oodplains (100-year) and alluvial soils identified as part of
0 The Flood I2L.411rancr- 4n~ay: Orange Coun N C. prepared by the Federal
Emergency Management Agency (FEMA); and
0 The O~„rarge o m _ N.C. Soil Survey prepared by the U.S.D.A. Soil.
Conservation Service.
• Steep slopes, defined as those greater than 25 percent, identified as part of:
a
~~
0 The grange County N.C c„il S „~,~ prepared by the U.S.D.A. Soil
Conservation Service; and/or
r 0 A site analysis conducted by a registered engineer, land surveyor, landscape
. architect, architect or land planner and calculated using topographic maps from
• an actual survey or from the U.S. Geological Survey.
• .Natural areas,. and wildlife habitats and corridors identified as part of
0 ""'The•inv'entorirof~dattiral~ a~anfl•Wilt~lfe kTaixtat~-.~ b
prepped" y the.Triangle
Land Conservancy;
0 A required Environmental Assessment or Environmental Impact Statement;
and/or
0 An independent site study conducted by a trained botanist and/or biologist.
• Historic and archaeological sites listed on the National Register of Historic Places or
included on the State's National Register study list, designated as a local historic
landmark, designated as a local historic district, and/or identified as having a high
potential for..archaeological remains as part of:
0 The Chanel Hi 1 To ip ~rchitectLral S1ITVPY: Finat_ Report;
0 The O nge o ~n Mtl_tiple Propg~y DocLm__enttstion Form: Historic Res. Lce
~Q~pg~ County;
T
0 An Archaeological Survey of Portions of Orang o m N ~.;
0 A required Environmental Assessment or Environmental Impact Statement;
and/or
0 An independent site study conducted by a trained architectural historian or
archaeologist.
Where a historic or archaeological site is to be set aside as a separate lot, and
• preserved and/or restored as part of a Flexible Development, the entire area within
the lot may be credited toward meeting the minimum open space requirement.
Because they represent sensitive environmental features and/or significant cultural resources
considered unbuildable in a legal or practical sense, Primary Conservation Areas are to be
. the first type of open space designated on a Flexible Development Concept Plan to satisfy
. _ the minimum open space requirement.
c. Secondary Conservation Areas consist of the following site features:
• Woodlands, including forest land for the planting and production of trees and timber,
~, where management practices such as selective timber harvesting and wildlife
enhancement are employed. Such woodlands may consist of hardwood, pine, and/or
mixed pine-hardwood forests identified as part of:
0 LANDSAT satellite data collected and analyzed under the Albemarle-Pamlico
Estuarine Study;
24
.0 A site analysis conducted by a registered engineer, land surveyor, landscape
architect, architect or land planner using aerial photographs and/or satellite
imagery;
0 A required Environmental Assessment or Environmental Impact Statement;
and/or
0 An independent site study conducted by a trained botanist and/or forester.
-• .. `Farmlaru~ .especia[l~y..~irime-~agiiculim~al~ land • as~ ideatified ~y the ii.S.D.A. Soil
Conservation Service in I~Fo ant Far_m__lands: Or~ng Con . N•C. and which is in
active use for the production of crops and/or raising of livestock. Farmland also
includes space on individual lots used for gazdens, ponds, horse paddocks and barns,
and similaz uses.
• Slopes of 1 S% to 25% which require special site planning due to their erosion
potential, limitations for septic tank nitrification fields, and terrain or elevation
changes. Such areas may be suitable for building but higher site preparation and
construction costs are to be expected
• .Other historic and/or archaeological sites identified from the same sources as for
Primary Conservation Area sites.
• Public and/or private recreation areas and facilities, including:
0 "Active recreation areas" such as public recreation areas, including district and
community parks as identified in the Master Recreation and Pazks Plan; and
.private recreation facilities, including golf courses, playing fields, playgrounds,
swimming pools, and courts for tennis, basketball, volleyball, and similaz sports.
Because they represent uses in which. natural lands are cleared, graded, and
managed for intensive activities, only half (50%) of the land in this category may
be credited toward meeting the minimum open space requirement.
0 "Passive recreation areas" such as pedestrian, bicycle; and ~ equestrian trails,
picnic areas, community commo0s or greens, and similaz kinds of areas, whether
public or private. Land in this category receives full credit towazd meeting the
minimum open space requirement.
• Scenic views, especially of natural and cultural features from designated scenic road.
corridors, including "views from the road" as well as views outward from potential
home sites. Landscape buffers which screen the view of development and preserve
the character of rural public roads are also included in this category.
Secondary Conservation Areas may be comprised of any of the remaining open space uses
identified above, and, unless specified otherwise, receive full credit towazd meeting the.
minimum open space requirement in Flexible Developments.
64
S
C.3 Ownership of Open Space
. Open space within a Flexible Development may be owned and/or administered by any of the
following methods, either individually or in combination. All .open space shall be permanently
restricted firm further subdivision.
- • Fee simple dedication to Orange County, another unit of local government, the State of
'North Carofiina~~ara:pr~vat~e~ncu~profit land conservancy.
• Dedication of conservation easements to Orange County, another unit of local government,
the State of North Cazolina or a private non-profit land conservancy. Such easements may
apply to a single property owned by a homeowners association andJor to all or portions of
individual lots owned by one. or more property owners.
• Ownership by a homeowners association where specific development restrictions and
maintenance requirements are included as part of its bylaws and restrictive covenants.
• by individual Ownership property owners, especially. estate lot owners, where specific
development restrictions and maintenance requirements are included as part of restrictive
' ', covenants and/or permanent conservation easements applicable to such lots.
Where conservation easements have been dedicated prior to application for approval of a Flexible
. Development proposal, the land subject to the easement may be counted towazd satisfying the
thirty-three percent (33%) open space requirement provided it is a portion of and in the same
ownership as the land to be subdivided.
C.4 Maintenance of Open Space
Natural features shall be maintained in their natural condition, but may be modified to improve their
appearance, functioning, or overall condition, as recommended by experts in the particulaz area
being modified. Permitted modifications may include:
• Reforestation;
• Woodland management;
• Pasture or cropland management;
• Buffer area landscaping;
• Stream bank protection; and/or .
• Wetlands management.
Unless accepted for dedication or otherwise agreed to by Orange County, .another unit of local
government, the State of North Carolina ar a private non profit land conservancy, the cost and
responsibility of maintaining open space and any facilities located thereon shall be borne by the
property owner and/or homeowners association.
AT7ACHM~Ni /O
SYDENHAM B. ALEXANDER, .,IR
STEPHEN B. MILLER
ALEXANDER & MrT•IrI'I.R, L.L.P.
ATTORNEYS AT LAW
1526 EAST FRANKLIN STREET SUITE 202
POST OFFICE BOX 3200
CHAPEL HII.L, NoxTx CAaOLINA 27515-3200
DONALD A. WILLIAMS
OR COUNSEL
(919) 929-1984
FAX (919) 929-1990
June 3, 1999
Ms. Karen Lincoln
Supervisor, Current Planning
Orange County Planning Department
30~6F Revere Road
Hillsborough, NC 27278
RE: Woodgreen Subdivision
Dear Ms. Lincoln:
As I believe you are aware, I represent Mr. Dennis Evans and
Mr. Jim Mooring, the owners of the proposed Woodgreen Subdivision.
My clients are asking that the County Commissioners consider the
revised plan for the subdivision at the meeting presently scheduled
for June 21. Given the prior history of this development, I
thought it would be helpful to provide additional information
regarding the proposal.
The proposed subdivision would be on a tract of land 30.6
acres in size, located at the intersection of Mooresfield Road and
Dimmocks Mill Road. Access to the property would be through two
entrances off of Mooresfield.Road., The preliminary plans for the
development provided for 27 lots. After consultation with the
aut,'~orities 'at ~ the Health Department, my clients reduced the lot
total to 25 single-family. lots. This proposal received the
unanimous support of the Planning Board.
The Health Department examined the proposal and approved each
of the 25 lots for an innovative septic system and. informed my
clients that the permits had been prepared and were ready to be
issued. In my telephone conversation with you, you indicated some
significant concerns about having 25 innovative systems in this
subdivision. In your letter of March 17, you indicated further
that the County Commissioners had .expressed concerns about the
exclusive use of innovative systems. Each of these lots has a
requisite area for both an innovative system and the required
backup site for such a system in the event the original should
fail. Each of the lots can accommodate such a system without any
2 `~
Ms. Raren Lincoln
Orange County Planning
June 3, 1999
Page 2
Department
encroachment into the areas set aside for open space, flood plain
use, or the stream buffer.
Following rejection of this plan by the County Commissioners,
my clients have reevaluated the septic proposal. The revised
proposal we are submitting for your consideration and review, and
for action by the Commissioners, now contains eighteen Lots
utilizing regular conventional septic systems and only seven lots
utilizing the innovative systems. .These seven are Lots 3, 4, 5,
il, 12, 15 and 16. This revised proposal meets all the
requirements of the Health Department, and each of the lots has
been approved for a permit in accordance with this plan.
My clients plan to have wooden fencing along the two entrances
off of _Mooresfield Road, and similar fencing at .the corner ,of
Dimmocks Mill Road and running the entire length of Dimmocks Mill
Road. One of the owners, Mr. Evans, lives immediately across
Dimmocks Mill Road on the east side of the property. He plans to
construct additional wooden fencing along the length of his
property and his neighbors' in order to make the entire area more
attractive.
As reflected on the .proposed plan, my clients will plant
trees along the Dimmocks Mill boundary, portions of the Mooresfield
Road boundary, and in the interior to provide additional
landscaping amenities. Each of the trees will be at least six feet
high and will comply fully with the requirements of the zoning
ordinance. The plan further provides. for the construction of a
six-foot high berm along approximately 220 feet of the open space
area off Mooresfield Road to provide a visual screen for the
development.
My clients are very pleased with the revised-proposal. Each
of the single-family residences will be a three-bedroom residence.
It is anticipated that the sales prices for each lot, once the
residence is constructed, will be between $240,000 and $280,000.
I have reviewed the applicable ;~
zoning ordinance, and have met with
the proposed development. It is my o~
revised meets each of the criteria s
that my clients are entitled to have
County Commissioners. I welcome the
or other members of the Orange County
concerns you may have.
rortions of the Orange County
Mr. Geoff Gledhill to review
inion that the development as
:t forth in the ordinance and
this proposal approved by the
opportunity to meet with you
planning staff to address any
~~
Ms. Raren Lincoln
Orange County Planning Department
June 3, 1999
Page 3
I look forward to hearing from you.
Sincerely yours,
ALEXANDER & MILLER, L.L.P.
Sy Wham B. Alex er, Jr
SBA:jb .
cc (via hand delivery): Mr. Gledhill
Mr. Evans
Mr. Mooring
File ~ 1688.00
APPLlCAT' 'V FOR PRELIMINARY PI ;V APPROVAL ~~r // 29
MAJOR SUBDIVISION
ORANGE COUNTY D ~^ ;~~;~~
PLEASE TYPE OR PRINT (INK ONLY) t~,
SUBDIVISION NAME: 1NopflCtHE1J
LOCATION: 1,Aoo2~o-~t11t1 QoRp ~rilYhrYIOC~ yyt-ZI Qc,~
OWNER/DEVELOPER: Trcl "~SY141i: Ett dlfs ar ,c 1 fl~~~ Mfr.A1T' {N
CorlTi4o'~ • ptb.Nrlts. EVRN S ~
ADDRESS: Zap 1Dtf>nf11oC~ M~~.L Bch TELEPHONENO.: GySI-o9Q3
t~-~~'da'PD~,U~ t SG 27178 214' 9872
AGENT/CONTACT: _ O>E-±a1~1t~i E~ys ~g TELEPHONE NO.: Gy~•a843
o~ Mt E 15dtZ 783 !vQ/$
A. SUMMARY INFORMATION: ' 3.~1•$
° Orange County Tax Map ~~ Block Lotlls- $.57. Townshi C}~EEks
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Zoning District(s): __ A xC ~ U - ~ _
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Total Number of Acres. 30. b (i Phases: /
Total Number of Lots: 2 ~SAvsrape Lot Size: /.oi9.gc, Minimum Lot Size: ~y0 oDG SF _
Number/Type of Structures: (existing) NOt~I~ (proposed) ~ Z $'
Lineal Feet in Streets: 2257 Acres in Open Space: //, p
Water Supply: WfbLL Public (sp
~ ecify) Community Individual
Wastewater Disposal: -
Public (specify) Community Dtt~ils-7E) Individual
School District: t~tr4yy 81±~t~~ ? Fira~District: it l L~>~+~u
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General Land Uses in Area: __ Fat ;
f» l 2Gh-rnEN't'ti +~~_
Critical Areas: 4 N stream/dreinapeweys / flood prone areas
VA t>saZ )Cale watershed (specify} historic sites
other (explain)
is the property to be subdivided currently under "farm use value taxation"7 Yas
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".
B. All plats must be submitted on sheet no smaller than ens inch equals two-hundred feet (1"=200') end
no larger than one inch equals twenty feet (1"=20') end must contain the followinp'informetion:
/ ,~: subdivision name
"'` '~
~' / zoning of tract and adjacent
;z
..> Hams & address of owner(s)
k??(+~~`
name & address of subdivider ,
properties
~ •
~
b
ildi
. ~,
.. .
;
u
ng setback lines by notation.
~
,,~ (if other than owner)
~ ~~ name of surveyor, engineer, or typicsf lot layout
~ ~'`~~s {ovation and width of axistinp and
c Iandacape erchkect or architect, proposed easements (drainage,
~ address, repiatration ~- and seal
/ >~~"
« (lifts! Preliminary Ptan utilities, roads, etc.)
i
~
~ ..
;
;. ex
stin
„~,,,,.,, p, proposed end adjoining
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scale, north arrow
~ d
t
(i
l
di
i rights-of-way including dimensions
~ v a
a
nc
u
ng rev
sion dates) and street names and state road
~ w ,~G ~_~~~ township, tax map-block-lot numbers. Lineal feat of road
~ c rsfarencss
/ ~ centerlines and approximate
Parent Parcel Identification ar acreage of new street rights-of-
y o w•-~~ :~~~€ deed book and pope X of property wsy
~-' `~°'
m to be subdivided `
~ N EF existing end proposed utilities,
~ ~
a ~ ~<~~
boundary described th bearings
~.:..«~ Y~ ineludin
g type, sizes. hydrants.
E f~
~ t0 and distances
/ :'~
:~ total scre
f
h
d valves, manhcles
N
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age o
t
e tract an ry:i~«
r.
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A ??>
.
, axistinp and proposed curbs,
-Y ~ acreage of lots, including and gutters and eu{verts, including
~ ~ excluding area within rights-of- sizes and grsdes
cL.t Ln / waY
l N 1~s location end width of alleys,
contro
corner sidewalks, bike lance, transit
systems, end bus stops
(please complete reverse side)
proposed lot lint with dimensions
~ lot & block purr.
,,,~~ phasing fines 5
~ / '>" i~~•: topography attM foot f'4Ai
^'' intervals
o / ~<``~'< waterbodies, streams, floodway
a~ end floodplains
~ / '~'.'~"~~'~.~~'~.~.`.'~~•.' stream buffers '
y / >_ location and size of parcels
N v
E •rl dedicated for public use,
a~ ~-+ . recreetiortal use or reserved' in
•~ p common, with purpose noted
~ ~, ,impervious surface data of located
~ w
~`'
~~~` in water supply watershed) '
~ "'
~~ ° vieini me showin
tY D g General
,
~
E ~ location of subdivision with streets
v cti ,
and roads identified by State road
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`~`'"M1~~ number end name
'
~
v ~
~ ::~
landsca rn
p
g and buffer
a~ m
U N
::xa::.,.,~.. requirements
~
:>~w:x township, corporate and extra=
territgripl planning jurisdiction lines
which crass the property
ty ~I street cross-sections and
in. action details including
desig;i and width of travelway and
shoulders
horizontal alignment end .general
curve data (public roads/
• c
li
enter
ne radius on all proposed
"`'~ ~` streets
permanent features such es
buildings, cemeteries, historic
"~ ' ' `ldhdmarks
adjoining lot layout names of
• adjoining property owners. If
' subdivided, subdivision plat name,
' ' plat book & page number, and
perimeter loi numbers.
*~'?«`
'~~~ location end size of lots of
. • restricted development potentief
. " ~ • and notation on plat regarding
.:. • • v
.~;.
~
~'~+~
~ same
:
:>
:~? stormwater detention and/or
retention sites and undisturbed
areas for infiltration purposes of
located in water supply
watershed) .
C. OTHER SUBMITTAL flEQU1REMENTS ~ •
1. Twenty-five i25) copies of the preliminary plat.
2. One full size copy of en Orange County Tax map (wlth tax parcels involved clearly marked in
pencil).
3. Where municipal or OWASA sewer is not available, a copy of the Preliminary Plat indicating
Health Department soils analysis approvelldenial for 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 justification for a private road (see Section IV-B-3-d-1 of the
' Orange County Subdivision Regulations).
5. Auxiliary documents, in draft form, prepared in accordance. with Section VL 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 egrac~nent, and
articles of incorporation and rastriciive covenants pertaining to a homeowner's association.
Thaae documents may be required as necessary ea evidence that the ordinance requirements
are beilnp~~.~~meL
8. Fee - S~bb.00 plus 85.00 per lot i1 fde for proliminary and final plat).
30
7. If the subdivision eontsins 10 lots or more the following information shall be submitted with the
application:
a. ~ Number of years to buildout. _
b. ~- Number of houses to be built during eeeh year to buildout. ~ irJ ~K' ~ '~~ ~ llr ~/~~ .~
e:?"?),.!.Averaga pries of houses including lots for each year to buildout.
I, the applicant, hereby certify that the forspoing application is mom
TURE
•~
DATE
.,
lets and aceurat~~
,•
WNER'S SIG ATURE
~z l 7 ~ ~~~s
DATE
~{/~ dO
FEES: Amount ~ `'~'• Date Paid S' ~ _ ~a Receipt ~M / ~.2 T 7 /
~~ Selected Parcels
PROPERTY MAP
This map contains parcels prepared for the inventory of real property within
~ Orange County, and is compiled from recorded deeds, plats, and other public
Background Info records and data. Users of this map are hereby notified that the aforementioned
public primary information sources should be consulted for verification of the
information contained on this map. The County and its mapping companies assume
no legal responsibility for the information contained on this map.
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W ~ Map Scale : 1" = 404' PATE: 05 Oct 9914;27:53 Tuesday
Prepared ~y Orange County Central Land Records/GIS Office
~, "y 1
SYDENHAM B. ALEXANDER, JR
STEPHEN B. MILLER
ALEXANDER SC MILLER, L.L.P.
ATTORNEYS AT LAW
1526 EAST FRANKLIN STREET SUITE 202
POST OFFICE BOX 3200
CiHAPEL HILL, NORTH CiA130LINA 27515 :300
(919) 929-1984
FAX (919) 929-1990
HAND DELIVERED
October 5, 1999
Ms. Karen Lincoln
Supervisor, Current Planning
Orange County Planning Department
306F Revere Road
Hillsborough, NC 27278
RE: Woodgreen Subdivision
Dear Ms. Lincoln:
DONALD A. WILLIAMS
OF COUNSEL
Friday afternoon I received the staff recommendation by
fax from Mr. Gledhill. I was quite surprised to learn that the
staff for the first time has raised new concerns regarding this
proposed subdivision. I have not had adequate time to properly
review the concerns raised by the planning staff. It appears,
however, that those concerns may give cause to the
Commissioners to turn down this application.
I am therefore, requesting that this matter be removed
from tonight's agenda. I will contact you to set up a meeting
to review the staff recommendations and take whatever steps are
necessary and resolve those concerns. I hope to meet with you
in the near future and bring this matter back before the
Commissioners for their consideration at the earliest possible
date.
~ -- •
Ms. Karen Lincoln
October 5, 1999
Page 2
I am providing you yaith extra copies of this letter in
order that it might be distributed to the members of the County
Commission and staff. Thank you for your consideration and
assistance.
Sincerely yours,
ALEXANDER & MILLER, L.L.P.
l ~'lh
Syd am B. Alex J .
SBA: kmn
cc (via hand delivery ): Mr. Gledhill
Mr. Evans .
Mr. Mooring
File # 1688.00