Agenda - 05-17-2011- 5n - Laserfiche WebLink

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2 Issue: This commitment to see the cleanup through to a conclusion affects how and when the open space is conveyed to the homeowners association. Under normal conditions, all of the open space would have been conveyed by warranty deed to the association. The owners would like to record the Phase 4 final plat and at that time would propose to split the open space into two sections. The first section will contain the area needed for the monitoring/sparging wells, which would be fenced off until such time as the State of North Carolina has declared the site to be properly cleaned up, which may take several years to accomplish. The second open space section will be deeded over to the Fox Hill Farms Homeowners Association with the recording of the final plat. The owners would like to retain ownership of the first open space section until the site is properly clean and cleared by the State of North Carolina and then deed the land to the Homeowners Association. This will keep .the Homeowners Association off the chain of title for environmental liability purposes. The owners also propose to revise the Homeowners Association documents to reflect this situation. The December 11, 2001 Resolution of Approval establishes the condition that "the open space shall be conveyed to the Homeowner's Association as each phase of the subdivision is recorded." This language, when read in conjunction with Section III-D-3-f of the Subdivision Regulations, which states "a change may be considered a minor change if it does not involve any of the following: (a) any substantive change in a condition of approval; and (c) any substantial change in the location of or any decrease in the amount of open space, buffers, or area reserved for recreation use." Planning Staff Recommendation: Splitting the platted open space lot into two parcels violates the original Resolution of Approval. The developers intend to fence the area of the clean up for viability and security purposes. When the Corrective Action Plan is complete, the fence will be removed and the land deeded to the Homeowner's Association. Section F.4 of the attached Resolution of Approval should be revised to address on-site environmental remediation issues. A 0.62-acre portion of Lot 167 of Fox Hill Farm Central, Phase 4 is proposed to be combined with 1.67 acres of the dedicated Phase 4 open space to create a 2.29-acre parcel comprising the fenced environmental remediation site. The developer will retain ownership of this parcel until such time that the environmental remediation activities are deemed complete. Lot 167-R will contain 4.18 acres, which is reduced from 4.80 acres approved on December 11, 2001. Timeline of Review and Approvals for the Development First Action: Concept Plan approved by the Planning Board on April 4, 2001. Second Action: The Planning Board in a unanimous vote recommended approval of the Preliminary Plat on October 3, 2001. Third Action: Board of County Commissioners approved the Preliminary Plat on December 11, 2001. RECOMMENDATIONS: The Manager recommends the Board approve: 1. the reduction of Lot 167 of Fox Hill Farm Central, Phase 4 from 4.80 acres to 4.18 acres; and 2. the attached "Revision to the Resolution of Approval" in order to address on-site environmental remediation issues.