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Agenda - 10-23-2007-11b
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Agenda - 10-23-2007-11b
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9/2/2008 2:02:15 AM
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BOCC
Date
10/23/2007
Document Type
Agenda
Agenda Item
11b
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Minutes - 20071023
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\Board of County Commissioners\Minutes - Approved\2000's\2007
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35 <br />Developer Concerns At Churton Grove <br />Concerns Regarding Churton Grove Phase N <br />Some elements in Phase IV are still in the planning stages. The concems articulated below are based upon reviewing a <br />preliminary site plan prepared by Newland Communities. Some of these concerns may have been addressed in <br />subsequently revised site plans. To the extent they are not yet addressed Orange County should review the site plan with <br />these concerns in mind. <br />Newland Communities Site Plan (proposed) calls fora 3.83 acre parcel near Friendship Lane to be dedicated "Active <br />Recreation Space". The developer considers a proposed soccer field to accommodate the requirement for developed, <br />active recreation area. <br />1. Site Suitability of Proposed Recreation Parcel <br />a) Utility Easement -The western boundary of the proposed parcel is encumbered by a utility easement with <br />existing high-tension power lines. This is in violation of Orange County Ordinance 46-79 b(3) governing site <br />suitability which states that "active recreation areas shall be located on land that is...free of easements for <br />public utility transmission lines." <br />b) Wetlands - A significant portion of the northern portion of the parcel exists within a wetlands buffer. This is in <br />violation of Orange County Ordinance 46-79 b(3) governing site suitability which states that "active recreation <br />areas shall be located on land that is...free of wetlands and/or floodplains:' <br />c) Parking -The proposed plat indicates 10 parking spaces. This is in violation of Orange County Ordinance 46- <br />79 b(4) governing site improvements. According to the ordinance, a 3.83 acre parcel containing a soccer field <br />must have 37 parking spaces provided on land "in addition to land provided or dedicated for active recreational <br />purposes." <br />d) Soccer Field Size -The soccer field on the proposed plat has a size of 120 x 240 feet. This is in violation of <br />Orange County Ordinance 46-79b(4) which specifies that private recreational soccer fields within subdivision <br />shall have a width of 195 to 225 feet by a length of 300 to 360 feet with 10 feet minimum clearance on all sides. <br />2. Acreage of Proposed Recreation Parcel <br />a) To the extent the Site Suitability concems indicated above are valid, the inclusion of the entirety of the 3.83 <br />acre parcel as Active Recreation Area is called into question (due to utility easement, wetlands, and <br />requirements for parking). <br />b) Furthermore, in light of the concerns raised regarding the actual acreage of active recreation area in Phase II <br />there is a serious question as to whether the terms of Special Use Permit Condition 27a and 27b are being met <br />even with the inclusion of all 3.83 acres of the proposed recreation area. <br />3. Lack of Connecting Paths <br />a) The Phase IV parcel on which the proposed soccer field will be sited is approximately 2,900 feet distant from <br />the existing Phase 2 Active Recreation parcel. Orange County Ordinance 46-79b(3b) stipulates that "land <br />dedicated for recreational purposes shall be a single parcel except where it is determined that two or more <br />parcels are suited to the needs of a particular subdivision." Given the distance between the two parcels a <br />dedicated connecting path of between 30 and 50 feet in width should be required for pedestrian access between <br />the two Active Recreation Areas: The dedicated path should be provided in addition to the land dedicated to <br />recreation in the Special Use Permit and in Orange County Ordinance 46-79b(2). <br />b) Furthermore, Sec. 50-204(3)b3 of Orange County Ordinances requires that "walkways in the PD-H district shall <br />form a logical, safe and convenient system for pedestrian access to all...project facilities and principal off-site <br />pedestrian destinations...Walkways to be used by substantial numbers of children as play areas or routes <br />to...other destinations shall be so located and safeguarded as to minimize contacts with normal automotive <br />
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