Agenda - 05-19-1987 - Laserfiche WebLink

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Commissioner John Hartwell Page 2 May. 15, 1987 My first request is that the Board of Commissioners require that Phases II and III of the San-Reba Woods subdivision be consolidated. Prior to the April 27, 1987 Orange County Planning Board meeting, it was our understanding that the proposed San-Reba Woods subdivision consisted of two phases, with Phase II comprising current Phases II and III. At that meeting, it first came to our attention that the developer had revised the plans to designate the area of the westernmost part of former Phase II as a separate Phase III. However, the land contained within Phase III is not divided into separate residential lots, the reason being (so we are informed) that sites for septic tank systems could not be located within this portion of the development tract. Since Phase III is not developable as the project is currently proposed, there is no incentive for the developer ever to seek final plat approval for this Phase. And, without final plat approval for Phase III, there will be no right-of-way dedicated to provide access to my client' s property. Therefore, we request that, at a minimum, the Board of Commissioners require the consolidation of Phases II and III, a requirement which we understand is agreeable to the planning staff. Our second request is for the Board of Commissioners to place a condition on preliminary plat approval requiring that, in conjunction with final plat approval of Phase I, the developer must record a right-of-way extending to my client' s property as indicated on the preliminary plat of Phases II and III. This request is made in light of our concern that Phases II and III may not be developed. The fact that the developer previously obtained preliminary plat approval for a project virtually identical to the one before you, and then allowed this approval to expire, clearly warrants our concern that Phases II and III may never reach the final plat approval stage. Such a condition would ensure my client access upon final plat approval of Phase I. Finally, we respectfully request that the Board impose a condition on preliminary plat approval requiring that when Phases II and III (Phase II should the Board require the consolidation of Phases II ai,J III) are developed, the developer construct a street on the right of way shown on the southern half of the preliminary plat all the way to the western boundary of the developer' s property. Such a requirement is standard procedure for several nearby jurisdictions. In response to our inquiry, the Town of Chapel Hill has indicated that it would always require a developer to construct a road within a subdivision to an adjacent landlocked property. The City of Durham' s traffic engineer informed us that it is the city' s general practice to require streets within a subdivision to be built to the property line, and at a minimum to ensure that a right-of-way provides some access. Durham County Stated that, with rare exceptions not applicable here, they normally would require the construction of a street to the property line. Finally, the Town of Carrboro by ordinance requires that a street within a subdivision be constructed to the property line. Therefore, we believe that a condition on preliminary plat approval requiring the developer of the San Reba Woods subdvision to construct a road to the property line in conjunction with final plat approval of Phases II and III is consistent with practice in the