Orange County NC Website
ORANGE COUNTY <br />BOARD OF COUNTY COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: February 4, 2003 <br />Action Agenda <br />Item No. 5 <br />SUBJECT: Tuscany Ridge- Resolution of Approval Condition Amendment <br />DEPARTMENT: Planning & Inspections PUBLIC HEARING: (Y/N) NO <br />ATTACHMENT(S): INFORMATION CONTACT: <br />Draft Amended Resolution of Approval Craig Benedict, Director, ext. 2592 <br />TELEPHONE NUMBERS: <br />Hillsborough 245-2575 <br />Chapel Hill 968-4501 <br />Durham 688-7331 <br />Mebane 336-227-2031 <br />PURPOSE: To consider amending a condition in the Resolution of Approval for the Preliminary <br />Plan of Tuscany Ridge subdivision concerning the paving of Arthur Minnis Road. <br />BACKGROUND: This proposed amendment reflects recent developments regarding the Arthur <br />Minnis Road paving discussions held in December 2002 and January 2003. In order to prepare <br />in a timely manner for the prior Commissioners' meeting, the Developer was requested to notify <br />the County regarding the acceptance of a -proposed escrow option within several days following <br />the presentment of such option. The Developer was unable to accept within that timeframe, but <br />continued to discuss and evaluate the proposed change in the preliminary plan approval <br />resolution and maintained contact with the County. On January 24th, the Developer provided <br />formal notification of willingness to accept the proposal discussed below, which prompts this <br />subdivision preliminary plan resolution amendment. <br />The Tuscany Ridge subdivision received preliminary approval at the June 27, 2002 BOCC <br />meeting and the developer has been steadily working toward meeting the conditions required to <br />record the final plat. Subsequent to the approval by the BOCC, numerous adjoining property <br />owners, as well as other residents, have requested that the BOCC investigate with the North <br />Carolina Department of Transportation (NCDOT) the preliminary plan requirement for the <br />paving of a 900' segment of Arthur Minnis Road citing, among other issues, safety. The BOCC <br />has provided the public venue for the residents so their concerns could be transferred to <br />NCDOT, which has the statutory responsibility for road construction and maintenance. NCDOT <br />has responded with letters stating its responsibility to ensure safe road design. NCDOT has <br />satisfied itself that the developer's design of the road segment meets NCDOT safety standards. <br />With encroachment agreements authorized by NCDOT, the developer was pursuing road <br />construction because the subdivision approval condition dictates that activity.