Agenda - 11-06-2002 - 8e - Laserfiche WebLink

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2 The developer advanced the phasing plan, dedicating all of the open space, public and private, as part of the first phase. During construction of the first phases of the project, it was determined that Condition #9 could not be met because: • NCDOT would not accept the path in the DOT right-of-way. • The grading of the project made locating pedestrian ways in the right-of-way physically impossible. • Irregardless of cost, wood chip or similar pedestrian ways could not be reasonably maintained if located on the steep slopes. Rains would erode the material, which would run into the naturally graded drainage swales and culverts, part of the NCDOT right-of- way. On September 5, 2002, the developer met on the site with the project engineer, and representatives from NCDOT and the County. The group determined that it is impossible to construct such a walkway system within the public (NCDOT maintained) right-of-way. As an alternative, the developer has offered to construct and install a natural surface trail system within the extensive areas of open space in the subdivision, which will satisfy the intent of the condition and will be functionally equivalent to the original requirement. The "interior' trail system will provide all residents pedestrian access to the open space without walking along the subdivision roadways. Philip Post and Associates, the agent for developer, has submitted the attached memorandum requesting an amendment to the Resolution for Approval to allow construction of the trail system. Planning staff have prepared the attached amendment to the May 15, 2001 Resolution of Approval. The amendment would revoke the sections of Condition #9, which require construction and installing an internal walkway system within the NCDOT right- of-way for all interior roads, and add the requirement for installing and construction of an internal walkway system within the subdivision open space according to the updated sheet of the Preliminary Plan, titled Recreation Area, Open Space, Landscaping & Buffer Plan, showing the pedestrian path in green (dated April 4, 2000 and last revised October 2, 2002). The Administration conclusion is that the proposal for pedestrian access within the subdivision meets the intention of Condition #9 and enhances the usability of the open space. FINANCIAL IMPACT: There is no financial impact associated with this decision. RECOMMENDATION(S): Administration Recommendation The Administration recommends that the Board amend the May 15, 2001 Resolution for Approval for Ashwick Subdivision in accordance with the attached resolution.