Community Update #7 for Oaks Villas and Oaks III:

Development Proposal Underway

for the Land at the End of Lancaster Drive

April 22, 2022

 

 

Joint Subcommittee: Phil Post, Nancy Doorey and Phil Patterson

 

Epcon has submitted a revised application in response to the Durham Planning Department’s Comments. The joint committee has reviewed this revised submission (#2).   The revised Development Plan can be found on page 6 of this Update.

The noteworthy changes and additions to the application are:

  1. Epcon was unable to secure right-of-way to pave George King from the development to Blenheim Woods (north), so they are now proposing to pave it from the development entrance south to the NC 54 service road. Notably, the applications says they will bring it up to NC DOT standards, rather than City standards, which are higher and typically require curbs, gutters, sidewalks and possibly a bike lane. They will need to acquire public right-of-way from the US Army Corp of Engineers and a small number of property owners.
  2. They are now committing to a vegetative buffer along the western boundary that is 65 feet wide on average and no less than 55 feet wide. They are also committing to 80% opacity (visual block) along the western boundary. However, they have not committed to leaving the existing trees within that buffer undisturbed to the full extent possible. See more on this below
  3. They commit to meeting the City of Durham’s requirements for right-of-way for the Lancaster extension and the frontage of their parcel along George King Road, and to adding a 5 foot wide paved bicycle lane along their frontage only.
  4. The Development Plan now shows where they plan to run Lancaster Drive (see pg 6). It would continue east and, shortly before George King Road, would come to a T-stop, with a right turn required to get to George King Road.
  5. They commit to a EITHER a 100 foot easement for a future collector road that could connect to Meadowmont Lane OR, along that same path, a minimum of a 10 foot wide easement for the Little Creek Connector Trail, which loops from below Helmsdale to George King. (see pg 6)
  6. The Development Plan now shows a small wetlands area along George King Road. It does not, however, indicate either the Natural Heritage Lands or the National Wetlands areas within their parcel, and a required wetlands buffer is not included in the plan.
  7. The plan now includes locations of several hundred identified specimen trees on the parcel. However, there is no commitment to preserving them. Our understanding is that the proposal still involves clear-cutting of all areas within the building envelope.
  8. The current County zoning for that property is Rural Residential, up to 2 units per acre. The Epcon zoning request and plan would result in 2.707 units per acres.

 

The joint Oaks Villas – Oaks III committee developed a set of recommended comments to be made on behalf of our communities, and they were approved by both Boards. Those comments are:

  • Epcon has included a commitment that states that “a minimum of 40% of all dwelling units shall be townhouses” but has no upper cap on that percentage. They had earlier stated to us, during the Neighborhood Meeting, that approximately 60% of the units would be detached single family homes, which would be located in the western portion of the parcel (closest to Nottingham and Helmsdale). The text commitment should thereby be amended to read, “… a minimum of 40% and a maximum of 50% of all dwelling units shall be townhouses.”
  • Epcon has included a commitment to a vegetative buffer with 0.8 opacity (80% visual block, achieved over time). However, they had earlier agreed to retain existing trees.

We want to ensure that the developer does not clear-cut the buffer along the perimeter of the property, and then plant small new plants to meet, over time, the opacity commitment of 80% opacity. Therefore, we are asking that they amend the commitment to retain the existing trees (and augment as needed to achieve the visual block).

  • We asked last fall that Lancaster be a circuitous route with at least two stops/turns. The developer has included one T stop. We are requesting the addition of the traffic circle called for in the Collector Streets Plan, and other traffic calming measures to reduce cut-through traffic.
  • We repeat our request for a commitment that Lancaster, Dundalk and Hebrides shall be blockaded for construction traffic access during all site construction and all residence construction up until the Certificate of Occupancy for the twentieth (20th) residence is issued.
  • Per the recommendation of the Pedestrian Advisory Board, we request that a commitment be added that a sidewalk will be constructed to connect the development to the Creekside Elementary School.
  • We urge the Planning Department to require that the 10 ft shared Greenway Trail be located on the Courtyards property, not the US Corps of Engineers property.
  • We urge the Planning Department to require that the Natural Heritage Lands, the Natural Heritage Lands buffer, the National Wetlands, and the National Wetlands buffer should be shown on all plans.
  • We urge the Planning Department to require the 25 ft wetlands buffer (required by regulation) be shown for both areas of recorded wetlands – those now shown along George King Road and the National Wetlands area along the SW border.

The map below shows Natural Heritage Land in light green and National Wetlands in dark green.

 

  • We recommend that Site Access #1 be eliminated.

Epcon now proposes to bring George King Road up to NCDOT Standards from Site Access #2 to the NC 54 service road. However, this leaves a strip of George King Road in a sort of limbo: the section between Site Access #1 and Site Access #2. The developer should either eliminate Site Access #1 or bring this portion to NCDOT Standards. We believe they cannot obtain right of way to improve this section, and therefore recommend eliminating this access point.

 

 

  • We urge the Planning Department to require the addition of drainage flow arrows on the Development Plan to show that all runoff from this development will be directed away from existing neighboring lots along the west and north parcel boundaries. There are several areas along the parcel boundaries that currently slope down into parcels and streets in our neighborhoods.
  • Due to the environmental sensitivity of this parcel relative to the watershed, and due to the well documented damage to private property caused by the Epcon Culp Arbor stormwater handling, we urge the Planning Department to require the developer to indicate on the Development Plan, prior to approval, placement of any and all stormwater retention controls and their overflow paths.

This parcel has at least 4 streams, for which the stream buffers cover 20% of the parcel.  There is also a wetlands area on the parcel that is approximately 1 acre in area along George King Road, an additional 2% of the parcel.  In addition, approximately 11 acres along the southern boundary of the parcel are designated Natural Heritage Lands, with a small portion also designated National Wetlands.

We are aware of the very negative impact of the stormwater retention pond and overflow built by Epcon in their nearby Culp Arbor development. The overflow pipes from the southern stormwater retention pond periodically shoot large volumes of water directly across the neighboring private property, flooding that landowner’s back yard.

  • We urge the Planning Department to require that all project documents to be corrected to remove references to a 60 foot public right of way on George King Rd, unless the NCDOT has determined that such a public right of way exists. To date, NCDOT has told us that no such public right-of-way exists on George King Road, but rather that a prescriptive maintenance easement exists that extends only from ditch to ditch.

At a minimum, the Development Plan and Legal Description submitted by the developer Documents assert that there is a 60 ft public right of way along George King Road. NCDOT has stated that there is currently no underlying public right of way on George King.