Loading...
HomeMy WebLinkAbout20010109 Ver 1_COMPLETE FILE_20010126615 HIGHWAY 66 SOUTH - P.O. BOX 386 KERNERSVILLE, NORTH CAROLINA 27285 (336) 992-2000 March 7, 2002 Mr. John Dorney Division of Water Qualily NCDENT 1617 Mail Service Center Raleigh, NC 27699-1617 1t i 52V WETLANDS GROU?,.-A ?UAT' SECT I"', RE: Sunnybrook Village Request for Vested Rights Dear Mr. Dorney: HUBER am attaching a copy of a letter from Ms. Mary Penny Thompson of the State of North Carolina Department of Justice sent to Mr. Steve Mitchell of the Division of Water Quality. This letter confirms common law vested rights for this property concerning Neuse River Buffers. There has been no application to fill wetlands. My application for common law vested rights has been granted by virtue of Ms. Thompson's advisory opinion letter. If you have any further questions about this matter, please contact Mr. Steve Mitchell of DWQ and/or Mr. Larry Ragland of McNeely Associates pa (919-782-9677). Best Regards, tuubert B. Par s Cc: McNeely Associates pa " M LITRE MOMPMDEALER' > 6 State of North Carolina ROY COOPER Department of JUstiCe ATTORNEY GENERAL P. O. Box 629 RALEIGH 27602-0629 February 9, 2001 Via Fax and Mail Steve Mitchell Raleigh Regional Office Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 Fax: (919) 571-4718 Re: Applicability of Vested Rights in Sunnybrook Village Dear Steve: Reply to: Mary Penny Thompson Environmental Division Tel: (919) 716-6600 Fax: (919) 716-6766 mthomp@mail-jus.state.nc.us I have reviewed the supplemental materials provided to me by Hal McNeely after our joint meeting with the developers on January 9, 2001 to determine the applicability of vested rights to the development commonly known as Sunnybrook Village.' Although the vested rights concept is generally limited to zoning ordinances, the General Assembly specifically exempted property with existing vested rights from the application of the Neuse River Buffer Rules. See 1998 N.C. Sess. Laws 221 (hereinafter referred to as "HB 1402"). In my opinion, vested rights do apply to Sunnybrook Village because the supplemental materials meet the common law criteria for such a right. The original request for a determination on vested rights applicability sought such a right under the statutory method outlined in N.C. Gen. Stat. § 160A-385.1 which requires a site specific development plan reviewed after proper notice at a quasi-judicial public hearing and approved by the local government. N.C. Gen. Stat. § 160A-385.1(e). The review of vested rights under this method was abandoned by the developers since the development activities occurred prior to either State or City adoption of provisions to secure vested rights. The developers currently seek a determination of vested rights under the common law criteria which I have set out below for your convenience: (1) Substantial expenditures or contractual obligations incidental to the project were I This is an advisory letter. It has not been reviewed and approved in accordance with procedures for issuing an Attorney General's opinion. Steve Mitchell February 9, 2001 Page 2 incurred prior to the change in the law; (2) Such expenditures or obligations were incurred in good faith; (3) Such expenditures or obligations were made in reasonable reliance upon governmental permits or approvals; and, (4) The amendment to the law acts as a detriment to the parry. Browning-Ferris Industries v. Guilford County Board ofAdjustrnent, 126 N.C. App. 168, 484 S.E.2d 411 (1997). Further, HB 1402 addressed the common law vested right by stating that the Neuse River Buffer Rules do not apply to "development with vested rights recognized or established under the common law" prior to October 29, 1998 (the date HB 1402 became effective) if the Commission issued a 401 Water Quality Certification prior to July 22, 1997. 1998 N.C. Sess. Laws 221, Section 1.7. The earlier submittal materials include the following items: • November 30, 1998 letter from Edward Zotian of Patton Boggs, LLP (attorneys at law) to Jill Hickey requesting a vested rights determination under N.C. Gen. Stat. § 160A-385.1 and including attachments: • 11/13/85 letter from the City of Raleigh to Dayle Phillips indicating completion of the final inspection; • 11/26/85 letter from the City of Raleigh to Dayle Phillips indicating completion of the final inspection; • Site map dated 6/17/81 with property outlined in red; • 12/7/98 letter from Jill Hickey to Edward Zotian requesting a copy of Raleigh's ordinance, documentation showing Raleigh approval of a site specific development plan, and documentation indicating all other requirements met. • Blueprint of Water & Sewer Service dated August 1983 and revised through 1-5-84; • Layout Plan dated Nov. 06, 1998 • 3/5/99 memo from John Dorney of DWQ to Jill Hickey requesting vested rights determination, indicating that no record of a 401 Water Quality Certification for the project existed, and attaching several documents: • 1/18/99 letter from Hal McNeely of McNeely Associates, PA (landscape architects & planning consultants) to Jill Hickey indicating the actions on site could constitute a common law vested right since conducted prior to either the State or the City establishing provisions for obtaining a vested right • a location map • Certified Action of the City of Raleigh Planning Commission dated 1/14/99 recommending approval of a 201 residential condominiums on land previously Steve Mitchell February 9, 2001 Page 3 approved in 1984 (i.e., Sunnybrook Village) • outline of lot on general site map • Planting Plan • Layout Plan • 11/22/83 letter from the City of Raleigh to Hal McNeely regarding the sewer easement sale at Sunnybrook Village • 11/26/85 letter from the City of Raleigh to Dayle Phillips regarding the final inspection at Sunnybrook Village • 11/13/85 letter from the City of Raleigh to Dayle Phillips regarding the final inspection at Sunnybrook Village • 11/12/86 letter from the City of Raleigh to Dayle Phillips regarding the one year warranty inspection at Sunnybrook Village • 3/16/99 fax from John Cooke of Womble, Carlyle, Sandridge & Rice (attorneys at law) to Jill Hickey indicating that Edward Zotian represents the buyer who has a contract with Hubert Parks, the current owner, to purchase Sunnybrook Village and asking that the determination be suspended until further information submitted • 7/8/99 letter from John Cooke to Jill Hickey requesting vested rights determination under the common law and attaching two exhibits: • plat of Sunnybrook Village • factual outline of events including 24 attachments: 1. 6/21/78 Joint Venture Agreement 2. 3/10/78 Trustee's Deed 3. 6/12/80 NC Non-Warranty Deed 4. 8/24/83 NC General Warranty Deed 5. 12/20/82 Proposal by McNeely Associates 6. Ledger page for expenses totaling almost $2,300,000 7. 9/1/83 Application for Subdivision Approval 8. 3/24/84 Plats of Lots and Roadways 9. City of Raleigh Standard Procedure for Reimbursement Contracts for Utilities and Streets 10. 7/12/84 letter from NC Dept. of Natural Resources and Community Development ("NRCD") forwarding Permit No. 10420 to City of Raleigh for the construction and operation of wastewater collection system extensions 11. 7/13/84 letter from Division of Health Services to City of Raleigh approving the. construction of water mains, etc. along the roads of Sunnybrook. Village 12. 11/13/85 letter from the City of Raleigh to Dayle Phillips regarding the final inspection at Sunnybrook Village 13. 11/12/86 letter from the City of Raleigh to Dayle Phillips regarding the one year warranty inspection at Sunnybrook Village 14. 5/5/86 plat approved by the City of Raleigh 15. 5/10/84 Permit allowing Wake county with permission of Roger Page and Hubert Parks to enter the property to survey and plan the Wake Resource Park Sewer Outfall Steve Mitchell February 9, 2001 Page 4 16.2/13/85 Easement between Wake County and the Sunnybrook Village property owners 17. 6/1/84 Application for Site Plan Approval for Lot 3 in Sunnybrook Village 18. Subdivision Review Committee's Recommendation to approve Lot 3 development as long as it was recorded prior to issuance of building permits 19.6/14/85 Permit from the EMC/NRCD to extend sewer to Lot 3 in Sunnybrook Village 20. 3/3/86 Application for Site Plan Approval for St. Clair Condominiums 21. 5/7/86 memo from City of Raleigh to Mr. McNeely approving the St. Clair Condominiums with conditions 22. 10/25/91 General Warranty Deed from the Pages to BB&T 23. 12/3/92 General Warranty Deed from BB&T to the Michaels 24. 1/14/99 Certified Action of the City of Raleigh Planning Commission recommending the approval of a group housing development in Sunnybrook Village • 7/20/99 Memo from Pete Colwell of DWQ to Jill Hickey requesting vested rights determination for Sunnybrook Village and indicating DWQ did not find a record of a 401 Water Quality Certification for the subdivision • 9/21/99 fax memo from John Cooke to Jill Hickey providing further legal analyses 5/30/00 letter from John Cooke to Jill Hickey requesting favorable determination The supplemental materials include the following: • outline by Hal McNeely of general development plans beginning in 1985 • 11/26/95 letter from the City of Raleigh to Dayle Phillips advising that a final inspection had been conducted at Sunnybrook Village and that the sanitary sewer main was found to be acceptable • several large-scale plat maps including one with building footprints on Lot 3 • 1/25/01 Letter of Transmittal from Hal McNeely submitting City of Raleigh minutes approving Sunnybrook Village dated 1/9/84 and 7/23/84 along with three large-scale plat maps illustrating the approved development • 2/6/01 letter from Hal McNeely providing official copies of the 1/9/84 and 7/23/84 City of Raleigh minutes showing site plan approvals as well as large-scale plat maps illustrating the development which were specifically referenced by the minutes approving the development. It appears that Sunnybrook Village meets the requirements for common law vested rights. First, according to the submitted materials, the developer made substantial expenditures, in the amount of $1,700,000 to build the infrastructure of the master plan. Second, the developer acted in good faith as he received approval of the subdivision from the City of Raleigh prior to the Neuse River Buffer rules taking effect. Third, the developer relied on governmental permissions as he received coverage under the State's stormwater general permit in conjunction with his approved erosion and sedimentation control plan in 1985. The grading approved by the erosion and sedimentation control plan occurred prior to the change in the rules. Although I do not have a copy of the grading plan (which would be labeled "L-2" on plans submitted to the City), I have y '4 f Steve Mitchell February 9, 2001 Page 5 no doubt that it exists given that the city approved the construction in its final inspection in 1985. Given the length of time it has taken to gather and review the materials, I am not requiring a copy to be submitted in order to determine the applicability of vested rights. Fourth and finally, the developer will suffer a detriment as he will be unable to build Approximately twenty units on Lot 3 if the Neuse River Buffer Rules are imposed in their entirety. Since the developer appears to meet all four criteria of common law vested rights, I would advise you to act accordingly and not impose the requirements of the Neuse River Buffer Rules on Lot 3 of Sunnybrook Village. If you have any questions or need anything further, please do not hesitate to contact me. With best wishes, I am Very truly yours, l ;95W'? M ary Pe y Thom 7 A s t Attorney General cc: Hal McNeely EP/46389/wp6.1 102 11:36 ` -OF wAT?'Q4 7 C r FAX 3369922045 PARKS CHEVROLET qmvuc. Michas F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Div sion of Water Quality February 21, 2002 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Hubert B. Parks and F. Roger Page, Jr. P.O. Box 386 Kemersville, INC 27284 Re: Request for vested decision- Neuse buffer rules Sunnybrook Village Wake County Dear Sirs: On July 20, 1999, the Division of Water Quality wrote to you concerning your plans to fill an unreported amount of acres of wetlands and/or linear feet of streams in in regards to the vested rights of Sunny Brook Village :subdivision in Raleigh in Wake County. This letter informed you that the project was incomplete and was being placed on hold until the additional information outlined in the letter was supplied. To date, we have not received this additional information. Unless we hear from you in writing within 3 weeks of the receipt of this letter, we will consider that you no longer want to pursue this project and we will retire the file and consider the application as withdrawn. Please be aware that reapplication for this project will require a Certification fee and new applications. Please call Mr. Mike Horan of my staff at 919-733-3574 if you would like to discuss this matter. . 1 f '-?. n Dorn Wetlan s/ 1 Unit Supervisor Cc: File copy Central files Raleigh DWQ Regional OffiGe - Raleigh Regulatory Field Office US Army Corps of Engineers N_ C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service Received Time Mar. 6, 10:40AM 1800623-7748 McNeely Associates pa landscape architects & planning consultants January 22, 2001 Mr. Steve Mitchell Environmental Scientist Division of WO 1628 Mail Servi Raleigh, NC 27, v?- RE: Lot 3, Su Dear Steve, Attached are twc 2001 with Mr. Te Department of JL '?R? ? I mating of January 9, irk and me at the Also accompanyi2 ?J (reduced), the 19 Subdivision apprc warranty period. If you have any problems with our delineatior interpretation, I will be pleased to meet with y Sincerely, #? xt Z. Hal McNeely, ASLA President enclosure cc: Hubert Park Don Vaughn Gam- (4 5501 McNeely Drive • PO Drawer 30126 • Raleigh, NC 27622 • Tel: (919) 782-9677 • Fax: (919) 782-5489 Y _. City of Raleigh, NC Development Plans Review Center P. 0. Box 590, Raleigh, N. C. 21602 Telephone: (919),890-3642 FAX: 890-3690 PROJECT : Sunnybrook Village FILE NUMBER : GH-11-98 CITY COUNCIL ACTION: Approved DATE Of ACTION :1/12/99 COORDINATING PLANNER : Greg Hallam FACTION Of THE CITY COUNCIL: The City Council has found that this plan, with the following conditions being met, conforms to, Code requirements of Chapter 2, Part 10, Sections 10-2132.2, 10-2035; Chapter 3, Part 10, Sections 10-3001- 3059. This request.was approved, according to a map drawn by McNeely Associates, dated 12/21/98, owned by Providence Development Group, in accordance with the following conditions: Administrative Actions: Conditions that-are to. be met prior to.approval of construction drawings:- 1. That a.revised utility plan be submitted which extends sanitary sewer service to any adjacent property . where sewer is not currently available, or, that evidence be provided showing that sanitary sewer is currently available to all adjacent properties; 2. That a revised plan be submitted which shows any State-required Riparian Buffers, or, that a letter be submitted from the State Division of Water Quality stating that the Neuse River Nutrient Sensitive Regulations are not applicable to the project; 3. That the construction drawings for the private street intersecting with Sungate Boulevard on the western edge of the site show the required "No Parking" signage and markings for both sides of the private street where parking is not being provided; 4. That the City Council approve the proposed Sanitary Sewer Easement exchange; Conditions that are to be met prior to issuance of grading permits, or any. other construction permit in the Inspections Department: 5. That a tree; preservation plan for the existing trees proposed to be protected be approved, and that all tree protective measures be installed and inspected by the Zoning Inspector; IU : Providence Development Group \ McNeely Associates ( Conditions that are to be met prior to issuance of building permits in the Inspections Department: 6. That construction drawings for the internal drives, shown on the preliminary plan and required to be constructed to private street standards are approved; 7. That a petition for annexation into the City Limits be submitted in accordance with City Council policy for extension of utility service to properties currently outside of the City Limits. This voluntary annexation in no way obligates the City to extend utility services to the property; 8. That street names for this development be approved by the Raleigh Planning Department and by Wake County; and 9. That a plat be recorded which dedicates all required on-site sanitary sewer easements. SUNSET DATES: If significant construction has not taken place on a project after preliminary approval, that approval may "sunset" and be declared void, requiring re-approval by City Council before permits may be issued. To avoid allowing this preliminary approval to "sunset", the following must take place by the following dates: 2-Year Sunset Date: 1/1212002 Submit a final site plan and valid building permit application for the total area of the project, or a phase of the project. 5-Year Sunset Date: 1/12/2004 Complete construction of entire development. WHAT TO DO NEXT: • MEET ALL CONDITIONS OF APPROVAL. COMPLETE CONSTRUCTION DRAWINGS FOR ANY PUBLIC IMPROVEMENTS (Streets, Utility lines to be owned and maintained by the City) and submit them to the Development Plans Review Center for approval. • COMPLETE THE TECHNICAL REVIEW IN THE INSPECTIONS DEPARTMENT FOR SITE AND BUILDING CONSTRUCTION PLANS. • MEET THE REQUIREMENTS OF THE SUNSET THRESHOLDS AS NOTED ABOVE. FACILITY FEES REIMBURSEMENT: If oversized street construction takes place, or greenway or oversized public street.right-of-way is.conveyed to the public, the owner is responsible for application to the City for reimbursement allowed by Code. Reimbursement takes place once a year in ,January; a written request must be filed with the Planning Department for greenway and street right-of-way; and in the Engineering Department for street construction; by the first working day in November each year. SPECIAL NOTE: If you will be storing hazardous materials on site, you may be required to comply with the Wake County Lock Box Ordinance, which requires installation of a hazardous materials storage box. Contact Emergency Management (856-6480). i OFFICIAL AINUIES: Minutes of the City Council meeting approving this plan generally are available approximately two weeks after the meeting date and can be obtained by contacting the City Clerk's Office at 890-3040, or by searching the on-line Council minutes on the City's World Wide Web page at www.raleigh-nc.org. This letter represents the official notification of the action of the Council. Please do not-hesitate to call me or the planner coordinating the review of your project if you are unsure of how to satisfy conditions, or if you have any other questions about this preliminary plan. Sincerely, Daniel A. Howe, ASLA, AICP Development Plans Administrator CA Number: 670 CERTIFIED ACTION OF THE CITY OF RALEIGH PLANNING COMMISSION SUBJECT: GH-11-98 Sunnybrook Village Apartments CROSS-REFERENCE FILE NUMBER: The subject property was a portion of a larger tract which received preliminary subdivision approval on January 17, 1984 (S-134-83); the subject lot being legally created by plat on June 9, 1986. A preliminary site plan for 201 residential condominiums on the subject property was approved on August 7, 1984 (PA-215/S-100-84); the preliminary site plan becoming null and void three years later (August 7, 1987) when final site plan drawings or building permit applications were not submitted to the City. LOCATION: This site is located east of Sunnybrook Road, on the west side of Michael J. Smith Lane, between Carl Sandburg Court and Sungate Boulevard, inside the City Limits. REQUEST: This request is to approve a group housing development of 234 units in 14 buildings on a 9.84 acre site, zoned 0&1-2. The overall residential density is 23.78 units per acre. RECOMMENDATION: That this request be approved, according to a map drawn by McNeely Associates, dated 12/21/98, owned by Providence Development Group, in accordance with the administrative conditions outlined in the Staff Report attached to the Certified Action. FINDINGS AND REASONS UPON WHICH THIS RECOMMENDATION IS BASED: The Planning Commission finds that this request, with the above conditions being met, conforms to Code requirements of Chapter 2, Part 10, §§10-2103, 10-2132.2, 10-2036; Chapter 3, Part 10, §§10-3001-3059. Motion: Hunt Second: Thomas In Favor: Harvey, Brandle, Hunt, Jurgensen, Kekas, Taliaferro, Thomas, Thompson, Trotter, Walker Opposed: Excused: This document is a true and accurate statement of the findings and recommendations of the Planning Commission. Approval of this document incorporates all of the findings of the staff report attached. Signed: Signed: To Planning Commission: 1/12/99 Certified Action Number: 670 Staff Coordinator: Greg Hallam 1 CA Number: 670 k STAFF REPORT - NON-RESIDENTIAL SITE PLANS DEVELOPMENT PLANS REVIEW GROUP RECOMMNDATION: That this plan conforms to Code requirements of Chapter 2, Part 10, §§10-2103, 10-2132.2, 10-2036; Chapter 3, Part 10, §§10-3001-3059, and that this plan be approved in accordance with the following actions: Administrative Actions: Conditions that are to be met prior to approval of construction drawings: (1) That a revised utility plan be submitted which extends sanitary sewer service to any adjacent property where sewer is not currently available, or, that evidence be provided showing that sanitary sewer is currently available to all adjacent properties; (2) That a revised plan be submitted which shows any State-required Riparian Buffers, or, that a letter be submitted from the State Division of Water Quality stating that the Neuse River Nutrient Sensitive Regulations are not applicable to the project; (3) That the construction drawings for the private street intersecting with Sungate Boulevard on the western edge of the site show the required "No Parking" signage and markings for both sides of the private street where parking is not being provided; (4) That the City Council approve the proposed sanitary sewer Easement exchange; Conditions that are to be met prior to issuance of grading permits, or any other construction permit in the inspections Department: (5) That a tree preservation plan for the existing trees proposed to be protected be approved, and that all tree protective measures be installed and inspected by the Zoning Inspector; Conditions that are to be met prior to issuance of building permits in the Inspections Department: (6) That construction drawings for the internal drives shown on the preliminary plan and required to be constructed to private street standards are approved; (7) That a petition for annexation into the City Limits be submitted in accordance with City Council policy for extension of utility service to properties currently outside of the City Limits. This voluntary annexation in no way obligates the City to extend utility services to the property; 2 CA Number: 670 The project perimeter equals 2,940 linear feet, requiring 588 caliper inches within the designated ungraded area. As stated earlier, 75% of this total..(441 caliper inches) must be from trees greater than 5-inch caliper. The balance of the requirement may be from existing trees between 2-inch and 5-inch caliper or new tree plantings, a minimum of 3.5-inch caliper in size. OPEN SPACE: Conforms to minimum Code requirement: 1.18 acres or 12% required, 1.22 acres or 12.5% provided. FIRE PROTECTION: The preliminary plan conforms to all requirements of Code Section 10-2103(g)(1). COMPREHENSIVE PLAN GREENWAY: There is no designated greenway on this site. THOROUGHFARE / COLLECTOR STREET PLAN: Sufficient right-of-way exists on adjacent streets. URBAN FORM: This site is located in the Southeast Planning District, and is located within the Wake Medical Center Employment Area. STANDARDS PUBLIC UTILITIES: City water is available to this site and all lines necessary to serve this project shall be installed by the developer in conformance with City standards and policies. City sewer is available to this site and all lines necessary to serve this project shall be installed by the developer in conformance with City standards and policies. A petition for annexation is required by City Council policy for this development which is requesting service by the municipal utility system. Because this development is currently outside the City Limits, a condition of approval of any annexation will be that the City is not responsible for extending utility service to this site. Prior to construction drawing approval, a revised utility plan shall be required to be submitted which extends sanitary sewer service to all adjacent properties, or, that evidence be provided which shows that sewer is currently available to all adjacent properties. REFUSE DISPOSAL: Location and design of collection facilities, as approved by the Sanitation Division of the Public Works Department, shall meet City standards. CIRCULATION: Existing streets conform to City standards. Private streets shown for this development are to be constructed to City standards. 4 A y gi T W c?a s.w.ure ewn Y p { S City of Raleigh.., North GH- 11 -98 A Sunnybrook Vi H age 1-z427. MCFARLINGE 11/12/98 &dWftfAml apftW n.. is fvr P.71.14. MI OW .a p QOWAd IrM w ...e .r.A..l...vaw Tlr a Uft' rr.w io fv ..e. Ma tlr r.? W M..e J , if 1 l uff P111111 lip; i' I 1 ji Q I fi. ' - { 1 j fir 1 / ) j41 t; L as I t as Hdq lfj3ie'I L- ,I s jys Y? e : i1 j ?{ ?; Milt e ! t t>< s? =?ssi? fi 1 86 4 3 ? K ? ? w 0 I • a 1 41# ? II (??? /,• ?? t? II 1 I l i d MI F- sf J y - - 6-" L4u C x Mops and databases are public information suppled by various government agencies. The author aid/or Ma E seller of the software program, are in no way rA F911 iple or liable for the information depicted i hareirG inquiries concerning the data should be 0 164 329 493 658 1318 irected to the appropriate government agency. i ' Scale ' Nov OV 3. 1998 in Feet City Of CRaleigh November 13, 1985 9Yorth Carolina Mr. Dayle Phillips ' Post Office Drawer 30126 Raleigh, North Carolina 27622 Dear Mr. Phillips: This is to advise you that a final inspection has been made'in Sunnybrook Village. This inspection was made of the streets, water mains, sanitary sewer .mains and sidewalks at the following locations and were found to have been completed according to the City of Raleigh standards and specifications and are now accepted by the City of Raleigh for continuous maintenance. STREETS Brook Crossing 1615 + of-4-1T back to back on a 60' right of way with sidewalks from Sunnybrook Road east to dead end. Woodduck Lane 778 of 41 back to back on a 60' right of way with sidewalk from Brook Crossing to Sunnycreek Crossing. Sunnycreek Crossing 1628' of 41' back to back on a 60' right 6 way with sidewalk from Sunnycreek Crossing ease to dead end. Sunn brook Road 290 ± of 1/2 of 65' back to back at Brook Crossing. 360' ± of 1/2 of 65' back to back at Sunnycreek Crossing. Stone moss Drive 70 ± of 41 back to back from Sunnycreek Crossing south to dead end. WATER Sunnycreek crossing 1630' + of 12" ductile iron pipe from Sunnybrook Road east to valve and blow off at dead end. OFFICES - 222 WEST b1ARGETT STRFFT . RALEIGH, NORTH CAROLINA 27602 k Mr.., Dayle Phillips Final Inspection - Sunnybrook Village November 13, 1985 Page 2 Stone.ymoss Drive 90' ± of ductile iron pipe from Sunnycreek Crossing to valve and blow off at dead end. Brook .Crossing 1620' + of 12t' ductile iron pipe from Sunnybrook Road to valve and blow off at dead end. Woodduck Lane 780 + of 8' ductile iron pipe from Brook Crossing to Sunnycreek Crossing. SEWER Sunnycreek Crossing 1300' + of 8 PVC from manhole #1 at Sunnybrook Road to manhole #6 246' + of 8" PVC from manhole #12 in Sunnycreek Crossing south to dead end manhole #13. 140' ± of 8" ductile iron pipe from manhole #6 to manhole #12. WITHIN EASEMENT 873' + of 8" PVC from manhole #18 at Sunnybrook Road to manhole #7 at Woodduck Lane and Sunnycreek Crossing. 85' ± of 8" ductile iron pipe from manhole #9 in Sunnybrook Crossing to manhole #19. This acceptance is subject to a one year guarantee against failure because of faulty workmanship or materials. Sincerely yours, ep W. Beane Acting Chi Engine -C-Z Lynn Baird Public Works Director m rl S as Pub is lities Director g ? Jarvis Lawrence Inspector JWB/mng Caity Of sleigh 5Vorth Carolina November 12, 1986 Dayle Phillips Post Office Box 30126 Raleigh, North Carolina 27622 Dear Sir: This is to advise you that the one year warranty inspection has been made at Sunnybrook Village for streets, water main and sanitary sewer mains and no items were found to be deficient. Sincerely, - E. R. Batten Construction Inspector CE/17gh31 cc: Chief Engineer Jarvis Laurence, Inspector Room 509 .a i OFFICES • 222 WEST HARGETT STREET • RALEIGH, NORTH CAROLINA 27602 1 Ira ITO '? ra .. y. I IV: Maps and databases are public information supplied by various government agenelea. The author and/or MapVUE seller of the software program are in no way responsible or liable for the information depicted herairr Inquiries concerning the data MUMM be 0 W 329 493 6.58 NOV 3. Ills directed to the appropriate government agency. Scale in Feet City Of (Raleigh November 13, 1985 .Worth Carolina Mr. Dayle Phillips Post Office Drawer 30126 Raleigh, North Carolina 27622 Dear Mr. Phillips: This is to advise you that a final inspection has been made in Sunnybrook Village. This inspection was made of the streets, water mains, sanitary sewer mains and sidewalks at the following locations and were found to have been completed according to the City of Raleigh standards and specifications and are now accepted by the City of Raleigh for continuous maintenance. STREETS Brook Crossing 1615 ± of 41' back to back on a 60' right of way with sidewalks from Sunnybrook Road east to dead end. Woodduck Lane 778of 41 back to back on a 60' right of way with sidewalk from Brook Crossing to Sunnycreek Crossing. Sunnycreek Crossing 1628' of 41' back to back on a 60' right b way with sidewalk from Sunnycreek Crossing ease to dead end. Sunnybrook Road 290' ± of 1/2 of 65' back to back at Brook Crossing. 360' + of 1/2 of 65' back to back at Sunnycreek Crossing. Stoneymoss Drive 70' + of 41 back to back from Sunnycreek Crossing south to dead end. WATER Sunnycreek crossing 1630' + of 12" ductile iron pipe from Sunnybrook Road east to valve and blow off at dead end. OFFICES • 222 WEST HARGETT STREET . RALEIGH, NORTH CAROLINA 27602 Mr, Dayle Phillips Final Inspection - Sunnybrook Village . November 13, 1985 'Page 2 Stone.ymoss Drive 90' + of 8' ductile iron pipe from Sunnycreek Crossing to valve and blow off at dead end. Brook Crossing 1620' + of 12" ductile iron pipe from Sunnybrook Road to valve and blow off at dead end. Woodduck Lane 780' + of 8" ductile iron pipe from Brook Crossing to Sunnycreek Crossing. SEWER Sunnycreek Crossing 1300' + of 8" PVC from manhole #1 at Sunnybrook Road to manhole #6 246' + of 8" PVC from manhole #12 in Sunnycreek Crossing south to dead end manhole #13. 140' + of 8" ductile iron pipe from manhole #6 to manhole #12. WITHIN EASEMENT 873' + of 8" PVC from manhole #18 at Sunnybrook Road to manhole #7 at Woodduck Lane and Sunnycreek Crossing. 85' + of 8" ductile-iron pipe from manhole #9 in Sunnybrook Crossing to manhole #19. This acceptance is subject to a one year guarantee against failure because of faulty workmanship or materials. Sincerely yours, ep W. Beane Acting Chime En?ine Lynn Baird Public Works Director Carl S' m s Public ilities Director K mot- Jarvis Lawrence \ Inspector JWB/mng City, Of 6i aleigh Vorth Carolina November 12, 1986 Dayle Phillips Post Office Box 30126 Raleigh, North Carolina 27622 Dear Sir: This is to advise you that the one year warranty inspection has been made at Sunnybrook Village for streets, water main and sanitary sewer mains and no items were found to be deficient. Sincerely, _ E. R. Batten Construction Inspector CE/17gh31 cc: Chief Engineer Jarvis Laurence, Inspector Room 509 .4 i OFFICES • 222 WEST HARGETT STREET • RALEIGH, NORTH CAROLINA 27602 -•-to•o M?lA??jIM?M ?TMJ?ISM JOINT 11MA t GLiFRb t G?ITT?R 1S/L?? 11 p? yGaf,T?oT ".' 1•" VIP. §04W Ga1?G• Rvolirllw ' a . a,i l,zv Mll/"T 8i Gd.s.. 1Paat¢V I60 16J 61ALd. 64wwr .1 w4, T '? W4•(Abb 44nJs dfWuJA+ ° ? Waoy QAIDGfe ??6G•MN ?Ta ? 07 Mirk.. 25 pRl?/II`a?a '(Y?'IGa?- °- 0 Fat,?ira?4 g-r,???oav Zy'R ? ?df?alGar'?''?? access - S 02° 11 17 ° E ---- -,N UJI ZZ, Sa°I5F niGO N I y95, it . 0 a I G 1 G•2 \ I D fit,. . G 11 G t2 \ I 5? a,5° 3 bog `p G % 3 •21 G-22 \ , cA 7.. 1 oeT"U•olr i _ G . 3 1 ' ° - ' G • 13 \?\GE Ica E ? 5poc? ? N f ' m ?11L :'•..'r0 \ N G 23 I \ 6'' ?, 22 G 4 tY i ?l : h ro G, 14 , 2 U y/? G 24 At ?\? / a \j ?? \ o 4 t ?.5 1 55 ° ?... ?' 2a .. 0 i j4 G 6 G. 5 ?o • 5? ?, . 1? o- 0.16 G•15 V 25 ?h1\0h• j ?6•26 G•25 ro V 3? 3 • nn ! _ uQ 0 4 \ ? h?623Z7 , Gj ?' ti \ 4C ( ? ? i ti Q • <v .?? ti'ti 1 IT Q QQ• ? ..?) ? aQ. ok?? ?,?? ??'?' \• ?? N 41 Its :1-; ?o? lke? ' ?L \ r ?ti ? 14`31 151 Q ?• ?? \ ?2 N / / 1i f 2 •??' `?' \a c \Z 7j •.NC? '?? I ? I Oil Wd z2 03 5i tqu --? 4 87°41431 W ?' \ \ \ zgg4 PHASE 3 ` I 2 89? - z Zo.SoPNASE 1 s B74 ?' 1 ZO.Blp? N02°11' 17 W 674.53` 00.22 I Phase Accm Eff 1BR 2BR Total units Regd. _paxkL Parking_ provided Req,d. -Open Space2 **Oc?en Space provided 25/x54,725 ** 9.61units/acreit 0 4 1/112 ?7 -2Z/22 2/22 5227,2/ 5,22 22,599/22,599 0 4 8 12/24 22/44 23/45 5,227.2/10,454.4 11,349/33,948 26,085/ 80,810 12.9 units/acre 1 8 8 17/41 29/73 34/79 7,405.2/17,859.6 12,078/46,026 35,016/115,826 15.4 units/acre 2 22 16 40/81 67/140 63/142 17,424.0/35,283.6 0/46,026 70,260/1@6,086 19.0 units/acre PROPER 0 6 12 18/99 33/173 113/176 7,840.8/43,124.4 0/46,026 26,739/212,825 20.3 units/acre Curve P-1 Eff 1BR 2BR 'total units ReqId. parking Parking provided !RL d. Open S? 8 8 ** en S 5e provided Pha 41ar49,_?_*M Accmulativtesdensity P-3 40. 491 15.9 24/16,245 2 g g -18/18 3:a 30e%30 P-4 2 8 8 18/36 30/60 30/60 7,840.8/15,681.6 8,325/24,570 31,060/ 80,401 19.5 units/acre P-5 I 11 ieR 19/74 19/79 5,227.2/20,908.8 15,220/29,790 27,994/108,395 19.3 units/acre ewe.., cne "Al _979/114Q.771 18.7 units/acre amom ?? 40M Oft V • Wf? . • • . 10 J 40 ?3 I.- A71 [ p 32, '. i I r •?.? J 'I. a'. . ..'+ 1• r ?ti • 41 \ •ti•f O • I k ? 1 t Aj 3 p ••??? Maio ! ay 7 ., • • • sa• o FfoT I/N ?uF KN pVVa N ? 01 tirAN of OUPPOR 'f•o g5 \N p a THp?T Mo?`? T C-15 ?Al?/ ?r 5m?•? Srlee. O• . a:? r ° ? C M In T specified- > +Q? ' q+ M 419.5" N z 0 W 90e- r? i _14rS~ -I ` ? °0 3-4a Mrni._?I q I ? r m o CA N ate: is symbol is to be pointed in each' space reserved z 3 8 r the handicapped. x x a ?1 d b l d il - U tappe access sym o eta : not to scale e«rar , ,, I I ?i6 05 I a 31.31 ,s 3?\ I? 5-a? -- r'W l M ?? ? • PPCH/lF?f,?ii •= U V 7FTal L r10?? ?Ie:??IcaP?lc?_v??.?? Rw?1P t rA Cn N handrail use I -- V2 "tubular steel , 10 go. , 2.5 Ib/ f t , 6 R use (1) coot rust inhibitor (2 ) finish coots with N tI? , block exterior enamel. Handrail is installed on right i id l ) Z e (go y. s ng up on r etN ?, 0 top elevation '? no. 4 + bar each see Plan r' ?,Z ° 5 1/2" 9 nosing , hold ends to ' 5 3 clear concrete cover /2 E/J RR t 13 lyp. n . M co Oct ea?t r " •'' rp r .? .•°. bottom elevation ses i n ' ° 6x6,WI.4 x W1.4 welded p o :Z / E wire fabric 1. I 2 J no.4 ? ,.i. • N \ concrete steps 676P not to scale e" / `I <,9 ti J o? ?Vr? r Ems, K .0 y 0, 9i S, / i Z?4. ?? ti rr ? \ A? 'U y gJS y. d AF ytiy s+ .? t: cco N 06 U ? 05 D N ip M O Q Z J w Q I, I V ?I II w O T ??iRR V Uj I? ? Q . cc erg ti 1~rlve ~tia~/ J- Sm~'tti P~r~" _ . \ n,_ i^ _ _ - :.e~-~_ \ ~ - I v::: > 1J ; ~s ' \ \ \ \ 1 o ~ S \ , . ~ 'X ' ~ ~ ,o d~ ~ ~ ~ ~ ~ ~~~ZO R~,A~ ~ ~J 3a. tap ~r~ I~ ~ \ 4.~. ~ ~ > ~ ~ ~ . O.. ~ `9, 1 _ ~ O l S iJ , r •.~ha I ~ C~ . Q.~. ~ :.~s~ .2 N ~ ~ ~ R 1 V ~ R o Zo 40 9o FtE1 FZ~PAf~t~.t~l BuF~ER Pl.•a'~ . ~~N~ ~,An~ENT PUFFER P~~ED ON G~IFERENGE WrTN PNC~ .1LtN~'1~O1 QP~^ O ~I P r:.f,.,.-~,-.. Zoi MvrzGIN of N ~NJECoETA'I'~~ P~PT.MA~NENT~~~ TrfEN ~JEG Z,,QE4 THAT MA ORI CAIN AL (I qB McNeely Associates pa 'HST Mvy NOT dE GK'TU D , (IqB~ 51-fE P~~ P~UFFE2 landscape architects & planning consultants PO Drawer 30126 • Raleigh, NC 27622 • (919) 782.9677 ~~~o%LOOI