Agenda #2
memorandum
to: Roger L. Stancil, Town Manager
FROM: J. B. Culpepper, Planning Director
Gene Poveromo, Development Coordinator
subject: Public Hearing: Fairway Hill Subdivision – Application for Preliminary Plat Approval (File No. 9798-67-4341)
date: October 18, 2006
We have received a request for Preliminary Plat approval of the Fairway Hill Subdivision. The 5.1-acre site is located on the east side of Pinehurst Drive between Burning Tree Drive and Driskel Court. The applicant proposes a new street and four residential lots with access from Pinehurst Drive. The site is located in the Residential-1 (R-1) zoning district, and a portion of the site contains a Resource Conservation District. The property is identified as Orange County PIN 9798-67-4341.
Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of the application as the Council determines appropriate requirements to include as conditions of approval.
PROCESS
This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
This is an application for a Preliminary Plat approval. The Land Use Management Ordinance requires the Town Manager to conduct an evaluation of a Preliminary Plat application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Town standards; we have presented a report to the Planning Board; and tonight we submit our report and preliminary recommendation to the Council.
Review of subdivision proposals differs from review of Special Use Permits in that the question of compliance with regulations and standards is the basis for approval or denial, rather than the four findings of fact listed in Section 4.5.2 of the Land Use Management Ordinance. However, the Council’s review and action on a subdivision is quasi-judicial, with sworn testimony and evidence entered into the record. Please see the attached summary of key differences between legislative and quasi-judicial zoning decisions, prepared by Mr. David Owens of the School of Government.
The standard of review and approval of a Preliminary Plat application involves comparing the application with the regulations and standards in the Land Use Management Ordinance. The review typically focuses on vehicular and pedestrian access and circulation, traffic impact, public improvements, lot standards, stormwater management, and recreation area.
Information regarding this application will be presented at tonight’s Public Hearing. The Land Use Management Ordinance directs that if, after consideration of the information, the Council decides that the application meets all the Land Use Management Ordinance requirements, the application must be approved. If the Council decides that the application does not meet all the Land Use Management Ordinance requirements, the application accordingly must be denied.
BACKGROUND
A Concept Plan review of this application was conducted by the Community Design Commission on November 16, 2005. The Town Council conducted a Concept Plan Review on February 20, 2006. Please see the attached summary and minutes.
The application is for approval of a Preliminary Plat to subdivide 5.1 acres. The applicant is proposing to dedicate a new street and create four lots. The site is located on the east side of Pinehurst Drive between Burning Tree Drive and Driskel Court. Access is proposed from a new subdivision street off Pinehurst Drive. The applicant has proposed to provide recreation area on-site. The site is located in the Residential-1 (R-1) zoning district and a portion of the site includes a Resource Conservation District. The property is located in Orange County and is identified as PIN 9798-67-4341.
We have evaluated the application regarding its compliance with the subdivision standards and regulations of the Town’s Land Use Management Ordinance. Based on our evaluation, our preliminary recommendation is that the application, as submitted, complies with the regulations and standards of the Land Use Management Ordinance and Design Manual, with the conditions in Resolution A.
The Council may find that the proposal meets the subdivision regulations and other pertinent Town regulations, or may find that the proposal does not meet the regulations. Please refer to the attached Staff Report for detail on compliance with subdivision regulations.
Tonight, the Council receives our attached evaluation, and also receives information submitted by the applicant and citizens. The applicant’s materials are included as attachments to this memorandum. All information that is submitted at the hearing will be included in the record.
Based on our evaluation and comments received from Advisory Boards, we believe that the key issues are the proposed new intersection on Pinehurst Drive, existing stormwater conditions, recreation area, and the pedestrian/bicycle path connection to the Meadowmont soccer field:
Intersection on Pinehurst Drive: The applicant is proposing to locate the new subdivision roadway at the southern portion of the site frontage on Pinehurst Drive. At the Planning Board meeting, citizens and Planning Board members expressed concern about sight distance issues at the proposed intersection with Pinehurst Drive. A neighbor also expressed concern with the proposed road location and its impact on stormwater.
Comment: The Town’s Engineering Department conducted a sight distance study for a future intersection on Pinehurst Drive at the site of the proposed subdivision. Based on the results of that study, we recommend that the proposed street intersect with Pinehurst Drive near the north property line. With respect to the road location and stormwater, the Engineering Department does not see significant stormwater management issues that would materially differentiate regardless of the street alignment on Pinehurst Drive.
Resolution A includes a stipulation recommending that the proposed new subdivision street intersection on Pinehurst Drive be relocated near the northern property line.
Stormwater: At the Planning Board meeting, an adjoining property owner presented information concerning flooding and stormwater issues in the surrounding neighborhood. This citizen expressed concern regarding the impacts of the proposed development as it relates to increase flooding.
Comment: The Town staff is aware of this issue and has initiated an investigation. We believe that the stormwater problems described by the citizen are related to development located upstream from the proposed development. The Town’s Stormwater Management Engineer corresponded with a neighbor in the Meadowmont development concerning this issue. Please see attached memorandum from the Stormwater Engineer for more information (Attachment 11).
Pedestrian/Bicycle Path Connection to Meadowmont Soccer Field: During the review of the application by the Planning Board and Parks and Recreation Commission, there was discussion regarding the location of the proposed pedestrian/bicycle path. Both advisory boards agreed that the preferred location of the path is between lot 2 and 3 instead of the proposed location along the southern and eastern property line.
Comment: Because a path between lots 2 and 3 is easily accessible from the proposed sidewalk at the end of the cul-de-sac, and is a shorter pathway to the soccer field, we believe that this location is more desirable to users than the proposed path along the southern and eastern property lines. Relocating this proposed path between these lots also locates the path closer to a proposed pedestrian connection to the Aquabella Subdivision (between lots 3 and 4 of the Fairway Hill Subdivision). Resolution A includes a stipulation requiring that, in lieu of a pedestrian/bicycle path along the south and east property lines, the applicant construct a 5-foot wide pedestrian/bicycle path (approximately 1,600 square feet in land area) to the Meadowmont Soccer Field, between proposed lots 2 and 3, prior to the issuance of the first Certificate of Occupancy.
Recreation Area: The applicant is proposing to provide the 16,591 square feet of required recreation area on-site at the entrance to the subdivision (identified as Open Space on the site plan).
Comment: Section 5.5.2 of the Land Use Management Ordinance requires that land to be provided for recreation area be outside the Resource Conservation District, relatively flat and dry, capable of accommodating active recreation uses. The proposed recreation area at the entrance to the subdivision contains a 30-foot stormwater drainageway and 7,428 square feet of Resource Conservation District land. We do not believe that this proposed recreation area meets the requirements of the Land Use Management Ordinance. Resolution A includes a stipulation that the applicant provide a payment-in-lieu of recreation area. Resolution A also includes a stipulation that the payment-in-lieu be reduced by a proportional amount based on the recreation area (approximately 3,000 square feet of land area) associated with the two pedestrian/bicycle paths.
Town approval of a subdivision proposal requires that the Council determine that the proposal meets the regulations of the Land Use Management Ordinance.
SUBSEQUENT REGULATORY STEPS
Following is a brief outline describing the next steps in the development review process, should the Council approve the Preliminary Plat application:
RECOMMENDATIONS
Stipulations added to Resolution A, the Preliminary Staff Recommendation:
Following Advisory Boards’ review of the application, the following recommendations were included in Resolution A, the preliminary recommendation:
Pedestrian Path to Meadowmont Soccer Field: That in lieu of the proposed pedestrian path along the south and east property lines, the applicant shall construct a 5-foot wide pervious surface improved footpath, or alternate path as approved by the Town Manager, between lots 2 and 3. That the construction of the path involve minimal land disturbance. That the final location and design of the path shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. That the construction of the path be inspected and approved by the Town prior to the issuance of the first Certificate of Occupancy.
Comment: Please refer to the Key Issues section of this memorandum for additional discussion on this subject.
On-site Recreation Area: That the land area associated with the two proposed 5-foot wide pedestrian paths, (approximately 2,967 square feet) shall be considered suitable recreation area as defined by the Land Use Management Ordinance.
Comment: The Planning Board included the above stipulation in Resolution A. We concur. We believe the proposed pedestrian pathways meet the Land Use Management Ordinance definition for suitable recreation area.
Payment-in-Lieu for Recreation Area: That the applicant provide a payment-in-lieu for the required recreation area for this development. The payment amount shall be reviewed and approved by the Town Manager in accordance with the Land Use Management Ordinance, Section 5.5.2. That the square footage associated with the two proposed 5-foot wide pedestrian paths shall be considered suitable recreation area and counted toward reducing the required payment-in-lieu. The recreation payment shall be submitted to the Town prior to recordation of the final plat.
Comment: The Planning Board included the above stipulation in Resolution A. We concur. We believe that the applicant should provide a payment-in-lieu for recreation space with partial credit given for the proposed pedestrian pathways.
Alternative Landscape Buffer: That in lieu of providing a 20-foot Type “C” buffer, an alternate buffer may be allowed between the proposed development and the Chapel Hill Country Club. That the details for the alternate landscape buffer shall be reviewed and approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.
Comment: The Planning Board included the above stipulation in Resolution A. We concur.
Advisory Board Recommendations not incorporated into Resolution A, the Preliminary Staff Recommendation:
Following Advisory Boards review of the application, the following stipulations were recommended for Resolution A. These recommendations were not incorporated into Resolution A.
Pinehurst Drive Intersection: That the new subdivision roadway intersect with Pinehurst Drive in the middle of the property.
Comment: The Planning Board recommended the new intersection be placed in the middle of the frontage along Pinehurst Drive. We do not concur with this recommendation. Please see the Key Issue section of this memorandum.
Payment-in-Lieu for Recreation Requirement: That the applicant provide a payment-in-lieu of providing 16,591 square feet of recreation area for this development. The payment amount shall be reviewed and approved by the Town Manager in accordance with Land Use Management Ordinance, Section 5.5.2. The recreation payment amount shall be submitted to the Town prior to recordation of the final plat.
Comment: The Parks and Recreation Commission recommended that the applicant provide a payment-in-lieu for the entire recreation area and that the applicant also relocate the pedestrian pathway along the southern property line of the site. We do not concur with the full payment-in-lieu for recreation area. We recommend partial credit for the two proposed pathways. We agree with the Commission that the path should be relocated.
Recommendations from Advisory Boards and Staff are summarized below:
Planning Board: The Planning Board reviewed this subdivision on September 5, 2006 and October 3, 2006. The Board voted 8-0 to recommend that the Council approve the application with the adoption of Resolution B. Please see the attached Summary of Planning Board Action.
Transportation Board: The Transportation Board will review this application on October 12. The Summary of Transportation Board Action will be provided when it is available.
Parks and Recreation Commission: The Parks and Recreation Commission reviewed this subdivision proposal on September 15, 2006. The Commission voted 10-0 to recommend that the Council approve the application with the adoption of Resolution C. Please see attached Summary of Parks and Recreation Commission Action.
Bicycle and Pedestrian Advisory Board: The Bicycle and Pedestrian Advisory Board will review this application on October 24. The Summary of Bicycle and Pedestrian Advisory Board will be provided when it is available.
Preliminary Staff Recommendation: Our preliminary recommendation is that the Council approves the Preliminary Plat application with the conditions listed in Resolution A.
Following tonight’s Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application.
Resolution D would deny the application.
Fairway Hill Subdivision
Preliminary Plat
DIFFERENCES AMONG RESOLUTIONS
|
ISSUE |
Preliminary Staff Recommendation
|
Planning Board Recommendation |
Parks and Rec. Commission Recommendation |
|
Pinehurst Drive Intersection |
Near the northern property line |
At the existing driveway curb cut |
* (applicant proposes near the southern property line) |
|
Pedestrian/bicycle path improved Recreation Area |
Yes (credit towards payment-in-lieu) |
Yes (credit towards payment-in-lieu) |
No (provide full payment-in-lieu) |
|
Alternative Buffer along Chapel Hill Country Club property |
Yes |
Yes |
* |
* Issue was not discussed at this particular meeting and is therefore not included in this Resolution.
ATTACHMENTS
