AGENDA #5f
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Report of Activity at Creekside Subdivision
DATE: February 9, 2004
This report responds to Council questions from January 28, 2004, asking about recent activity at Creekside Subdivision and about Resource Conservation District regulations. Creekside Subdivision was approved by the Town Council last spring. The 9-lot subdivision is located on Morgan Creek Road adjacent to Morgan Creek. Construction of the new cul-de-sac and associated infrastructure has begun. We have inspected the site and conclude that construction activity is proceeding as authorized.
April 14, 2003 Town Council approved the Creekside Subdivision. The adopted resolution of approval is included here as Attachment 1.
November 26, 2003 Town staff issued a Zoning Compliance Permit authorizing site work in accordance with the Council’s conditions of approval.
January 28, 2004 Council members asked about construction at the site.
DISCUSSION
Review of Construction Activity: At the January 28 Council meeting, Council members referred to an email message prepared by Mr. Johnny Randall, sent on January 25, 2004, which stated that the following activity was occurring on the Creekside site, in areas that were to be protected: “cutting both dead and living trees, piling chips, and general undergrowth disturbance.” A copy of the email message is attached.
We have been monitoring activity on the site closely since the commencement of construction activities, and are aware of the areas where trees are being removed, and where land disturbance is occurring. Tree protection fencing was installed prior to work on this site, identifying areas where no construction activity is permitted.
Trees have been cleared as part of construction of streets and utilities, in areas authorized for disturbance. Town rules do not permit open burning of such cleared vegetation. The options for removal of such material are to chip the material on-site and spread the chips as ground cover, or to haul material to the landfill. We routinely encourage chipping as the most environmentally friendly solution to disposal of this material, and the Creekside developer has agreed to this request. Accordingly, wood chips have been spread on the site. After inspecting the site, our conclusion is that the chips have not resulted in damage to any protected area. We routinely encourage the cutting of dead trees in the general area of a construction site.
All construction activity has been taking place in accordance with approved plans, and areas that are designated on approved plans for preservation are being protected.
We also attach a response to Mr. Randall’s email message from the Creekside developer, and a follow-up email from Mr. Randall subsequent to a site walk with Town staff.
Review of Resource Conservation District Provisions: At the January 28 meeting, a Council member asked for further discussion to clarify to what extent clearing is permitted within 50 feet of a stream (“streamside” zone of the RCD). Specifically, a question was raised about the extent to which dead vegetation may be removed.
There is no provision in any section of the Land Use Management Ordinance that would preclude a private property owner from removing dead vegetation from his/her property. As we have considered this question, our preliminary conclusion is that there are situations where a prohibition against the removal of dead vegetation could be problematic. Among the situations where removal of dead vegetation would be desirable include:
The Council may wish to discuss whether or not to revisit provisions of the Resource Conservation District to limit clearing of dead/damaged vegetation.
We have inspected the Creekside site and conclude that construction activity on the site is proceeding as expected and in accordance with the approved plans. We inspect construction activity regularly, and are not aware of any violations on the property. The developer continues to be responsive to neighbors concerns. We will advise of the Town Council if this changes.
ATTACHMENTS
1. Resolution of Approval for Creekside Subdivision, adopted April 14, 2003 (p. 3).
2. Email message from Mr. Johnny Randall, dated January 25, 2004 (p. 10).
3. Email message from Mr. Warren Mitchell, dated January 28, 2004 (p. 11).
4. Email message from Mr. Johnny Randall, dated February 3, 2004 (p. 12).
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR CREEKSIDE SUBDIVISION (2003-04-14/R-9a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Creekside Subdivision, proposed by Curtis Hendrickson on the property identified as Chapel Hill Township Tax Map 70, Block D, Lot 5, (PIN #9787-59-6577) if developed according to the preliminary site plan dated November 13, 2001 and revised July 12, 2002, and the conditions listed below, would comply with the provisions of the Land Use Management Ordinance:
These findings are based on the following:
1. Expiration of Preliminary Plat: That this Preliminary Plat approval shall be valid for one year from the date of approval, subject to reapproval by the Town Manager in accordance with the provisions of the Land Use Management Ordinance.
2. Number of Lots: That this approval shall authorize the creation of no more than 9 lots on 11.29 acres and the lot boundaries and associated roadway construction shall be as indicated on the revised site plan, dated April 1, 2003, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.
3. Subdivision of Lots 1 and 11: That lots 1 and 11 (referred to as Lot 9 on the illustrative Preliminary Plat, dated April 1, 2003, shown to Council April 14, 2003) shall not be further subdivided at any time in the future and language to this effect shall appear on the recorded final subdivision plat and deed subject to approval by the Town Manager. This restriction shall be noted on any deed transferring the property.
4. Dedicated Right-of-Way Recordation: That all required dedicated right-of-way shall be shown on a recorded final plat, subject to approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.
5. On-Site Road Improvements: That the applicant build the 20-foot road cross-section to Town standard, as well as 3-foot wide shoulders, and 3-foot wide drainage swales, subject to approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.
6. Public Right-of-Way: That the road cross-section and shoulders shall be located inside dedicated public right-of-way and the road alignment shall reflect that shown on the April 1, 2003 revised site plan, subject to approval by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
7. Drainage Swale Easements: That the required drainage swales on both sides of the road shall be included inside 10-foot wide (or wider if necessary to accommodate swales due to terrain), dedicated, public stormwater drainage easements, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.
8. Conservation Area Requirements: That the applicant shall deed the land to the Botanical Garden Foundation, Inc., including approximately 43,560 square feet of conservation area in the southeastern part of the site, for preservation purposes, at the time of recordation of the final plat. This portion of the site is not intended for foot trails or recreation.
9. Town Pedestrian Easement: If the applicant provides any pedestrian points of access on site, a public access easement shall be recorded on the Homeowners’ Association recreation area and that the following users shall be entitled to use the recreation area: pedestrians, users of non-motorized vehicles, and motorized wheelchairs.
10. Pedestrian Trail Signage: If the applicant provides any pedestrian points of access on site, the applicant shall provide pedestrian trail signage identifying the trail. The signs shall comply with sign design standards contained in the Land Use Management Ordinance.
11. Removal of Trail on Lots 9, 10, and 11: That the applicant shall remove the proposed trail on Lots 9, 10, and part of 11.
Stipulations Related to Housing Issues
12. Small Houses: That the applicant shall provide 25% restricted floor area houses (2 homes) on site, no larger than 1,350 square feet each, that shall not be enlarged beyond 1,350 square feet each for 30 months after the issuance of the initial Certificate of Occupancy, regardless of ownership, and comply with all of the provisions in Section 3.8.5 of the Land Use Management Ordinance.
Stipulations Related to Landscaping and Architectural Issues
13. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees shall be removed and preserved and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Special attention shall be given to identifying and protecting significant stands of trees.
14. Tree Protection Fencing: That the limits of land disturbance with tree protection fencing shall be shown on the Landscape Protection Plan, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
15. Tree Protection: That the applicant shall preserve the 35” significant oak tree on the southern portion of Lot 1 (referred to as Lot 9 on the illustrative Preliminary Plat, dated April 1, 2003, shown to Council April 14, 2003). The applicant shall comply with regulations as specified by the Ordinance in place at the time of approval.
16. Critical Root Zones: That the applicant shall clearly indicate the critical root zones of the trees designated for protection in stipulation #14 on Final Plans.
17. Homeowners’ Association: That a Homeowners’ Association shall be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of common areas or easements, however designated. The Homeowners’ Association documents shall be approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and shall be cross-referenced on the final plat.
Stipulations Related to Environmental Issues
18. Resource Conservation District Boundaries: That the boundaries of the Resource Conservation District be indicated on the final plat and plan. A note shall be added to all final plats and plans, indicating, “Development shall be restricted within the Resource Conservation District in accordance with the Chapel Hill Land Use Management Ordinance.”
19. Protected Corridor along Western Drainage Channel: That a 50-foot corridor shall be identified on the final plans and final plat, on the western side of the site, with the same restrictions as a 50-foot Resource Conservation District corridor associated with an intermittent stream, for approximately 1,150 feet below Morgan Creek Road (on the east side of the drainage channel only), downstream towards Morgan Creek to the point of origin of the stream determined by the Town Manager to be a perennial stream.
20. Resource Conservation District Variances: That all variances necessary for development within the Resource Conservation District be obtained before application for Final Plat or Final Plan approval for the subject phase(s) of development.
21. The Resource Conservation District Buildable Lots: That no lot be created that would require a Resource Conservation District Variance in order to be built upon. In addition, for each lot it must be demonstrated that there is sufficient buildable area outside the Resource Conservation District, slopes of 25% or greater, vegetated buffers, other required landscape buffers, easements, and any applicable building setback limits.
22. Conservation Easements: That conservation easements shall be provided on lots 4 through 8 (referred to as lots 2 through 6 on the illustrative Preliminary Plat, dated April 1, 2003, shown to Council April 14, 2003). The conservation easement shall be that area defined by the Resource Conservation District or slopes that are 25% or greater, whichever is furthest away from the buildable area of each lot (i.e. downslope). The applicant shall provide a conservation easement document and final easement plat to be approved by the Town Manager, prior to recordation.
23. The Resource Conservation District Construction Standards: That for roadway encroachment into the Resource Conservation District, the requirements and standards of Section 3.6.3 of the Land Use Management Ordinance and all other applicable Resource Conservation District regulations must be adhered to, unless the application is granted administrative exemptions from provisions of Subsection 5.8.
All required erosion control sediment basins and stormwater improvements, outside the public right-of-way, including associated clearing and grading, shall be located entirely outside of the Resource Conservation District. All grading associated with the construction of a residence shall be located entirely outside of the Resource Conservation District.
24. Steep Slopes: That each submittal for Final Plan approval shall include a plan showing lots and street segments on slopes of 10% or more, and indicating how the development and construction will comply with the steep slopes regulations in the Land Use Management Ordinance:
· for slopes of 10 - 15%, site preparation techniques shall be used which minimize grading and site disturbance;
· for slopes of 15 - 25%, demonstrate specialized site design techniques and approaches for building and site preparation; and
· for slopes of 25% or greater, provide a detailed site analysis of soil conditions, hydrology, bedrock conditions, and other engineering or environmental aspects of the site.
Each Final Plan application shall demonstrate compliance with the steep slopes regulations in the Land Use Management Ordinance. The Town Manager shall decide if the proposed building and site engineering techniques are appropriate. These restrictions shall be referenced in the Homeowners’ Association documents.
25. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager. The plan shall be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate and the post-development stormwater runoff volume shall not exceed the pre-development volume for the local 2-year frequency, 24-hour duration storm event. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.
26. Integrated Management Practices: That the applicant shall employ Integrated Management Practices, such as vegetative filter strips, infiltration swales, reduced impervious surface, pervious pavements, infiltration trenches, bio-retention facilities, dry wells, cisterns, rain barrels, and level spreaders, to manage the rate, quality, and volume of runoff, based on best available information. Final design and locations shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. These stormwater management features shall not be permitted within approved landscaped bufferyard areas.
27. Water Quality Enhancement: That the applicant shall employ additional Integrated Management Practices, in addition to the proposed drainage swales, to ensure compliance with stormwater quality standards.
28. Storm Drainageway Easement: That all stormwater management improvements, outside public right-of-way, shall be located inside reserved storm drainageway easements, per Town guidelines, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
29. Stormwater Yard Inlet: That the applicant provide a standard yard inlet for the proposed storm drain, south of the cul-de-sac, between Lots 8 and 9.
30. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
31. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. That a performance guarantee be provided in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.
32. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
Stipulations Related to Utility and Service Issues
33. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, and for managing and minimizing construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
34. Utility/Lighting Plan Approval: That the final Utility/Lighting Plan be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.
35. Utility Line Placement: That all new utility lines shall be placed underground. The applicant shall indicate proposed off-site utility line routing and upgrades required to service the site on Final Plans, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
36. OWASA Easements: That easement documents as required by OWASA and the Town Manager be recorded concurrently with the final plat. That the final plat shall be approved by OWASA prior to Town Manager approval.
37. Fire
Flow: That a fire flow report, shall be prepared and sealed by a registered
professional engineer, and showing that flows meet the minimum requirements of
the Town Design
Manual, to be approved by the Town Manager prior to issuance of a Zoning
Compliance Permit.
38. Fire Hydrant Spacing: That maximum spacing between fire hydrants shall not exceed 500 feet, subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
39. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle traffic will be managed, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
40. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited unless it is demonstrated to the Town Manager or his designee that no reasonable alternative means are available for removal of the materials from the subject property. The Fire Marshall may establish safety standards, which must be met in order to receive a permit under this Article.
41. Plant Rescue: That the applicant consider conducting plant rescue activities on the site after the issuance of a Zoning Compliance Permit and prior to the start of construction. The applicant is encouraged to consult with the North Carolina Botanical Garden staff for prior to starting a plant rescue.
42. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Land Use Management Ordinance and the Design Manual.
43. As-Built Plans: That as-built plans in DXF binary format using State plane coordinates, shall be provided for street improvements and all other existing or proposed impervious surfaces prior to issuance of the first Certificate of Occupancy.
44. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.
That if the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and that a note to this effect shall be placed on the final plat.
45. Street Names and Addresses: That the name of the development and its streets and house numbers be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
46. Construction Sign: That the applicant shall post a construction sign that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Building Permit, prior to the commencement of any land disturbing activities. The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.
47. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
48. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Preliminary Plat for the Creekside Subdivision in accordance with the plans and conditions listed above.
This the 14th day of April, 2003.