RESOLUTION A
(Manager’s Revised Recommendation)
(Approving Application)
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR STARGATE SUBDIVISION (File No. 7.26..27E) (2006-01-09/R-16a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it find that the Stargate Subdivision, proposed by Ha Ngo, on the property identified as Chapel Hill Township Tax Map 26, Lot 27E, if developed according to the preliminary site plan dated July 28, 2004, revised June 27, 2005, 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 2 lots on 1.5 acres.
Required Improvements
3. Dedicated Right-of-Way Recordation: That one-half of an 80-foot right-of-way shall be dedicated along the site’s frontage on Weaver Dairy Road. The dedicated right-of-way shall be shown on a recorded final plat, subject to approval by the Town Manager.
4. Sidewalk Improvements: That a payment-in-lieu for future sidewalk construction, along the site’s Weaver Dairy Road frontage, be made to the Town of Chapel Hill prior to issuance of a Zoning Compliance Permit. That the amount shall be approved by the Town Manager based on a cost estimate as provided by the applicant and limited to $5,000.
5. Existing Access Easement: That the existing 15-foot wide gravel driveway shall be widened to a minimum width of 20 feet, from Weaver Dairy Road to the common property line between lots 1 and 2.
6. Proposed Access and Utility Easement: That prior to the issuance of a Zoning Compliance Permit the Town Manager shall review and approve an access and utility easement dedication. That the proposed 20-foot access and utility easement be referenced on the final plat. That the private property owner is responsible for the maintenance of this access easement.
7. Additional Curb-Cuts on Weaver Dairy Road Prohibited: That the final plans and the recorded subdivision plat include a note prohibiting additional curb-cuts along the site’s frontage on Weaver Dairy Road.
Stipulations Related to Recreation
8. Minimum Recreation Requirements: That prior to the issuance of a Zoning Compliance Permit, the applicant either provide a payment-in-lieu for the minimum 7,790 square feet of recreation area or provide the minimum 7,790 square feet of recreation area. The payment amount shall be approved by the Town Manager in accordance with Land Use Management Ordinance, Section 5.5.2, or subsequent ordinance revisions as approved by the Town Council. If the applicant provides dedication of recreation area, the Council hereby exempts the applicant from the suitability of land requirement in accordance with Section 5.5.2 of the Land Use Management Ordinance.
9. Dedication of Recreation Area: That if the applicant dedicates recreation area, the applicant shall provide for Town Manager approval, a deed conveying to the Homeowners’ Association the 7,790 squared feet of recreation area. The document shall be approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and cross-referenced on the final plat.
10. Homeowners’ Association: That if the applicant dedicates recreation area, 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, 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. The Homeowners’ Association documents shall comply with Section 4.6.7 of the Land Use Management Ordinance.
Stipulation Related to Landscaping
11. 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.
12. Landscape Bufferyards: That the applicant shall provide a minimum of 30-foot wide Type-D buffer along the Weaver Dairy Road frontage. The applicant shall comply with regulations as specified by the Ordinance in place at the time of approval. A landscaping planting plan for the bufferyard shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
13. Alternate Bufferyard: The Town Council authorizes an alternate bufferyard along Weaver Dairy Road buffer. If needed, it shall be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.
14. Landscape Protection Plan: That the applicant shall provide a Landscape Protection Plan for the Weaver Dairy Road bufferyard.
Stipulations Related to Water, Sewer, and Other Utilities
15. Utility Plan Approval: That the final Utility 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.
16. 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 reviewed and approved by OWASA and the Town Manager prior to the issuance of a Zoning Compliance Permit.
17. Placement of Utility Lines Underground: That all new utility lines shall be placed underground.
18. 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.
19. Stormwater Management Plan: That prior to the issuance of a single-family/two-family 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. The plan shall provide for the retention of stormwater run-off volume for the 2-year storm. 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.
20. Best Management Practices: That the applicant shall employ Best Management Practices, such as drainage swales and level spreaders, to manage the rate and quality of runoff, based on best available information from the NC State University Cooperative Extension. Final design and locations shall be approved by the Town Manager prior to the issuance of a single-family/two-family Zoning Compliance Permit.
21. Storm Drainageway Easement: That all stormwater management improvements, outside public right-of-way, shall be located inside reserved storm drainageway easements and shown on the final plat and final plans, per Town guidelines, to be approved by the Town Manager prior to the issuance of a single-family/two-family Zoning Compliance Permit
22. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. The plan shall 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. The Stormwater Operations and Maintenance Plan shall be referenced in the Homeowners’ Association documents, if applicable.
23. Resource Conservation District Boundaries: That the boundaries of any Resource Conservation District shall be indicated on the final plans and final plat or a note indicating that there is no Resource Conservation District.
24. State or Federal Approvals: That any required State or federal permits or any required encroachment agreements for development in areas such as wetlands must be approved by the appropriate agencies and copies of the approved permits be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.
25. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle and pedestrian traffic will be managed, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit, if applicable.
26. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, for managing and minimizing construction debris shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, if applicable.
27. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.
28. 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 single-family/two-family 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.
29. 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, if applicable.
30. 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, if applicable.
31. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
32. Schools Adequate Public Facilities Ordinance: That the applicant provide the necessary Certificates of Adequacy of Public Schools prior to recordation of the final plat.
33. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
34. 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 Stargate Subdivision in accordance with the plans and conditions listed above.
This the 9th day of January, 2006.