RESOLUTION B

(Planning Board Recommendation)

(Approving Application)

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR STARGATE SUBDIVISION (File No. 7.26..27E) (2006-01-09/R-16b)

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:

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Preliminary Plat for Stargate Subdivision in accordance with the plans listed above and with the conditions listed below: 

These findings are based on the following:

1. Resolution A:  That all of the stipulations in Resolution A shall apply to the proposed development unless modified or superseded by those stipulations below:

2. Deleted Stipulation:  That the below stipulation shall be deleted from the Resolution: 

Payment-in-Lieu for Minimum Recreation Requirements:  That prior to the issuance of a Zoning Compliance Permit, the applicant provide a payment-in-lieu for 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.

Homeowners’ Association: That if the applicant dedicates recreation area, a Homeowners’ Association 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.

3. Added Stipulation:  That the below stipulation shall be added to the Resolution:

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.  The amount shall be approved by the Town Manager, and shall not exceed $5,000.

Existing Access Easement:  That the existing 15-foot wide gravel driveway shall be widened to a minimum width of 20 feet, between Weaver Dairy Road and the first driveway.

BE IT FURTHER 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.