AGENDA #9
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Stargate Subdivision: Application for Preliminary Plat Approval
(File No. 7.26..27E)
DATE: January 9, 2006
INTRODUCTION
Tonight the Council continues the Stargate Subdivision Public Hearing from November 14, 2005, regarding a Preliminary Plat application to authorize the subdivision of 0.8 acres into 2 lots. Adoption of Resolution A, B, C, or D would approve a Preliminary Plat application with conditions. Adoption of Resolution E would deny the request.
This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
Cover Memorandum: Provides background information on the development proposal and the Town’s review process, presents evidence in the record thus far in support of and in opposition to approval of the application, and offers recommendations for Council action.
Attachments: Includes comments on issues raised during the November 14 Public Hearing, and its related attachments.
BACKGROUND
On November 14, 2005, a Public Hearing was held for consideration of a Preliminary Plat application to authorize the subdivision of 0.8 acres into 2 lots. The site is located on the north side of Weaver Dairy Road just east of the intersection of Weaver Dairy Road and Sedgefield Road. Access is proposed from an existing gravel drive.
PROCESS
This is an application for Preliminary Plat approval. The Land Use Management Ordinance requires the Town Manager to conduct an evaluation of this 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 regarding its compliance with the standards and regulations of the Land Use Management Ordinance; we have presented a report to the Planning Board; and on November 14 we submitted our report and recommendation to the Council.
We note that review of subdivision proposals differ 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.
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, and recreation area.
Information regarding this application was presented at the November 14 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.
EVALUATION OF THE APPLICATION
Evaluation of this application centers on compliance with the subdivision regulations and standards in the Land Use Management Ordinance. We have attached a checklist of the Town’s subdivision regulations (see Attachment 3 of the Public Hearing memorandum). The checklist indicates which of the Town’s regulations are satisfied by the applicant’s proposal, and recommended conditions.
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.
KEY ISSUES
We believe that the key issues raised during the November 14 Public Hearing focused on: 1) Sidewalk payment-in-lieu; 2) Recreation area payment-in-lieu; 3) Creation of a homeowners association; 4) Using existing landscaping along Weaver Dairy Road as a landscape buffer; 5) Improvements to the driveway; 6) Weaver Dairy Road Right-of-Way dedication; and 7) Installation of a fire hydrant. We offer additional information on these issues below:
1. Sidewalk Payment-in-lieu: The applicant would like to be exempt from providing a payment-in-lieu of sidewalk construction.
Comment: We believe that the applicant should provide either a payment-in-lieu of a sidewalk along the Weaver Dairy Road frontage or construct a sidewalk in order to satisfy the Land Use Management Ordinance requirements that each newly created lot front on a road that meets Town standards. We estimate the cost for construction of a sidewalk along the approximately 110 feet of frontage, will range from $2,000 to $5,000. Resolution A includes a condition that the applicant provide a payment-in-lieu not to exceed $5,000, to the Town of Chapel Hill prior to issuance of a Zoning Compliance Permit. Resolution A also requires that the final amount be approved by the Town Manager based on a cost estimate to be provided by the applicant and reviewed by the Town Engineering Department.
2. Recreation Area: In order to meet the recreation requirement of the Land Use Management Ordinance, the applicant is required to dedicate 7,790 square feet of recreation area or provide a payment-in-lieu. During the November 14 Pubic Hearing the applicant indicated that she wants to be exempt from satisfying the recreation requirements.
Comment: The Land Use Management Ordinance requires that the applicant provide 7,790 square feet of recreation area or provide a payment-in-lieu of recreation. Last year the Council discussed and adopted a modification to the method used in calculating payment-in-lieu for recreation area. Final action on this matter, with respect to establishing a multiplier for calculating the payment amount, is expected to be acted by the Council, as early as this evening.
We recommend that the applicant satisfy the minimum recreation requirement by either providing a payment-in-lieu or dedicating the minimum recreation area prior to recordation of the final plat.
If the applicant chooses to dedicate the minimum recreation area, the applicant requests to be exempt from the suitability of land requirement. Under Section 5.5.2(e) of the Land Use Management Ordinance, the Council can make the determinations, that the assembling of a piece of land to meet the suitability of land requirement would create undue hardship, and that the required recreation area does not have to be centrally located with frontage on a public road. We believe that, in this particular case, the Council can make that determination.
Resolution A includes a stipulation that requires the applicant to provide a payment-in-lieu, as 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. The resolution also provides the option for the applicant to dedicate recreation area and be exempt from the suitability of land requirement in accordance with Section 5.5.2 of the Land Use Management Ordinance.
3. Homeowners Association: During the Public Hearing the applicant objected to a stipulation requiring the creation of a homeowners association.
Comment: If the applicant provides a payment-in-lieu of recreation area, a Homeowners Association will not be necessary. If the applicant chooses to provide on-site recreation area, then a Homeowners Association will be necessary to insure maintenance of the property. We have included a stipulation in the revised Resolution A to this effect.
4. Weaver Dairy Road Buffer: During the Public Hearing a Council Member asked the staff to inspect the existing vegetation along the site’s frontage on Weaver Dairy Road and determine to what extent the existing plant material could be used to satisfy the landscape buffer requirements.
Comment: The Land Use Management Ordinance requires a minimum 30-foot wide Type-D buffer along the Weaver Dairy Road frontage. During Final Plan review the applicant will be required to submit a landscape planting plan for the buffer for review and approval by the Town Manager. Based on our site inspection, we anticipate that in order to comply with the buffer planting requirement the applicant may need to supplement the existing vegetation with evergreen shrubs and/or some understory trees. We note the applicant may apply for an alternate buffer, with approval from the Community Design Commission, as long as the degree of buffering and screening is equivalent to the required 30-foot Type-D buffer. Resolution A offers an alternative buffer as an option to the applicant.
5. Driveway Improvements: During the Public Hearing the applicant objected to a stipulation requiring improvements to the portion of the driveway between Weaver Dairy Road and the north property line.
Comment: We believe that during the November 14 Public Hearing the applicant was reading from a copy of a Resolution that was originally presented to the Town’s Advisory Boards. Subsequent to the Advisory Board meetings, the stipulation was revised.
Resolution A, the Manager’s Revised Recommendation, continues to stipulate that the applicant only improve that portion of the shared driveway between Weaver Dairy Road and the common property line between lots 1 and 2. We understand that the applicant agrees with this stipulation.
6. Weaver Dairy Road Right-of-Way Dedication: During the Public Hearing the applicant objected to a stipulation requiring the dedication of right-of-way along the Weaver Dairy Road frontage.
Comment: In subsequent discussions with the applicant, we believe the applicant is no longer objecting to the dedication of right-of-way along the Weaver Dairy Road frontage.
7. Fire Hydrant: During the Public Hearing the applicant objected to a stipulation requiring the installation of a new fire hydrant.
Comment: We believe that during the November 14 Public Hearing the applicant was reading from a copy of a resolution that was originally presented to the Town’s Advisory Boards. Subsequent to the Advisory Board meetings, we determined that the existing fire hydrants in the neighborhood satisfy the minimum hydrant spacing requirements and therefore the stipulation was removed from Resolution A.
RECOMMENDATIONS
Recommendations are summarized below. Please see the attached summaries of board actions and recommendations.
Planning Board Recommendation: The Planning Board reviewed this application on October 4, 2005, and voted 8-0 to recommend that the Council approve Resolution B with conditions. A copy of the Summary of Planning Board Action is attached to the November 14, 2005 Public Hearing memorandum.
Transportation Board Recommendation: The Transportation Board reviewed this application on October 18, 2005, and voted 6-1 to recommend that the Council approve Resolution C with conditions. A copy of the Summary of Transportation Board Action is attached to the November 14, 2005 Public Hearing memorandum.
Parks and Recreation Commission Recommendation: The Parks and Recreation Commission reviewed this application on November 16, 2005, and voted 10-0 to recommend that the Council approve Resolution D with conditions. Please see the attached Summary of Parks and Recreation Commission Action.
Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on November 22, 2005, and voted 7 to 0 to recommend that the Council approve Resolution A. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.
Manager’s Revised Recommendation: We recommend that the Council approve this Preliminary Plat application with the conditions listed in Resolution A.
Resolution A has been revised to:
· Provide a limit for construction of the Weaver Dairy Road sidewalk, not to exceed $5,000;
· Provides an option for compliance with recreation area requirements, either by providing a payment-in-lieu or providing recreation area;
· Provide an exemption for suitability of land requirement for recreation area; and
· Removes a duplicate stormwater stipulation.
Resolution E would deny the application.
STARGATE SUBDIVISION
DIFFERENCES AMONG RESOLUTIONS
|
ISSUE |
Manager’s Revised & Bicycle and Pedestrian Advisory Board Recommendation |
Planning Board Recommendation |
Transportation Board Recommendation |
Parks and Recreation Recommendation |
|
Method to satisfy minimum Recreation Area Requirement |
Payment-in-lieu |
Not require; exempt from recreation requirements |
Payment-in-lieu
|
Satisfied by dedication of right-of-way along Weaver Dairy Road |
|
Weaver Dairy Road Sidewalk Payment-in-lieu |
Yes (limited to $5,000) |
Yes (limited to $5,000) |
Yes |
Yes |
|
Access Improvements |
Between Weaver Dairy Rd & common lot line |
Limited to section closest to Weaver Dairy Road |
* |
* |
|
Formation of Homeowners’ Association |
No (unless applicant chooses to provide on-site recreation area) |
No |
No (not required with payment-in-lieu for recreation area) |
* |
|
Landscape Buffer on private property |
Yes |
Yes |
* |
* |
*Issue was not discussed at this particular meeting.
ATTACHMENTS