Agenda #1
memorandum
to: Mayor and Town Council
from: Roger L. Stancil, Town Manager
subject: Public Hearing: Aquabella Subdivision – Application for Preliminary Plat Approval (File No. 7.54B.D.4A; PIN #9798-67-1484)
date: September 18, 2006
We have received a request for Preliminary Plat approval of the Aquabella Subdivision. The 4.7-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 Resource Conservation District. The property is identified as Orange County, Chapel Hill Township Tax Map 54B, Block D, Lot 4A; PIN # 9798-67-1484.
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.
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 UNC 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 August 17, 2005. See attached summary and minutes. Because the subdivision involves less than 5 acres, Concept Plan review by the Council was not required.
The application is for approval of a Preliminary Plat to subdivide 4.7 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. A payment-in-lieu is proposed to satisfy the recreation requirement. The site is located in the Residential-1 (R-1) zoning district and a portion of the site includes Resource Conservation District. The property is located in Orange County and is identified as Chapel Hill Township Map 54B, Block D, Lot 4A.
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 issue concerning this proposed development is stormwater management:
Stormwater Management: The applicant is proposing to manage the stormwater from this proposed development by constructing stormwater facilities within the Pinehurst Drive public street right-of-way and in the stream side zone of the Resource Conservation District.
Comment: 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. In order for the Town Council to approve a Major Subdivision proposal, the Council must determine that the proposal meets the regulations of the Land Use Management Ordinance. The applicant’s proposal to construct stormwater facilities within the public right-of-way, the Resource Conservation District and the building setback are not in accordance with the Land Use Management Ordinance.
Review of subdivision proposals differs from review of a 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. We recommend that the applicants proposed preliminary plat application complies with the standards and regulations of the Land Use Management Ordinance. If the applicant desires to pursue a development proposal that does not comply with the regulations and standards associated with the subdivision approval process, we recommend that the applicant withdraw this application and submit a Special Use Permit application seeking modifications to the Land Use Management Ordinance.
Applicant’s Proposal: The Planning Board recommended that the applicant and staff investigate options for managing stormwater on the site. A series of meetings followed. We have met with the applicant to explore multiple options. Below is a description of the applicant’s proposal.
The applicant is proposing to construct two rain gardens (bio-retention areas of grass-lined swales) to manage the stormwater from the subdivision street and a portion of the Pinehurst Drive road frontage. The two facilities are proposed within the Pinehurst Drive right-of-way, within the 100-foot stream side zone of the Resource Conservation District, and the northern rain garden is proposed within the street setback of Lot 1. Three foot flumes are proposed from curb cuts in the new subdivision road at the low points inside of the Pinehurst Drive right-of-way. The flumes channel water from the street to the rain gardens. No other stormwater management facilities are proposed.
We understand the proposal by the applicant is an experimental method currently being evaluated at sites around North Carolina but not yet approved by the North Carolina Division of Water Quality’s Best Management Practices Design Manual nor the Town’s Design Manual to handle stormwater runoff in lieu of bio-retention basins. We understand the applicant has involved the NC Cooperative Extension Center and NCSU. The applicant indicates that stormwater management for his development proposal would be used as an educational tool. By employing new technology not yet tested (rain gardens, grass-lined swales and flumes), he hopes to use his site as a test site for future applications.
Comment: Although we believe the applicant’s proposal would capture and treat the largest amount of stormwater runoff, including runoff from Pinehurst Drive which is currently not treated but channeled directly into stormwater drains with inlets along the curb, the facilities proposed do not comply with the Town’s Design Manual, the North Carolina Division of Water Quality’s Best Management Practices Design Manual, or the Land Use Management Ordinance.
This proposal would collect run-off from the new subdivision street and portions of Pinehurst Drive along most of the property frontage with a system that does not yet have performance data or State endorsement as a Best Management Practice (BMP). We understand that evaluation of stormwater management for rate, quality, and volume for the site is not possible with the rain garden option. The Land Use Management Ordinance provisions are based on specific standards for management of rate, quality, and volume. We understand that the proposal would not meet the stormwater management requirements of the Town regulations.
In addition, the proposal would locate private stormwater facilities in the stream side zone of the Resource Conservation District, which is not permitted. According to Table 3.6.3-2, private stormwater management facilities are not permitted within the stream side zone of the Resource Conservation District. Public maintenance of storm drainage facilities are permitted within the stream side zone.
Further, private stormwater management facilities have not been allowed within public rights-of-way, as proposed by the applicant. The only private structures historically permitted inside public rights-of-way are mailboxes and retaining walls. Curb cuts are also permitted with Town approval of a Driveway Permit. We do not recommend a departure from this practice.
Additionally, a rain garden is proposed in the setback of proposed Lot 1. Stormwater structures are not permitted adjacent to lot lines in the required setback.
We recommend that the applicants proposed preliminary plat application complies with the standards and regulations of the Land Use Management Ordinance. Resolution A includes standard stormwater management stipulations in accordance with the Land Use Management Ordinance. The stipulations would require that the location of stormwater management facilities outside the public right-of-way and outside the stream side zone of the Resource Conservation District.
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:
Applicant submits detailed Final Plans and documentation, complying with Council stipulations. Information is reviewed by Town departments and the following agencies (if applicable):
Upon demonstration of compliance with remaining Council stipulations, Town staff issues a Zoning Compliance Permit authorizing site work. Permit includes conditions specific to the development and requires pre-construction conferences with Town staff;
Any relevant access easement and right-of-way dedication plat(s) are approved by Town staff, and are recorded at the Orange County Register of Deeds Office;
Engineering Department issues an Engineering Construction Permit, authorizing work within the public right-of-way;
Applicant submits final plat application for Town review and approval. Once approved, the plat is recorded; and
Planning Department issues Zoning Compliance Permits for development on individual lots; Inspections Department issues Building Permits for development on individual lots and Certificates of Occupancy.
RECOMMENDATIONS
Stipulations added to Resolution A, the Town Manager’s Preliminary Recommendation:
Following Advisory Boards review of the application, the following recommendations were included in Resolution A, the Town Manager’s preliminary recommendation:
Community Design Commission Approval of Alternate Buffer: That unless the applicant provides a 20-foot type “C” buffer between this property and the Chapel Hill Country Club frontage, the Community Design Commission shall review and approve an Alternate Buffer.
Comment: Because the Planning Board believed that the existing landscape buffer between this property and the Chapel Hill Country Club was adequate, the Planning Board recommended that the applicant seek to obtain an alternate bufferyard approval from the Community Design Commission.
Recommendations from Advisory Boards and the Town Manager are summarized below:
Planning Board: The Planning Board reviewed this subdivision on June 6, 2006. The Board voted 9-0 to recommend that the Council approve the application with the adoption of Resolution A. Please see the attached Summary of Planning Board Action.
Transportation Board: The Transportation Board will review this application on September 14. The Summary of Transportation Board Action will be provided when it is available.
Bicycle and Pedestrian Advisory Board: The Bicycle and Pedestrian Advisory Board reviewed this subdivision on June 27, 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 Bicycle and Pedestrian Advisory Board Action.
Parks and Recreation Commission: The Parks and Recreation Commission reviewed this subdivision proposal on June 23, 2006. The Commission voted 7-0 to recommend that the Council approve the application with the adoption of Resolution B. Please see attached Summary of Parks and Recreation Commission Action.
Manager’s Preliminary 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 C would deny the application.
Aquabella Subdivision
Preliminary Plat
DIFFERENCES AMONG RESOLUTIONS
|
ISSUE |
Manager’s Preliminary Recommendation and Planning Board Recommendation
|
Bike & Ped Advisory Board; Parks and Rec. Advisory Board; Recommendation |
|
Community Design Commission approval of Alt. Buffer |
Yes |
Not discussed; not included in resolution |
ATTACHMENTS
