ATTACHMENT 1-2 | Staff Report to Advisory Boards

ATTACHMENT 2

ORIGINAL STAFF REPORT TO ADVISORY BOARDS

Some of the circumstances and/or recommendations in the original Staff Report, reviewed by Advisory Board, have changes. Please refer to the Staff Report Update (Attachment 1) for detailed discussion of changes to recommendations. The changes in the Staff Report are noted by underlines and strikeouts for inserted and deleted text respectively.

STAFF REPORT

SUBJECT:	Aquabella Subdivision – Application for Preliminary Plat Approval (File No. 7.54B.D.4A)

DATE:	June 6, 2006 (Planning Board)
	June 21, 2006 (Parks and Recreation Commission)
	June 27, 2006 (Bicycle and Pedestrian Advisory Board)
	August 1, 2006 (Transportation Board)

INTRODUCTION

We have received a request for a Preliminary Plat approval for the Aquabella Subdivision. The 5.17-acre site is located on the east side of Pinehurst Drive, between Burning Tree Drive and Driskel Court. The applicant is proposing to develop four lots and a new cul-de-sac with access to Pinehurst Drive. The site is located in the Residential-1 (R-1) zoning district, within the Urban Service Boundary and the Town limits. A portion of the site is located in the Resource Conservation District. The property is located in Orange County and is identified as Chapel Hill Township Tax Map 54B, Block D, Lot 4A.

Attached are the Subdivision Fact Sheet and reduced plans.

BACKGROUND

Preliminary Plat approval authorized the division of land. Assuming approval of the Preliminary Plan, we expect the lots in this subdivision to be used for construction of single-family homes. However, we note that single-family dwelling units with an accessory apartment, places of worship, child day care facilities, and non-profit recreation facilities are permitted uses on lots in the Residential-1 (R-1) zoning district under certain circumstances. In this case, the applicant’s proposal is based on single-family dwelling use of these proposed lots. The property is located within the Town limits, the Watershed Protection District, and the Resource Conservation District.

EVALUATION

We have reviewed the application for compliance with the standards of the Land Use Management Ordinance and offer the following evaluation:

GENERAL DESCRIPTON

Existing Conditions: The 4.7-acre site is located on the east side of Pinehurst Drive between Burning Tree Drive and Driskel Court. A portion of the site is adjacent to the Chapel Hill Country Club golf course. The site is located in the Residential-1 (R-1) zoning district.

Surrounding properties are located in the Residential-1 (R-1) and the Residential-1A (R-1A) zoning district. A portion of the site is located in the Resource Conservation District. The adjacent properties to the south, west, and north are developed with single-family dwelling units. To the northeast, is the Chapel Hill Country Club golf course. The adjacent property to the south has been to the Community Design Commission for Concept Plan Review for a Preliminary Plat application.

The site currently contains a single-family dwelling and circular driveway. The site is primarily a mixed pine and hardwood vegetation. The site topography straddles a ridge line with the land sloping away from this ridge to the east and west. A significant portion of the site contains areas of less than 10 percent slopes. The northeastern portion of the site includes an existing house and has slopes exceeding 25 percent. The highest point on the site is 274 feet above sea level and the lowest point in the northeast corner is 264 feet above sea level.

An existing waterway parallel and adjacent to Pinehurst Drive on the property has been classified as an intermittent stream. The site contains approximately 40,000 square feet of Resource Conservation District associated with the intermittent stream.

Development Description: The applicant proposes to subdivide the 4.7-acre site into 4 residential lots. Each lot will have access to a proposed internal public street. Lot sizes are proposed to range from approximately .56 acres to 1.58 acres. The required minimum lot size in this zoning district is 17,000 square feet of gross land area or .39 acres. The Resource Conservation District extends into proposed lots 1 and 4. The existing house is proposed to remain on Lot 3.

Access to the 4 lots is proposed from a new cul-de-sac off Pinehurst Drive.

The applicant is proposing a walking trail to the adjacent property to the east. The applicant is also proposing a payment-in-lieu of providing the required recreation area.

ORDINANCE REQUIREMENTS

Housing Floor Area Restrictions: Because the applicant is proposing fewer than five lots, the Floor Area Restrictions/Affordable Housing requirements of the Land Use Management Ordinance do not apply.

Steep Slopes: Subsection 5.3.2 of the Land Use Management Ordinance addresses proposed development on steep slopes. The provisions call for minimal grading and site disturbance as well as specialized site design techniques in areas of steep slopes.

A small portion of the site that contains the existing house in the northeastern corner contains slopes in excess of 25 percent. The slope abutting this area on the northeast has slopes between 10 and 25 percent. The remaining area surrounding the steep slopes are 10% to 15% where the house is located and 0 to 10%. All of the proposed lots have adequate building sites which are outside the areas of slopes greater than 25 percent. Specialized site preparation and site design techniques are required for roadway and home construction in areas with slopes at 10% and up to 25%.

We have included a stipulation in Resolution A which would require Town Manager approval of the Steep Slopes Plan during final plan review.

Comprehensive Plan: The Chapel Hill Land Use Plan, a component of the Comprehensive Plan, classifies this site and adjacent properties as low density residential (1-4 units/acre).

TRANSPORTATION

Access and Circulation: Vehicular access to the four lots is proposed from a new public street off of Pinehurst Drive. The new road in the subdivision is proposed to terminate as a cul-de-sac near the existing turn around for the existing driveway. The applicant is proposing to construct a 27-foot wide road cross-section from back of curb to back of curb within a 45-foot public right-of-way. The applicant is also proposing to construct a 5-foot sidewalk on the southern side of the new road from Pinehurst Drive, extending around half of the cul-de-sac. The applicant would like the flexibility to construct either a concrete or brick sidewalk within the public right-of-way.

We recommend that the applicant construct the proposed road to Town standard, including a 30-inch curb and gutter and a 5-foot wide sidewalk. We recommend that the 5-foot sidewalk be extended around the entire bulb of the cul-de-sac. We also recommend that the proposed cul-de-sac be constructed to a Town Standard 40-foot radius. We have included stipulations to that effect in Resolution A.

If the applicant chooses to construct a brick sidewalk within the public right-of-way, instead of Town standard concrete sidewalk, we recommend that prior to constructing the brick sidewalk, the applicant obtain an encroachment agreement. We recommend that the encroachment agreement and the Homeowners’ Association document require that the Homeowners’ Association be responsible for the maintenance of the brick sidewalk.

We recommend, that prior to the issuance of a Zoning Compliance Permit, that the applicant provide street signs, on-street parking, and a pavement marking plan for approval by the Town Manager. We also recommend that the signs shall be installed by the applicant prior to the first Certificate of Occupancy. A stipulation has been included in Resolution A to this effect.

The proposed location for the intersection of the new subdivision street and Pinehurst Drive is adjacent to an existing speed hump on Pinehurst Drive. We recommend that the applicant remove this speed hump from Pinehurst Drive. We recommend that the applicant construct a new speed hump, on Pinehurst Drive, outside of the intersection curb radius of the new intersection at a location to be approved by the Town Manager. We recommend that the completion of this recommended roadway improvement on Pinehurst Drive occur prior to the issuance of a Zoning Compliance Permit in order to ensure that the work associated with the speed humps is complete before the new subdivision roadway construction begins. We have included a stipulation in Resolution A to that effect.

We recommend that the final plan and final plan include a note prohibiting vehicular access onto Pinehurst Drive from proposed lot 1 and lot 4.

Pedestrian Path: The applicant is proposing to construct an improved walking path from the proposed internal sidewalk to the adjoining property (Rayfield). The proposed location for this path is between lot 3 and 4. We believe that a pedestrian path on this site will eventually be part of a path network that will continue through the Rayfield property and terminate at the western edge of the Meadowmont soccer fields.

We believe that a pedestrian path between this proposed subdivision and the Rayfield property is appropriate, however we are concerned with locating this path between lot 3 and 4. In light of the fact that we anticipate reviewing a preliminary plat for the Rayfield site soon, we recommend that the final location for the proposed path connection to the Rayfield property be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. Approving the location of this proposed path during the final plan stage of the process will help coordinate connecting the path between the two proposed developments.

We recommend that the applicant, or Homeowners’ Association, be responsible for the construction and maintenance of the pedestrian path. We recommend that the path be constructed as a natural 2 to 3 foot wide footpath, involving minimal land disturbance or such alternate design as approved by the Town Manager. We also recommend that a sign stating “Public Access” be posted at the entrance to the pedestrian path to the adjacent property. This has been included as a stipulation in Resolution A.

We recommend that the applicant provide for Town Manager review and approval, a deed conveying to the Homeowners’ Association the 8-foot wide strip of land that contains the footpath. We also recommend that prior to the recordation of a final plat, the applicant shall dedicate to the Town, an 8 foot-wide public pedestrian access easements encumbering the path connection to the Rayfield property. The easement document and boundaries shall be reviewed and approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and cross referenced on the final plat.

Traffic Impact: The Traffic Impact Analysis requirement was waived for this development because the total number of trips for the proposed development is projected to be 30 trips per day. We believe there would be no significant traffic impact on the surrounding street network.

RECREATIONAL

Recreational Requirements: Section 5.5.2 of the Land Use Management Ordinance requires that the applicant provide a minimum of 16,011 square feet of recreation area. The Land Use Management Ordinance also includes a provision that allows the Council to accept a payment-in-lieu for the recreation requirement. The applicant is proposing a payment-in-lieu.

Based on our preliminary calculations, we believe that the Land Use Management Ordinance will require a payment-in-lieu of approximately $100,000 for this proposed development. We recommend that the Council accept the applicant’s offer for a payment-in-lieu. We have included this as a stipulation in Resolution A. Resolution A also includes a stipulation that the payment-in-lieu be approved by the Town Manager and submitted to the Town prior to the recordation of the final plat.

LANDSCAPING AND TREE PROTECTION

Buffers Requirement: The following landscape buffer is required for this subdivision:

11. Type “C” landscape bufferyard (minimum 20-foot width) along the property line adjoining the Chapel Hill Country Club property.

The applicant is proposing a 10 foot wide buffer between the proposed development and the Chapel Hill Country Club property. We recommend that the applicant either provide the full width buffer or obtain an alternate bufferyard approval from the Community Design Commission. Resolution A includes a stipulations to this effect. ~~requiring a 20-foot wide type “C” bufferyard adjacent to the Chapel Hill Country Club.~~

We recommend, prior to the issuance of a Zoning Compliance Permit, that the Town Manager review and approve a landscape planting plan for the buffer. A stipulation has been included to this effect in Resolution A. Resolution A also includes a stipulation that the bufferyard be deeded to and maintained by the Homeowners’ Association.

Landscape Protection Plan: Tree protection fencing is shown along the grading limits for the construction of the new subdivision street and the trees at the intersection of Pinehurst Drive and the new subdivision street. We recommend retention of the 20-inch willow oak near the intersection of Pinehurst Drive and the significant tree stand on the site closest to Pinehurst Drive. We have this as a stipulation in Resolution A.

We recommend that the Landscape Protection Plan clearly delineate areas of the site that are significant tree stands and the scaled critical root zones of the site’s rare and specimen trees as defined in the Town’s Land Use Management Ordinance. We also recommend that the final plans include a Tree Protection Plan. A stipulation has been included to this effect in Resolution A.

We recommend that no plantings with a mature height greater than 2-feet be planted within the sight distance triangle at the intersection of Pinehurst Drive and the proposed internal subdivision street. We have included this as stipulation in Resolution A.

ENVIRONMENTAL

Watershed Protection District: The proposed development is located in the Watershed Protection District. Impervious surface area (i.e. built-upon area) or dwelling unit density is restricted in the Watershed Protection District by Section 3.6.4 of the Land Use Management Ordinance.

Development with a proposed density not exceeding 2 units/acre or 24 percent built-upon area (i.e. for this project impervious surface area) will satisfy the Low-Density Option of the Watershed Protection District regulations. This development is proposed to be 1.1 units per acre and therefore satisfies the Low Density Option. No further impervious surface limits apply.

Resource Conservation District: A portion of the site is within the Resource Conservation District. The portion of the site nearest to Pinehurst Drive has approximately 40,000 square feet of Resource Conservation District associated with an intermittent stream.

The applicant is proposing to construct the new cul-de-sac through the Resource Conservation District Stream Side Zone. We are concerned that the plans submitted by the applicant include a proposal to add approximately six feet of fill in the Resource Conservation District. Based on our review of the Land Use Management Ordinance, we do not believe that, as currently proposed, the construction associated with proposed internal roadway meets the standards of Section 3.6.3 of the Land Use Management Ordinance. A stipulation has been included in Resolution A that states that prior to issuance of a Zoning Compliance Permit, all applicable Resource Conservation District regulations, including minimization of land disturbance, must be met.

The Resource Conservation District extends onto Lots 1 and 4. We recommend that no lot be created that would require a Resource Conservation District Variance in order to be built upon. We recommend that all residential construction, including clearing, grading, and construction be located entirely outside the Resource Conservation District. We have included a stipulation to this affect in Resolution A.

We also recommend that prior to the issuance of a Zoning Compliance Permit, it must be demonstrated that there is sufficient buildable area outside buffers, easements, building setbacks and slopes 25 % or greater. A stipulation to this affect has been included in Resolution A.

We recommend that the boundaries of the Resource Conservation District be shown on the final plat and final plans with a note indicating that “Development in the Resource Conservation District shall be in accordance with Land Use Management Ordinance.” This recommendation has been incorporated into Resolution A. We have also included a stipulation in Resolution A that a Grading Plan with existing and proposed contours be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stormwater Management: The applicant is proposing to construct two bio-retention basins (labeled as rain gardens on the plans) to manage the stormwater from the street and public impervious area. The two facilities are proposed within the Pinehurst Drive right-of-way and within the stream side zone of the Resource Conservation District.

Private stormwater management facilities are not permitted within the public right-of-way or in the stream side zone of the Resource Conservation District. Resolution A includes a stipulation that, prior to the issuance of a Zoning Compliance Permit, the Town Manager review and approve a stormwater management plan. Resolution A stipulates that the stormwater management feature shall be located outside of the Pinehurst Drive right-of-way and the Resource Conservation District. Resolution A also stipulates that the design of the approved stormwater management features shall not impact the root system of any significant trees.

We recommend that prior to the issuance of a Zoning Compliance Permit, the applicant submit a Stormwater Management Plan. We recommend that the plan be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate not exceed the pre-development rate. We recommend that the plan provide for the retention of stormwater run-off volume for the 2-year storm. We recommend that engineered stormwater facilities also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards. We have included a stipulation to this effect in Resolution A.

We recommend that the applicant provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the owners financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended and must be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit. We recommend that the homeowner’s association be responsible for the maintenance of these facilities. We have included stipulations to this effect in Resolution A.

We recommend that a 30-foot reserved storm drainage-way easement be provided around all approved stormwater management improvements located on private property. We have included a stipulation to this effect in Resolution A.

Individual residential lots will manage the stormwater run-off from residential impervious surface area on a lot by lot basis. We recommend, that prior to the issuance of each Single Family Zoning Compliance Permit, the Town’s Stormwater Engineer shall review and approve a stormwater impact statement and plan for each lot. We also note that all residential stormwater management features shall not be located within the building setback areas. We recommend that a note be placed on the final plans and the final plat to identify the method to be used to comply with the stormwater management provisions of the ordinance.

Erosion Control: We recommend that an Erosion Control Plan for the site be approved by the Orange County Erosion Control Officer, and be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit. We have included this as a stipulation in Resolution A. We note that the Town has a requirement that a letter of credit or bond be provided to ensure compliance with erosion control requirements.

UTILITY AND SERVICE

Refuse Management: Resolution A includes a stipulation that a Solid Waste Management Plan, including provisions for recycling, should be submitted for review and approval by the Town Manager, prior to issuance of a Zoning Compliance Permit. We recommend that the applicant hold a pre-construction conference with the Orange County Solid Waste staff and that a note to this effect be placed on the plans.

Utilities: An 8-inch water line and sewer line are proposed to serve the development and are proposed to be located within the proposed roadway. No new utility easements are proposed with this development.

Power lines are required to be placed underground in accordance with Section 5.12 of the Land Use Management Ordinance. We recommend that the final plans indicate that all new utility lines shall be placed underground. A stipulation to this effect has been included in Resolution A.

We recommend that the final utility plans be approved by OWASA, Duke Power Company, Time Warner Cable, Public Service Company, BellSouth, and the Town Manager before issuance of a Zoning Compliance Permit.

Street Lighting Plan: We recommend that a street lighting plan is reviewed and approve by Duke Power Company and the Town Manager prior to the issuance of a Zoning Compliance Permit. We also recommend that if the proposed street lighting plan includes non-standard poles and/or fixtures, that the plans indicate that the applicant shall be responsible for the additional cost as determined by Duke Power. We have included this as a stipulation in Resolution A.

Fire Safety: A new fire hydrant is proposed on the southern end of the proposed cul-de-sac. Prior to issuance of a Zoning Compliance Permit, a fire flow report, prepared and sealed by a registered professional engineer, shall be reviewed and approved by the Town Manager. We recommend that the maximum spacing between fire hydrants not exceed 400 feet. We have included a stipulation to this effect in Resolution A.

MISCELLANEOUS

Schools Adequate Public Facilities Ordinance: The proposed development is subject to the provisions of the Schools Adequate Public Facilities Ordinance. We have included this as a stipulation in Resolution A.

Construction Management: We recommend that a Construction Management Plan, indicating how construction vehicle traffic will be managed, be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

Street Names and Address: We recommend that, prior to the issuance of a Zoning Compliance Permit, the development and proposed street name and address numbers for each lot be approved by the Town Manager.

Open Burning and Plant Rescue: We have also included stipulations in Resolution A (1) requiring that no open burning associated with this development be permitted; and (2) encouraging the applicant to conduct a “plant rescue” after the issuance of a Zoning Compliance Permit and prior to start of construction.

CONCLUSION

We believe the proposal, if developed in accordance with the stipulations in Resolution A would meet or exceed all stated requirements in the Land Use Management Ordinance.

Resolution B would deny the request.