RESOLUTION C
(Planning Board
Recommendation
(Approving Application)
A RESOLUTION APPROVING AN
APPLICATION FOR A PRELIMINARY PLAT FOR AQUABELLA SUBDIVISION (File No.
7.54B.D.4A, PIN 9798-67-1484) (2006-10-09/R-14c)
BE IT RESOLVED by the Council of
the Town of Chapel Hill that it finds that the Aquabella Subdivision, proposed
by John Mackowiak, on the property identified as Chapel Hill Township Tax Map
54B, Block D, Lot 4A, if developed according to the preliminary site plan dated
May 15, 2006 and the conditions listed below, would comply with the provisions
of the Land Use Management Ordinance:
These findings are based on the following:
Stipulations
Specific to the Development
1. Resolution A: That all of the stipulations in Revised
Resolution A shall apply to the proposed development unless modified or
superseded by those stipulations below.
2. That the following stipulations have been modified in Staff’s Revised
Resolution A:
- Pedestrian Path to the
Rayfield Property: That prior to the issuance of the first
Certificate of Occupancy, the applicant or Homeowners’ Association shall
construct a natural two- to three-foot wide footpath, or alternate path as
approved by the Town Manager, to the Rayfield property. That the
construction of the path involve minimal land disturbance. As best as
possible, the location of the path shall be coordinated with the proposed
residential development on the Rayfield property. The final location and
design of the path shall be approved by the Town Manager prior to the
issuance of a Zoning Compliance Permit.
- Pedestrian Path Maintenance,
Dedication and Easement: That the applicant, or Homeowners’
Association, shall be responsible for the construction and maintenance of
the pedestrian path. That prior to the issuance of a Zoning Compliance
Permit the applicant provide for Town Manager review and approval, a deed
conveying to the Homeowners’ Association an eight-foot wide strip of land
that contains the footpath. The deed shall be recorded concurrently and
cross referenced on the final plat.
- That with the recordation of a
final plat, the applicant shall dedicate to the Town, an eight- foot-wide
public pedestrian access easement for the path connection to the Rayfield
property. The easement and boundaries shall be reviewed and approved by
the Town Manager prior to recordation at the Orange County Register of
Deeds Office.
- Payment-in-Lieu for Recreation Requirements: That the
applicant provide a payment-in-lieu of providing a minimum of 16,011 square
feet of recreation area for this development. The payment amount shall be
reviewed and approved by the Town Manager in accordance with the Land Use
Management Ordinance, Section 5.5.2. The recreation payment amount shall be
submitted to the Town prior to recordation of the final plat.
Stipulation
Related to Landscaping and Tree Protection
- Landscape Buffer and
Planting Plan: That the applicant shall provide either an alternate buffer
or a 20-foot wide Type-C buffer along the Chapel Hill Country Club
frontage. 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
- Landscape Bufferyard Maintenance
and Ownership: That prior to the recordation of the final plat the
applicant shall provide, for Town Manager review and approval, a deed
conveying to the Homeowners’ Association the 20-foot wide bufferyard. The
deed and Homeowners’ Association document shall note that the landscape
bufferyard is owned, controlled and maintained by the Homeowners’
Association. The deed shall be recorded concurrently and cross-referenced
on the recorded plat.
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 Aquabella Subdivision in accordance
with the plans and conditions listed above.
This the 9th day of October, 2006.