ATTACHMENT 2

STAFF REPORT

 

SUBJECT:

Fairway Hill Subdivision – Application for Preliminary Plat Approval
(File No. 9798674341)

 

 

DATE:

September 5, 2006 (Planning Board)

 

September 20, 2006 (Parks and Recreation Commission)

 

October 12, 2006 (Transportation Board)

 

October 24, 2006 (Bicycle and Pedestrian Advisory Board)

 

INTRODUCTION

 

We have received a request for Preliminary Plat approval of the Fairway Hill Subdivision.  The 5.1-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.  A total of 29,208 square feet of recreation area are proposed for this subdivision. The property is located in Orange County and is identified as PIN 9798-67-4341.

 

Attached is the Subdivision Fact Sheet and reduced plans.

 

BACKGROUND

Preliminary Plat approval authorizes the division of land.  Assuming approval of the Preliminary Plat, 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 within the Urban Service Boundary.

 

EVALUATION

 

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

 

GENERAL

Existing Conditions: The 5.1-acre site is located on the east side of Pinehurst Drive between Burning Tree Drive and Driskel Court.  The site is located in the Residential-1 (R-1) zoning district.  A portion of  the site is located in the Resource Conservation District.  Surrounding properties are located in the Residential-1 (R-1) zoning district.  The adjacent properties to the south and west (Meadowmont) are developed with single-family dwelling units.  The soccer fields at Meadowmont and the Chapel Hill Country Club golf course are to the east.  The adjacent property to the north includes a single-family residence and the owner is proposing to develop a 4 lot subdivision (Aquabella Subdivision) on the site. The Aquabella application is scheduled for a September 18, 2006 Public Hearing.

 

The site currently has a single-family dwelling unit on it.  The site includes a mix of  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 has slopes exceeding 25 percent.  The highest point on the site is 284 feet above sea level and the lowest point in the northeast corner is 248 feet above sea level.

 

An existing creek on the property has been classified by the Town as an intermittent stream.  The site contains approximately 7,428 square feet of Resource Conservation District associated with the intermittent stream.  The Resource Conservation District is proposed to be contained within the proposed open space.  

 

Development Description: The applicant proposes to subdivide the 5.1-acre site into 4 residential lots. Access to the site is proposed from Pinehurst Drive.  Each lot is identified with frontage on a new internal public street.  Lot sizes are proposed to range from approximately 25,109 square feet to 69,054 square feet.  The required minimum lot size in this zoning district is 17,000 square feet of gross land area.  The existing house is proposed to remain on proposed Lot 3. 

 

The applicant is proposing a walking trail along the southern and eastern property lines located within a 10 foot wide open space strip.  This trail is proposed to connect with the proposed internal public sidewalk and the Meadowmont soccer field to the east of the site. 

 

ORDINANCE REQUIREMENTS

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

 

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).

 

Steep Slopes: Subsection 5.3.2 of the Land Use Management Ordinance addresses proposed development and 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 in the northern corner contains slopes in excess of 25 percent.  The immediate areas surrounding this area have slopes between 10 and 25 percent.  All of the proposed lots have adequate building sites which are outside the areas of slopes greater than 25 percent.  We have included as stipulation in Resolution A which would require Town Manager approval of the Steep Slopes Plan during final plan review and prior to issuance of a Zoning Compliance Permit.

 

TRANSPORTATION

Access and Circulation:  Vehicular access to the site is proposed from Pinehurst Drive.  The new road in the subdivision is proposed to terminate as a cul-de-sac near the eastern property line.  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.  A five foot sidewalk is proposed on the southern side of the new road from Pinehurst Drive and extending around the cul-de-sac.  We recommend that the applicant provide roads built to Town standard with 30-inch curb and gutter, a 5-foot sidewalk on one side of the street, and have included a stipulation in Resolution A to that effect.

 

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

 

Pedestrian Paths:  The applicant is proposing a pedestrian easement between lots 3 and 4 from the proposed internal sidewalk to the adjoining property (Aquabella Subdivision). We recommend that the pedestrian connection be extended along the rear portion of lot 3 to meet the adjoining pedestrian easement from Aquabella.  Regarding location, we recommend that the final location for the proposed path connection to the Aquabella property be reviewed and approved by the Town Manager prior to 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. 

 

The applicant is also proposing to construct a walking path from the proposed internal sidewalk along the south and eastern property lines to the adjoining Meadowmont soccer fields.  We recommend that the proposed pedestrian path be an improved permanent surface approximately three feet in width and that the Homeowners’ Association be responsible for the construction, ownership, and maintenance of the pedestrian path. 

 

We also recommend that a sign stating “Public Access” be posted at the entrance to all of the pedestrian paths.  This has been included as a stipulation in Resolution A.

 

Regarding ownership of the paths, we recommend that the applicant provide for Town Manager review and approval, a deed conveying to the Homeowners’ Association, a 10-foot wide strip of land that contains the footpaths.  We recommend that prior to recordation of the final plat, the applicant dedicate to the Town a 10-foot wide public pedestrian access easement on the Homeowners’ Association land, encumbering the path connection to the Aquabella Subdivision and along the southern and eastern boundaries.  The deeds, easement documents, and boundaries shall be reviewed and approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and be cross referenced on the final plat. 

 

RECREATION

Recreational Requirements: Section 5.5.2 of the Land Use Management Ordinance requires that the applicant provide 16,591 square feet of recreation area.  Section 5.5.2 of the Land Use Management Ordinance requires the land to be provided for recreation be outside the Resource Conservation District, relatively flat and dry, and capable of accommodating active recreation uses.  The applicant is proposing to satisfy this requirement by providing recreation area (identified as Open Space on the site plan) at the entrance to the subdivision bordering Pinehurst Drive.  This proposed recreation area contains a 30-foot storm water drainageway and 7,428 square feet of Resource Conservation District land.  We do not believe that this proposed recreation area meets the requirements of the Land Use Management Ordinance.  

The text immediately below has been changed from the original Staff Report.

In addition to the area proposed at the development entrance, the applicant is proposing a pedestrian walking trail along the southern and eastern boundary of the site for a total of approximately 7,197 2,967 square feet.  We recommend that this pedestrian path area be counted toward the 16,591 square feet of required recreation area if the property is conveyed to the Homeowners Association as described above.  We recommend that the remaining 9,394 13,624 square feet of recreation area be provided by 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 $53,000 $77,000 for this portion of required recreation area.  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.

 

We recommend that a Homeowners’ Association be created for the purpose of owning and maintaining common areas, however designated, and that a Homeowners’ Association be approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office.  We recommend that the Homeowners’ Association document be cross-referenced on the final plat.  We have included a stipulation to this effect in Resolution A.

 

LANDSCAPING AND ARCHITECTURE 

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

 

Type “C” landscape bufferyard (minimum 20-foot width) along the property lines adjoining the Chapel Hill Country Club and the Meadowmont soccer field.

 

The applicant is proposing a 20-foot wide buffer between the proposed development and the Chapel Hill Country Club and Meadowmont soccer field.  We recommend that the bufferyards be deeded to the Homeowners’ Association and maintained through the covenants and restrictions of the subdivision.  

 

We recommend that prior to issuance of a Zoning Compliance Permit, that the Town Manager review and approve a landscape planting plan for the buffer.  Resolution A includes a stipulation that the applicant provide the minimum landscape bufferyard requirement, as listed above, and deed the area to the Homeowners’ Association. 

 

Landscape Protection Plan: Tree protection and silt fencing is shown along the grading limits for the construction of the new subdivision street.  The Land Use Management Ordinance requires 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.

 

ENVIRONMENTAL

Watershed Protection District:  The proposed development is located in a Watershed Protection District.  Impervious surface area (i.e. built-upon area) is restricted in a 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 (impervious surface area) will satisfy the Low-Density Option of the Watershed Protection District regulations.  This development is proposed to be 0.77 units per acre and therefore satisfies the Low Density Option.  No further impervious surface limits are required.

 

Resource Conservation District:  A portion of the site is within a Resource Conservation District.  The portion of the site nearest to Pinehurst Drive has approximately 7,428 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.  A stipulation has been included in Resolution A that states that, prior to issuance of a Zoning Compliance Permit, requirements and standards of Section 3.6.3 of the Land Use Management Ordinance and all other applicable Resource Conservation District regulations must be met.

 

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.  In addition, for each lot, it must be demonstrated that there is sufficient buildable area outside the Resource Conservation District, slopes of 25 percent or greater, vegetated buffers, easements, and any applicable building setback limits.  A stipulation has been included regarding the buildable area of each lot 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.

 

With the above recommended stipulations, we believe it can be demonstrated there is a practical necessity to the location of the road in the Resource Conservation District and that land disturbance within the Resource Conservation District will be minimal.

 

Stormwater Management:  The applicant is proposing to construct two infiltration level spreaders to manage the stormwater from the street and public impervious area.  The two facilities are proposed along with one 30-foot storm drainage easement.  The stormwater drainage easement is proposed between lots 2 and 3.  Runoff from the subdivision street is proposed to be collected by curb inlets and piped through the infiltration level spreader.  We have included a stipulation in Resolution A requiring that the applicant submit proposals of Best Management Practices (BMP’s) features to intercept and treat stormwater runoff from developed areas.  Final design and locations to be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

The applicant proposes that individual lots will manage the stormwater run-off from residential impervious surface area on a lot by lot basis.  A stormwater impact statement for each lot will address the individual stormwater at the time of construction and will be reviewed and approved prior to issuance of a building permit. 

 

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 shall also remove 85 percent 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.

 

The applicant has proposed 30-foot reserved storm drainage-way easement around stormwater management improvements. We recommend that all stormwater management improvements, outside public right-of-way, be located inside reserved storm drainageway easements, per Town guidelines. We also recommend that these stormwater management features not be permitted within an approved bufferyard area. 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 owner's financial responsibility and include the maintenance schedule of the facilities to ensure that facilities continue to function as originally intended and that the plan be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

 

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, 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.  The applicant is proposing solid waste collection by the Town of Chapel Hill.

 

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.

 

We recommend that the final utility/lighting plans be approved by OWASA, Duke Energy, Time Warner Cable, Public Service Company, BellSouth, and the Town Manager before issuance of a Zoning Compliance Permit.  We have included this as a stipulation in Resolution A.

 

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.

 

Street Lighting Plan: We recommend that a street lighting plan be reviewed and approved by Duke Energy and the Town Manager prior to 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 Energy.  We have included this as a stipulation in Resolution A.

 

Fire Safety:  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.

 

OTHER ISSUES

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 Addresses: We recommend that prior to issuance of a Zoning Compliance Permit, that the development and proposed street name and address numbers for each lot be reviewed and approved by the Town Manager.  We have included this as a stipulation in Resolution A.

 

Miscellaneous:  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 D would deny the request.