ATTACHMENT 4

 

Resolution A

(Preliminary Staff Recommendation)

 

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR FAIRWAY HILL SUBDIVISION (File No. 9798-67-4341)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Fairway Hill Subdivision, proposed by H. E. Rayfield, Jr., on the property identified as Orange County Property Identification Number 9798-67-4341, if developed according to the preliminary site plan dated March 8, 2006 and revised July 20, 2006, and the conditions listed below, would comply with the provisions of the Land Use Management Ordinance:

 

These findings are based on the following:

 

Stipulation Specific to the Development

  1. Expiration of Preliminary Plat:  That this Preliminary Plat approval shall be valid for one year from the date of approval subject to reapproval by the Town Manager in accordance with the provisions of the Land Use Management Ordinance.
  2. Number of Lots:  That this approval shall authorize the creation of 4 single-family lots on 5.1 acres.

Stipulations Related to Transportation, Access, and Circulation

  1. On-site Road Improvements:  That a 27-foot wide road, measured from back of curb to back of curb, with 30-inch wide curb and gutter, within a 45-foot wide right-of-way shall be built to Town Standard.
  2. Sidewalk Improvements:  That a 5-foot wide sidewalk shall be built to Town Standard on one side of the new road and shall extend around the cul-de-sac.
  3. New Road Location: That the new subdivision roadway be located at the northern portion of the site. 
  4. Pavement Marking Plan:  That the applicant submits a signage and pavement marking plan to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The signs and pavement markings shall be installed by the applicant prior to issuance of the first Certificate of Occupancy for a structure on the new lots.
  5. Pedestrian/Bicycle Path to Aquabella Property:  That the applicant or Homeowners’ Association shall construct a 5-foot wide pervious surface improved public pedestrian/bicycle path, to the Aquabella property.  That the preferred location of the path shall be between lots 3 and 4, or at an alternate location as determined by the Town Manager.  The design and location of the path shall be connected with the proposed development of the adjacent residential development (also known as Aquabella Subdivision).  That the construction of the path involve minimal land disturbance. As best as can be determined the final location of the path, and design of the path, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
  6. Pedestrian/Bicycle Path to Meadowmont Soccer Field:  That prior to issuance of the first Certificate of Occupancy, the applicant or Homeowners’ Association shall construct a 5-foot wide pervious surface improved public pedestrian/bicycle path to the Meadowmont Soccer Field.  That the preferred location shall be generally between lots 2 and 3.  That the construction of the path shall involve minimal land disturbance.  That the final location and design of the path shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
  7. Pedestrian/Bicycle Path Maintenance and Ownership:  That the applicant or Homeowners’Association shall be responsible for the construction and maintenance of the public pedestrian/bicycle paths and installation and maintenance of signage. That prior to the issuance of a Zoning Compliance Permit the applicant shall provide for the Town Manager review and approval, a deed conveying to the Homeowners’ Association, a 10-foot wide strip of land that contains the public pedestrian/bicycle paths.  The deed shall note that the Homeowners’ Association is responsible for the maintenance of the pedestrian paths and associated signage.  That a copy of the approved recorded deeds shall be cross referenced on the final plat at the Orange County Register of Deeds Office.
  8. Pedestrian/Bicycle Path Easement:  That with the recordation of a final plat, the applicant shall dedicate to the Town, a 10-foot wide public pedestrian/bicycle easement on the Homeowners’ Association property for the paths to the Aquabella Subdivision and the Meadowmont soccer field.  The easement and boundaries shall be reviewed and approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office.
  9. Pedestrian/Bicycle Path Signage:  That prior to the issuance of the first building permit, or upon completion of the grading of the subdivision street, the applicant or Homeowners’ Association shall post signs at the general location of the two proposed pedestrian/bicycle path stating “Location of Future Public Pedestrian/Bicycle Path.  The design and location of the sign shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. That upon completion of each path, the applicant or Homeowners’Association shall post signs at the entrance of the path stating “Access to Pedestrian/Bicycle Path”.

Stipulation Related to Recreation

  1. Payment-in-Lieu for Required Recreation Area:  That the applicant shall provide a payment-in-lieu for that portion of the recreation area not satisfied by the square footage associated with the two pedestrian/bicycle paths.  The payment amount shall be reviewed and approved by the Town Manager in accordance with the Land Use Management Ordinance, Section 5.5.2.  That the square footage associated with the two proposed 5-foot wide pedestrian/bicycle paths shall be considered suitable recreation area and counted toward reducing the required payment-in-lieu.  That the recreation payment amount shall be submitted to the Town prior to recordation of the final plat.
  2. On-site Recreation Area:That the square footage associated with the two proposed 5-foot wide pedestrian/bicycle paths shall be considered suitable recreation area as defined by the Land Use Management Ordinance and counted toward reducing the required payment-in-lieu. 

Stipulations Related to Landscaping

  1. Landscape Buffer and Planting Plan: That the applicant shall provide a 20-foot wide Type-C buffer along the Country Club and Meadowmont soccer field property lines.  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.
  2. Alternative Landscape Buffer: That in lieu of providing a 20-foot Type “C” buffer at the Country Club property line, an alternate buffer may provided between the proposed development and the Chapel Hill Country Club.  That an alternate landscape buffer along the Chapel Hill Country Club property shall be reviewed and approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.
  3. 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 area associated with the landscape bufferyard.  The deed shall note that the landscape bufferyard, is owned, controlled and maintained by the Homeowners’ Association.  The deed shall be recorded concurrently with and cross-referenced on the recorded plat.
  4. Landscape Protection Plan:That a  detailed Landscape Protection Plan, clearly indicating which rare and specimen trees will be removed and preserved and indicating significant tree stands, and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
  5. Tree Protection Fencing:That the limits of land disturbance and tree protection areas be indicated with tree protection fencing and shown on the Landscape Protection Plan, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
  6. Preservation of Significant Trees: That the final plans and all applicable Single Family Zoning Compliance Permits include the preservation of all trees identified in the significant tree stand.

Stipulations Related to Resource Conservation District

  1. Boundaries:  That the boundaries of the Resource Conservation District be indicated on the final plat and plan.  A note shall be added to all final plats and final plans, indicating, “Development shall be restricted within the Resource Conservation District in accordance with the Chapel Hill Land Use Management Ordinance.”
  2. Construction Standards:That for encroachment(s) into the Resource Conservation District, the requirements and standards of Section 3.6.3(g) of the Land Use Management Ordinance, including minimization of land disturbance, and all other applicable Resource Conservation District regulations must be adhered to. This approval authorizes construction of a public roadway through the Resource Conservation District.
  3. Variances:  That all variances necessary for development within the Resource Conservation District are obtained before application for final plat or final plan approval for the subject phase(s) of development.  That no lot be created that would require a Resource Conservation District Variance in order to be built upon. 
  4. Buildable Lots:  That all residential construction, including clearing, grading and construction shall be located entirely outside of the Resource Conservation District.  That prior to the issuance of a Zoning Compliance Permit, it must be demonstrated, for each lot, that there is sufficient buildable area outside: the Resource Conservation District; significant tree stands; slopes of 25 percent or greater; easements; and building setback limits.

Stipulations Related To Stormwater Management

  1. Land Disturbance Activity Prohibited in the Resource Conservation District:  That all required erosion control sediment basins and all stormwater improvements, including associated clearing and grading, shall be located entirely outside of the Resource Conservation District and shall not impact the root systems of any significant trees.
  2. Stormwater Facility Prohibited in the Public Right-of-Way:  That all detention/retention basins, stormwater facilities and associated infrastructure be located outside of existing or proposed right-of-way as well as outside of all building setbacks.
  3. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit, the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager. The plan shall be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate. The plan shall provide for the retention of stormwater run-off volume for the 2-year storm.  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.
  4. Best Management Practices:That the applicant shall employ Best Management Practices, such as drainage swales and level spreaders, to manage the rate and quality of runoff, based on best available information from the NC State University Cooperative Extension. Bio-retention areas to be designed in accordance with the standards specified in the Engineering Design Manual and the Land Use Management Ordinance.  Final design and locations shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.   
  5. Storm Drainageway Easement: That all stormwater management improvements, outside public right-of-way, shall be located inside reserved storm drainageway easements and shown on the final plans and final plat, per Town guidelines, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit
  6. Stormwater Operations and Maintenance Plan:  That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. The plan shall include the owner’s financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit. The Stormwater Operations and Maintenance Plan shall be referenced in the Homeowners’ Association documents.
  7. Residential Stormwater Impact Statement:  That for each lot, a stormwater impact statement addressing stormwater management on a lot by lot basis, must be reviewed and approved by the Town Manager prior to the issuance of a Single Family Zoning Compliance Permit for said lot. Residential stormwater facilities on individual lots must be within a stormwater drainage easement and outside of the building setbacks.  Covenants shall be provided for the maintenance of the facilities.  A note to this effect shall be placed on the final plans and final plat.
  8. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit.  That a performance guarantee be provided in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.
  9. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

Stipulations Related to Steep Slopes

  1. That all Final Plan applications, including the Single-Family Zoning Compliance Permits, shall demonstrate compliance with the steep slopes regulations in the Land Use Management Ordinance.  The application shall include a plan showing residential building areas and street segments on slopes of 10 percent or more.  The plan shall indicating how the development and construction will comply with the steep slopes regulations in the Land Use Management Ordinance including:
    1. for slopes of 10 – 15 percent, site preparation techniques shall be used which minimize grading and site disturbance;
    2. for slopes of 15 – 25 percent, demonstrate specialized site design techniques and approaches for building and site preparation; and
    3. for slopes of 25percent or greater, provide a detailed site analysis of soil conditions, hydrology, bedrock conditions, and other engineering or environmental aspects of the site.

    Prior to the issuance of a Zoning Compliance Permit the Town Manager shall approve a steep slope plan. Steep slope restrictions shall be referenced in the Homeowners’ Association documents.

Stipulations Related to Water, Sewer, and Other Utilities

  1. Utility/Lighting Plan Approval: That the final Utility/Lighting Plan be approved by Duke Energy, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.
  2. Street Lighting Plan: That a street lighting plan shall be reviewed and approve by Duke Energy and the Town Manager prior to the issuance of a Zoning Compliance Permit.  That if the proposed street lighting plan includes non-standard poles and/or fixtures, that the plans and the Homeowners’ Association documents indicate that the applicant, or Homeowners’ Association, shall be responsible for the additional cost as determined by Duke Energy.
  3. OWASA Easements: That easement documents as required by OWASA and the Town Manager be recorded concurrently with the final plat. That the final plat shall be reviewed and approved by OWASA and the Town Manager prior to the issuance of a Zoning Compliance Permit.
  4. Placement of Utility Lines Underground: That all new utility lines shall be placed underground.
  5. Fire Flow: That a fire flow report shall be prepared and sealed by a registered professional engineer, and shall show that flows meet the minimum requirements of the Town Design Manual, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
  6. Fire Hydrant Spacing:That maximum spacing between fire hydrants shall not exceed 400 feet, subject to approval by the Town Manager.

Stipulations Related to Homeowners’ Association

  1. Homeowners’ Association:That a Homeowners’ Association be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of common areas, however designated. The Homeowners’ Association documents shall be approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and shall be cross-referenced on the final plat.  The Homeowners’ Association documents shall comply with Section 4.6.7 of the Land Use Management Ordinance.
  2. Dedication of Common Area to Homeowners’ Association: That the applicant provide for Town Manager review and approval, a deed conveying to the Homeowners’ Association all common and open space areas.  These documents 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.

Miscellaneous Stipulations

  1. State or Federal Approvals That any required State or federal permits or any required encroachment agreements for development in areas such as wetlands must be approved by the appropriate agencies and copies of the approved permits be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.
  2. Street Names and Addresses: That the name of the development and its streets and house numbers be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
  3. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle and pedestrian traffic will be managed, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
  4. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, for managing and minimizing construction debris, and a pre-demolition and pre-construction meeting, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
  5. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.
  6. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Land Use Management Ordinance and the Design Manual.
  7. As-Built Plans: That as-built plans in DXF binary format using State plane coordinates, shall be provided for street improvements and all other existing or proposed impervious surfaces prior to issuance of the first Certificate of Occupancy.
  8. Plant Rescue: That the applicant consider conducting plant rescue activities on the site prior to initiation of development activity.
  9. Certificates of Occupancy:That no Certificates of Occupancy shall be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.     That if the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and that a note to this effect shall be placed on the final plat.
  10. Construction Sign:That the applicant shall post a construction sign that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of the commencement of any land disturbing activities. The construction sign may have a maximum of 4 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.  That the Town Manager shall review and approve a detail for the sign prior to the issuance of a Zoning Compliance Permit.
  11. Schools Adequate Public Facilities Ordinance: That the applicant provides the necessary Certificates of Adequacy of Public Schools prior to recordation of the final plat.
  12. Continued Validity:That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
  13. Non-severability:That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

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 Fairway Hill Subdivision in accordance with the plans and conditions listed above.

 

This the _____ day of _______________, 2006.