AGENDA #10 | Aquabella Subdivision: Application for Preliminary Plat Approval

MEMORANDUM

TO:	Roger L. Stancil, Town Manager

FROM:	J.B. Culpepper, Planning Director
	George Small, Engineering Director
	Gene Poveromo, Development Coordinator

SUBJECT:	Aquabella Subdivision: Application for Preliminary Plat Approval
	(File No. 9798-67-1484)

DATE:	November 6, 2006

PURPOSE

Tonight, the Council continues the Aquabella Subdivision Public Hearing from October 9, 2006, regarding a Preliminary Plat application to authorize the subdivision of 4.7 acres into four lots. On October 9, the applicant requested revision to a number of stipulations in the recommended resolution of approval for the proposed subdivision. Tonight we respond to the specific requests for change. Adoption of Resolutions A, B, or C would approve a Preliminary Plat application with conditions. Adoption of Resolution D would refer the applicant to the Special Use Permit process. Adoption of Resolution E would deny the request.

OPTIONS

Approve the preliminary plat application for the proposed subdivision with the adoption of revised Resolution A

Refer the applicant to the Special Use Permit process and Right-of-Way abandonment process with the adoption of Resolution D

We recommend that the Council adopt revised Resolution A, approving the Preliminary Plat with conditions. We also recommend that the Council adopt Resolution D and refer the applicant to meet with staff and discuss the Special Use Permit process in order to explore options regarding placement of stormwater improvements. Please refer to Attachment #1, Preliminary Discussion of Special Use Permit Scenarios: Aquabella Subdivision for additional discussion.

This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:

Cover Memorandum: Provides background information on the development proposal and the Town’s review process, presents evidence in the record thus far in support of and in opposition to approval of the application, and offers recommendations for Council action.
Attachments: Includes a copy of the September 18, 2006 Public Hearing memorandum, and the October 9, 2006 Public Hearing memorandum, and their related attachments.

Attachment 2, as distributed by the applicant on October 9, groups proposed changes to the staff’s recommended stipulations into four categories: 1) Completion date for speed hump; 2) Path ownership and transfer date; 3) Block additional Certificates of Occupancies; and 4) Amendments to enable maximum Stormwater treatment in Right-of-Way.

Staff comments to these proposed changes are listed below.

1) Completion date for speed hump

Pedestrian Drive Speed Hump: The applicant is requesting that instead of requiring the new speed hump on Pinehurst Drive to be in place prior to the issuance of a Zoning Compliance Permit, that the construction of the speed hump be required prior to the approval of the Final Plat.

Comment: We concur with the applicant on this proposed change. Revised Resolution A includes a stipulation requiring that the speed hump be installed prior to the approval of the Final Plat.

2) Path ownership and transfer date

Pedestrian Path Maintenance, Dedication and Easement: The applicant is requesting that the deed conveying the 10-foot wide strip of land to the Homeowners’ Association be reviewed and approved prior to issuance of a Final Plat. The applicant is also requesting that the path easement be dedicated to the Homeowners’ Association.

Comment: We concur with the applicant’s proposal for deed approval with the approval of the Final Plat. With respect to the path easement, we recommend that the recorded plat include a public easement on land owned and maintained by the Homeowners’ Association. Revised Resolution A includes these recommended stipulations.

Payment-in Lieu for Recreation Requirements: The applicant is requesting language clarifying the stipulation for payment-in-lieu for recreation area.

Comment: We concur with the applicant’s suggestion that the stipulation for a payment-in-lieu be revised. Although the applicant’s attachment includes a proposed stipulation, we recommend the following wording for this revised stipulation:

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 public easement area associated with the pedestrian/bicycle path. That the square footage associated with the public easement encumbering the pedestrian/bicycle path shall be considered suitable recreation area and counted toward reducing the required recreation area payment-in-lieu. 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 recreation payment amount shall be submitted to the Town prior to recordation of the final plat.

This recommended stipulation has been included in Resolution A.

Dedication of ~~Commom Areas~~ Pedestrian Path to Homeowners’ Association: We believe that the applicant’s proposed change to this stipulation may be base on the applicant’s position that the intent of the stipulation should be specific and indicate that the only area to be dedicated to the Homeowners’ Association is the pedestrian path.

Comment: We do not concur with the applicant’s proposed changes. In addition to the proposed pedestrian/bicycle path, Resolution A stipulates that the applicant construct on-site stormwater facilities for the management of runoff from the proposed development. We recommend that the land area associated with the pedestrian/bicycle path and the stormwater management facilities be deeded to the Homeowners’ Association.

With respect to the applicant’s desire for stipulations that are clearly worded, we recommend the following two separate stipulations:

Pedestrian/Bicycle Path Maintenance, Dedication and Easement: That the applicant, or Homeowners’ Association, shall be responsible for the construction and maintenance of the pedestrian/bicycle path. That prior to the approval of a Final Plat 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 pedestrian path and the easement. The deed shall be recorded concurrently and cross referenced on the final plat.

Stormwater Management Facilities Maintenance, Dedication and Easement: That the applicant, or Homeowners’ Association, shall be responsible for the construction and maintenance of the stormwater management facilities. That prior to the approval of a Final Plat, the applicant provide for Town Manager review and approval, a deed conveying to the Homeowners’ Association land that contains the stormwater management facilities. The deed shall be recorded concurrently and cross referenced on the final plat.

Homeowners’ Association: This proposed change involves deleting the word “common area” from the stipulation and replacing it with the words “pedestrian path and stormwater Best Management Practices.”

Comment: We do not concur with the applicant’s proposed changes. With respect to the applicant’s desire for stipulations that are clearly worded, we believe that the two above recommended stipulations address this concern.

3) Block additional Certificate of Occupancies

The applicant is proposing minor changes to three stipulations associated with the issuance of certificates of occupancy.

Comment: We concur with the applicant’s general proposal to revised three stipulations associated with the issuance of Certificates of Occupancy. However, we recommend that the stipulation refer to the first Certificate of Occupancy for construction of new dwelling units on a lot created by this subdivision. Resolution A has been revised accordingly.

4) Amendments to enable maximum Stormwater treatment in Right-of-Way

The applicant is proposing major changes to four stipulations associated with stormwater management.

Comment: We do not concur with the applicant’s proposed changes. If the applicant desires to pursue these changes, we recommend that the Council refer the applicant to the Special Use Permit application process as discussed in the October 9 Public Hearing memorandum.

Other Revised Stipulations presented at the October 9 Public Hearing

During the October 9 meeting, the staff also presented a list of revised stipulations (Attachment 3). These recommended revisions clarify that the proposed pedestrian path permits bicycles and is dedicated by the applicant as a public easement. These recommended stipulations are included in Resolution A.

RECOMMENDATIONS

Revised Staff Recommendation: The Revised Staff Recommendation includes the following stipulations added since the October 9 Public Hearing:

Construction of speed hump prior to Final Plat approval;
Construction of the pedestrian/bicycle path prior to issuance of a Certificate of Occupancy on a lot created by this subdivision;
Clarify that the pedestrian/bicycle path and the stormwater facilities are deeded to the Homeowners’ Association;
Revised recreation area payment-in-lieu stipulation;
Changes to required improvements and Certificates of Occupancy; and
Revised pedestrian/bicycle public easement stipulations.

We recommend that the Council adopt Revised Resolution A, approving the application with conditions. We also recommend that the Council adopt Resolution D, referring the applicant to the Special Use Permit process to further consider the broader stormwater objectives.

Resolution B would approve the application as recommended by the Transportation Board, Bicycle and Pedestrian Advisory Board, and the Parks and Recreation Commission.

Resolution C would approve the application as recommended by the Planning Board.

Resolution D would refer the applicant to a Special Use Permit Process.

Resolution E would deny the application.

ATTACHMENTS

1. Preliminary discussion of Special Use Permit Scenarios: Aquabella Subdivision (p. 19).

2. Applicant’s recommended stipulation (October 9, 2006) (p. 22).

3. Revised stipulations presented by staff (October 9, 2006) (p. 25).

4. Public Hearing Memorandum from October 9, 2006 (begin new page 1).