ATTACHMENT 1
STAFF REPORT
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SUBJECT: |
Public Hearing: Homestead Twin Towns Development –Special Use Permit Planned Development-Housing (File No. 9870-61-8194) |
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DATE: |
April 16, 2007 |
INTRODUCTION
Attached for your consideration is an application for a Special Use Permit for a Planned Development-Housing to allow the construction of a multi-family residential development on a 21.5-acre site that is located on the south side of Homestead Road just west of the intersection with Seawell School Road. The site is located in the Residential-2 (R-2) zoning district. The site is identified as Orange County Parcel Identifier Numbers 9870-61-8194; a portion of 9870-61-8593; a portion of 9870-70-1770; and 9870-71-3197.
The Special Use Permit application also includes a proposal to subdivide an existing lot, of approximately one acre, on Rogers Road This site is located on the east side of Rogers Road, north of Sylvan Way. This property is identified as Orange County Parcel Identifier Number 9870-52-9175 and is located in the Residential-1 (R-1) zoning district.
Both sites are located outside the Town of Chapel Hill’s corporate limits and in the Town’s northern Joint Planning Transition Area (JPA).
BACKGROUND
In 2004, the Community Design Commission and the Town Council reviewed a Concept Plan. In 2005, the applicant submitted a revised Concept Plan proposal. Comments from the Community Design Commission review (2/16/05) and the Town Council review (2/21/05) are attached. On February 23, 2006, the applicant submitted the Special Use Permit and the Zoning Atlas Amendment applications.
EVALUATION
Town staff has reviewed this application for comparison with the standards of the Land Use Management Ordinance and the Design Manual and offers the following evaluation. Please note that the Special Use Permit will be discussed with the assumption that two accompanying applications will be enacted because the current Special Use Permit proposal is only possible with these actions preceding it.
Existing Conditions
Location: The 21.54-acre site is located on the south side of Homestead Road, just west of the intersection with Seawell School Road. The site is near the Homestead Village neighborhood to the east.
The Rogers Road portion of the development is approximately 1 acre in size and is located on the east side of Rogers Road north of Sylvan Way. This site is adjacent to the Glenbrooke neighborhood to the east and south, an existing single-family dwelling unit to the north, and the Highland Meadows neighborhood to the west. This site is located in the Residential-1 (R-1) zoning district.
Existing Structures: The Homestead Road site includes two occupied single-family dwelling units. The applicant is proposing to relocate these two homes to the Rogers Road site. As part of this application, the applicant is proposing to subdivide the Roger Road lot. The Rogers Road portion of the proposed development is vacant.
Pedestrian Circulation: There are currently short sections of sidewalks along Homestead Road and Seawell School Road. With respect to the proposed lots on Rogers Road, there is a sidewalk along the east side of Rogers Road to the north and south of this property.
Bus Stops, Routes: Homestead Road and Seawell School Road are currently provided with limited bus service. The closest bus stops are within the Homestead Village neighborhood and at the intersection of Homestead Road and Rogers Road. We are not recommending any transit improvements at this time.
Topography, Drainage, Vegetative Cover: The Homestead Road site is gently sloping with most of the site having less than 10 percent slope. The site slopes from a high point of 536 feet above sea level, at the intersection of Homestead Road and Seawell School Road to a low point of 480 feet above sea level at the south western edge of the property. The southern portion of the site includes Resource Conservation District and is traversed by a perennial stream and ephemeral stream. An ephemeral stream has also been identified along Homestead Road in the northwest portion of the site.
The Homestead Road site is wooded with trees consisting primarily of 30-year-old pine trees. There are oaks, maples, sweet gums, and hickory trees scattered throughout the site. The western portion of the site is characterized by a mature mixed forest. There is a 38-inch white oak specimen tree located on the northern side of the site closer to the intersection of Homestead Road and Seawell School Road. A portion of the Homestead Road site has been identified as a significant tree stand on the Landscape Plan. The tree stand extends from the northern property line near Homestead Road to the southern property line.
The Rogers Road site is generally sloping from the northwest corner to the southwest corner, with a high point of 510 feet above sea level to a low point of 498 feet above sea level. There are no identified streams on this property. This site contains a mix of hardwoods and pine trees with no significant or specimen trees identified.
Neither site is located within the Town’s Watershed Protection District.
Development Description
Homestead Road Site: For the portion of the development proposed on Homestead Road, the Special Use Permit application proposes to construct 36 buildings that would include 72 dwelling units. The townhome-style dwelling units would range in size from 1,000 square feet to 2,500 square feet and would be a mix of two bedroom and three bedroom units. The applicant is proposing to provide a pool and associated clubhouse and a play area as part of the application. The applicant is proposing to provide 139 parking spaces, of which 57 spaces would be garage spaces.
The applicant is proposing that 20 percent of the 72 units (15 units) would be permanently affordable dwelling units available for private ownership. The applicant is proposing to work with Orange Community Housing and Land Trust in the initial sale of these units.
The applicant is proposing a detention pond located in the western part of the site.
Access to the Homestead Road site would be provided by two access points, one on Homestead Road and one on Seawell School Road. The applicant is proposing that the internal street network be constructed to Town public streets standards and be dedicated as public right-of-way.
As part of the application, the applicant has proposed a land swap with an adjoining property owner. The land swap is proposed to limit the impact on the Resource Conservation District. A proposed driveway cut on Seawell School Road on the adjoining property (as shown on Sheet 5), is not part of this proposed application.
Rogers Road Site: For the portion of the development located on Rogers Road, the applicant is proposing to relocate the two existing single-family homes from the Homestead Road site to the Rogers Road site. As part of the application, the applicant is proposing to subdivide the lot on Rogers Road into two lots.
Concept Plan/Special Use Permit Application Comparison
The plans for the Homestead Twin Towns have changed in minor respects from Concept Plans reviewed by the Community Design Commission and by the Town Council. Some of those differences are noted in the table below:
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Concept Plan / Special Use Permit – Comparison |
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2004 Concept Plan Proposal |
January 2005 Concept Plan Proposal |
Feb. 2005 Concept Plan Proposal |
2006 Special Use Permit |
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Land Area |
18.65 acres |
21.54 acres |
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Dwelling Units |
72 |
86 |
72 |
74 |
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Floor Area |
130,000 sq. ft. |
146,202 sq. ft. |
125,000 sq. ft. |
160,461 sq. ft. |
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Parking Spaces |
144 spaces |
172 spaces |
137 spaces |
139 spaces |
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Affordable Units (percentage) |
25% small house (1,350 sq. ft.) |
20.9% (18 units) |
20.8% (15 units) |
20.2% (15 units) |
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Impervious Surface |
24 % |
22.3 % |
21.2 % |
16.2% |
Ordinance Requirements
Zoning: The applicant is proposing to rezone the Homestead Road site from Residential-2 (R-2) to Residential-4-Conditional (R-4-C). Please see the accompanying rezoning memorandum for additional information. The adjacent zoning is Residential-1 (R-1) to the north and southwest, Residential-2 (R-2) to the west and east, and Residential-5-Conditional (R-5-C) to the southeast.
The Rogers Road site is zoned Residential-1 (R-1). The adjacent zoning to the Rogers Road site is Residential-1 (R-1) to the north, east, and south. To the west, Rogers Road is the dividing line between Chapel Hill’s and Carrboro’s jurisdiction. The applicant is not proposing to rezone this site.
Dimensional Standards: The proposed project meets the dimensional standards outlined in the Dimensional Matrix (Table 3.8-1) of the Land Use Management Ordinance for the proposed Residential-4-C (R-4-C) zoning district and the Residential-1 (R-1) zoning district.
Homestead Road Site: As proposed, with rezoning to Residential-4-Conditional (R-4-C), the proposed Homestead Road project would meet the Land Use Management Ordinance standards for floor area, setbacks, and building heights. We provide the following chart to compare the existing zoning (R-2), Residential-4 (R-4), and the proposed zoning (R-4-C).
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Comparison of Zoning Districts and Permitted Land Use Intensities (Homestead Rd Site) |
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Zoning District |
Max # of permitted dwelling units |
Max. floor area (sq.ft.) (including RCD reductions) |
Proposed floor area (sq.ft.) |
Max Units per Acre |
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Residential-2 (current zoning) |
86 |
66,864 |
157,431* |
4 |
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Residential-4 (district required to accommodate floor area proposed by applicant) |
215 |
159,583
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10 |
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Residential-4-Conditional (zoning district proposed by applicant) |
72* |
3.3* |
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* maximum limits proposed by applicant
As indicated in the above chart, the applicant’s development proposal complies with all of the requirements of the Residential-2 (R-2) zoning district, with the exception of the maximum permitted floor area. Consequently, the applicant has requested a rezoning to Residential-4-Conditional (R-4-C), in order to have additional floor area for this development.
Rogers Road Site: The Rogers Road site, with the Residential-1 (R-1) zoning district, is limited to 3,268 square feet of floor area. The applicant is proposing to relocate the two existing homes on the Homestead Road site to the Rogers Road site. These existing homes, together, are approximately 3,030 square feet in floor area.
Though not requested by the applicant, we recommend a modification of the regulations to allow the two Rogers Road single-family homes to be expanded at a later date if desired by future homeowners. We recommend this modification of the regulations to allow these two homes to be treated as other single-family homes. We believe the public purpose to be achieved with this proposed modification of regulations relates to consistency of regulations.
Affordable Housing: The applicant is proposing to build 15 affordable units and work with the Orange Community Housing and Land Trust to market and sell the units.
We recommend that the developer prepare an Affordable Housing Plan that addresses the following items, for approval by the Town Manager prior to issuance of a Zoning Compliance Permit:
3. The determination of eligibility of the owners;
4. Marketing of the dwelling unit(s);
5. Adequate assurances that the designated units will remain affordable in perpetuity; and
6. The pricing of the affordable housing units shall be subject to the approval of the Town Manager.
These recommendations have been incorporated into Resolution A.
During the Planning Board review, the applicant objected to the staff’s initial recommendation that monies collected from a transfer fee associated with the sale/resale of properties are to be placed in a fund for the specific purposes of paying homeowners association dues for persons who acquire affordable housing. The applicant offered an alternative to the transfer fee recommendation. We have asked the applicant to provide information on this proposed alternative at tonight’s Public Hearing.
Transportation
Traffic Impact: A Traffic Impact Analysis (TIA) was prepared by the Town Consultant in accordance with the Town’s TIA guidelines. The purpose of this study is to determine the impact to the surrounding transportation system caused by the additional traffic generated by the proposed development, which is anticipated to be fully built out by the year 2008.
The findings of the TIA indicate the additional traffic generated by the proposed Homestead Twin Towns would not be expected to negatively impact the surrounding roadway network. A copy of the Transportation Impact Analysis Executive Summary is attached to this report (Attachment 9).
Vehicular Access: Two points of access to the Homestead site are proposed, one from Homestead Road and one from Seawell School Road.
The Traffic Impact Analysis reviewed the proposed intersection locations on Homestead Road and Seawell School Road. The required intersection sight distance at each of the entrances of the proposed development is 390 feet for left turns from a stopped condition and 335 feet for right turns from a stopped condition.
Homestead Road Site – Sight Distance: According to the Traffic Impact Analysis, prepared by RS& H Architects- Engineers-Planners, Inc., the intersection sight distance for the proposed development drive on Homestead Road is 390 feet for left turns and 335 feet for right turns as stated above. The intersection of the proposed development drive on Homestead Road has adequate sight distance on the driver’s right. However, the entrance allows for a sight distance of approximately 200 feet to the driver’s left, which is less than the required distance. Beyond this point, the roadway curves beyond the driver’s view. Moving the entrance to the west along the curve would not provide the necessary sight distance on the driver’s left. Moreover, the move would reduce the sight distance on the driver’s right because the road would curve beyond the driver’s view.
We believe that the improvements proposed by the applicant, along Homestead Road, will provide the minimum sight distances as recommended by the Traffic Impact Analysis. We recommend that the proposed development drive location remain as shown on the plans.
With respect to the proposed intersection on Seawell School Road the sight distance meets minimum standards and therefore no roadway improvements will be necessary to improve sight distance at this location.
Homestead Road Improvements: In accordance with the applicant’s proposal, we recommend the following:
· That half of a 100-foot right-of-way be dedicated for the Homestead Road frontage.
· That the Homestead Road frontage be improved to provide 12-foot wide travel lanes plus a 12-foot-wide left turn lane, and 4-foot-wide bicycle lane, curb and gutter, and a 5-foot-wide concrete sidewalk to be located a minimum of three feet behind the curb along the site frontage.
· That the applicant upgrade the traffic signal at Homestead Road and Seawell School Road intersection with pedestrian amenities and bicycle-activated loops if approved by the N.C. Department of Transportation prior to the issuance of first Certificate of Occupancy.
Stipulations to this effect have been included in Resolution A.
Seawell School Road Improvements: In accordance with the applicant’s proposal, we recommend the following:
· That half of a 80-foot right-of-way be dedicated for the Seawell School Road frontage.
· That the Seawell School Road frontage be improved to provide 12-foot travel lanes plus a 12-foot-wide left turn lane, and 4-foot-wide bicycle lane, curb and gutter, and a five-foot wide concrete sidewalk to be located a minimum of three feet behind the curb along the site frontage.
Stipulations to this effect have been included in Resolution A.
Internal Streets: The applicant is proposing that the internal street for the proposed Homestead Road site are constructed to Town standards and are dedicated as public-right-of way in order to be eligible for Town maintenance once this area is annexed into the Town limits. We support this proposal. As now shown some of the horizontal curves are below the Town’s minimum standards. It will be necessary prior to issuance of a Zoning Compliance Permit for the applicant to revise the plans subject to approval by the Town Manager. This has been included as a stipulation in Resolution A.
Rogers Road Site: For the Rogers Road site, we recommend that the applicant provide half of a 70-foot right-of-way dedication along the Rogers Road frontage. We recommend that the applicant widen the north bound roadway pavement width to 16 feet in order to accommodate a bicycle lane along the Rogers Road frontage. This would match the road cross-section to the south and north of the site.
Vehicular Parking: Article 5.9 of the Land Use Management Ordinance requires minimum off-street parking of 1.5 spaces for each two bedroom units and two spaces for each three bedroom unit, in a multi-family development.
Homestead Road Site: The Land Use Management Ordinance requires a minimum number of 137 parking spaces for the proposed dwelling units on the Homestead Road portion of the site. The applicant is proposing 139 parking spaces (129 off-street parking spaces and 10 on-street spaces).
The Council is considering a proposal to amend the Land Use Management Ordinance with respect to off-street parking requirements. If the proposed new vehicle parking regulations are adopted, the minimum off-street parking requirements, for the proposed Homestead Road site would be 1.4 parking spaces for each two bedroom unit and 1.75 spaces for three bedroom units. The proposed changes to the parking regulations would also have a maximum of 1.75 spaces for two bedroom units and 2.25 spaces for each three bedroom unit. These new regulations would require a minimum of 121 parking spaces and a maximum of 154 parking spaces. This proposal would comply with the proposed vehicle parking regulations.
Rogers Road Site: The Land Use Management Ordinance requires a minimum of two parking spaces for each single-family dwelling unit. Compliance with the front yard parking restrictions will be determined at the time of application for a Single-Family Zoning Compliance Permit.
Pedestrian Circulation: There are short sidewalk segments along Homestead Road and Seawell School Road in this area. With respect to the proposed lots on Rogers Road, there is a sidewalk along the east side of Rogers Road to the north and south of this property.
Homestead Road Site: The applicant is proposing to provide a five-foot sidewalk along the site’s frontage on the Homestead Road and Seawell School Road, including a two-foot-wide curb and gutter and a minimum of a three-foot wide grass strip. We note that in the Zoning Atlas Amendment application, the applicant stated that they will construct a sidewalk along Seawell School Road to connect the community with the schools. The applicant is proposing to construct a sidewalk along the Seawell School Road frontage of this site. In addition to this sidewalk, we also recommend the applicant construct a sidewalk from their southern property line to High School Road. We have included stipulations to this effect in Resolution A.
Rogers Road Site: The applicant is proposing to provide a five-foot sidewalk along the Rogers Road frontage with a swale. We recommend that the applicant construct a five-foot sidewalk along the site’s Rogers Road frontage.
Between the Rogers Road site and Homestead Road there is a sidewalk, along the east side of Rogers Road that does not extend all of the way to Homestead. The North Carolina Department of Transportation is currently undertaking a roadway improvement project along Homestead Road. As part of this project we anticipate that NDCOT will construct a sidewalk along the northside of Homestead Road between High School Road and Rogers Road. As part of this project we understand that the North Carolina Department of Transportation will construct a sidewalk along the east side of Rogers Road to meet the existing sidewalk. Because this work is anticipated, we do not recommend that the applicant construct the missing sidewalk segment between the Rogers Road site to Homestead Road.
Bus Stops and Routes: There are presently no public bus stops along the Homestead Road or Seawell School Road frontage. A bus stop is located within the Homestead Village neighborhood and at the corner of Homestead Road and Rogers Road. There is no existing transit service along Rogers Road. The closest bus stop is at the northwest corner of Rogers Road and Homestead Road. We do not recommend that this applicant provide bus stop improvements.
Bicycle Parking: The Land Use Management Ordinance requires that a multi-family residential development provide one bicycle parking space per dwelling unit, plus one space equal to 10 percent of auto parking spaces. Accordingly, the applicant shall provide a minimum of 86 bicycle parking spaces. The applicant is proposing that 57 of the 72 units shall include garages and therefore bicycle parking can be accommodated within the garages. The Council is considering a proposal to amend the Land Use Management Ordinance with respect to bicycle parking requirements. The proposed regulations would require one bicycle parking space per six dwelling units. This would require 12 bicycle parking spaces.
We recommend that the applicant comply with the bicycle parking standards in place at such time that the Town Council approves the Special Use Permit.
Bicycle parking is not required for the two proposed single-family lots on Rogers Road.
Recreation
Recreational Requirements: Section 5.5.2 of the Land Use Management Ordinance requires that the applicant provide 37,668 square feet of active recreation space; 36,593 square feet of active recreation space for the Homestead Road site and 1,075 square feet of recreation space for the Rogers Road site.
The applicant is proposing to satisfy the recreation requirement for the Homestead Road site and the Rogers Road site by providing a swimming pool and associated clubhouse, a play structure, swing set, and picnic tables on the Homestead Road site. The applicant calculates the square footage associated with the proposed recreation area improvements to be 36,839 square feet.
We recommend that the proposed recreation space be counted toward the 37,668 square feet of required recreation space. However, we believe that as proposed, the applicant may be estimating too many square feet of recreation space in both the pool and the play areas.
We recommend that additional active recreation features be added to the play area site to provide adequate recreation space and that calculations be provided to support the amount of recreation space claimed. We recommend that prior to issuance of a Zoning Compliance Permit, the numbers, configuration, and type of amenities in the recreation space to be provided on-site be approved by the Town Manager. If a deficiency of recreation space remains, we recommend that the applicant provide a payment-in-lieu for the remaining amount. We have included a stipulation to this effect in Resolution A.
We recommend that the applicant provide a note on the final plat and in the Homestead Road homeowners association documents indicating that the two single-family homes on Rogers Road have legal access to the recreation space provided at the Homestead Road site. We have included this as stipulation in Resolution A.
Landscaping and Architecture
Significant Tree Stand: A portion of the Homestead Road site has been identified as a significant tree stand on the Landscape Plan. The tree stand extends from the northern property line near Homestead Road to the southern property line. The applicant has indicated that the proposed development would impact a considerable portion of the significant tree stand in the northern part of the site.
The Rogers Road site has also been identified as a significant tree stand for a considerable portion of the site. The applicant indicates that the proposed development would impact a portion of the significant tree stand.
Specimen Trees: Approximately 170 specimen trees have been identified on the Landscape Plan for the Homestead Road site. Approximately 56 of the specimen trees on the proposed Homestead Road site will be retained as shown on the submitted tree protection plan. With respect to the Rogers Road site, no significant trees have been identified.
Buffers and Landscaping-Homestead Road Site: The table below outlines the minimum landscape buffers requirements for the proposed Homestead site.
Homestead Road Landscape Buffers
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Location |
Ordinance Requirement |
Proposed Buffers |
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Southern and Western Boundaries |
10’ Type ‘B’ Internal Buffer |
10’ Type ‘B’ Internal Buffer |
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Northern Boundary (Homestead Road frontage) |
30’ Type ‘D’ External Buffer |
30’ Type ‘D’ External Buffer |
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Eastern Boundary (Seawell School Road frontage) |
20’ Type ‘C’ External Buffer |
20’ Type ‘C’ External Buffer |
Homestead Road Buffer: There is an existing utility easement running through a portion of the site near Homestead Road. The applicant is proposing to relocate the utility lines parallel to Homestead Road. We recommend that the plans clearly show all existing and/or proposed utility easements. The Ordinance requires that the utility easement be located outside of the required buffer. Resolution A includes a stipulation to that effect.
The applicant is proposing to do some grading in the northern landscape buffer along Homestead Road frontage and we recommend that these areas be properly replanted. We recommend that the buffer area be fully and densely planted to provide maximum screening from Homestead Road.
In areas that are being cleared adjacent to Homestead Road, we recommend that the applicant provide a replanting plan that includes dense planting of larger caliper landscape plantings rather than the minimum plant size (as described by caliper dimension) requirements in the Town’s Design Manual. Specifically, we recommend that in these areas, the installation of all required shade trees be a minimum of 3 ˝ “ caliper, all small trees be a minimum of eight to 10 feet in height, and all shrubs be transplanted from containers at least five gallons in size. We recommend that prior to issuance of a Zoning Compliance Permit, the Town Manager review and approve a landscape planting plan for the buffers. Resolution A includes stipulations to that effect.
We recommend that the applicant provide the minimum bufferyards and that the buffers be identified on the final plans and plat as common area to be deeded to the Homeowners’ Association. We also recommend that provisions for the maintenance of the buffer be incorporated into the Homeowners’ Association covenants. These recommendations have been incorporated into Resolution A.
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 stipulations to this effect in Resolution A.
Rogers Road Landscape Buffer: With respect to the Rogers Road site, the minimum buffers are described below:
Rogers Road Landscape Buffers
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Location |
Ordinance Requirement |
Proposed Buffers |
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Southern, Western, and Northern Boundaries |
Not required |
Not required |
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Western Boundary (Rogers Road frontage) |
20’ Type ‘C’ External Buffer |
20’ Type ‘C’ External Buffer |
Buffers are not required for the property lines adjacent to single-family dwelling units. A 20-foot type “C” external buffer is required along the western boundary of the site, the Rogers Road frontage. The applicant is proposing a 20-foot, type “C” external buffer along the western boundary of the site. We recommend that the applicant provide the minimum bufferyard and that the bufferyards be deeded to the Homeowners’ Association and maintained through the covenants and restrictions of the development. We have included these as stipulations in Resolution A.
We recommend that prior to issuance of a Zoning Compliance Permit, that the Town Manager review and approve a landscape planting plan for the Rogers Road buffer. The Landscape Protection Plan shall include any rare or specimen trees. Resolution A includes a stipulation to that effect.
The Homeowners’ Association shall be responsible for owning and maintaining common areas associated with the proposed Roger Road site.
Landscape Protection Plan: We recommend that a detailed Landscape Protection Plan for the proposed Homestead Road and Rogers Road site be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We recommend that the proposed tree protection fencing extend along the entire Homestead Road and Seawell School Road frontages between the existing vegetation to be retained and the proposed street and sidewalk construction. We recommend that the plan include a detail of protective fencing, including a detail for chain-link fencing, and construction parking and materials staging/storage areas. This plan must also show all critical root zones of rare and specimen trees affected by proposed construction, indicating which trees are proposed for removal, and where tree protection fencing, silt fencing, and as determined necessary where chain link fencing will be installed. The Landscape Protection Plan shall also provide adequate space around the two existing single family buildings on the Homestead Road site so that they can be successfully elevated off of their foundations and transported to the Rogers Road site. We have included stipulations to this effect in Resolution A.
We recommend that detailed landscape plans (including buffers), and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The landscape plan shall indicate the size, type, and location of all proposed plantings. We have included a stipulation to this effect in Resolution A.
Building Elevations and Lighting Plan: The Ordinance requires that detailed building elevations and a lighting plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Environmental
Wetlands Location: We recommend that the applicant submit Final Plans which show the location of State or federally regulated wetlands on the site. We also recommend that any proposed disturbance of wetlands shall demonstrate compliance with applicable State and federal regulations. That prior to issuance of a ZCP, the development meet NC Division of Water Quality 401 and 404 Certification requirements for any proposed wetland and/or stream impacts.
Energy Efficiency: The staff’s initial recommendation to the Advisory Boards included a stipulation that requires the applicant to submit energy models showing a minimum energy efficiency savings of 20% relative to ASHRAE (American Society of Heating, Refrigeration and Air Conditioning Engineers) Standard 90.1-2004. The applicant has stated that this standard is more applicable to multi-story structures (ie. Greenbridge or East 54) and requested that the stipulation be amended in order to be applicable to this proposed townhouse development.
Subsequent to the writing of this memorandum, the Town Council was scheduled to discuss adopting an updated policy, during its April 11, 2007 meeting, specifying the Council’s expectations for energy efficiency and an energy management plan for applicants seeking approval of conditional use rezoning applications. This proposed development includes an application for a conditional rezoning to Residential-4-Conditional (R-4-C).
As a preliminary recommendation, we have incorporated the following stipulation into Resolution A:
That the applicant will incorporate a “20 percent energy efficient” feature into their plans, relative to the energy efficient standard of the American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE), or other comparable standards generally recognized as applicable to building energy consumption, applicable at the time of application.
Watershed Protection District: The proposed development is located outside of the Watershed Protection District.
Impervious Surface: The Homestead Twin Towns application, with a total of approximately 22.5 acres, is proposed under the low density option for impervious surface.
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Proposed Impervious Surface Data |
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Gross Land Area |
Maximum Impervious Surface (50%) |
Proposed Impervious Surface |
Percent Impervious |
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Homestead Road Site |
938,291 sq.ft. |
234,572 sq.ft. |
152,024 sq.ft. |
16.2 |
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Rogers Road Site |
43,009 sq.ft. |
10,572 sq.ft. |
6,111 sq.ft. |
14.2 |
Section 3.6.4-1 of the Land Use Management Ordinance requires proposed residential development to comply with either an impervious surface restriction (50 percent impervious surface) or a maximum density limit of two units per acre. The applicant is proposing approximately 152,024 square feet of impervious surface area (16 percent) on the Homestead Road site. The Rogers Road site is proposed with 6,111 square feet (14 percent) of impervious surface.
Resource Conservation District: The Homestead Road site has 331,786 square feet of Resource Conservation District on the site associated with the presence of a perennial stream channel along the southern boundary of the site. The Town has conducted an on-site inspection and determined that there is also ephemeral stream along the northern and southern property lines.
A portion of the proposed detention pond, located in the western portion of the site, is shown within the Resource Conservation District. We recommend that the stormwater facility and all associated land disturbance be relocated to minimize the impact of land disturbance within the Resource Conservation District. We have included a stipulation in Resolution A stating that land disturbance activities associated with the stormwater facility are to be limited to the upland zone of the Resource Conservation District except for the discharge pipe from the storm water facility and for the extension of the OWASA sewer main.
We recommend that the disturbance in the RCD be limited to these areas and have included this as a stipulation in Resolution A.
Several of the proposed residential structures on the Homestead Road site are adjacent to the Resource Conservation District line. In order to minimize land disturbance in the Resource Conservation District, we recommend that all proposed structures are located a minimum of 10 feet from the Resource Conservation District. The applicant has stated that there will be no land disturbance associated with the construction of the residential structures within the Resource Conservation District. The applicant is also proposing to install a temporary chain link fence along the entire length of the edge of Resource Conservation District during construction. We have included a stipulation in Resolution A, that where deemed necessary, that the Town Manager may required that the applicant install chain link fencing in order to minimize land disturbance in the Resource Conservation District and/or to protect critical root zone of significant trees.
There is an ephemeral stream channel flowing in a southwesterly direction across the site. It appears that the applicant is proposing development within this ephemeral stream channel. According to Section 5.4.6 of the Land Use Management Ordinance, land disturbance within the stream channel of any ephemeral stream shall be minimized, and prohibited unless the necessity for such disturbance is demonstrated. As part of the required Stormwater Management Plan, we recommend that the applicant identify the ephemeral stream channels, demonstrate the necessity of land disturbance within these channels, and demonstrate how such disturbance shall be minimized. We have included a stipulation to this effect in Resolution A.
Stormwater Management: The applicant is proposing a detention pond, located in the south western part of the site, for managing increased stormwater runoff associated with the proposed development. The applicant is also proposing 11 stormwater infiltration level spreaders, with each approximately 30 feet in length, along the southern portion of the site, adjacent to the Resource Conservation District.
We believe, based on the preliminary information submitted by the applicant, that the proposed design of the stormwater management facilities will comply with the Land Use Management Ordinance stormwater standards for rate, quality and volume. We recommend that, prior to the issuance of a Zoning Compliance Permit, the applicant submit a Stormwater Management Plan for review and approval by the Town Manager. We have included a stipulation to this effect in Resolution A.
Erosion Control: We recommend that a Soil and Erosion Control Plan for the site be approved by the Orange County Erosion Control Office and the Town Manager prior to issuance of a Zoning Compliance Permit. This stipulation is included in Resolution A.
Utilities and Services
Refuse Management: The applicant has proposed that the Town of Chapel Hill provide curbside refuse collection and that Orange County Community Recycling provide curbside recycling service to this site. We note that this development is a multi-family residential development and thus is required by Town Code to provide bulk refuse collection facilities if public services are to be provided. The applicant believes that the Town Code associated with bulk refuse collection does not apply to this proposed development and therefore did not provide a location for bulk refuse collection on the submitted site plan.
Although we believe that the details for a bulk refuse collection site could be worked out during final plan review, we are concerned that it may be necessary for the applicant to reduce the overall number of units during final plan review, in order to provide adequate space for a bulk refuse collection site. We recommend that the final plans show the location of bulk refuse collection facilities to serve this project. We suggest the applicant consider a refuse compactor to reduce the amount of space required to provide for service. We have included the following stipulation in Resolution A.
· That the developer provide bulk refuse and recycling collection facilities (including corrugated cardboard) throughout the Homestead Road site. The plans shall be subject to the approval of the Town Manager, prior to issuance of a Zoning Compliance Permit; OR
· That the developer contract with a private refuse collection and/or recycling collection service for curbside collection, and alternatively indicate how sufficient bulk refuse and recycling collection facilities would be constructed on the plans, in the event that public service is requested in the future.
Resolution A also includes a stipulation that if necessary, in order to accommodate bulk refuse collection, that the number of residential unit may be reduced, as determined necessary by the Town Manager.
We note that Town refuse collection services will not be available to this development until the development has been annexed into the Town’s corporate limits.
We have also included our standard stipulations in Resolution A requiring that 1) a Solid Waste Management Plan be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit; and 2) all collection vehicle access routes to any area providing refuse facilities or recycling facilities be paved with all-weather heavy-duty pavement.
Utilities: The Ordinance requires that detailed utility plans be reviewed and approved by OWASA, Duke Energy Company, Public Service Company, BellSouth, Time Warner Cable and the Town Manager prior to issuance of a Zoning Compliance Permit. Except for three phase power lines, the Ordinance requires that all new or relocated utility lines be located underground. We have included these standard stipulations in Resolution A.
Fire Hydrant Location: It is required that all new structures be located within 400 feet of a fire hydrant and that all hydrants be shown on Final Plans, subject to the approval of the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Miscellaneous
Construction Management Plan: We recommend that the applicant provide a Construction Management Plan, indicating how construction vehicle traffic will be managed, subject to approval by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
Traffic and Pedestrian Control Plan: We recommend that the applicant provide a Work Zone Traffic Control Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction. The plan must include a pedestrian management plan indicating how pedestrian movements, including pedestrian using the transit system, will be safely maintained. The plan must be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
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.
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.
Comprehensive Plan: The adopted Land Use Plan classifies the site as “Low Density Residential” indicated as 1 to 4 units per acre. This application proposes 3.3 units per acre.
Single Family Zoning Compliance Permits: We recommend that prior to moving the two single-family dwelling units to the Rogers Road location, that the applicant obtains a Single-Family Zoning Compliance Permit for each proposed lot.
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” at the Homestead portion of the development after the issuance of a Zoning Compliance Permit and prior to start of construction.
SPECIAL USE PERMIT FINDINGS
Special Use Permit Findings
For approval of a Special Use Permit, the Council must make the following findings, as set forth in Article 4.5.2 of the Land Use Management Ordinance:
(a) That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
(b) That the use or development complies with all required regulations and standards of this Chapter, including all applicable provisions of the Land Use Management Ordinance;
(c) That the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity; and
(d) That the use or development conforms with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.
Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made, with the modification of regulations noted previously.
Based on information available at this stage of the application review process, we believe that with:
The proposed Special Use Permit with conditions in Resolution A and proposed Modifications to Regulations complies with the requirements of the Land Use Management Ordinance, the Design Manual, and that the proposal conforms with the Comprehensive Plan.
Resolution A would approve the application with conditions. Resolution B would deny the application.