ATTACHMENT 5

            SUMMARY OF PLANNING BOARD ACTION

Subject:                       Purefoy Dr. - Special Use Permit, Planned Development -Housing

Meeting Date: October 2, 2007

Recommendation:      That the Council approve the Purefoy Dr. - Special Use Permit, Planned Development -Housing, with the adoption of Resolution A, as attached to the staff report dated October 2, 2007 with the following conditions:

1. Rogers Road School Bus Stop:  That the staff, NCDOT and the Chapel Hill-Carrboro schools study the school bus stop, near the Rogers Rd/Purefoy Dr, to determine if the stop should be relocated;
2. Bus Stop and Shelter:  That the $6,500 payment-in-lieu shall be refunded within 5 years if not utilized to provide a bus stop, pad, shelter and associated amenities;
3. Duke Energy Easement Vegetation: Require that the homeowner’s association be responsible for maintaining the vegetative cover within the Duke Energy easement in a manner that minimizes the use of herbicides by Duke Energy;
4. Reduced setbacks adjacent to Homeowner’s Association and Bufferyard:  That if the 10-foot wide landscape buffer yards are platted as homeowner’s association common area, that the Council modify the regulation to permit a reduce backyard setback from 14 feet to 4 feet;
5. Purefoy Drive Improvement: Clarify that the construction of a sidewalk along Purefoy Dr., between the east and west property line, is only required on the north side of the road;
6. Internal Connector Streets: Adjust the back of curb to back of curb width from 22-feet to 27-feet;
7. Sight Distance Triangle: Add a stipulation requiring that the final plan and final plat include sight distance triangles at the Purefoy Dr/Edgar Rd intersection;
8. Prohibit Restriction on Solar Collectors: Add a stipulation prohibiting a neighborhood or homeowners association from placing restrictions on solar collectors, including clothes lines; and
9. That the Planning adopt a separate Resolution to the Town Council expressing other concerns and comments (attached to this summary).

Vote:                     9-0

Ayes:   John Ager, Margaret Campion, George Cianciolo, Michael Collins, Thomas Jensen, David Johnson, Andrea Rohrbacher, James Stroud, and Judy Weseman

Nays:   None

Prepared by:                George Cianciolo, Chair

                                    Gene Poveromo, Staff

RESOLUTION TO COUNCIL FROM THE PLANNING BOARD

Subject:                      Purefoy Dr. - Special Use Permit, Planned Development -Housing

Meeting Date:            October 2, 2007

Issue:                          The Planning Board reviewed the Purefoy Dr Special Use Permit on September 18 and October 2, 2007.  During the meetings Planning Board members and citizens expressed concern that the proposed development may not adequately address stormwater management.  Other concerns involved traffic impacts on Purefoy Dr. and the immediate neighborhood.    Of particular concern is the fact that Purefoy Dr. provides the single means of vehicular access to the proposed 50+ lot development. 

Resolution:                 Although the Board recommended that the Council approve the Special Use Permit with conditions, the Board requests that the Council also please consider the following concerns of the Planning Board in its deliberations of this Special Use Application.  This request is being made because the Planning Board, in its review, did not feel it had sufficient information regarding these issues.

• Stormwater impacts on the adjoining properties to the west;
• Traffic impacts on Purefoy Dr.;
• The single vehicular street access to the site via Purefoy Dr; and
• Timing and planning for future Town of Chapel Hill Transit to serve the neighborhood.

The Planning Board also endorsed the eleven guiding principals expressed in the Rogers Road Small Area Task Force summary comments from the Task Force’s September 27, 2007 meeting.

Vote:                     9-0

Ayes:   John Ager, Margaret Campion, George Cianciolo, Michael Collins, Thomas Jensen, David Johnson, Andrea Rohrbacher, James Stroud, and Judy Weseman

Nays:   None

Prepared by:                George Cianciolo, Chair

                                    Gene Poveromo, Staff