ATTACHMENT 1

 

STAFF REPORT

 

SUBJECT:

Public Hearing: Bradley Ridge Preliminary Plat Cluster Subdivision

(File No. 9880-96-7441)

DATE:

January 23, 2008

 

INTRODUCTION

 

We have received a request from applicants Millennium Commercial Properties, LLC, and Habitat for Humanity of Orange County for Preliminary Plat approval of the Bradley Ridge Cluster Subdivision. The 37.2-acre site is located on the east side of Sunrise Road just north of Sweeten Creek Road.  The applicant is proposing to develop 63 lots.  Access is proposed from Sunrise Road and from Amesbury Drive. 

 

BACKGROUND

 

This application is the combination of the previously approved Bradley Green Subdivision and the Sunrise Ridge Concept Plan application. 

 

May 12, 2003

Town Council received a report from the Mayor’s Committee and adopted a resolution endorsing Goals/Principles for the proposed Habitat for Humanity residential development on Sunrise Road (attached).

October 18, 2004

Town Council reviewed a Concept Plan Proposal for a Habitat for Humanity development on Sunrise Road, a multi-family development for 50 dwelling units on 17.18 acres.

January 9, 2006

Town Council approved a Preliminary Plat for Bradley Green Subdivision for eight lots on seven acres.

April 19, 2006

Town Council reviewed a second Concept Plan Proposal for Sunrise Ridge Subdivision for 24 buildings with 48 units on 19.41 acres.

 

In 2006, the Sunrise Ridge applicant, Habitat for Humanity of Orange County, entered into an agreement with the Bradley Green applicant.  Following this agreement, a revised Concept Plan submittals, the Bradley Ridge Concept Plan, was reviewed by the Community Design Commission (November 15, 2006) and the Council (January 17, 2007). Comments from these meetings are attached as well as the applicant’s response to the comments on the Concept Plan.

 

EXISTING CONDITIONS

 

Location:  The 37.2-acre site is located on the east side of Sunrise Road, just north of Sweeten Creek Road.  The property is traversed by a 68-foot wide Duke Energy Company transmission easement from the northwest corner and continues in a southeast direction.  The site is composed of 6 different lots.  The southern and eastern borders of the site are adjacent to the Chandler’s Green Subdivision and the northeastern edge of the site abuts the Interstate 40 right-of-way.  To the west is the Carol Woods Retirement Community and single-family dwelling units.  A portion of the site includes the recently closed Potted Plant Nursery.  The southern property line is adjacent to Ginger Road.   

 

Existing Structures: There are three existing dwelling units and several existing greenhouse structures (Potted Plant Nursery) on the site.  The structures are proposed to be removed as part of this application. 

 

Vehicular Access: Vehicle access to the site is currently from Ginger Road, providing access to the closed Potted Plant Nursery and several single-family dwelling units.  The Amesbury Road stub-out from Sweeten Creek Road also provides access to the site.

 

Pedestrian Circulation: There are currently no sidewalks along either side of Sunrise Road or Ginger Road.  There is an existing sidewalk along the western side of Amesbury Drive.  The Chapel Hill Greenways Comprehensive Master Plan identifies the North Trail as a future greenway paralleling Interstate 40.

 

Bus Stops, Routes: There is currently no Chapel Hill Transit service in this area.  The closest transit route is along Weaver Dairy Road.

 

Topography, Drainage, Vegetative Cover:  The topography straddles a ridge line with the land sloping away from this ridge to the west and east.  A significant portion of the site contains areas of less than 10 percent slopes.  The northwestern portion of the site has slopes between 10 and 15 percent.  The highest point on the site, in the southwest corner, is 512 feet above sea level and the lowest point, in the northeast corner, is 458 feet above sea level.

 

There are two stream segments that establish Resource Conservation District areas on the property.  There is a perennial stream in the northwestern portion of the site with 6.2-acres of associated Resource Conservation District.  In the southeast corner of the site, there is a perennial/intermittent stream with 1.9-acres of associated Resource Conservation District.  There are two areas of jurisdictional wetlands on the property.

 

The site includes a mix of pine and hardwood vegetation with 768 trees identified as significant trees as defined by the recently amended Land Use Management Ordinance. 

 

EVALUATION

 

Town staff has reviewed the application for compliance with the standards of the Land Use Management Ordinance and the Design Manual and offers the following evaluation:

 

Development Description:  The applicant proposes to subdivide the 37.2-acre site, as a cluster subdivision, into 63 single-family lots.  The application is a collaboration between Millennium Commercial Properties LLC and Habitat for Humanity of Orange County.  Thirty-one (31) of the 63 single-family lots are proposed as affordable.

 

Proposed lot sizes range from 5,973 square feet to 32,723 square feet.  The required minimum lot size for a cluster subdivision in this zoning district is 5,500 square feet.  With a cluster development the difference in land area, between the standard minimum lot size (10,000 square feet) and the proposed lot size, is added to the minimum recreation area requirements.

 

The applicant is proposing a comprehensive collection system of stormwater basins, to be located throughout the site, for managing stormwater runoff associated with the proposed internal street network and associated single-family lot development.

 

General access to the site is proposed to be provided by two points of access, one from Sunrise Road and one from Amesbury Drive.  The application also proposes that the internal street network be constructed to Town standards and be dedicated as a public right-of-way.  The applicant is also proposing to abandon the existing Ginger Road right-of-way between Sunrise Road and Amesbury Drive. 

 

The development proposal includes the extension of an off-site sanitary sewer main between the proposed development site and the Chandler’s Green neighborhood.

 

Ordinance Requirements

Preliminary Plat: 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 accessory apartments, places of worship, child day care facilities, and non-profit recreation facilities are permitted uses on lots in the Residential-2 (R-2) zoning district under certain circumstances.  In this case, the applicant’s proposal is based on single-family dwelling use of the proposed lots.

 

Cluster Development:  The property is zoned Residential-2 (R-2) and the applicant proposes a cluster development, in accordance with Section 3.8.8 of the Land Use Management Ordinance. The cluster provision allows the developer greater flexibility but does not permit the creation of additional lots (and so the overall density is not increased).

 

If authorized by the Council, cluster developments allow modification of lot size standards; individual lots may be smaller (5,500 square feet vs. 10,000 square feet in the R-2 zoning district).  With a cluster development the difference in land area, between the minimum lot size and the proposed lot size, is added to the minimum recreation area requirements.  The recreation area is increased and the intensity of development is controlled.  With approval of a cluster development, lot width and setback requirements may also be reduced.

 

The Council may approve a cluster subdivision in any residential district if it makes the following five (5) findings in accordance with Subsection 3.8.8(b) of the Land Use Management Ordinance:

  1. The tract proposed for cluster development is at least two (2) acres in size;
  2. Public, separate water supply and sewerage connections are available for every subdivided lot;
  3. The total number of lots proposed for the tract, excluding parcels of reserved recreation area, is not greater than the number determined by multiplying the total gross land area by the maximum density established in Section 3.8 for that zoning district;
  4. The recreation area within the tract shall conform to the recreation area standards of Section 5.5; and
  5. The minimum amount of land reserved as recreation area shall be the sum of all reductions in minimum gross land area as a result of the cluster form of development, combined with the minimum recreation area reservation required in Section 5.5.  Only the minimum recreation area reservation required in Section 5.5 may be dedicated outside the boundaries of the land being subdivided as specified in Section 5.5.2.

 

We believe the proposed development complies with the five finding in Section 3.8.8 of the Land Use Management Ordinance for single-family residential lots in a cluster development.  Each of the 63 proposed lots meets the public water/sewer requirement, minimum gross land area, minimum lot width and minimum street frontage requirements for a cluster development in the Residential-2 zoning district. 

 

With respect to finding (e) the applicant is proposing to satisfy the minimum recreation area by providing a portion of the required recreation areas on site along with a payment-in-lieu.  For additional information on this matter, please refer to the Recreation Requirements discussion in this report.

 

The Council, may, if it chooses, make these five findings and approve this proposal as a cluster development.

 

Housing Floor Area/Affordable Housing Restrictions: As a Preliminary Plat Application with five or more lots, this proposal is subject to Section 3.8.5 of the Land Use Management Ordinance, which places floor area restrictions on 25 percent of the dwelling units.  Section 3.8.6 of the Ordinance allows the developer the option of proposing to substitute an affordable housing component for the floor area restrictions described in Section 3.8.5, subject to Council approval.

 

The developers of this project are proposing to provide affordable housing.   The application includes an offer by Habitat for Humanity Orange County to provide almost 50% of the lots (31 lots) for sale and private ownership, as affordable single-family dwelling units.  These 31 lots are to be available for households earning below 80 percent of the area’s median income.  We endorse the applicant’s affordable housing proposal.  Resolution A includes a stipulation requiring that the applicant submit, for Town Manager review and approval, copies of the deed restrictions addressing the affordability component of this proposed development.  These documents must be approved by the Town Manager prior to the recordation of the final plat. 

 

Schools Adequate Public Facility Ordinance:  The proposed development is subject to the provisions of the Schools Adequate Public Facility Ordinance. We have included this as a stipulation in Resolution A.

 

Access and Circulation

Traffic Impact:  A Traffic Impact Analysis (TIA) was prepared by the Town Consultant in accordance with the Town’s TIA guidelines.  The findings of the TIA indicate that the additional traffic generated by the proposed Bradley Ridge development would not be expected to negatively impact the surrounding road network.  A copy of the Traffic Impact Analysis Executive Summary is attached to this report. 

 

Vehicular Access:  The 32.7 acre site has frontage on Sunrise Road, Ginger Road and Amesbury Drive.  The applicant is proposing that the primary access to the site be from a new intersection on Sunrise Road directly across from the Carol Woods drive.  Secondary access is proposed from the Amesbury Drive roadway stub-out in the Chandler’s Green neighborhood.  Ginger Road is an unimproved narrow public road that provided access to the recently closed Potted Plant Nursery.  The applicant is proposing to abandon Ginger Road between Sunrise Road and Amesbury Drive. 

 

Sunrise Road Improvements:  Sunrise Road is a two-lane, collector public street, without sidewalks, located within a 60-foot wide right-of-way.  The applicant is proposing a new curb cut on Sunrise Road as the primary access into the subdivision. 

 

We recommend that, if approved by NCDOT, the applicant improve the east side  frontage of Sunrise Road, to Town standard or the NCDOT standard, whichever is greater.  We recommend that the improvements include curb and gutter, 12-foot wide travel lanes, and a 5-foot wide bicycle lane. We also recommend a sidewalk along the frontage.

 

We recommend that, if approved by NCDOT, the applicant design and construct an 11-foot left turn lane on Sunrise Road for northbound travel into the Carol Wood development and southbound travel into the proposed development.  We recommend that the detailed design and construction plans of the left turn lane be reviewed and approved by the Town Manager and the NCDOT prior to issuance of a Zoning Compliance Permit. 

 

We recommend that right-of-way be dedicated to a minimum of one-foot behind the sidewalk. 

 

We also recommend that the applicant provide a payment-in-lieu of $5,000 for a traffic signal at the Weaver Dairy Road and Sunrise Road intersection prior to recording the final plat.  NCDOT recently approved a traffic signal at this location and is currently waiting for funding of the design and construction.  

 

These above conditions have been included as stipulations in Resolution A.

 

Ginger Road:  Ginger Road is a single lane gravel public roadway located along a portion of the southern boundary of this proposed development. This roadway provided vehicle access to the closed Potted Plant Nursery and several single-family dwelling units within the boundary of this proposed development.  In order to created deeper residential lots, the applicant is proposing to extend a portion of several residential lots (lots 40 through 50) onto a portion of the existing Ginger Road right-of-way. 

 

We recommend that the applicant either a) abandon the entire Ginger Road right-of-way between Sunrise Road and Amesbury Drive; or b) revise the site plan relocating the proposed lot lines outside of the existing Ginger Road right-of-way.

 

In order to abandon a public right-of-way, State law requires a public hearing, posting of notices of the public hearing at the site, and mailing a notice of the public hearing to adjacent property owners via certified mail.  If the applicant chooses to abandon the entire right-of-way, we recommend that the applicant obtain approval to abandon the right-of-way prior to recordation of a final plat.  Alternately, if the applicant forgoes the abandonment process, and removes the lots lines from the right-of-way, we recommend that the vehicular access to these lots via Ginger Road be prohibited.

 

Resolution A includes language offering the applicant the option to either abandon the entire right-of-way or removing the lot lines out of the right-of-way.

 

Internal Streets:  Two points of access are proposed to the site, one from Sunrise Road and one from Amesbury Drive.  The applicant is proposing that the internal streets be constructed to Town standards, a 27-foot wide cross-section, from back of curb to back of curb.  We recommend that the applicant dedicate a 45-foot wide public right-of-way. 

 

The applicant has proposed three traffic calming speed tables within the development.  We recommend that prior to the opening the Amesbury Drive connection, the applicant install a traffic calming device, outside the development, on that portion of Amesbury Drive within Town limits.   This condition has been included as a stipulation in Resolution A.

 

We also recommend that, subject to approval by NCDOT, the applicant install no parking signs on the internal streets, with parking restrictions similar to the on-street parking restrictions in the Chandlers Green neighborhood.  We also recommend that the final design, and location of the signs shall be reviewed and approved by the Town Manager and that the signs shall be maintained by the Homeowners Association until such time that the area is annexed into the Town limits.  These conditions have been stipulated in Resolution A.

 

Pedestrian Circulation:  There are currently no sidewalks along Sunrise Road.  The applicant is proposing to construct a sidewalk segment on Sunrise Road near the proposed new site entrance.  The applicant is also proposing sidewalks along both sides of all internal streets.  We recommend that the applicant construct a 5-foot wide concrete sidewalk, and a 3-foot wide utility strip along the entire east frontage of Sunrise Road, between the north and south property lines of the proposed development.  We also recommend that the applicant construct a 5-foot wide concrete sidewalk, and a 3-foot wide utility strip on both sides of the internal streets. 

 

We have included these as stipulations in Resolution A.

 

Public Improvements: We recommend that, until this development is annexed into the Town limits, the Homeowners’ Association or NCDOT be responsible for the maintenance of the internal streets including the improved portions of Sunrise Road.  We also recommend that the Homeowners’ Association be responsible for maintaining the sidewalks until annexation.

 

Bus Stops and Routes:  There is presently no public bus service along Sunrise Road or Amesbury Drive.  We recommend that prior to recordation of a final plat that the applicant provide a $6,500 payment-in-lieu for a future bus stop and shelter.  We also recommend that the payment shall be returned to the applicant if it is not used within 5 years of the issuance of a Certificate of Occupancy for the 31st lot.  We have included this as a stipulation in Resolution A.

 

Recreation

Recreational Requirements:  The Land Use Management Ordinance Section 5.5 requires that a percentage of subdivision land be set aside for recreation area for the residents.  The minimum recreation area requirement in the Residential-2 (R-2) zoning district for this development is 176,854 square feet (4.06 acres).  Because this development is proposed as a cluster development, which allows for reduction in lot size, the sum of the reduction in the required lot size must be added to the Residential-2 recreation area requirement in order to determine the minimum recreation area required.  The sum total of the reduction from the minimum required lot sizes is 37,897 square feet.  Therefore, the minimum recreation area requirement for this proposed cluster development is 216,751 square feet (4.98 acres).

 

The Land Use Management Ordinance states that the recreation area must be of a character, shape, and location suitable for use as a playground, playfield, or other active recreation purpose, including greenway pedestrian and non-motorized vehicle easements unless otherwise exempted.  The applicant is proposing 71,730 square feet (1.65 acres) of improved recreation area.  These improvements include a tot lot and an easement for a future greenway trail near Interstate 40. 

 

We also recommend that the applicant construct an informal, low impact pedestrian path between the two proposed two recreation areas.

 

The applicant is proposing to meet the remainder of required recreation area by providing a payment-in-lieu. We estimate that the payment-in-lieu for the remaining 145,021 square feet of recreation area is approximately $140,000.  Resolution A 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.

 

The plans submitted by the applicant erroneously identify a 20-foot access corridor, within the Duke Power easement and directly under the utilities lines, providing access to the open space in the southeastern portion of the site.  .  Because this proposed open space is not required recreation area, and due to the environmentally sensitive Resource Conservation District, we recommend that a path to this area be deleted from the site plans.  The stipulation associated with this path has been deleted from Resolution A.  We believe the applicant will be presenting a revised site plan to the Council without this path. 

 

I-40 Greenway:  The Chapel Hill Greenways Comprehensive Master Plan identifies a potential greenway/trail improvement on this site as a segment of “North Trail.”  Proposed to eventually extend between US 15-501 and the northern limits of the Town’s jurisdiction, development of the “North Trail” is identified as paralleling the existing Interstate 40 corridor.

 

The applicant is proposing to deed to the Town a blanket greenway easement for the “North Trail” within the Homeowners’ Association property.  This easement is proposed on the submitted site plan along the northeastern portion of the site.  The dedication of the greenway easement would allow the Town to construct the trail at a later date.  We recommend that prior to recordation of a subdivision plat, the applicant dedicate a “blanket” construction, maintenance and access greenway easement encumbering the entire Recreation Space #2.  This requirement for a blanket easement for the future North Trail is include in Resolution A.

 

Landscape and Architecture

Specimen Trees:  Approximately 768 specimen trees have been identified on the Landscape Plan for the Bradley Ridge site.  Approximately 130 trees have been identified to be removed as part of the roadway and stormwater construction.  Due to the small size of many lots, we anticipate that additional specimen trees will be removed as a result of residential construction activities.

 

Buffers: The following landscape buffer is required for this proposed development:

 

The applicant is proposing a 100-foot wide buffer between the proposed development and the Interstate 40 right-of-way.  We recommend that the bufferyard 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 application provide the minimum landscape bufferyard requirement, as listed above, and deed the area to the Homeowners’ Association. 

 

Landscape Protection, Planting and Maintenance Plans:  We recommend that detailed Landscape Protection, Planting and Maintenance Plans for the proposed development be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The protection plan must show all critical root zones of any rare or specimen trees affected by the proposed construction, which includes off-site sanitary sewer line extension.  The plan shall indicate which trees are proposed for removal, and where tree protection fencing and silt fencing will be installed.  We have included this as a stipulation in Resolution A.

 

Environmental

Energy Management: This project involves two applicants: Millennium Commercial Properties, LLC and Habitat for Humanity of Orange County.  With respect to energy management, Millennium Commercial Properties LLC has stated that they will “strongly encourage owners and builders of each home to use energy-saving and green building techniques in the construction on these houses.” 

 

Habitat for Humanity has agreed to commit that all of the affordable homes will be Energy Star/Systems Vision certified and will meet at least the bronze level certification for green buildings as established by the Greenbuilding Council of the Durham/Orange/Chatham Home Builders Association.  This commitment has been stipulated in Resolution A.

 

Noise: The site’s location, adjacent to Interstate 40, has raised concerns over noise impact.  The applicant states that the proposed homes to be built by Habitat for Humanity of Orange County will be to Energy Star standards and this will provide additional added improvement to indoor sound levels beyond those predicted for typical new construction.  There are no provisions in any Town ordinances for sound buffering. 

 

Resource Conservation District:  There are three areas of Resource Conservation District associated with this development; two areas on-site, one area off-site. The northwestern portion of the site has approximately 6.2 acres of Resource Conservation District associated with a perennial stream.  A second area of Resource Conservation District is located in the southeast portion of the site and is approximately 1.9 acres.  The third area is located off-site, between lots 21 and 22, in the Chandler’s Green subdivision.  The Resource Conservation District in these two areas is associated with a perennial/intermittent stream.

 

The applicant is proposing approximately 12,000 square feet of land disturbance within the Resource Conservation District for the extension of a sanitary sewer line.  A portion of this sewer line is located between lot 21 and 22 in Chandler’s Green.  Land disturbance associated with the construction of stormwater features, is anticipated within the Upland Zone of the RCD.  Section 3.6.3(e) of the Land Use Management Ordinance lists public utility facilities as a permitted use in the Resource Conservation District where there is a practical necessity for their location in the RCD.  In order to construct these public utility facilities within the Resource Conservation District, the applicant must comply with Section 3.6.3(g) (Standards for Development in Resource Conservation District) of the Land Use Management Ordinance.  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.

 

The Resource Conservation District also extends onto proposed lots 1-6, 58, 59, and 60.  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.  A stipulation 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 restricted 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 that there is a practical necessity to the location of the sanitary sewer and stormwater basins in the Resource Conservation District and that land disturbance within the Resource Conservation District will be minimal.

 

Impervious Surface Limits: Although the proposed development is located outside the Watershed Protection District, the development is limited to 50 percent impervious surface area.    The development application is proposing 114,758 square feet of impervious surface associated with the proposed streets and sidewalks and 238,842 square feet of impervious surface associated with the development of the single-family lots. The proposed impervious surface is 24 percent of the total site.  The Ordinance allows up to 50 percent impervious surface. 

 

We recommend that each lot be allocated a portion of the total of the proposed (388,000 square feet) impervious surface.  We recommend that the final plans and final plat identify this proposed impervious surface limit on each lot and that an impervious surface tally sheet, including impervious surface area associated with street, sidewalks, and similar infrastructure improvements, be submitted with all final plan and with all Single-Family Zoning Compliance Permit and Building Permit applications.  We also recommend that the applicant submit to all purchasers of property and residential units a statement that properly discloses the impervious surface limits associated with each lot.  These recommendations have been incorporated into Resolution A.

 

Stormwater Management: The applicant is proposing to construct stormwater basins that will manage all runoff from the proposed public improvements (streets and sidewalks) and the development of each of the lots.  The applicant is proposing to construct three wet detention basins, one bioretention basin and two infiltration level spreaders.  Final designs and locations are to be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  We recommend that prior to issuance of a Zoning Compliance Permit, the applicant submit a Stormwater Management Plan.  We also recommend that the applicant provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities.  We have included these as stipulations in Resolution A.

 

We recommend that the applicant construct a fence around the detention basin near the tot-lot.  This has been stipulated in Resolution A.

 

Erosion Control: We recommend that an Erosion Control Plan for the site, including off-site construction, 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 also recommend that the applicant provide a letter of credit or bond to ensure compliance with erosion control requirements.

 

Wetlands:  The submitted plans indicate two areas of jurisdictional wetlands on the site.  We recommend that the final plans identify all wetland areas, including any wetlands associated with the off-site sewer extension. Any proposed disturbance of these areas shall demonstrate compliance with applicable state and federal regulations.  It will be necessary to meet North Carolina Division of Water Quality requirements for any wetlands impact.  This has been included as a stipulation in Resolution A.

 

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.  No area of the site is identified as exceeding greater than 25 percent slope.   

 

Open Burning and Plant Rescue:  We have included stipulations in Resolution A requiring that no open burning associated with this development be permitted; and encouraging the applicant to conduct a “plant rescue” after issuance of a Zoning Compliance Permit and prior to the start of construction.

 

Utility and Service

Refuse Management: We note that the Town refuse collection services will not be available to this development until the development has been annexed into the Town’s corporate limits.  Until such time, we recommend that the Homeowners’ Association contract for private collection service.  We note that Orange Community Recycling intends to provide regular curbside recycling services to all single-family type residences in this proposed development at such time it is included in the Orange County recycling program collection service area. We have included our standard stipulations in Resolution A.

 

Utilities:  The Ordinance requires that detailed utility plans be reviewed and approved by OWASA, Duke Energy Company, Public Service Company, AT&T, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit. We have included this as a stipulation in Resolution A.

 

Except for three phase electrical distribution lines, all relocated or new 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.

 

Off-Site Sewer Improvements:  This proposal requires the extension of a sanitary sewer line from the Chandler’s Green neighborhood.  We recommend that the approval of this Preliminary Plat application shall authorize the installation of the off-site utility infrastructure.  We recommend that off-site utility easements, authorizing the installation of the required sewer line, be provided and approved by the Town Manager and OWASA and be recorded at the Orange County Register of Deeds Office prior to 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.

 

Vegetation within the Duke Energy Easement: The site is traversed by a 68-foot wide Duke Energy easement.  We understand that property owners can request that Duke Energy maintain the vegetation within the easement with a mower in lieu of using herbicides.  We have included a stipulation in Resolution A to include language in the Homeowners’ Association document informing future property owners of this option.   

 

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.

 

Miscellaneous

Annexation Notification: This site is located outside town limits.  Because the site is located within the Urban Service Boundary, we anticipate that the proposed development will be annexed into town limits following completion of the development.  We recommend that the final plat and Homeowners Association document includes a statement that the property located within the Bradley Ridge development is subject to annexation by the Town of Chapel Hill

 

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).  The proposal exceeds the Comprehensive Plan affordable housing expectation.

 

Homeowners’ Association:  We recommend that a Homeowners’ Association be created for the purpose of owning and maintaining common areas, however designated, including bufferyards, open space, recreation areas, and stormwater management basins.  We recommend that, until this development is annexed into the Town limits, the Homeowners’ Association or NCDOT be responsible for the maintenance of the internal streets and sidewalks. 

 

We recommend that the Homeowners’ Association and applicable documents be approved by the Town Manager prior to the 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.

 

Construction Management Plan:  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 recommend that, except for the construction work associated with the sewer line within the Chandlers Green neighborhood, that the plan prohibit the use of Ginger Road and any street in Chandlers Green for access by construction vehicles prior to the completion of all infrastructure improvements for the entire development.  We have included a stipulation to this effect in Resolution A.

 

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 will be safely maintained.  The plan must be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 

 

Single-Family Zoning Compliance Permit:  We recommend that prior to the issuance of a building permit for each individual lot, that the applicant obtain a Single-Family Zoning Compliance Permit.  We have included this as a stipulation in Resolution A.

 

CONCLUSION

 

Based on information available at this stage of the application review process, we believe the proposal, if developed in accordance with the stipulations in Resolution A, meets or exceeds the requirements in the Land Use Management Ordinance and Design Manual, and that the proposal conforms to the Comprehensive Plan.

 

Resolution A would approve the application with conditions.  Resolution B would deny the request.