ATTACHMENT 1
STAFF REPORT
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SUBJECT: |
Public Hearing: Estates at Oxford Subdivision – Application for Preliminary Plat Approval (File No. 9777-64-2202) |
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DATE: |
January 23, 2008 |
INTRODUCTION
We have received a request from Andrew Greene for Preliminary Plat approval of the Estates at Oxford Subdivision. The 24.2-acre site is located on the east side of Smith Level Road between Woodward Way and Dogwood Drive. The applicant is proposing to develop four lots on a new cul-de-sac off Woodward Way.
BACKGROUND
The Council reviewed a Concept Plan for this subdivision on January 17, 2007 and the Community Design Commission (CDC) reviewed the Concept Plan submittal on September 20, 2006. Copies of their comments are attached. We note that the preliminary plat application has not changed since it was reviewed at the concept plan stage.
EXISTING CONDITIONS
Location: Located in the Jordan Lake Watershed, the site is bounded on the north and east sides by medium density residential use (Dogwood Acres Subdivision); and on the south side by low density residential use. On the west side, across Smith Level Road, is low density residential property in Carrboro’s planning jurisdiction.
Existing Structures/Land Use: One single-family house and four outbuildings are located near the lower frontage on Smith Level Road in a cleared grassed area of about 1.5 acres. The applicant proposes to demolish the existing outbuildings. About midway along the northern property line is a cleared area where landscaping materials had been stored. We understand that this was a zoning violation that has recently ceased. The applicant states that the landscaping materials are currently being removed.
Topography, Drainage, Vegetative Cover: The site, clearcut about 10 years ago, is predominantly covered with young trees in the early stages of succession, though there are a few larger trees on the perimeter of the property. Cleared grassed areas surround the existing house and extend along the southern property line adjacent to Woodward Way. Most of the site is fairly level, at slopes of 10% or less. An area of 15-25% or greater slopes is situated on the northeast quadrant of the site, as well as in the far northwest corner. Northward drainage occurs in these two areas, the northeast area also encompassing the beginning segment of an ephemeral stream and an intermittent stream. The portion of this site adjacent to the intermittent stream, about three quarters of an acre, is in the Resource Conservation District.
EVALUATION
Town staff has reviewed this application for compliance with the standards of the Land Use Management Ordinance and the Design Manual and offers the following evaluation.
Development Description
The preliminary plat proposes 4 single-family lots on approximately 24.2 acres. Each lot meets the minimum lot size of 5 acres. Lot sizes range from 5 to 9.2 acres. The existing house will be made available for relocation or recycling by a qualified agency. At the time of new house construction on Lot 3, any remaining structures on that lot will be demolished. Regarding the area used for storing landscape materials, the resulting cleared area may be used for a house footprint or septic system, or may be revegetated by a future property owner.
Vehicular access to the site is proposed as a 500-foot long cul-de-sac within a 50-foot public right-of-way off Woodward Way. The internal street would be constructed to Town local residential street standards and is to be dedicated as public right-of-way (NCDOT). A bio-retention basin for managing stormwater from the street is proposed at the end of the cul-de-sac. In addition, the applicant proposes providing a stormwater management facility on each lot for managing stormwater runoff associated with lot development.
A payment-in-lieu is proposed instead of on-site recreation area.
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 an accessory apartment, places of worship, child day care facilities, and non-profit recreation facilities are permitted uses on lots in the Residential-Low Density-5 (R-LD-5) zoning district under certain circumstances. In this case, the applicant’s proposal is based on single-family dwelling use of these proposed lots.
Zoning: The property is in the R-LD-5 zoning district, which specifies a 5-acre minimum lot size. The proposed preliminary plat shows the lots meet the minimum lot size requirements.
Dimensional Standards: The proposed lots meet the minimum lot size, width, and frontage requirements in the Dimensional Matrix (Table 3.8-1) of the Land Use Management Ordinance for the Residential-Low Density-5 (R-LD-5) zoning district.
Housing Floor Area/Affordable Housing Restrictions: The applicant is proposing fewer than five lots, and therefore the Floor Area Restrictions/Affordable Housing requirements of the Land Use Management Ordinance do not apply. However, we have encouraged the applicant to consider providing an affordable housing component to this subdivision. No affordable housing is proposed with this application.
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.
Access and Circulation
Traffic Impact: The Traffic Impact Analysis was waived for this development in accordance with Town guidelines because the total number of trips for the proposed development is projected to be 40 trips per day. We believe there will be no significant traffic impact on the surrounding street network.
Vehicular Access: This site has approximately 550 feet of frontage on Smith Level Road and 725 feet of frontage on Woodward Way. Smith Level Road and Woodward Way are maintained by NCDOT. There is one existing driveway into the site from Smith Level Road (proposed Lot 3) and informal vehicular access from an adjacent lot in the Dogwood Acres neighborhood (providing access to a previous landscape business, into what is proposed as Lot 4).
No access is proposed directly from Smith Level Road after construction is completed. We have included a stipulation in Resolution A clarifying that no driveway access will be allowed on the Smith Level Road frontage.
Vehicular access into the site is proposed as a 500-foot long cul-de-sac within a 50-foot public right-of-way off Woodward Way. The applicant is proposing to construct the new street with two 9-foot wide travel lanes, without curb and gutter or sidewalks. The roadway construction proposed by the applicant does not comply with the Town’s minimum design standards for a local road. We recommend that the applicant construct the internal street with two 10-foot travel lanes, including a ditch on both sides of the street and a sidewalk on one side of the street, all within a publicly dedicated 50-foot wide right-of-way. We have included this condition in Resolution A.
Pedestrian Circulation: We recommend construction of a sidewalk on one side of the new street. The applicant does not wish to install sidewalk on the new street, citing a desire to maintain a rural feel on this street. We believe sidewalk construction would enhance pedestrian safety in the new subdivision. Because this area is outside Town limits, and annexation is not anticipated, sidewalk for the new street would need to be located within a private pedestrian easement and maintained by the Homeowners’ Association. We have included in Resolution A a stipulation calling for new sidewalk along the new street.
Public Improvements: Because this area is outside Town limits, and annexation is not anticipated, we recommend the Homeowners’ Association or NDCOT be responsible for the maintenance of the internal streets. We also recommend that the Homeowners’ Association be responsible for maintaining the sidewalk.
Bus Stops and Routes: The nearest bus stops are at the intersection of Rock Haven Road and Smith Level Road, about a mile away (J route; JN and T Saturday Routes); and the Southern Village Park/Ride Lot, about 1.2 miles away (NS and V Routes). Since this site is outside the Urban Services Area, and does not receive Chapel Hill Transit service, we did not recommend installation of a bus stop on this property’s frontage.
Recreation
Recreation Requirements: The Land Use Management Ordinance requires that a certain percentage of subdivision land be set aside for recreation area for the residents. Section 5.5.2 of the Ordinance requires that the applicant provide 42,253 square feet of recreation area for this Preliminary Plat application. For sites with less than 2 acres of required recreation area, the Land Use Management Ordinance states that the Council may require a payment-in- lieu. The applicant is proposing to make a payment-in-lieu. We believe that, based on the formula in the Ordinance, a payment-in-lieu would be approximately $21,086. We recommend that the applicant provide a payment-in-lieu of providing on-site recreation area. Resolution A includes this recommendation.
Landscape
Specimen Trees: We believe that no large or specimen trees will be affected by the proposed development, as the few existing large trees are on the perimeter of the site.
Buffers and Landscape Plan: The following landscape buffer is required for this subdivision:
The applicant is proposing a 20-foot wide buffer along the Smith Level Road frontage. 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, the Town Manager review and approve a landscape planting plan for the buffer. Resolution A includes a stipulation that the applicant provide the minimum landscape bufferyard requirement, as listed above, and deed the area to the Homeowners’ Association.
Landscape Protection Plan: The Land Use Management Ordinance requires that the Landscape Protection Plan clearly delineate areas of the site that are significant tree stands and the scaled critical root zones of the site’s rare and specimen trees as defined in the Town’s Land Use Management Ordinance. The applicant has stated that no trees 12-inch in diameter or greater exist internal to the site or within 100 feet of proposed land disturbance for the new street. Tree protection and silt fencing are shown along the grading limits for the construction of the new subdivision street. We recommend that a detailed Landscape Protection Plan for the proposed development be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included this as a stipulation in Resolution A.
Environmental
Energy Management: The applicant states he will “encourage owners and builders of each home to use energy-saving/greenbuilding strategies and technologies as much as possible.” Resolution A does not include a stipulation addressing energy management with respect to home construction.
Resource Conservation District: The northeast portion of the site (approximately three quarters of an acre) is in the Resource Conservation District associated with an intermittent stream. The applicant proposes no road construction in the Resource Conservation District.
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 activities associated with residential construction, including clearing, grading, be located entirely outside the Resource Conservation District. In addition, for each lot, it must be demonstrated that there is sufficient buildable area outside the Resource Conservation District, slopes of 25 percent or greater, vegetated buffers, easements, and any applicable building setback limits. A stipulation has been included regarding the buildable area of each lot has been included in Resolution A.
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. 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.
Watershed Protection District: The proposed development is located in the Watershed Protection District. Impervious surface area (i.e. built-upon area) is restricted in the Watershed Protection District by Section 3.6.4 of the Land Use Management Ordinance. Development with a proposed density not exceeding 2 units/acre or 24 percent built-upon area (impervious surface area) will satisfy the Low-Density Option of the Watershed Protection District regulations. This development is proposed to be 0.20 units per acre and therefore satisfies the Low Density Option. No further impervious surface limits are required.
Stormwater Management: A bio-retention basin for managing stormwater from the street is proposed within the building setback on Lot #2 at the end of the cul-de-sac. We recommend the proposed bio-retention basin be shifted downstream so that it will be situated outside the street setback. We further recommend that prior to issuance of a Zoning Compliance Permit, the applicant provide a design for a stabilized drainage channel with velocity control on the downstream side of the proposed bio-retention basin.
The applicant proposes that a stormwater management facility be installed on each individual lot to manage stormwater run-off from the residences. This would necessitate a stormwater impact statement, stormwater management plans, and stormwater facility for each lot to address the lot-specific stormwater runoff. We recommend that a statement of this intent be included on the final plans and on the recorded final plat. We recommend that for each lot, the individual stormwater management statement, plan, and facilities be reviewed and approved the Town Manager prior to issuance of a building permit.
We also recommend that these stormwater management features not be permitted within an approved bufferyard area or building setback. We have included a stipulation to this effect in Resolution A.
Erosion Control: We recommend that an Erosion Control Plan for the site 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 a letter of credit or bond be provided to ensure compliance with erosion control requirements.
Steep Slopes: Most of the site is fairly level, at slopes of 10% or less. An area of 15-25% or greater slopes is situated on the northeast quadrant of the site, as well as in the far northwest corner. All of the proposed lots have adequate building sites which are outside the areas of slopes greater than 25 percent. We have included as stipulation in Resolution A which would require Town Manager approval of the Steep Slopes Plan during final plan review and prior to issuance of a Zoning Compliance Permit.
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” after the issuance of a Zoning Compliance Permit and prior to start of construction.
Utilities and Service
Refuse Management: Because this site is outside the Town’s Urban Services Boundary, private refuse collection will be necessary. Orange Community Recycling intends to provide regular curbside recycling services to residences in this subdivision in the future, when its service area expands to include this area. Until then, residents will need to recycle at dropoff sites, such as the University Mall recycling site. We recommend that prior to the issuance of a Zoning Compliance Permit, the Manager review and approve a Solid Waste Management Plan.
Water Wells and Septic Tanks: Because the property is located outside the Town’s Urban Services Boundary, water and sewer service cannot be extended to this site. Thus these lots are subject to review by the Orange County Health Department for approval of septic service and septic fields, as well as individual water supply systems (wells) prior to the recordation of a final plat. Resolution A includes a stipulation to this effect.
Urban Service Boundary-Utility Easement: The Orange Water and Sewer Authority recommended that the applicant provide a 30-foot sanitary sewer easement on the property lines between Lots 2 and 4. This proposed development is located outside the Urban Service Boundary, where extension of water and sewer lines is not permitted. Resolution A does not include the recommendation by OWASA to provide a sewer easement between Lots 2 and 4.
Utilities: The site will be served by Duke Energy, phone, cable, and gas via underground lines from Woodward Way. No streetlights are proposed. We recommend that the final utility/lighting plans be approved by Duke Energy, Time Warner Cable, Public Service Company, AT&T, and the Town Manager before issuance of a Zoning Compliance Permit. We have included this as a stipulation in Resolution A.
All new or relocated power lines, except for three phase electrical distribution transmission 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 these utility lines shall be placed underground. A stipulation to this effect has been included in Resolution A.
Fire Protection: The subject site is located outside of the Town’s Urban Services Boundary. Fire protection will be provided via an existing joint agreement between Orange County and the towns of Carrboro and Chapel Hill.
The closest water main is a 12-inch line along the east side of Smith Level Road. The nearest fire hydrants are on Dogwood Drive (2,300 feet north of the new subdivision entrance) and on North Circle Drive (1,400 feet east of the new subdivision entrance), both in the adjacent Dogwood Acres Subdivision. The Town’s Fire Marshal notes that the distance between these hydrants and the anticipated building sites in this proposed development precludes use of these hydrants by the Town’s fire fighting equipment for this development.
Because this proposed development is located outside the Town’s Urban Service Boundary, the extension of a water line, or the installation of a fire hydrant on the existing line along Smith Level Road, is not permitted. The Town’s Fire Marshal has reviewed the plans in light of the fact that water mains cannot be extended to the site at this time.
For protection of individual homes, the Fire Marshal originally recommended that the applicant be required to provide each house with a residential sprinkler system meeting the requirements of Section 13D of the National Fire Protection Association Standards. We believe that installation of fire protection sprinklers is an important consideration, given that this site cannot be served by hydrants for fire protection, and the Town has no pumper truck to provide water to the site. For further discussion of this issue, please refer to the attached memorandum from the Fire Chief.
Although we agree that fire safety is a concern, we note that consideration of a subdivision, in accordance with North Carolina law, does not allow the inclusion of a public safety condition. The process for subdivision approval does not require the Council to make the finding that public health, safety, and welfare will be promoted by the proposed development, as is required in the review of Special Use Permit. Thus, the Town cannot require the applicant to install sprinkler systems.
We have included in Resolution A a stipulation encouraging the applicant to consider installing sprinkler systems. An additional stipulation calls for adding notes to the final plat and Homeowners’ Association documents, to be recorded in the County Register of Deeds Office, which would alert potential lot owners that until annexation, no water/sewer lines can be extended to serve these lots for fire protection and other purposes.
Miscellaneous
Comprehensive Plan: The Southern Small Area Plan, a component on the Comprehensive Land, designated this site as Rural Residential (1 unit/5 acres).
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, sidewalk, and stormwater management basins. We have included a stipulation to this effect in Resolution A.
We recommend that NCDOT or the Homeowners’ Association be responsible for the maintenance of the internal street and sidewalk.
As discussed in the Fire Protection section above, we recommend inclusion of notes in the Homeowners’ Association documents alerting potential lot owners that, absent annexation, no water or sewer lines can be extended to serve these lots.
We recommend that the Homeowners’ Association and applicable documents 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.
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 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 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 Permits: We recommend that prior to the issuance of a building permit for each individual lot, 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 that the proposal, with the conditions in Resolution A, meets or exceeds the requirements of the applicable sections of 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 application.