ATTACHMENT 1
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SUBJECT: |
South Grove at 15-501 South, Planned Development-Housing Special Use Permit Application (File No. 9776-89-7469) |
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DATE: |
February 5, 2008 (Planning Board) February 14, 2008 (Transportation Board) February 20, 2008 (Community Design Commission) February 20, 2008 (Parks and Recreation Commission) February 26, 2008 (Bicycle and Pedestrian Advisory Board) |
The South Grove Planned Development-Housing Special Use Permit application would create 26 single-family lots on 40 acres. The site is located on the east side of U.S. Highway 15-501, just south of Cole Road and the Town’s Southern Community Park.
The site is located in the Residential-Low Density-1 (R-LD1) zoning district, outside the Town of Chapel Hill’s corporate limits, outside the Urban Services Boundary, and in the Watershed Protection District. Part of the site is in the Town’s Extraterritorial Jurisdiction and part is in the Chapel Hill/Orange County Joint Planning Area.
In 2006, the applicant submitted a Concept Plan proposal. Comments from the Community Design Commission review (August 16, 2006) and the Council’s review (October 4, 2006) are attached.
Location: The 40-acre site is located on the east side of U.S. Highway 15-501 South, just south of Cole Drive and the new Southern Community Park. Surrounding property is in low density residential use and in the Residential Low Density-1 (R-LD1) zoning district.
Existing Structures and Manmade Features: There are no buildings on the site. However, there appears to be a small unmarked cemetery in the northwest corner of the site.
Pedestrian Circulation: There are currently no sidewalks along either side of U.S. Highway 15-501 South.
Bus Stops, Routes: There is currently no Town of Chapel Hill transit service in this area.
Topography, Drainage, Vegetative Cover: The site gently slopes downward from the west to east, the western two-thirds predominantly at slopes of 10 per cent or less. The eastern third of the site has slopes ranging from 10 to 20 percent or greater. The site is located with the Town’s Watershed Protection District and contains two areas of Resource Conservation District. One, in the northwestern corner, is associated with perennial and intermittent streams. The other is along the eastern property line, which coincides with the centerline of an intermittent stream.
The western two-thirds of the site have been timbered in recent years and are vegetated with extremely dense emergent forest growth dominated by sweet gum, pine, and other native tree species. The eastern third of the site contains mature woodlands with a hardwood canopy and limited undergrowth.
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.
The Special Use Permit application entails creation of 26 single-family lots, including 4 affordable housing lots, on approximately 40 acres. The 26 lots vary in size from 18,190 square feet (less than 0.5 acre) to 207,929 square feet (4.8 acres). The applicant is proposing 35,158 (0.8 acre) square feet as improved recreation area and approximately 350,213 square feet (8.04 acres) as common area.
The applicant is proposing a stormwater facility in the northwest portion of the site for managing stormwater runoff from the new internal streets and some of the individual lots.
Vehicular access would be provided via a new cul-de-sac off U.S. Highway 15-501 South. The application includes one connector road stub-out to the northern property line. The applicant is proposing that the internal connector street network be constructed to NCDOT street standards and be dedicated as public right-of-way.
Septic systems and a community water well would serve the proposed lots. The developer proposes no disturbance to an unmarked cemetery in the proposed common area in the northwest quadrant of the site.
Concept Plan/Special Use Permit Application Comparison
The plans are similar to the 2006 Concept Plans reviewed by the Community Design Commission and the Town Council, except that 4 additional lots are now proposed.
Ordinance Requirements
Zoning: The site is zoned Residential-Low Density-1 (R-LD1). The applicant has applied for a Special Use Permit, Planned Development-Housing approval. Adjacent property is also in the Residential-Low Density-1 (R-LD1) zoning district.
Planned Development-Housing: Because the application is a Special Use Permit, Planned Development-Housing, setbacks and primary height regulations of the underlying Residential Low Density-1 (R-LD1) zoning district would apply only to lots on the perimeter of the development site.
There are floor area limits for single family homes proposed as part of a Planned Developments-Housing. The applicant proposes to exceed this floor area. Please see the section below.
Dimensional Standards: In a Planned Development-Housing, only individual lots at the perimeter of the development are subject to setbacks or primary height regulations. The application meets the dimensional standards (other than floor area) outlined in the Dimensional Matrix (Table 3.8-1) of the Land Use Management Ordinance for the Residential- Low Density-1 (R-LD1) zoning district.
For this development, the floor area limit would be restricted to be no more than 79,095 square feet. The applicant wishes to remove the floor area restrictions for this zoning district (floor area ratio of .047). Because modification of intensity standards is not appropriate in this case, the applicant has submitted a separate application for a text amendment to the Land Use Management Ordinance which proposes to remove floor area restrictions for single family dwelling units in Planned Developments. If enacted as proposed, this text amendment would apply to all Planned Development applications with single-family residential components. Please see the accompanying memorandum on the proposed text amendment.
Modifications to the Regulations: The Special Use Permit application does not comply with the Land Use Management Ordinance regarding internal bufferyard requirements. The applicant is asking for modification to the regulations with respect to the bufferyards. The applicant is also requesting that the Council modify the regulations pertaining to approval of building elevations and lighting plans by the Community Design Commission. The proposed modifications are discussed below.
Modification to Internal Bufferyard Requirements
Table 5.6.6.-1 of the Land Use Management Ordinance specifies that a 10-foot Type B landscape bufferyard is required along the northern, eastern, and southern property lines, all of which abut properties now in residential use and located in residential zoning districts. The Orange County Health Department requires a ten foot separation between property lines and septic fields. If the 10-foot buffer were to be part of Homeowners’ Association property, an additional ten foot separation would be required according to County Health Department requirements, reducing the areas within the lots available for septic systems. The applicant is requesting a modification to the regulations to eliminate this buffer requirement.
Staff considered the circumstances, the intent of landscape buffers, and the nature of the development. Surrounding property is under residential use in rural residential zoning districts. We believe that because the development will appear and function like a traditional subdivision, which would require no buffers along property lines abutting residential uses, this development should not be required to include these 10-foot buffers. We believe the size and topography of the lots will generally allow for retention of vegetation without the buffer requirement. Since many of the lots will require on-site septic fields, we believe it would be advantageous to retain flexibility as to where clearing within the lots can occur. We recommend approval of the applicant’s request to modify the regulations to exclude the buffer requirement along these three property lines.
Modification to the Community Design Commission Review of
Building Elevations and Lighting Plans
For Special Use Permit applications, Section 4.5.3.(n) of the Land Use Management Ordinance requires Community Design Commission review and approval of detailed building elevations and lighting plans. The applicant requests modification of the regulations to eliminate this requirement. The buildings proposed with this development are 26 single-family homes. Conventional street lighting is not proposed; rather the applicant proposes that the Homeowners’ Association act as an approval body for individual property owners’ plans for low-level lighting where driveways meet the new internal street, and within the picnic area which is centrally located within the development. We believe that this proposed development will look and function like a traditional single-family subdivision, which would not require Community Design Commission review and approval of the elevations of single-family homes. We agree with the applicant that Community Design Commission review of each single family home and the proposed driveway lighting plan should not be required. The Community Design Commission, at its February 20, 2008 meeting, supported this modification of the regulations.
However, we do not believe the Land Use Management Ordinance permits modification of the regulation which requires Community Design Commission review of elevation drawings of buildings approved under a Special Use Permit. We offer an approach which we believe honors the intent of the regulations, yet would not necessarily subject each home to Community Design Commission review. Instead of requiring the Commission’s approval of the building elevation of every individual single-family house, we believe the Council could require Commission review of a set of building elevation and driveway lighting design guidelines for all 26 new homes, prior to issuance of a Zoning Compliance Permit r the development. Under this scheme, as the project is built out, individual home elevations could be reviewed by Town staff to ensure compliance with the Commission-approved design guidelines. Homeowners not wishing to comply with the design guidelines would be offered the alternative of going before the Community Design Commission for approval of an individual house design. In Resolution A, we have included a stipulation to this effect.
Modification of Regulations by the Council
The Council has the ability to modify the regulations, according to Section 4.5.6 of the Land Use Management Ordinance. The Council could modify the regulations if it makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree. We believe that with respect to the applicant’s request to modify the bufferyard regulations, the Council could make a finding that public purposes are satisfied to an equivalent or greater degree because the nature of the development – similar to a traditional single-family subdivision - and its surroundings do not warrant a 10-foot landscape buffer on its northern, eastern, and southern perimeter.
The Council may deny the proposed modification of regulations at its discretion. If the Council chooses to deny a request for modification of regulations, the applicant’s alternatives are to comply with regulations or request a variance from regulations.
Affordable Housing
The applicant has proposed entering into an agreement with the Orange Community Housing and Land Trust to convey 4 affordable single-family dwelling units (15% of the total units) to the Land Trust upon completion of the homes. (We anticipate providing the Council with a letter to this effect at the Public Hearing.) The four lots (#5, #6, #18, and #24) are distributed throughout the neighborhood and each is proposed to have a house with at least 1,300 square feet of floor area, with 3 bedrooms and 2 bathrooms.
Under the applicant’s phasing plan, the first affordable home would be completed within 18 months of recordation of the final plat, with one of the three remaining affordable homes to be completed and conveyed every six months thereafter. The applicant’s Statement of Justification describes his offer as follows:
“The applicant proposes to contract with one or more home builders to deliver four finished housing units that will be designated for purchase by individuals or families with low to moderate income levels.” [Applicant’s Statement]
We and the Orange Community Housing and Land Trust recommend 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. The documents must be approved by the Orange Community Housing and Land Trust and the Town Manager prior to the recordation of a final plat.
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 260 trips per day. We believe there will be no significant traffic impact on the surrounding street network (U.S. Highway 15-501).
Vehicular Access: Vehicular access is to be accommodated through a right-turn in/right-turn out to U.S. Highway 15-501 South. We are not recommending any improvements to U.S. Highway 15-501 South.
Internal Streets: This site is outside the Town limits, and therefore the roads would be dedicated to the North Carolina Department of Transportation (NCDOT). The applicant is proposing the internal streets be constructed to NCDOT subdivision street standards with 11-foot travel lanes and an all-weather surface (asphalt or concrete) 5-foot wide sidewalk meandering along one side within a 50-foot right-of-way.
We recommend the following improvements to all internal streets:
These recommendations have been included as stipulations in Resolution A.
Road Stub-Out: The applicant is proposing a road stub-out to the northern property line for future access to the north. There are several large lots in this area with no direct street access. The proposed stub-out would provide an opportunity for logical street and pedestrian connectivity if and when the adjacent properties to the north are developed. Resolution A includes a stipulation requiring a road stub-out to the north property line.
Road Stub-Out Signage and Notification: We recommend that signage be placed at the end of the road stub-out upon completion of roadbed clearing and grading, indicating that the road will be extended for future development. The size, text, and color of the signs shall be subject to the Town Manager’s approval. If the project and street construction is to be constructed as a phased development, we also recommend that the signage be installed at the end of the road in each phase.
We recommend that the final plans, final plats, and Homeowners’ Association documents include a note stating that “Future development of the adjoining property will include the extension of the road stub-out along the northern property line.” We also recommend that the applicant submit to all purchasers of property and residential units a statement that discloses the that the road will be extended for future development.
We have included stipulations to this effect in Resolution A.
Pedestrian Circulation: There are currently no sidewalks along either side of U.S. Highway 15-501 South. The applicant is proposing to construct asphalt or concrete sidewalks along one side of all internal connector streets. As the property lies outside the Urban Services Boundary and is not a candidate for annexation into the Town, the applicant is proposing that the internal sidewalks be located within a pedestrian easement controlled and maintained by the Homeowners’ Association. The applicant also proposes a curvilinear sidewalk layout, which we support in this rural neighborhood. These features are included as stipulations in Resolution A.
Public Improvements: We recommend that, until the internal streets are accepted by NCDOT, the Homeowners’ Association be responsible for the maintenance of the internal streets. We also recommend that the Homeowners’ Association be responsible for maintenance of the sidewalks.
Bus Stops and Routes: The nearest bus stops are within Southern Village, approximately a mile away (NS Route and V Route). Since this site is outside the Urban Services Area, and does not receive Chapel Hill Transit service, we do not recommend installation of a bus stop on this property’s frontage.
Recreation
Recreational Requirements: Section 5.5.2 of the Land Use Management Ordinance requires that the applicant provide 34,841 square feet of recreation space for this Special Use Permit application to meet the active recreation needs of the residents. The applicant is proposing to satisfy the recreation requirement by providing 35,158 square feet of improved recreation space, including a multipurpose court, an athletic field, picnic area, playground structure and swing set, and gazebo. The Parks and Recreation Commission, at its February 20, 2008 meeting, recommended as its first preference the provision of a payment-in-lieu instead of on-site recreation space. In its vote, the Commission stated that the proposed recreation space, and the proposed improvements thereto, would be acceptable as an alternative to a payment-in-lieu. The Commission preferred a payment-in-lieu because it felt the Town would be better served by improvements to or expansion of the nearby Southern Community Park.
Comment: The Land Use Management Ordinance provides that a payment-in-lieu of on-site recreation area may be made by the developer, with Council approval; or the Council may require payment-in-lieu when the required recreation area is less than two acres. Historically, payments-in-lieu have been made when on-site land has been generally unsuitable in character (e.g., sloped or subject to flooding), or when there would be few residents to enjoy on-site recreation improvements.
In this case, we believe the proposed recreation area is usable, and that on-site recreation would benefit 26 families. We believe the proposed assortment of on-site improvements will provide opportunities for a good balance for active and passive recreation for residents. In addition, we note that currently there is no safe direct pedestrian route for these families to get to the Southern Community Park. Therefore, we recommend that the development be approved with on-site recreation improvements as proposed. We recommend that prior to issuance of a Zoning Compliance Permit, the numbers, configuration, and type of amenities in the recreation space be approved by the Town Manager. We have included a stipulation to this effect in Resolution A.
Landscape and Architecture
Specimen Trees: A significant number of specimen trees have been identified on the Landscape Plan. In the young emergent forest on the western two-thirds of the site, we anticipate that only a few significant trees will be removed as part of the residential construction. However, for the total site, the applicant predicts that approximately 40-45 significant trees will be removed for roadway construction and clearing for well and septic areas.
Buffers: The table below outlines the minimum landscape buffer requirements for the proposed Special Use Permit and the buffers proposed by the applicant.
South Grove Special Use Permit Buffers Requirements
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Location |
Ordinance Requirement |
Proposed Buffers |
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western boundary (U.S. Highway 15-501 South) |
30’ Type “D” external buffer |
30’ Type “D” external buffer |
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southern, northern, and eastern boundary |
10’ Type “B” internal buffer |
None |
Regarding the 10-foot bufferyards along the northern, eastern, and southern property lines, the applicant is requesting modifications to the regulations to eliminate the buffer requirements along the northern, eastern, and southern property lines. For further discussion of this issue, please see the above section on modifications to the regulations.
The applicant is proposing that the bufferyard along the frontage of U.S. Highway 15-501 be owned and maintained by the Homeowners’ Association. We recommend that the proposed bufferyard along the highway frontage be identified on the final plans and plat as common area to be deeded to the Homeowners’ Association, and that provisions for maintenance be incorporated into the Homeowners’ Association covenants. These recommendations have been incorporated into Resolution A.
The applicant is proposing a decorative wall, a gazebo, landscaping, and a paved path at the entrance to the development, within the bufferyard. The Community Design Commission recommended the applicant use natural materials and design the wall, gazebo, and landscaping for a “rustic” look, in keeping with the surrounding semi-rural area. We recommend that the applicant apply to the Community Design Commission for an alternate buffer along this section of the highway frontage, including the proposed wall, gazebo, lighting plan for the gazebo, and landscaping plan. We have included a stipulation to this effect in Resolution A.
Landscape Protection Plan: We recommend that a detailed Landscape Protection Plan for the proposed development of the streets, sidewalk, recreation area, community well, and other public improvements be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan must show all critical root zones of any rare or specimen trees likely to be affected by proposed construction. The plan shall indicate which trees are proposed for removal, and where tree protection fencing and silt fencing will be installed. We recommend that detailed landscape planting plans and landscape maintenance plans for the proposed buffer 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 plantings. We have included these recommendations as stipulations 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 or Building Permit. The applicant proposes a modification to the regulations which would eliminate this requirement. For further discussion of this issue, please see the section above on modifications to the regulations.
Environmental
Resource Conservation District: The property contains two areas of Resource Conservation District totaling 163,781 square feet (3.76 acres), one area in the northwestern portion of the site associated with perennial and intermittent streams. The other is along the eastern property line which is the centerline of an intermittent stream. The applicant proposes no land disturbance in the Resource Conservation District. 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 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. 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 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 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, where impervious surface area (i.e. built-upon area) is restricted 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) would 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.
Impervious Surface: The applicant is proposing 288,030 square feet of impervious surface, 58,500 square feet of which is associated with the proposed streets, sidewalks, and recreation area. The applicant is also proposing that each lot be allocated impervious surface limitations on a lot-by-lot basis for a total of 153,000 square feet of impervious surface for the lots. (We note that impervious surface for the individual lots and for the entire project could be increased as long as stormwater management facilities are expanded or added to handle the additional impervious surface.) We recommend that the final plans and final plat identify this proposed impervious surface limit on each lot. We recommend that an impervious surface tally sheet be submitted with all final plans and with all Single-Family Zoning Compliance Permit, Building Permits, and Certificates of Occupancy applications. We also recommend that the applicant submit to all purchasers of property and residential units a statement that discloses the impervious surface limits associated with each lot. We have incorporated these recommendations into Resolution A.
Stormwater Management: The applicant has proposed a stormwater management facility which will store excess stormwater and release it at a rate at or below the pre-development rates for the site. This facility is proposed to be located in the northwestern portion of the site.
The Land Use Management Ordinance requires that each residential lot manage stormwater rate, quality, and volume. Stormwater from most of the lots would be handled by the common stormwater management facility. The remaining lots would be provided with individual facilities to manage stormwater run-off from the residences. We recommend that for each of these lots, the individual stormwater management statement, plan, and facility(ies) be reviewed and approved the Town Manager prior to issuance of a Single Family Zoning Compliance Permit. We recommend that a statement of this intent be included on the final plans and on the recorded final plat. We also recommend that these stormwater management features be prohibited within an approved bufferyard area and Resource Conservation District. We have include stipulations incorporating these recommendations 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.
Energy Management: The applicant has submitted an Energy Management Plan (EMP) which describes his intent to integrate energy efficiency into both site design and Homeowners’ Association documents in order to monitor construction practices and to encourage ongoing operating efficiencies once the homes are occupied. The applicant also notes a commitment to building homes which are at least 20% more energy efficient than the baseline requirements of the ASHRAE standard for single-family housing. (Please refer to the applicant’s Energy Management Plan, attached.)
We believe the applicant’s EMP represents a positive start. We recommend that prior to the issuance of a Zoning Compliance Permit, the EMP be further revised to conform with standard EMP format; expanded to address the production or offset purchase of renewable energy sources through the NC GreenPower program; and expanded to address assurance of positive indoor air quality, adequate access to natural lighting, and the allowance of renewable energy. We also recommend inclusion of a stipulation calling for submittal of sealed engineering calculations which certify compliance with the energy efficiency performance standards of each home, no more than 30 days after issuance of a Certificate of Occupancy. We believe these EMP revisions and stipulations as incorporated in Resolution A would help assure compliance with Council policy regarding energy efficiency.
Cemetery: There is a small undocumented cemetery in the northwest quadrant of the site, within the proposed common area, near the northern property lines of proposed Lots 1 and 2. The applicant proposes no construction-related disturbance in this area. We recommend that the applicant fence the cemetery to separate it and protect it from activities in the recreation area. In addition, we recommend the applicant provide evidence that all applicable state and federal regulations regarding cemeteries have been researched and complied with. We have included a stipulation in Resolution A calling for permanent fencing and for compliance with all applicable local, state, and federal regulations regarding protection of cemeteries and burial grounds.
Utilities and Service
Refuse Management: Because this site is outside the Urban Service Boundary, Town refuse collection services will not be available to this development. We recommend that the Homeowners’ Association contract for private collection service.
Orange Community Recycling intends to provide regular curbside recycling services to this development 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. The Solid Waste Management Plan has been conditionally approved by Solid Waste staff. We recommend that pre-demolition and pre-construction conferences be held with Orange County Solid Waste staff. Included in Resolution A are the above recommendations, as well as notes to be placed on the final plans regarding materials to be recycled and licensing of waste haulers. We have included refuse collection-related stipulations in Resolution A.
Water Wells and Septic Tanks: Because the property is located outside the Town’s Urban Services Boundary, public water and sewer service cannot be extended to this site. The applicant is proposing to use a community water well to provide water to the single-family lots. The applicant proposes to use individual subsurface wastewater systems for each lot. Each residential lot is proposed to have a separate and distinct septic field as well as a reserve field area. Some of the lots will have septic systems and septic fields in easements offsite in the common area. All lots and septic systems are subject to review by the Orange County Health Department for approval of septic service and septic fields. Resolution A includes a stipulation addressing water and septic system requirements.
Urban Service Boundary-Utility Easement: The Orange Water and Sewer Authority recommends that the applicant provide a 30-foot sanitary sewer easement along the eastern and southern property lines. This proposed development is located outside the Urban Service Boundary, and so extension of water and sewer lines is not permitted here. Resolution A does not include a requirement to provide a sewer easement along the eastern and southern property lines.
Utilities: The Ordinance requires that detailed utility plans be reviewed and approved by Duke Energy Company or Progress Energy, Public Service Company, AT&T, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit. No streetlights are proposed.
Underground Utilities: Except for three phase power lines, the Ordinance requires that all new or relocated utility lines be located underground. We have this standard stipulation in Resolution A.
Fire District: 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, Chatham County, and the towns of Carrboro and Chapel Hill.
Residential Sprinkler Systems: The nearest fire hydrant is approximately 3,100 feet to the north. Town staff believes this hydrant is not feasible for fire suppression within this development. The Town’s Fire Marshall 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 Marshall recommends the applicant provide for each house a residential sprinkler system meeting the requirements of Section 13D of the National Fire Protection Association standards. The applicant has explored various fire protection options with the fire departments from Chapel Hill and Chatham County, either of which may be the first responders to a fire in this development. The applicant is now offering to accept a stipulation requiring sprinkler systems in each new home. We believe this is the safest approach to fire protection, short of a hydrant system, which is not possible on this site.
We also recommend that the recorded final plat and Homeowners’ Association documents include notes alerting potential lot owners to the fact that water and sewer lines cannot be extended to these lots. These recommendations have been incorporated as stipulations in Resolution A.
Miscellaneous
Homeowners’ Association: We recommend that a Homeowners’ Association be created for the purpose of owning and maintaining common areas, however designated, including bufferyards, common area, recreation spaces, sidewalks, community water well, any shared fire protection facilities such as water tanks or reservoirs, septic system easements, and stormwater management basins. We recommend that the Homeowners’ Association be responsible for the maintenance of the internal streets until NCDOT accepts the internal streets. We also recommend that the Association documents note the proposed extension of the street stub-out, specifying that the street will be extended for future development.
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, and 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 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 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: As the proposed development is outside the Urban Services Boundary, street lights are not required. The applicant proposes that the Homeowners’ Association act as an approval body for individual lot owners’ plans for low level lighting of their driveway entrances and the common picnic area.
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, a component of the Comprehensive Plan, classifies the site as “Rural Residential” indicated as 1 unit to 2 to 5 acres.
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.
Open Burning and Plant Rescue: We have included stipulations in Resolution A prohibiting open burning associated with this development, and encouraging the applicant to conduct a “plant rescue” after the issuance of a Zoning Compliance Permit and prior to start of construction.
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 assessment is that these findings can be made.
CONCLUSION
Based on information available at this stage of the application review process, we believe that the proposal, with the conditions in Resolution A and the proposed modification to the buffer regulations, meets 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.