TO: Mayor and Town Council
From: W. Calvin Horton, Town Manager
Subject: Public Hearing: Montclair Subdivision - Application for Preliminary Plat Approval (File No. 7.122.B.17A)
Date: September 20, 2004
Introduction
We have received a request for Preliminary Plat approval for the Montclair Subdivision. The 11.02-acre site is located to the north of Culbreth Road, east of the recently approved Morgan Estates Subdivision and west of Southbridge Subdivision. The applicant is proposing to develop 13 residential lots with access proposed from Culbreth Road via Montclair Way now under construction between Culbreth Road and the recently approved Westbury Drive extension. The site is located in the Residential-1 (R-1) zoning district and in the Watershed Protection District. The property is located in Orange County and is identified as Chapel Hill Township Map 122, Block B, Lot 17A.
Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of the application.
This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
· Cover Memorandum: Introduces application, describes process for review, summarizes staff and advisory board comments, and offers recommendations for Council action.
· Staff Report: Offers detailed description of site and proposed development.
· Attachments: Includes a checklist of requirements for this development, resolutions of approval and denial, advisory board comments, and applicant’s materials.
Background
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-1 zoning district subject to some restrictions.
The Council conducted a Concept Plan Review of the proposed subdivision on May 19, 2003, as Montclair Estates Subdivision.
This is an application for a Preliminary Plat approval. The Land Use Management Ordinance requires the Town Manager to conduct an evaluation of a Preliminary Plat application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Town standards; we have presented a report to the Planning Board; and tonight we submit our report and preliminary recommendation to the Council.
We note that review of subdivision proposals differs from review of Special Use Permits in that the question of compliance with regulations and standards is the basis for approval or denial, rather than the four findings of fact listed in Section 4.5.2 of the Land Use Management Ordinance. However, the Council’s review and action on a subdivision is quasi-judicial, with sworn testimony and evidence entered into the record. Please see the attached summary of key differences between legislative and quasi-judicial zoning decisions, prepared by Mr. David Owens of the Institute of Government.
The standard of review and approval of a Preliminary Plat application involves comparing the application with the regulations and standards in the Land Use Management Ordinance. The review typically focuses on vehicular and pedestrian access and circulation, traffic impact, public improvements, lot standards, and recreation area.
Information regarding this application will be presented at tonight’s Public Hearing. The Land Use Management Ordinance directs that if, after consideration of the information, the Council decides that the application meets all the Land Use Management Ordinance requirements, the application must be approved. If the Council decides that the application does not meet all the Land Use Management Ordinance requirements, the application accordingly must be denied.
The application is for approval of a Preliminary Plat to subdivide 11.02 acres. The applicant is proposing to develop 13 residential lots. The site is located north of Culbreth Road, east of the recently approved Morgan Estates Subdivision, and west of Southbridge Subdivision. Access is proposed from Culbreth Road via the recently approved Montclair Way now under construction between Culbreth Road and Westbury Drive. A total of 69,900 square feet of recreation area is proposed for this subdivision.
The site is located in the Residential-1 (R-1) zoning district and in the Watershed Protection District. The property is located in Orange County and is identified as Chapel Hill Township Map 122, Block B, Lot 17A.
Evaluation of this application centers on compliance with the subdivision regulations and standards in the Land Use Management Ordinance. We have included as an attachment to this memorandum a checklist of the Town’s subdivision regulations. The checklist indicates which of the Town’s regulations are satisfied by the applicant’s proposal and recommended conditions.
The Council may find that the proposal meets the subdivision regulations and other pertinent Town regulations, or may find that the proposal does not meet the regulations. Please refer to the attached Staff Report for detail on compliance with subdivision regulations.
Based on our evaluation and comments received from advisory boards, we believe that the key issue concerning this proposed development is the following:
Housing Floor Area Restrictions: The subdivision application proposes one affordable housing unit on Lot 3. The proposed lot for the affordable unit contains 15,507 square feet and is adjacent to the Morgan Estates Subdivision on the south side of Westbury Drive.
The regulations specify that at least 25% of the homes be restricted in size for a 30-month period. In lieu of providing size restrictions, the developer may offer and the Council may choose to accept 15% affordable units. If the Council authorizes the provision of 15% affordable units, at least 15% of the dwelling units of a major subdivision must be priced to be affordable to individuals and families who have incomes at or below 80% of the area median income for a family of four. For this proposal 15% of 13 lots is 1.95 units. The regulations indicate that resulting fractions are dropped. Therefore, if the Council approves the affordable housing option, one affordable unit would be required.
Comment: We recommend approval of the proposal for a single affordable housing unit. We have included a stipulation to this effect in Resolution A.
SUMMARY OF COMMENTS
We have attached a resolution that includes standard conditions of approval as well as the special conditions that we recommend for this application. The key special conditions that we recommend are described in detail in the accompanying staff report. With this application, we believe that the Council could adopt a resolution to approve.
The Manager’s recommendation incorporates input from all Town departments involved in review of the application.
SUBSEQUENT REGULATORY STEPS
Following is a brief outline describing the next steps in the development review process, should the Council approve the Preliminary Plat application:
1. Applicant receives the clerk-certified copy of the Council-adopted resolution;
2. Applicant submits detailed Final Plans and documentation, complying with Council stipulations. Information is reviewed by Town departments and the following agencies:
· Orange Water and Sewer Authority,
· Duke Power company,
· Public Service Company, and
· BellSouth.
3. Upon demonstration of compliance with remaining Council stipulations, Town staff issues a Zoning Compliance Permit authorizing site work. Permit includes conditions specific to the development and requires pre-construction conferences with Town staff;
4. Engineering Department issues an Engineering Construction Permit, authorizing work within the public right-of-way;
5. Applicant submits final plat application for Town review and approval. Once approved, the plat is recorded; and
6. The Planning Department issues Zoning Compliance Permits for development on individual lots and the Inspections Department issues Building Permits for development on individual lots and Certificates of Occupancy.
RECOMMENDATIONS
Recommendations are summarized below. Please see summaries of board actions and recommendations in the attachments.
Planning Board Recommendation: The Planning Board reviewed this subdivision proposal on August 3, 2004. The Board voted 6 - 0 to recommend that the Council approve the application with the conditions in Resolution A including the standard stipulation regarding compliance with the Schools Adequate Public Facilities Ordinance. Resolution A includes this standard condition.
Transportation Board Recommendation: The Transportation Board reviewed this subdivision proposal on August 17, 2004. The Board voted 5 - 0 to recommend that the Council approve the application, with the adoption of Resolution B, which includes the following recommendations:
· Include a sidewalk along the east side of the Montclair Way, between Westbury Drive and Culbreth Road.
Staff Comment: A sidewalk along the east side of Montclair Way between Westbury Drive and Culbreth Road has been approved as a part of the Morgan Estates Subdivision, which is currently under construction.
· Remove the requirement for a sidewalk around the cul de sac.
Staff Comment: We recommend that a sidewalk be constructed around the entire cul-de-sac to encourage safe pedestrian movement.
· Increase the number of affordable housing units to 2 by reconfiguring the lots, thereby increasing the total number of lots to 14.
Staff Comment: This subdivision is in conformance with the Land Use Management Ordinance Section 3.8.5 and 3.8.6 for Housing Floor Area Restrictions for Major Subdivisions and Alternatives to Floor Area Restrictions for Major Subdivisions if the Council accepts the affordable housing proposal. The developer may choose to propose 14 lots which would result in two lots with affordable homes (15% of 14 = 2.1 units).
· Require an improved trail connecting Westbury Drive to the Town open space and the Homeowners’ open space.
Staff Comment: We recommend dedication of an unimproved public right-of-way to Town-owned land. Future plans for the Town-owned land are uncertain and we believe it would be premature to improve the right-of-way at this time.
Resolution B includes these recommendations.
Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this subdivision proposal on August 24, 2004. The Board voted 5-0 to recommend that the Council approve the application with the adoption of Resolution A.
Parks and Recreation Commission Recommendation: The Parks and Recreation Commission reviewed this subdivision proposal on August 18, 2004. The Commission voted 10-0 to recommend that the Council approve the application, with the recommendation that the applicant post a sign noting the area designated as community open space. We have included this stipulation in Resolution A.
Greenways Commission Recommendation: The Greenways Commission reviewed this subdivision proposal on September 8, 2004. The Commission voted 6-0 to recommend that the Council approve the application with the adoption of Resolution A.
Manager’s Preliminary Recommendation: Our preliminary recommendation is that the Council approve the Preliminary Plat application with the conditions listed in Resolution A.
Resolution B would approve the application as recommend by the Transportation Board.
Resolution C would deny the application.
ATTACHMENTS
1. Staff Report (p. 7).
2. Checklist of Compliance with Subdivision Regulations (p. 15).
4. Resolution B (p. 23).
5. Resolution C (p. 25).
6. Memorandum from Parks and Recreation Commission (p. 26).
7. Summary of Planning Board Action (p. 27).
8. Summary of Transportation Board Action (p. 28).
9. Summary of Bicycle and Pedestrian Advisory Board Action (p. 29).
10. Memorandum from Greenways Commission (p. 30).
11. Summary Minutes of Council Concept Plan Review (p. 31).
12. Summary of Community Design Commission Concept Plan Review (p. 36).
13. Subdivision Fact Sheet (p. 38).
14. Reduced Plans (p. 40).
15. Summary of Differences Between Legislative and Quasi-Judicial Zoning Decisions (p. 50).
Staff Report
Subject: Public Hearing: Montclair Subdivision - Application for Preliminary Plat Approval (File No. 7.122.B.17A)
Date: September 20, 2004
Introduction
We have received a request for Preliminary Plat approval of Montclair Subdivision. The 11.02-acre site is located on the north side of Culbreth Road between the recently approved Morgan Estates Subdivision and Southbridge Subdivision. The applicant is proposing to develop 13 residential lots with access proposed from the recently approved Westbury Drive extension and Montclair Way off of Culbreth Road. The site is located in the Residential-1 (R-1) zoning district and in the Watershed Protection District.
Attached are the Subdivision Fact Sheet and reduced plans.
Background
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 two-family dwellings (a dwelling unit with an accessory apartment), places of worship, child day care facilities, and non-profit recreation facilities are permitted uses on lots in the Residential-1 zoning district subject to some restrictions. In this case, the applicant’s proposal is based on single-family dwelling use of these proposed lots. The property is located inside Town of Chapel Hill corporate limits.
Evaluation
We have reviewed the application for compliance with the standards of the Land Use Management Ordinance and offer the following evaluation:
GENERAL ISSUES
Existing Conditions: The 11.02-acre site is located on the north side of Culbreth Road off Westbury Drive between Southbridge Subdivision on the east and the recently approved Morgan Estates Subdivision on the west.
The site is located in the Residential-1 (R-1) zoning district and is in the Watershed Protection District. The property is located in Orange County and is identified as Chapel Hill Township Map 122, Block B, Lot 17A.
Adjacent properties to the east are located in the Residential-2 (R-2) zoning district. Properties to the south and west (Morgan Estates), and north (Town-owned open space) are zoned Residential-1 (R-1).
The site is undeveloped with mixed pine and hardwood vegetation, including a number of significant large diameter oaks, hickories, and poplars. The topography consists of swales and ridges and several areas with moderate to steep slopes. The land slopes in a general eastward and northward direction toward Morgan Creek, located north of the property. A large portion of the eastern property contains slopes greater than 25% with adjacent slopes of 15% and 20%. A flat area of less than 10% slope runs through the middle of the site from southwest to northeast. The land slopes from the west to the east with a difference of 52 feet (the highest point 430 feet above sea level on the western property line and lowest 378 feet above sea level on the eastern property line). A swale forming along the eastern property line with the Southbridge Subdivision has been identified off-site as an intermittent stream on the Southbridge Subdivision. Approximately 100 square feet of Resource Conservation District extends primarily onto proposed Lot 11 of the Montclair Subdivision.
Development Description: The applicant proposes to subdivide the 11.02-acre site into 13 lots with access from the recently approved extension of Westbury Drive and from Montclair Way, currently under construction connecting Culbreth Road and Westbury Drive. Lot sizes are proposed to range from approximately 17,050 square feet to 39,256 square feet. The required minimum lot size in this zoning district is 17,000 square feet.
The application proposes a 50-foot wide unimproved public right-of-way to connect to the Town-owned open space and to the proposed adjacent recreation area/open space. The square footage figure for the proposed recreation area/open space appears to include the unimproved public right-of-way. Approximately 50,000 square feet of recreation area/open space is proposed, outside the proposed right-of-way. The Recreation Area is proposed to be deeded to the Homeowners’ Association. The proposed recreation area/open space is adjacent to the Morgan Estates recreation area and the Town’s open space.
ORDINANCE REQUIREMENTS
Housing Floor Area Restrictions: As a Major Subdivision application, 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 gives developers the option of proposing to substitute an affordable housing component for the floor area restriction described in Section 3.8.5. The developer of this project is offering an affordable unit.
Lot 3 is proposed as an affordable housing unit. The regulations specify that at least 15% of the dwelling units be priced to be affordable to individuals and families who have incomes at or below 80% of the area median income for a family of four. For this proposal, 15% of 13 lots is 1.95 units. The regulations indicate that resulting fractions are dropped. Therefore, if the Council approves the affordable housing option, one affordable unit would be required. `
Council could choose to reject the affordable housing unit and substitute the housing floor area restriction on 25 percent of the dwelling units. These units could contain no more that 1,350 square feet of floor area at the time that the units are initially conveyed.
For this proposal, 25% of 13 lots is 3.25 units. The regulations indicate that resulting fractions are dropped. Therefore, if the Council approves the housing floor area restriction, three units would be required.
Restrictive covenants must be recorded with the dwelling unit to ensure the continued and ongoing compliance with these requirements and shall be sold to individuals and families who have incomes at or below 100% of the area median income by family size, and published periodically by the U.S. Department of Housing and Urban Development. A stipulation is included in Resolution A that the Restrictive Covenants for Montclair Subdivision identify Lot 3 as an Affordable Unit.
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.
A significant portion of the eastern property line adjacent to Southbridge Subdivision contains slopes in excess of 25%. Adjacent to these slopes and along half of the northern portion of the site are slopes between 15% and 25%. Slopes from 10% to 15% cover the majority of the rest of the site except for a broad flat section (slopes less than 10%) where the majority of the roads are proposed to be constructed. The applicant states that on house construction on Lots 4, 10, and 11 will occur on slopes between 15% and 25% and that special site design technologies, especially daylight basements and ground floors set into the hillsides will be used. The applicant further states that on Lots 2 and 13 site preparation will minimize grading and disturbance. Lots 1, 2, 3, 5, 6, 7, 8, and 9 are on house sites with predominantly less than a 10% slope.
The applicant states that all proposed lots have adequate building sites which are outside areas greater than 25% slope.
We have included a stipulation in Resolution A which would require Town Manager approval of the Steep Slopes Plan during final plan review.
Comprehensive Plan: The Chapel Hill Land Use Plan, a component of the Comprehensive Plan, classifies this site and adjacent properties to the east, west, and north as low density residential (1-4 units/acre).
TRANSPORTATION ISSUES
Access and Circulation: Vehicular access to the site is proposed from two points, Montclair Way and Westbury Drive. The new roads, Montclair Way and Westbury Drive are proposed as 50-foot right-of-ways. Montclair Way is proposed to terminate in a cul-de-sac near the northern property line. Westbury Drive is proposed as an extension of the proposed Westbury Drive that enters Montclair Subdivision from Morgan Estates on the western edge of the site.
Five foot sidewalks are proposed on the east side of Montclair Way and on the north side of Westbury Drive. The Montclair Way cul-de-sac does not show a sidewalk. We recommend that a sidewalk should be constructed around the entire cul-de-sac. Safety issues would dictate that pedestrians be able to move between houses without having to go into the street. Additionally, the Design Manual Street Standards has classified Local Streets (Montclair Way) to function best when one side of the street has a sidewalk and that additional pedestrian facilities may be required on a site-specific basis. We have included a stipulation in Resolution A to that effect.
It will be necessary for the applicant to provide a street sign, on-street parking, and a pavement marking plan for approval by the Town Manager. The signs and pavement markings shall be installed by the applicant prior to issuance of a Certificate of Occupancy. A stipulation has been included in Resolution A to this effect.
The applicant is proposing to dedicate a 50-foot wide unimproved public right-of-way adjacent to proposed Lot 4 off of Westbury Drive that would connect to the Town’s open space and the Montclair recreation area/open space. A curb cut is proposed off Westbury Drive for potential vehicle access. We recommend that the unimproved, public access be dedicated as public right-of-way for a potential pedestrian trail or a potential vehicular connection associated with building or maintenance on the Town open space or Homeowners’ Association property. We have included a stipulation to this effect in Resolution A.
Traffic Impact: A Traffic Impact Analysis was not required for this development. The requirement to prepare a Traffic Impact Analysis may be waived by the Town Manager if all of the following conditions are met:
· Daily trip generation is less than 500 (or, for a change to an existing property that does not requiring rezoning, difference in daily trip generation is less than 500); and
· No more than 250 vehicles per day (or, for a change to an existing property that does not requiring rezoning, no more than 250 vehicles per day) access an existing collector or local road; and
· The total traffic, including background traffic and additional traffic from proposed new site or redeveloped property does not exceed an average of 150 vehicles per day on any unpaved road; and
· The applicant submits a written request for a Traffic Impact Analysis waiver with appropriate supporting documentation including pedestrian/ bicycle analysis, if applicable; and
· The Town Manager concurs with the request.
·
The total number of trips for the proposed development is projected to be less than 120 trips per day. Accordingly, a Traffic Impact Analysis was not required. We believe there would be no significant traffic impact on the surrounding street network.
RECREATION ISSUES
Recreation Requirement: Section 5.5.2 of the Land Use Management Ordinance requires that the applicant provide 37,484 square feet of recreation area. The applicant is proposing to satisfy this requirement by providing approximately 50,000 square feet of recreation area in the northern portion of the site behind Lots 4, 5, 6, and 7.
The recreation area is proposed adjacent to recently acquired Town open space. The applicant proposes to deed the recreation area to a Homeowners’ Association. We recommend that a public pedestrian and non-motorized vehicular easement be dedicated on the Homeowners’ Association property. We have included a stipulation to this effect in Resolution A.
We recommend that a Homeowners’ Association be created for the purpose of owning and maintaining common areas, however designated, and that a Homeowners’ Association be approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office. We recommend that the Homeowners’ Association document be cross-referenced on the final plat. We have included a stipulation to this effect in Resolution A.
Regarding the adjacent Town open space, we recommend that plans show stormwater controls that would prevent erosion on the Town open space property to the north, especially from stormwater channeled by the proposed subdivision roads. We have included a stipulation in Resolution A to this effect. Also we recommend that the developer post a sign designating the proposed public access easement from Westbury Drive to the Town-owned open space as community open space. We have included a stipulation to that effect in Resolution A.
LANDSCAPING AND ARCHITECTURAL ISSUES
Buffers and Landscaping: No landscape buffers are required with this development. Landscape buffers are not required by the Town’s Land Use Management Ordinance between single-family subdivisions or adjacent to vacant low-density residentially zoned property. Westbury Drive is classified as a Local road and does not have a landscape buffer requirement.
Tree Protection: The site is mostly wooded with many significant trees. The applicant has identified the entire site as a Significant Tree Stand.
It appears that the applicant has made an effort to preserve the Significant Trees when laying out the site design. Approximately 90 trees have been identified as Significant, diameter at breast height (DBH) greater than 18 inches. Of the 90 trees, twelve are proposed to be removed with the construction of Montclair Way and Westbury Drive. All water and sewer is proposed within the street corridor and a note on the Tree Protection Plan states that street location and grading are designed to minimize tree clearing and land disturbance.
Tree Protection Fencing is shown along the grading limits for the construction of Montclair Way and Westbury Drive. Additional tree clearing is identified with storm drainage easements on Lots 1, 2, and 13 and between Lots 11 and 12.
ENVIRONMENTAL ISSUES
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.
The Watershed Protection District is that portion of the New Hope Watershed that drains to Jordan Lake.
Development with a proposed density not exceeding 2-units/acre will satisfy the Low-Density Option of the Watershed Protection District regulations. This development is proposed to be 1.1 units per acre and therefore satisfies the Low Density Option. No further impervious surface limits are required.
Resource Conservation District: The proposed development contains approximately 100 square feet of Resource Conservation District associated with an off-site intermittent stream located primarily on the east property line of Lot 11. The 50-foot corridor zone extends into Montclair Subdivision at this location. The applicant is proposing no land disturbance within the Resource Conservation District.
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 the Land Use Management Ordinance.” A stipulation has been included in Resolution A to this effect.
Stormwater Management: The Land Use Management Ordinance requires submittal of a Stormwater Management Plan prior to the issuance of a Zoning Compliance Permit. The plan must be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate not exceed the pre-development rate. We recommend that engineered stormwater facilities also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards. We have included a stipulation to this effect in Resolution A.
The applicant proposes to use several Best Management Practices. Runoff from the subdivision streets is proposed to be collected by curb inlets and piped through a “stormceptor” unit to remove 85% of the total suspended solids and any floating contaminants. Lots 4 through 13 are proposed to have individual controls for water quality using level spreaders to catch runoff from impervious surfaces and allow infiltration of stormwater. Lots 1, 2, and 3 are proposed to use level spreader berms with gravel French drains. We have included a stipulation in Resolution A requiring that the applicant submit proposals of Best Management Practices (BMP’s) features to intercept and treat stormwater runoff from developed areas. Final design and locations to be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
Two areas contain 30 foot reserved storm drainage-way easements for stormwater management improvements. One storm drainage easement is proposed along the entrance of the subdivision along Westbury Drive and includes a riprap outlet draining to the eastern property line. The other major drainage easement includes a grassed swale adjacent to Montclair Way on the west and uphill side and continues downhill through an underground pipe to a riprap outfall between Lots 12 and 11.
The Land Use Management requires that all stormwater management improvements, outside public right-of-way, be located inside reserved storm drainageway easements, per Town guidelines. We have included a stipulation to this effect in Resolution A.
The Land Uses Management Ordinance requires that the applicant provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it will continue to function as originally intended and must be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit. 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 a stipulation to this effect in Resolution A. We note that the Town has a requirement that a letter of credit or bond be provided to ensure compliance with erosion control regulations.
UTILITY AND SERVICE ISSUES
Refuse Management: Resolution A includes a stipulation that a Solid Waste Management Plan, including provisions for recycling, should be submitted for review and approval by the Town Manager, prior to issuance of a Zoning Compliance Permit. We recommend that the applicant hold a pre-demolition and pre-construction conference with Orange County Solid Waste staff and that a note to this effect be placed on the plans. We have included a stipulation to this effect in Resolution A.
Utilities: The Land Use Management Ordinance requires that detailed utility plans be reviewed and approved by OWASA, Duke Power Company, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Utility Lines: The Land Use Management Ordinance requires that all new utility lines be placed underground. We have included a stipulation to this effect in Resolution A.
The applicant is proposing to provide to extend water and sanitary sewer connections to the site from the existing water and sewer connections stubbed out in Westbury Drive, to the east of the site. Both of the existing lines are adequately sized for the proposed development to tap. The applicant has not provided information regarding electrical connections at this time.
Fire Safety: Prior to issuance of a Zoning Compliance Permit, a fire flow report, prepared and sealed by a registered professional engineer, will be required for review and approval by the Town Manager. We recommend that the maximum spacing between fire hydrants not exceed 500 feet. We have included a stipulation to this effect in Resolution A.
OTHER ISSUES
Schools Adequate Public Facilities Ordinance: The proposed development is subject to the provisions of the Schools Adequate Public Facilities Ordinance. We have included a stipulation to this effect in Resolution A.
Construction Management: We recommend that a Construction Management Plan, indicating how construction vehicle traffic will be managed, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Miscellaneous: We have also included stipulations in Resolution A (1) requiring that no open burning associated with this development be permitted; and (2) encouraging the developer to conduct a “plant rescue” after the issuance of a Zoning Compliance Permit and prior to the start of construction.
CONCLUSION
We believe the proposal, if developed in accordance with the stipulations in Resolution A would meet or exceed all stated requirements in the Land Use Management Ordinance.
Checklist of
Regulations and Standards
|
|
STAFF EVALUATION |
|
|
MONTCLAIR SUBDIVISION PRELIMINARY PLAT |
COMPLIANCEWITH ORDINANCE |
NON-COMPLIANCE WITH ORDINANCE |
|
Dimensional Matrix 3.8-1 Standards: |
|
|
|
Lots Meet Minimum Lot Size |
Ö |
|
|
Lots Meet Minimum Frontage |
Ö |
|
|
Lots Meet Minimum Width |
Ö |
|
|
Impervious Surface Ratio for lots in the Watershed Protection District |
Ö (meets density – no imp. surface limits) |
|
|
Floor Area Ratio – if existing structures |
N/A |
|
|
Floor Area Restrictions under Section 3.8.5 of the LUMO |
Ö (if affordable unit accepted) |
|
|
If Cluster Subdivision, meets cluster standards |
N/A |
|
|
Lot Layout Standards: |
|
|
|
Lots Front on Roads Meeting town Standards (Section 5.2.4) |
Ö
|
|
|
Erosion and Sedimentation Control |
Ö |
|
|
Steep Slope Regulations |
Ö |
|
|
Stormwater Management |
Ö |
|
|
Recreation Area standards of Section 5.5 of the LUMO |
Ö |
|
|
Landscape Buffers |
Ö |
|
|
Homeowners’ Association |
Ö |
|
|
Tree Protection |
Ö |
|
|
Access and Circulation meets Section 5.8 of the LUMO |
Ö |
|
|
Parking – 2 parking spaces for single-family dwellings |
N/A (units not yet identified) |
|
|
Front Yard Parking 40% restriction |
N/A(units not yet identified) |
|
|
Lighting |
Ö |
|
|
Utility Lines Underground |
Ö |
|
|
Public water and sewer available |
Ö * |
|
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If outside Urban Services Boundary, County Health Dept. Approval |
N/A |
|
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Solid Waste Collection and Recycling |
Ö |
|
|
Historic District Regulations |
N/A |
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|
Resource Conservation District Regulations |
Ö |
|
|
Watershed Protection District |
Ö |
|
|
Schools Adequate Public Facilities |
Ö (with condition of approval) |
|
|
Reservation of a School Site, if Applicable |
N/A |
|
N/A = Not Applicable September 20, 2004
* With approval of sewer plan.
RESOLUTION A
Manager’s Preliminary Recommendation
Bicycle and Pedestrian Board Recommendation,
Greenways Commission Recommendation, and
Parks and Recreation Commission Recommendation
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR MONTCLAIR SUBDIVISION (File No. 7.122.B.17A)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it find that the Montclair Subdivision, proposed by Cazco, Inc. on the property identified as Chapel Hill Township Tax Map 122, Block B, Lot 17A, (PIN 9778-90-0681) if developed according to the preliminary site plan dated September 26, 2002, revised June 5, 2004, and the conditions listed below, would comply with the provisions of the Land Use Management Ordinance and Design Manual:
These findings are based on the following:
1. Expiration of Preliminary Plat: That this Preliminary Plat approval shall be valid for one year from the date of approval subject to reapproval by the Town Manager in accordance with the provisions of the Land Use Management Ordinance.
2. Number of Lots: That this approval shall authorize the creation of 13 lots on 11.02 acres.
3. Floor Area Restrictions: That unless noted otherwise, the provisions of Section 3.8.5 of the Land Use Management Ordinance, “Housing Floor Area Restrictions for Major Subdivision and Planned Development” shall apply to this development. That the final plans and plats shall indicate the specific lots and floor area restrictions for each lot on which size limitations are placed.
4. Affordable Housing: That the applicant may substitute an affordable housing component for the Floor Area Restrictions regulations in accordance with Section 3.8.6 of the Land Use Management Ordinance. That the following concerning Affordable Housing shall apply to this development:
· The affordable housing component shall provide initial and continued affordability of at least 15% of the dwelling units. The dwelling units shall be affordable to individuals and families who have incomes at or below 80% of the area median income for a family of four. Restrictive covenants shall be recorded with the dwelling unit(s) to ensure the continued and ongoing compliance with these requirements and shall be sold to individuals and families who have incomes at or below 100% of the area median income by family size, and published periodically by the U.S. Department of Housing and Urban development. The restrictive
· covenants shall be approved by the Town Manager and recorded concurrently with the final plat(s).
· The minimum number of affordable units shall be determined as described in Section 3.8.5 with the number of units based on the permissible units on each lot and with resulting fractions dropped.
· The subdivision final plat(s) shall be approved by the Town Manager and shall indicate clearly each lot on which an affordable unit must be constructed, and the builder, developer and purchaser shall be bound by the restriction
5. Affordable Housing Lots: That the submission of the final plans and final plats shall include an affordable housing component. The final plans and plats shall identify Lot 3 as a lot on which an affordable unit must be constructed.
Required Improvements
6. On-Site Road Improvements: That a 27-foot wide road, measured from back of curb to back of curb, with 30-inch wide curb and gutter within a 50-foot wide right-of-way shall be built to Town Standard.
7. Montclair Way and Westbury Drive Right-of-Ways Dedication: That adequate right-of-way shall be dedicated on the Montclair Way and Westbury Drive frontages. The right-of-ways width shall extend three-feet beyond the sidewalk.
8. Sidewalk Improvement: That a 5-foot wide sidewalk shall be built to Town standard, on the east side of Montclair Way and the north side of Westbury Drive and around the entire cul-de-sac of Montclair Way.
9. Public Right-of-Way: That the applicant shall dedicate a 50-foot wide right-of-way, adjacent to Lot 4 and Morgan Estates extending to the Town’s Open Space, for a potential future pedestrian trail or a potential vehicular access.
10. Minimum Recreation Requirements: That a minimum of 37,484 square feet of recreation area shall be provided for this development, in accordance with Section 5.5 of the Land Use Management Ordinance.
11. Dedication of Recreation Area: That the applicant provide for the Town Manager review and approval, a deed conveying to the Homeowners’ Association approximately 50,000 square feet in the northern portion of the site behind Lots 4, 5, 6, and 7 identified as “Montclair Homeowners’ Association Open Space.” This document shall be reviewed and approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and cross-referenced on the final plat.
12. Town Recreation Easement: That the applicant shall grant a public access easement to the Town for the entire recreation area/open space. The easement shall provide public access to build and maintain trails shall indicate and that the following users be entitled to use the public recreation area: pedestrians, users of non-motorized vehicles, and motorized wheelchairs. The easement shall be recorded by deed at the Orange County Register of Deeds Office and shall be cross-referenced on the final plat.
13. Sign Designating Community Open Space: That the applicant shall post a sign at the public access easement designating the access to community open space, subject to Town Manager approval.
Stipulations Related to Landscaping
14. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees will be removed and preserved, and indicating significant tree stands, including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
15. Tree Protection Fencing: That the limits of land disturbance with tree protection fencing shall be shown on the Landscape Protection Plan, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
Stipulations Related to Homeowners’ Association
16. Homeowners’ Association: That a Homeowners’ Association be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of common areas, however designated. The Homeowners’ Association documents shall be approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and shall be cross-referenced on the final plat. The Homeowners’ Association documents shall comply with Section 4.6.7 of the Land Use Management Ordinance.
Stipulations Related to Resource Conservation District
17. Boundaries: That the boundaries of the Resource Conservation District be indicated on the final plat and plan. A note shall be added to all final plats and plans, indicating “Development shall be restricted within the Resource Conservation District in accordance with the Chapel Hill Land Use Management Ordinance.”
18. Variances: That all variances necessary for development within the Resource Conservation District be obtained before application for final plat or Final Plan approval for the subject phase(s) of development.
19. Buildable Lots: That no lot be created that would require a Resource Conservation District Variance in order to be built upon. In addition, for each lot it must be demonstrated that there is sufficient buildable area outside the Resource Conservation District, slopes of 25% or greater, water quality vegetated buffers, other required landscape buffers, easements, and any applicable building setback limits.
20. Construction Standards: That for encroachment(s) into the Resource Conservation District the requirements and standards of Section 3.6.3(g) of the Land Use Management Ordinance and all other applicable Resource Conservation District regulations must be adhered to, unless the application is granted administrative exemptions from Section 3.6.3(h).
Stipulations Related to Steep Slopes
21. Steep Slopes: That each submittal for Final Plan approval shall include a map showing lots and street segments on slopes of 10% or more, and indicating how the development and construction will comply with the steep slopes regulations in Section 5.3.2 of the Land Use Management Ordinance.
Stipulations Related to Water, Sewer, and Other Utilities
22. Utility/Lighting Plan Approval: That the final Utility/Lighting Plan be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.
23. OWASA Easements: That easement documents as required by OWASA and the Town Manager be recorded concurrently with the final plat. That the final plat shall be approved by OWASA prior to Town Manager approval.
24. Placement of Utility Lines Underground: That all new utility lines shall be placed underground, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
25. Fire Flow: That a fire flow report, shall be prepared and sealed by a registered professional engineer, and showing that flows meet the minimum requirements of the Town Design Manual, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
26. Fire Hydrant Spacing: That maximum spacing between fire hydrants shall not exceed 500 feet, subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
27. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager. The plan shall be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.
28. Best Management Practices: That the applicant shall employ Best Management Practices, such as drainage swales and level spreaders, to manage the rate and quality
of runoff, based on best available information from the NC State University Cooperative Extension. Final design and locations shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. These stormwater management features shall not be permitted within approved landscaped bufferyard areas.
29. Storm Drainageway Easement: That all stormwater management improvements, outside public right-of-way, shall be located inside reserved storm drainageway easements, per Town guidelines, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit
30. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. The plan shall include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
31. State or Federal Approvals: That any required State or federal permits or any required encroachment agreements for development in areas such as wetlands must be approved by the appropriate agencies and copies of the approved permits be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.
32. Street Names and Addresses: That the name of the development and its streets and house numbers be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
33. Pavement Marking Plan: That the applicant submit a signage and pavement marking plan to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The signs and pavement markings shall be installed by the applicant prior to issuance of the first Certificate of Occupancy for a structure on the new lots.
34. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle traffic will be managed, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
35. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, and for managing and minimizing construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
36. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited unless it is demonstrated to the Town Manager or his designee that no reasonable alternative means are available for removal of the materials from the subject property. The Fire Marshall may establish safety standards, which must be met in order to receive a permit under this Article.
37. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.
38. As-Built Plans: That as-built plans in DXF binary format using State plane coordinates, shall be provided for street improvements and all other existing or proposed impervious surfaces prior to issuance of the first Certificate of Occupancy.
39. Plant Rescue: That the applicant consider conducting plant rescue activities on the site prior to initiation of development activity.
40. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.
That if the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and that a note to this effect shall be placed on the final plat.
41. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit, with special attention to preventing erosion associated with construction of any stormwater devices.
That a performance guarantee be provided in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.
42. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
43. Schools Adequate Public Facilities Ordinance: That the applicant provide the necessary Certificates of Adequacy of Public Schools prior to recordation of the final plat.
44. Construction Sign: That the applicant shall post a construction sign that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Building Permit, prior to the commencement of any land disturbing activities. The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.
45. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
46. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED that the Council hereby approves the application for a Preliminary Plat for the Montclair Subdivision in accordance with the plans and conditions listed above.
This the _____ day of _______________, 2004.
RESOLUTION B
Transportation Board Recommendation
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR MONTCLAIR SUBDIVISION (File No. 7.122.B.17A)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it find that the Montclair Subdivision, proposed by Cazco, Inc. on the property identified as Chapel Hill Township Tax Map 122, Block B, Lot 17A, (PIN 9778-90-0681) if developed according to the preliminary site plan dated September 26, 2002, revised June 5, 2004, and the conditions listed below, would comply with the provisions of the Land Use Management Ordinance and Design Manual:
These findings are based on the following:
1. Resolution A: That all stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.
That the following Stipulations in Resolution A shall be revised:
2. Number of Lots: That this approval shall authorize the creation of 13 lots on 11.02 acres. Accordingly, Stipulation #2 shall be revised as follows:
“Number of Lots”: That this approval shall authorize 14 lots on 11.02 acres.
5. Affordable Housing Lots: That the submission of the final plans and final plats shall include an affordable housing component. The final plans and plats shall identify Lot 3 as a lot on which an affordable unit must be constructed. Accordingly, Stipulation
# 5 shall be revised as follows:
“Affordable Housing Lots”: That the submission of the final plans and final plats shall include two affordable housing components. That final plans and plats shall identify Lot 3 and an additional lot on which an affordable unit must be constructed.
8. Sidewalk Improvement: That a 5-foot wide sidewalk shall be built to Town standard, on the east side of Montclair Way and the north side of Westbury Drive and along the entire cul-de-sac of Montclair Way. Accordingly Stipulation #8 shall be revised as follows:
“Sidewalk Improvement”: That a 5-foot wide sidewalk shall be built to Town standard on the east side of Montclair Way, except at the cul-de-sac, and the north side of Westbury Drive.
12. Town Recreation Easement: That the applicant shall grant a public access easement to the Town for the entire recreation area/open space. The easement shall provide public access to build and maintain trails and shall indicate that that the following users be entitled to use the public recreation area: pedestrians, users of no-motorized vehicles, and motorized wheelchairs. The easement shall be recorded by deed at the Orange County Register of Deeds Office and shall be cross-referenced on the final plat. Accordingly, Stipulation #12 shall be revised as follows:
“Town Recreation Easement”: That the applicant shall grant an improved public access easement to the Town for the entire recreation area/open space. The easement shall provide public access to build and maintain trails and shall indicate that that the following users be entitled to use the public recreation area: pedestrians, users of no-motorized vehicles, and motorized wheelchairs. The easement shall be recorded by deed at the Orange County Register of Deeds Office and shall be cross-referenced on the final plat. The portion of the recreation area/open space that connects the public road to the Town-owned land shall be improved as a greenway trail, subject to Town Manager approval.
BE IT FURTHER RESOLVED that the Council hereby approves the application for Preliminary Plat Approval for the Montclair Subdivision.
This the _____ day of _______________, 2004.
RESOLUTION C
(Denying Application)
A RESOLUTION DENYING AN APPLICATION FOR A PRELIMINARY PLAT FOR MONTCLAIR SUBDIVISION (File No. 7.122.B.17A)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it find that the Montclair Subdivision, proposed by Cazco, Inc. on the property identified as Chapel Hill Township Tax Map 122, Block B, Lot 17A, (PIN 9778-90-0681) if developed according to the preliminary site plan dated September 26, 2002, revised June 5, 2004, and the conditions listed below, would not comply with the provisions of the Land Use Management Ordinance and Design Manual:
(INSERT REASONS FOR DENIAL)
BE IT FURTHER RESOLVED that the Council hereby denies the application for Preliminary Plat Approval for the Montclair Subdivision.
This the _____ day of _______________, 2004.