AGENDA #11
MEMORANDUM
TO: Mayor and Town Council
From: W. Calvin Horton, Town Manager
Subject: Montclair Subdivision: Application for Preliminary Plat Approval (File No. 7.122.B.17A)
Date: October 11, 2004
INTRODUCTION
Tonight the Council continues the Montclair Subdivision Public Hearing from September 20, 2004, regarding a Preliminary Plat application to authorize the subdivision of 11.02 acres into 13 lots. Adoption of Resolution A or B would approve a Preliminary Plat application with conditions. Adoption of Resolution C would deny the request.
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This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
¨ Cover Memorandum: Provides background information on the development proposal and the Town’s review process, presents evidence in the record thus far in support of and in opposition to approval of the application, and offers recommendations for Council action.
¨ Attachments: Includes comments on issues raised during the September 20 Public Hearing, a letter from Orange Community Housing and Land Trust, and a copy of the Public Hearing memorandum and its related attachments.
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Background
On September 20, 2004, a Public Hearing was held for consideration of a Preliminary Plat application to authorize the subdivision of 11.02 acres into 13 lots for residential construction. The site is located to the north of Culbreth Road, east of the recently approved Morgan Estates Subdivision and west of Southbridge Subdivision. Two points of access are proposed to serve the site, from Montclair Way (now under construction) terminating in a cul-de-sac and the recently approved Westbury Drive Extension.
PROCESS
This is an application for a Preliminary Plat approval. The Land Use Management Ordinance requires the Town Manager to conduct an evaluation of this 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 regarding its compliance with the standards and regulations of the Land Use Management Ordinance; we have presented a report to the Planning Board; and on September 20 we submitted our report and 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 of a subdivision is quasi-judicial, with sworn testimony and evidence entered into the record.
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 was presented at the September 20 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.
evaluation of the application
Evaluation of this application centers on compliance with the subdivision regulations and standards in the Land Use Management Ordinance. We have attached a checklist of the Town’s subdivision regulations (see Attachment 2 of attached Public Hearing Memorandum). 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.
KEY ISSUES
We believe that the key issues raised during the September 20 Public Hearing focused on affordable housing. We offer additional information on these issues below.
Restricted Floor Area Housing /Affordable Housing: Council members asked the applicant to consider including two affordable houses rather than one.
Comment: The applicant proposes one affordable unit, stating that this is consistent with Ordinance provisions.
The 13-lot 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 Council has discretion when considering an applicant’s proposal to substitute affordable units in lieu of size-restricted units. The regulations specify that at least 25% of the homes be restricted in size for a 30-month period. In this case, 25% represents three units. 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 housing unit would be required. The Council is not required to approve the substitution.
We recommend approval of the proposal for a single affordable housing unit. We have included a stipulation to this effect in Resolution A.
Town Approval of the Selling Price: We have included as Attachment 4, a letter from Robert Dowling, Executive Director of Orange Community Housing and Land Trust. The letter suggests that the Town approve the selling price of the affordable unit.
Comment: We have included conditions of approval in Resolution A that would require Ms. Zinn to work with the Town Manager to determine compliance with the initial and continued affordability provisions.
Timing of Construction of Affordable Unit: We have included as Attachment 4, a letter from Robert Dowling, Executive Director of Orange Community Housing and Land Trust. The second point of the letter suggests that it would be preferable that the affordable home not be the last home built in the subdivision.
Comment: The developer has indicated that she will build the affordable house as the 8th house (or possibly earlier) in the subdivision.
RECOMMENDATIONS
Recommendations are summarized below. Please see the attached summaries of board actions and recommendations.
Planning Board Recommendation: The Planning Board reviewed this proposal on August 3, 2004, and voted 6-0 to recommend that the Council approve the application with the conditions in Resolution A.
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 revisions, with the adoption of Resolution B. Resolution B includes the following recommended conditions of the Transportation Board:
1. Include a sidewalk along the east side of Montclair Way, between Westbury Drive and Culbreth Road.
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.
2. Remove the requirement for a sidewalk around the cul-de-sac (Montclair Way).
Comment: We recommend that a sidewalk be constructed around the entire cul-de-sac to encourage safe pedestrian movement.
3. Increase the number of affordable housing units to 2 by reconfiguring the lots, increasing the number of total lots to 14.
Comment: The subdivision is in conformance with the Land Use Management Ordinance Sections 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). We do not believe that we can require the creation of 14 lots and the applicant has not modified her 13-lot proposal.
4. Require an improved trail connecting Westbury Drive to the Town open space and the Homeowners’ open space.
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. We have included in Stipulation #13 that the applicant post a sign at the public access easement designating the access to community open space.
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 adoption of 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 Recommendation: We recommend that the Council approve this Preliminary Plat application with the conditions listed in Resolution A.
Resolution B would approve the application as recommended by the Transportation Board.
Resolution C would deny the application.
Montclair Subdivision
Preliminary Plat
DIFFERENCES AMONG RESOLUTIONS
ISSUE |
Resolution A Manager’s Recommendation |
Resolution B Transportation Board Recommendation |
Require applicant to create 14 lots |
Cannot require without applicant’s consent |
Yes |
Require applicant to provide two affordable units |
Cannot require without applicant’s consent * |
Yes |
No sidewalk around Montclair Way cul-de-sac |
Include sidewalk around cul-de-sac |
Yes |
Improved public access easement for recreation/open space |
No (unimproved) |
Yes |
*If Council accepts the developer’s offer for an affordable house in lieu of size restricted homes, the Ordinance provisions call for one affordable home in this case.
ATTACHMENTS
1. Letter from Orange Community Housing and Land Trust (p. 16).
2. September 20, 2004 Public Hearing Memorandum and Related Attachments (p. 17).
RESOLUTION A
Manager’s Recommendation,
Planning Board 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) (2004-10-11/R-13a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds 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 Rights-of-Way Dedication: That adequate rights-of-way shall be dedicated on the Montclair Way and Westbury Drive frontages. The rights-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 Land Use Management 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 11th day of October, 2004.
RESOLUTION B
Transportation Board Recommendation
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR MONTCLAIR SUBDIVISION (File No. 7.122.B.17A) (2004-10-11/R-13b)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds 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 11th day of October, 2004.
RESOLUTION C
(Denying Application)
A RESOLUTION DENYING AN APPLICATION FOR A PRELIMINARY PLAT FOR MONTCLAIR SUBDIVISION (File No. 7.122.B.17A) (2004-10-11/R-13c)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds 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 11th day of October, 2004.