ATTACHMENT 2

ORIGINAL STAFF REPORT TO ADVISORY BOARDS (WITH CHANGES)

 

Some of the circumstances and/or recommendations in the original Staff Report, reviewed by Advisory Boards, have changed.  Please refer to the Staff Report Update (Attachment 1) for detailed discussion of changes to recommendations.  The changes in the Staff Report are noted by underlines and strikeouts for inserted and deleted text respectively.

 

STAFF REPORT

 

SUBJECT:      Stargate Subdivision – Application for Preliminary Plat Approval

                        (File No. 7.27..26E)

 

DATE:             October 4, 2005 (Planning Board and Transportation Board)

                        October 19, 2005 (Parks and Recreation Commission)

                        October 25, 2005 (Bicycle and Pedestrian Advisory Board)

 

INTRODUCTION

 

We have received a request for Preliminary Plat approval of Stargate Subdivision.  The 1.5-acre site is located east of the intersection of Weaver Dairy Road and Sedgefield Road.  The applicant is proposing to develop two residential lots with access proposed from Weaver Dairy Road.  The site is located in the Residential-2 (R-2) zoning district, in the Urban Service Boundary, and within the town limits.  The property is located in Orange County and is identified as Chapel Hill Township Tax Map 27, Lot 26E. 

 

Attached is the Subdivision Fact Sheet and reduced plans.

 

BACKGROUND

 

Preliminary Plat approval authorizes the division of land.  Currently there is a single-family dwelling unit with an accessory apartment under construction on proposed Lot 1.  Places of worship, child day care facilities, and non-profit recreation facilities are also permitted uses on lots in the Residential-2 (R-2) zoning district under certain circumstances. 

 

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 1.5-acre site is located on the east side of Weaver Dairy Road at the Sedgefield Road intersection.  Adjacent properties are located in the Residential-2 (R-2) zoning district.  The adjacent properties either have single-family dwelling units or are undeveloped.

 

Currently, a single-family dwelling unit with an accessory apartment is under construction on the site on proposed Lot 1.  The site has mixed pines and hardwood vegetation, including a number of significant large diameter oaks and other hardwoods.  The site has slopes of less than 10 percent running in a generally westward direction. Along the eastern property line, there is an existing 20 foot access easement with a 15 foot wide gravel drive extending from Weaver Dairy Road to the southeast corner of the site.  This private easement provides vehicular access to an adjoining property located east of the proposed subdivision.

 

Development Description: The applicant proposes to subdivide the 1.5-acre site into 2 residential lots. The two proposed lots are to share an existing access driveway off of Weaver Dairy Road.  Proposed lots sizes are 30,367 square feet and 34,194 square feet.  The required minimum lot size in this zoning district is 10,000 square feet of gross land area. We believe that the applicant plans to construct a single-family home or two-family dwelling (a dwelling unit with an accessory apartment or a duplex) on Lot 2. There currently is a single-family dwelling unit with an accessory apartment under construction on proposed Lot 1.

 

ORDINANCE REQUIREMENTS

Floor Area Restrictions:  Because the applicant is proposing fewer than five lots, the Floor Area Restrictions/Affordable Housing requirements of the Land Use Management Ordinance do not apply.

 

Comprehensive Plan: The Chapel Hill Land Use Plan, a component of the Comprehensive Plan, classifies this site and adjacent properties as low density residential (1-4 units/acre).

 

TRANSPORTATION ISSUES

Access and Circulation: Vehicular access to the site is proposed from an existing curb-cut on Weaver Dairy Road that currently provides access to the existing construction site on proposed Lot 1 and an adjacent property to the east.  We recommend that the approval of the subdivision require the use of the existing curb-cut as the driveway location for both lots and continue to serve as access for the adjacent property.  We recommend that prior to the issuance of a Zoning Compliance Permit, that the applicant submit an access easement that would permit use of the driveway for proposed Lot 1 and Lot 2.  We recommend that the easement document provide for the maintenance of the new driveway.  We also recommend that the recorded subdivision plat cross-reference the access easement document and include a note prohibiting additional curb-cuts along the site’s frontage on Weaver Dairy Road.  Stipulations to this effect have been included in Resolution A.  

 

The text immediately below has changed from the original Staff Report.

 

The existing access easement contains a 15-foot wide gravel drive extending from Weaver Dairy Road to the eastern property line.  We recommend that this gravel drive be widened to 20 feet to provide access for emergency vehicles from Weaver Dairy Road to the eastern property line first driveway and also the portion of the driveway to provide access to Lot 2.  A stipulation has been included in Resolution A to this effect.

 

In order to accommodate a future sidewalk, and possibly a center turn lane for west bound left turning movements from Weaver Dairy Road into Sedgefield Road, we recommend that the applicant dedicate additional right-of-way along the frontage of the site on Weaver Dairy Road.  We recommend that the applicant dedicate half of an 80 foot right-of-way.  A stipulation to this effect has been included in Resolution A.

 

Sidewalks:  This portion of Weaver Dairy Road is classified as an arterial road.  We believe that this classification will be changed to collector when the Sage Road extension is connected to Weaver Dairy Road.  The Town’s Design Standard for an arterial or collector road includes curb, gutter and sidewalk.  We recommend that instead of constructing a sidewalk, that the applicant provide a payment-in-lieu. Prior to the issuance of a Zoning Compliance Permit the applicant will submit the payment-in-lieu in an amount to be determined by the Town Manager.  This recommendation is stipulated in Resolution A.

 

Traffic Impact: The Traffic Impact Analysis was waived for this development because the total number of trips for the proposed development is projected to be less than 8 trips per day.  We believe there would be no significant traffic impact on the surrounding street network.

 

The text immediately below has changed from the original Staff Report.

 

RECREATION ISSUES

Recreation Requirements: Section 5.5.2 of the Land Use Management Ordinance requires that the applicant provide 7,790 square feet of recreation area.  The applicant is proposing to satisfy this requirement by dedication 10-feet of public right-of-way along the Weaver Dairy Road frontage to the town.  Originally the applicant proposed dedication of 10 feet of public right-of-way along Weaver Dairy Road as recreation areaWe believe the proposal by the applicant is unsuitable as recreation space because it does not meet the recreation requirements of the Land Use Management Ordinance.  We recommend that the applicant satisfy the recreation requirements for this development with a payment-in-lieu. This stipulation has been included in Resolution A.  The Council has adopted a new policy regarding payment-in-lieu for recreation area in October, 2005.  This subdivision will be subject to the new regulations.

 

LANDSCAPING AND ARCHITECTURAL ISSUES

Buffers and Landscaping: The following landscape buffers are required for this subdivision:

  1. Type “D” landscape bufferyard (minimum 30-foot width) along the property’s frontage with Weaver Dairy Road.

 

The text immediately below has changed from the original Staff Report.

 

The proposed plans do not identify a location for a Type “D” buffer along the site’s frontage on Weaver Dairy Road.  The existing access drive for Lot 1 will encroach within a portion of the required 30-foot wide buffer area.  We recommend the applicant seek approval for an alternative buffer from the Community Design Commission prior to issuance of a Zoning Compliance Permit.  We recommend that the Weaver Dairy Road buffer be identified on the final plans. and plat as common area to be deeded to the Stargate Homeowners’ Association.   We also recommend that provisions for the maintenance of the buffer be incorporated into the Homeowners Association covenants be by the private property owner. These recommendations have been incorporated into Resolution A.

 

We recommend that prior to the issuance of a Zoning Compliance Permit the Town Manager review and approve a landscape planting plan for the Weaver Dairy Road buffer.  A stipulation has been included to this effect in Resolution A. 

 

Tree Protection: Tree Protection Fencing is shown along the grading limits for the construction of the access drive.  Tree Protection Fencing is also shown along the installation of the sewer line on the Weaver Dairy Road property line.  We recommend that prior to the issuance of a Zoning Compliance Permit that the Town Manager review and approve a Tree Protection Plan.  A stipulation to this effect is included in Resolution A.

 

ENVIRONMENTAL ISSUES

Watershed Protection District:  This property is not within the Town's Watershed Protection. 

 

Resource Conservation District:  The site does not fall within the Resource Conservation District.  We recommend that the final plat include a statement about the Resource Conservation District determination.  A stipulation is included in Resolution A to this effect.

 

Stormwater Management:  Because the proposed development does not require land disturbance associated with infrastructure, or the construction of a new road, the applicant was exempt from a Stormwater Impact Statement.  Stormwater controls for the proposed residential development on Lot 2, including controls for rate, quality, and volume will be reviewed and approved prior to the issuance of a Building Permit.  The stormwater management needs for the residential structure currently being construction on Lot 1 are to be managed by a previously approved bio-retention facility in the northeast corner of the site.

 

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 have included a stipulation to this effect in Resolution A.

 

Utilities:  We recommend that all necessary public easements for sewer line infrastructure be dedicated.  We recommend that prior to the issuance of a Zoning Compliance Permit, the Town Manager and OWASA review and approve the dedication prior to recordation.  This stipulation has been included in Resolution A.

 

Power lines are required to be placed underground in accordance with Section 5.12 of the Land Use Management Ordinance.  The applicant is proposing that new utility lines be placed underground.  We recommend that the final plans indicate that all new utility lines shall be placed underground.  A stipulation to this effect has been included in Resolution A.

 

The text immediately below has changed from the original Staff Report.

 

Fire Safety:  Prior to issuance of a Zoning Compliance Permit, a fire flow report, prepared and sealed by a registered professional engineer, shall be review and approval by the Town Manager. 

 

OTHER ISSUES

Homeowners Association: We recommend that a Homeowners’ Association be created for the purpose of owning and maintaining common areas, 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.

 

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.

 

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 issuance of a Zoning Compliance Permit.  We have included a stipulation to this effect in Resolution A.

 

Miscellaneous:  We have also included a stipulation in Resolution A requiring that no open burning associated with this development be permitted.

 

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.

 

Resolution B is the Planning Board recommendation.

 

Resolution C would deny the request.