AGENDA #2

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:      Public Hearing: Stargate Subdivision – Application for Preliminary Plat Approval (File No. 7.26..27E)

 

DATE:            November 14, 2005

 

PURPOSE

 

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

 

Even though this subdivision proposal would create only two lots, it is classified as a Major Subdivision because of previous subdivision activity involving the property.  Please see “Background” section below for further discussion.

 

Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of the application as the Council determines appropriate requirements to include as conditions of approval.

 

This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:

 

 

PROCESS

 

This is a Major Subdivision application requesting 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.

 

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 listing 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 School 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.

 

BACKGROUND

 

A Concept Plan review of this application was conducted by the Community Design Commission on June 16, 2004. See the attached summary.

 

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 residential dwelling units.  However, we note that two-family dwellings (single-family home with accessory apartment, and duplex buildings), places of worship, child day care facilities, and non-profit recreation facilities are permitted uses on lots in the Residential-2 (R-2) zoning district in particular circumstances.

 

A Major Subdivision application is required, rather than a Minor Subdivision application, if any one of the following conditions is met:

  1. create more than four (4) lots from any one tract of land, whether such lots are created at one time or over an extended period of time; or

     

  2. dedicate or improve any new street other than widening approved existing streets; or

     

  3. extend a public water or sanitary sewerage system other than laterals to individual lots; or

     

  4. install drainage improvements which would require easements through one or more lots to serve other lots.

     

This application meets condition one and is therefore a Major Subdivision application. Regarding item one, the parent tract, of which a portion became Springcrest Subdivision, has been subdivided more than four times since October 8, 1956, the effective date of the Town’s subdivision regulations. Accordingly, the applicant is required to submit a Major Subdivision application.

 

DESCRIPTION OF THE APPLICATION

 

The application is for approval of a Preliminary Plat to subdivide 1.5 acres.  The applicant is proposing to create two lots.  The site is located on the north side of Weaver Dairy Road just east of the intersection of Weaver Dairy Road and Sedgefield Road.  Access is proposed from an existing gravel drive.

 

The site is located in the Residential-2 (R-2) zoning district.  The property is identified as Chapel Hill Township Map 26, Lot 27E.

 

EVALUATION OF THE APPLICATION

 

We have evaluated the application regarding its compliance with the subdivision standards and regulations of the Town’s Land Use Management Ordinance.   Based on our evaluation, our preliminary recommendation is that the application, as submitted, complies with the regulations and standards of the Land Use Management Ordinance and Design Manual, with the conditions in Resolution A.

 

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.

 

Tonight, the Council receives our attached evaluation, and also receives information submitted by the applicant and citizens.  The applicant’s materials are included as attachments to this memorandum.  All information that is submitted at the hearing will be included in the record.

 

KEY ISSUES

 

Based on our evaluation and comments received from Advisory Boards, we believe that the key issues concerning this proposed development are the following:

 

Recreation Area Requirement: Originally the applicant proposed a 10-foot strip of land as dedication of recreation area adjacent to Weaver Dairy Road.  The staff believed the area to be unsuitable for recreation area and recommended that the applicant provide a payment-in-lieu to meet the recreation requirements.  At the October Planning Board meeting, the Planning Board recommended that the proposal be exempted from the recreation area requirement.

 

Comment:  This proposal does not qualify for exemption from recreation area requirement.  The Land Use Management Ordinance only allows for exemptions from providing suitable land for recreation area under certain circumstances.  We recommend provision of a payment-in-lieu of providing on-site recreation area.

 

At the October 10, 2005 Council meeting, the Council adopted a modification to the method used in calculating payment-in-lieu for recreation area.  We believe it is reasonable to require that this applicant provide a payment-in-lieu under the recently amended method.  Resolution A, the Manager’s Preliminary Recommendation, would permit a payment-in-lieu of the otherwise required 7,790 square feet of recreation area. 

 

Sidewalk:  At the October Planning Board meeting, the Planning Board suggested that the applicant be required to make a payment-in-lieu for sidewalk construction of up to a maximum of $5,000. 

 

Comment:  We recommend approval of a payment-in-lieu of providing a sidewalk along the property frontage.  We believe that during the final plan stage of review, the applicant should submit a cost estimate for the sidewalk construction.  The estimate would be subject to approval by the Town Manager and if acceptable, would be the basis for a required payment-in-lieu.  We have included a stipulation in Resolution A, the Manager’s Preliminary Recommendation, that the payment-in-lieu amount be determined during the final plan review.  Resolution A does not provide a limit on the payment amount.  We recommend that the payment amount reflect the estimated construction cost.

 

SUMMARY

 

We have attached a resolution that includes standard conditions of approval as well as special conditions that we recommend.  The key special conditions that we recommend are described in detail in the accompanying report.  With these conditions, we believe that the Council could adopt a resolution to approve the application for a subdivision.  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 submits detailed Final Plans and documentation, complying with Council stipulations. Information is reviewed by Town departments and the following agencies (if applicable):

    • North Carolina Department of Transportation,

    • North Carolina Department of Environmental and Natural Resources,

    • Orange Water and Sewer Authority,

    • Duke Power Company,

    • Public Service Company,

    • Time Warner Cable, and

    • BellSouth;

     

  2. 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;

     

  3. Engineering Department issues an Engineering Construction Permit, authorizing work within the public right-of-way, if applicable;

     

  4. Applicant submits final plat application for Town review and approval.  Once approved, the plat is recorded at the Orange County Register of Deeds office; and

     

  5. Planning Department issues Zoning Compliance Permits for development on individual lots; Inspections Department issues Building Permits for development on individual lots and Certificates of Occupancy.

     

RECOMMENDATIONS

 

Adjusted stipulations in Resolution A, the Manager’s Preliminary Recommendation:

 

Following Advisory Board review of the application, the following stipulations were adjusted in Resolution A, the Manager’s Preliminary Recommendation:

 

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.

 

Comment:  The Planning Board recommended the removal of reference to creation of a Homeowners’ Association.  We concur with this recommendation given that two lots are proposed.  Please refer to the Staff Report Update for additional information. We have removed references to a Homeowners’ Association from other stipulations.

 

Existing Access Easement: That the existing 15-foot wide gravel driveway that extends to the east, shall be widened to a minimum width of 20 feet, from Weaver Dairy Road for the shared length.

 

Comment:  The Planning Board recommended the removal of a requirement to widen the entire length of the driveway and instead only widen the section of the easement closest to Weaver Dairy Road.  We recommend the driveway be improved in all areas proposed as a shared driveway. 

Fire Hydrant Spacing: That maximum spacing between fire hydrants shall not exceed 400 feet, subject to approval by the Town Manager.

 

Comment:  The Planning Board recommended removal of this stipulation.  We concur with this recommendation.  Subsequent review of the existing fire hydrant locations confirmed that existing hydrant spacing meets this requirement and the requirement that a hydrant be located within 500 feet of new development.  This stipulation is no longer included in any of the recommended resolutions.

 

Advisory Board Recommendation not incorporated into Resolution A, the Manager’s Preliminary Recommendation:

 

The Advisory Board recommended the following stipulations which are not incorporated into Resolution A:

 

Sidewalk Improvements:  That a payment-in-lieu for future sidewalk construction, along the site’s Weaver Dairy Road frontage, be made to the Town of Chapel Hill prior to issuance of a Zoning Compliance Permit.  The amount not to exceed $5,000. 

 

Comment:  This stipulation has not been included in Resolution A.  We recommend provision of a payment-in-lieu for the sidewalk at the estimated cost without a limit on the amount.  Please see the Key Issues section for additional information.

 

Payment-in-Lieu for Minimum Recreation Requirements:  That prior to the issuance of a Zoning Compliance Permit, the applicant provide a payment-in-lieu for the minimum 7,790 square feet of recreation area.  The payment amount shall be approved by the Town Manager in accordance with Land Use Management Ordinance, Section 5.5.2 or subsequent ordinance revisions as approved by the Town Council.

 

Comment:  The Planning Board recommended deleting this stipulation.  This stipulation has been included in Resolution A.  We recommend provision of a payment-in-lieu for recreation area.  Please see Key Issues section for additional information.

 

Recommendations from Advisory Boards and the Town Manager are summarized below:

 

Planning Board:  The Planning Board reviewed this subdivision on October 18, 2005.  The Board voted 8-0 to recommend that the Council approve the application with the adoption of Resolution B.  Please see the attached Summary of Planning Board Action.

 

Transportation Board:  The Transportation Board will continue review of this subdivision proposal on November 15, 2005.  The Summary of Transportation Board Action will be forwarded to the Council when it is available.

 

Bicycle and Pedestrian Advisory Board:  The Bicycle and Pedestrian Advisory Board will review this subdivision proposal on November 22, 2005.  The Summary of Bicycle and Pedestrian Advisory Board Action will be forwarded to Council when it is available.

 

Parks and Recreation Commission:  The Parks and Recreation Commission will review this subdivision proposal on November 16, 2005.  The Summary of Parks and Recreation Commission Action will be forwarded to the Council when it is available.

 

Manager’s Preliminary Recommendation:  Our preliminary recommendation is that the Council approve the Preliminary Plat application with the conditions listed in Resolution A.

 

Following tonight’s Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application.

 

Resolution C would deny the application.

 

Stargate Subdivision

Preliminary Plat

DIFFERENCES AMONG RESOLUTIONS

 

ISSUE

Resolution A

Manager’s Preliminary Recommendation

Resolution B

Planning Board Recommendation

Recreation Area Payment-in-lieu

Yes

No

Weaver Dairy Road Sidewalk Payment-in-lieu

Yes

Yes

(limited to $5,000)

Driveway Access Easement Improvements

Yes (all areas of shared drive)

Yes (only from Weaver Dairy Road to first driveway)

 

ATTACHMENTS

  1. Staff Report Update (p.10).

  2. Staff Report October 4, 2005 (p. 11).

  3. Checklist of Compliance with Subdivision Regulations (p. 16).

  4. Resolution A (Manager’s Preliminary Recommendation) (p. 17).

  5. Resolution B (Planning Board Recommendation) (p. 22).

  6. Resolution C (p. 23).

  7. Summary of Planning Board Action (p. 24).

  8. Summary of Community Design Commission Concept Plan Review (p. 26).

  9. Subdivision Fact Sheet (p. 27).

  10. Reduced Plans (p. 29).

  11. Area Map (p. 31).

  12. Summary of Differences Between Legislative and Quasi-Judicial Zoning Decisions (p. 32).