Untitled Document

Subject: Public Hearing: Parkside II Cluster Subdivision - Application for Preliminary Plat Approval (File No. 24..17)

An application has been filed, seeking approval of a Preliminary Plat to authorize subdivision of 32 acres of land into 67 single-family residential lots, north of Homestead Road between the Parkside I Subdivision and the University Branch Southern Railroad. 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.

On March 13, 1996, the Town Council approved a preliminary plat for 142 lots, the Parkside I Cluster Subdivision. Parkside I is located between Airport Road and the proposed Parkside II site. The Parkside I preliminary plat included a street stubout to the western property line in anticipation of development of the subject site. As of this date, 132 building permits have been issued for the Parkside I development. Of the 132 permits, 84 Certificates of Occupancy have been issued.

The Parkside II site is currently in the Extraterritorial Jurisdiction (ETJ) and outside the Town limits.

This is an application for a Preliminary Plat. The Development 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 Article 18 of the Development Ordinance. However, the Council’s review and action of 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 Development Ordinance. The review typically focuses on vehicular and pedestrian access and circulation, traffic impact, public improvements, lot standards, and recreation area.

We note that this preliminary plat application proposes a Cluster Development. The Development Ordinance defines a Cluster Development as:

“A subdivision in which building lots are grouped together through a transfer of allowable density within the subdivided tract. Cluster development permits more efficient development by creating lots with gross land areas smaller than those required for conventional lot-by-lot development, yet maintains application of normal lot density standards to the subdivided tract as a whole by requiring that land area saved by lot size reductions be reserved as permanent recreation area.”

Information regarding this application will be presented at tonight’s Public Hearing. The Development Ordinance directs that if, after consideration of the information, the Council decides that the application meets all the Development Ordinance requirements, the application must be approved. If the Council decides that the application does not meet all the Development Ordinance requirements, the application accordingly must be denied.

The submitted application is for a preliminary plat to subdivide 32 acres of gross land area into a cluster development. The proposal includes 67 single-family lots. In accordance with new restrictions in Section 13.11 of the Development Ordinance (“Major Subdivision and Planned Development-Housing Floor Area Restrictions”), size limitations are proposed for seventeen of the lots.

The proposed development includes extending the Weaver Dairy Road right-of-way from the Northwoods V Subdivision to the southern edge of the site and constructing a portion of the roadway. A total of 10.1 acres of open space is proposed for this subdivision including future greenway corridors, a central open space and a pedestrian connection to the Homestead Community Park.

Located west of Airport Road and north of Homestead Road, the site is immediately west of the existing Parkside I subdivision, northwest of the new Homestead Community Park and south of the Northwoods V Phase II Subdivision. The University Branch Southern Railroad is adjacent to the western boundary of the site. The site is located in a Residential-2 (R-2) zoning district, located in Orange County outside the Town limits, and is identified as Chapel Hill Township Tax Map 27, Lot 17.

Evaluation of this application centers on compliance with the subdivision regulations and standards in the Development Ordinance. The subdivision is proposed as a Cluster Development. The Town Council may, as a discretionary decision, allow reductions in lots size and clustering of lots. We have included on page 25 of this memorandum a checklist of the Town’s subdivision regulations. The checklist indicates which of the Town’s regulations are satisfied with the applicant’s proposal, and recommended conditions. We note that in this case, compliance is contingent upon the Council’s finding that this is acceptable as a cluster subdivision.

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 Planning Staff Report for detail on compliance with subdivision regulations.

Resolution A represents the Town’s Manager’s preliminary recommendation. Resolution A includes conditions of approval typically recommended by the Manager for subdivision proposals. There are also several conditions we recommend specifically for this proposal.

With these conditions, we believe that the Council could find that the application meets or exceeds all the pertinent subdivision regulations and standards in the Development Ordinance on the proposal as submitted.

Below we have summarized six key conditions that we have included in Resolution A.

“That if the Town Manager approves a phasing plan for this development, the phasing plan must address the mixed-housing provisions of Section 13.11 of the Development Ordinance in each phase”

Staff Comment: We offer the following observations and opinions on the issue of whether or not to require, if a phasing plan is proposed for this development, that the phasing plan address the mixed-housing restrictions.

· The Development Ordinance does not require that projects be phased; it does allow the Town Manager to review and approve phasing plans if they are offered. There is no requirement that a phasing plan be approved if offered. Phasing plans may be proposed at any time prior to the recordation of a Final Plat.

· Town approval of a Final Plat for recordation for a subdivision is the final Town regulatory act in the creation of lots. An applicant may choose to record a Final Plat for one lot or a series of lots (with an approved “phasing plan”), or the entire subdivision. Town approval of a Final Plat guarantees that infrastructure (streets, sidewalks, water lines, sewer lines, required stormwater systems) are either constructed or bonded. Approval and recordation of a Final Plat creates lots and allows for the sale of the lots.

· If the Town Manager approves a Phasing Plan for any project, it is with the understanding that all required improvements that are necessary to support that phase are included. Approval of a Phasing Plan does not mandate that subsequent phases would be developed.

We recommend that, if a Phasing Plan is proposed, each phase must address the new house floor area restrictions of the Development Ordinance. We recommend this provision because new house floor area requirement is a necessary part of the subdivision, and if this requirement is delayed until the end of the developer’s program, there is the possibility that the requirement would not be met because of the uncertainty regarding completion of subsequent phases.

We also believe that the Town Council reasonably could conclude that, because this floor area restriction requirement is proposed to be met in a specific location in the proposed development, and because a logical Phasing Plan might identify this specific area as one of the later phases because of its location, it would be acceptable to allow a Phasing Plan that did not address the floor area restrictions requirement with each individual phase.

The Manager’s preliminary recommendation, Resolution A includes the requirement that the floor area restrictions be met phase by phase.

“That one-half of Weaver Dairy Road (eastern half), extending from the northern to southern property line of this site be constructed to a 32 foot wide cross-section from back-of-curb to back-of-curb, including curb and gutter, two 12 foot wide travel lanes, a 4-foot wide bike lane, a 3-foot planter strip and a 5-foot wide paved sidewalk.”

The Town’s Comprehensive Plan identifies this site as being within a proposed transportation corridor for the extension of Weaver Dairy Road. We note that the proposed site plan does not include the construction of Weaver Dairy Road through the site. As submitted, the site plan includes the dedication of a 90-foot right-of-way through the site and construction of a segment of a two-lane roadway from the Northwoods development to the intersection of Fulton Way.

Staff Comments: We believe that the full length of Weaver Dairy Road (at least a 32 foot wide cross-section with two travel lanes, curb and gutter, bike lane and sidewalk) through this entire property is needed in order to provide full and adequate access to the proposed development. We believe that construction of this two-lane roadway segment for the full length of this property would satisfy the requirement of Section 17.7 (Design of Subdivision) of the Development Ordinance:

“The subdivision should be designed with a street network which provides safe, adequate access to all lots within the subdivision, and to properties adjoining the subdivision where such access is deemed desirable for the orderly future development of these properties. However, the design of the street network in a subdivision should not encourage through traffic (the origins and destination of which are external to the subdivision) to use local roads in the subdivision. Further, the various streets, utilities, recreation areas and other community facilities serving a subdivision should be sized and located in conformity with the Comprehensive Plan.”

We also note the following from Section 14.5 (Access and Circulation) of the Development Ordinance:

“The type and arrangement of streets and driveways within the development shall be in compliance with and coordinate to Chapel Hill’s Transportation Plan.”

In consideration of the Development Ordinance language, we offer the following observations and opinions:

For these reasons, we recommend that the construction of two lanes of the proposed Weaver Dairy Road Extension, including curb and gutter, bike lane and sidewalk, completely through this property, be required as a condition of approval of this subdivision.

We note that the applicant objected to this condition during the Planning Board’s discussion of this application.

We also note that recent case law has established a principle called “rational nexus” requiring that there be a clear relationship between requirements attached to a development approval, and the needs and impacts that are created by this proposed development.

If the applicant objects to the proposed stipulation, then we believe that we will need additional time to further document and specifically quantify the rational nexus relationship. Resolution A calls for what we believe is the necessary construction of one-half of the ultimate Weaver Dairy Road cross section through this property.

If the Council believes that the approval of this proposal does not require the construction of Weaver Dairy Road, as recommended by the Manager, we recommend that the Council require the applicant to construct, in addition to the applicant proposal, an additional 32-foot wide cross section of Weaver Dairy Road between the proposed Laurens Way and the southern property line.

“That the tree protection fencing as shown on proposed lots 16, 27, 28, and 30, shall remain in place during residential construction activities. That tree protection fencing shall be installed around the 34 dbh inch Red Oak on proposed lot 31 and shall remain in place during residential construction activities on same lot. That the tree protection fence on these lots shall be installed at a distance from the base of the tree equal to at least one foot per dbh.”

The submitted site plan locates specimen trees near the center of the site (east of lot 43 and west of lot 62) and in the vicinity of several proposed lots (16, 27-31). In addition to the noted specimen trees, the site plan also identifies all trees greater than 15-inches in diameter near these lots.

We note that the diameter of two trees shown on the site plan, a 15-inch triple maple on lot 28 and a 16-inch triple maple on lot 29, are incorrectly labeled. The 15-inch maple on lot 28 is actually 30 inches in diameter and the 16-inch maple on lot 29 is 32 inches in diameter.

Some of the trees near these lots would be removed with the construction of Camille Court and Christine Court. Due to the small size of the lots, we anticipate that most of the remaining trees shown in this vicinity will not survive the impact of residential construction without additional protection.

Staff Comment: We believe an opportunity exists to preserve some of the trees, including several specimen trees, on these lots (16, 27-31) before and during residential construction. We believe that the installation and maintenance of tree protection fencing, prior to and during residential construction, is desirable and will not impede construction on the individual lots. We note that the Development Ordinance does not mandate tree protection in association with single-family or duplex construction; however, the applicant has voluntarily agreed to this condition.

We note that the applicant’s plan indicates tree protection in this area. However, we believe that this condition is necessary in order to fully protect the larger trees that are incorrectly labeled.

“That in order to accommodate a 98 foot wide right-of-way for the extension of Weaver Dairy Road, a maximum of eight feet of the Weaver Dairy Road landscape bufferyard may be located on lot 1 and lots 55 through 67.”

A Type “D” landscape bufferyard (minimum 30-foot width) is required along the property’s Weaver Dairy Road frontage. The submitted application proposes that the Homeowners’ Association be deeded a 30-foot Type D bufferyard (Tract B) along the frontage of Weaver Dairy Road. However, in order to accommodate the staff recommendation to increase the right-of-way width for the extension of Weaver Dairy Road to 98 feet (from 90 feet as proposed by the applicant), the applicant is proposing to reduce the bufferyard width controlled by the Homeowners’ Association to 22 feet and providing 8 feet of bufferyard on individual lots.

Staff Comment: We believe that in this case, the encroachment of an 8-foot wide landscape bufferyard on individual lots adjacent to Weaver Dairy Road is appropriate. We anticipate that due to the proximity of these lots to the future roadway, the developer and lot owner are unlikely to disturb the existing vegetation along the back of these lots. We believe that a landscape planting and maintenance easement on these lots, dedicated to the Homeowners’ Association, would provided additional protect of this vegetation. We believe that the Homeowners’ Association ownership of the 22-foot wide buffer, the landscape easement and individual lot incentive to maintain a landscape buffer would effectively provide a 30-foot wide landscape bufferyard adjacent to Weaver Dairy Road.

“That the final plat dedicate and deed Tract “A” and Tract “C” to the Town of Chapel Hill for parks and recreation purposes.”

The minimum recreational area requirement for this proposed Cluster Development is 5.03 acres.

The applicant proposed to fulfill the recreation requirements by deeding to the Town about 9.2 acres for greenway use.

Staff Comment: This site, which is located in the Booker Creek Watershed, is referenced in the Chapel Hill Greenways Comprehensive Master Plan. Two recommended greenway improvements of the Master Plan are identified on this site. In response to the Greenways Master Plan, the applicant is proposing to deed to the Town a 2.8-acre tract of land for a future “Rail Trail” and a 6.4-acre parcel of land for a connection between the Upper Booker Creek Trail and the Greene Tract. We believe that the proposal to deed this acreage to the Town be considered adequate to satisfy the recreational area requirements for this development.

“That Worsham Drive shall be constructed with side slopes not exceeding 5% in order to accommodate the future Upper Booker Creek Greenway street crossing.”

One recommended greenway improvement identified on this site is the Upper Booker Creek Greenway connection to the Greene Tract. The Greenway Master Plan recommends that this greenway follow a minor stream located in the center of the applicant’s property.

Staff Comment: We note that the applicant is not proposing to construct this greenway improvement as part of this development. As noted in the Chapel Hill Greenways Comprehensive Master Plan, the Town of Chapel Hill would be responsible for the construction of this greenway.

It appears that this future greenway connection to the Greene Tract may intersect the proposed Worsham Drive. We believe that the overall land disturbance associated with the construction of this roadway and future construction of the greenway would be minimized if Worsham Drive is designed and constructed with side slopes not exceeding 5%.

This staff recommendation, Resolution A, incorporates input from all Town departments involved in review of the application.

Recommendations are summarized below. Please see summaries of board actions and recommendations in the attachments.

Planning Board’s Recommendation: The Planning Board reviewed this subdivision application on June 6, 2000, and voted 7-0 to recommend that the Council approve the application with adoption of Resolution B. The Planning Board recommended that if the Town Manager approves a phasing plan for this development, each phase not be required to comply individually with Section 13.11 (Major Subdivision and Planned Development-Housing Floor Area Restrictions) of the Development Ordinance. The Board also recommended that the applicant construct one-half of Weaver Dairy Road (eastern half), from the northern property line of this site to the proposed intersection with Fulton Way as proposed by the applicant. Please see the attached Summary of Planning Board Action.

Transportation Board’s Recommendation: The Transportation Board reviewed this subdivision application on June 6, 2000, and voted 4-1 to recommended that the Council approve the application with adoption of Resolution C. The Transportation Board recommended that Weaver Dairy Road be constructed to a full cross section through the entire site. Please see the attached Summary of Transportation Board Action.

Parks and Recreation Commission’s Recommendation: The Parks and Recreation Commission reviewed this subdivision application on May 17, 2000, and voted 6-0 to recommend that the Council approve the application with conditions. We note that Resolutions A, B, and C incorporate the Parks and Recreation Commission’s recommendations. Please see the attached memorandum of Parks and Recreation Commission action.

Greenways Commission’s Recommendation: The Greenways Commission reviewed this subdivision application on May 10, 2000, and voted 6-0 to recommend that the Council approve the application with conditions. We note that Resolutions A, B, and C incorporate the Greenways Commission’s recommendations. Please see the attached memorandum of Greenways Commission action.

Bicycle and Pedestrian’s Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this subdivision application on June 13, 2000. We will provide the recommendation of this board as soon as it is available.

Manager’s Preliminary Recommendation: That the Council approve the Preliminary Plat application with the conditions listed in Resolution A. Resolution A authorizes a Cluster Development and recommends that Weaver Dairy Road be constructed to a one-half cross section through the entire site. Resolution A also recommends that if the Town Manager approves a phasing plan for this development, each phase must comply individually with Section 13.11 of the Development Ordinance (“Major Subdivision and Planned Development-Housing Floor Area Restrictions”).

11. Summary of Key Differences Between Legislative and Quasi-Judicial Zoning Decisions

SUBJECT: Public Hearing: Parkside II Cluster Subdivision - Application for Preliminary Plat Approval (File No. 24..17)

We have received and reviewed a request for Preliminary Plat approval of the Parkside II Cluster Subdivision located west of Airport Road and north of Homestead Road. The proposed 67-lot subdivision is located on a 32-acre tract of land immediately west of the existing Parkside I subdivision, northwest of the new Homestead Community Park and south of the Northwoods V Phase 2 Subdivision. The University Branch Southern Railroad is adjacent to the western boundary of the site.

The proposed development includes an extension of Weaver Dairy Road from the Northwoods V Subdivision. A total of 10.1 acres of open space is proposed for this subdivision and includes a greenway corridor adjacent to the railroad right-of-way, a central open space and a pedestrian connection to the Homestead Community Park. The site is located in a Residential-2 (R-2) zoning district. The site is located in Orange County, in the Extraterritorial Jurisdiction (ETJ) and outside the Town limits. The site is identified as Chapel Hill Township Tax Map 27, Lot 17.

Attached are the Subdivision Fact Sheet, Traffic Impact Statement Summary, and reduced plans.

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. We note that particular types of two-family dwellings, places of worship, and child day care facilities are permitted uses on lots in the Residential-2 zoning district subject to some restrictions. However, the applicant proposal and subsequent cluster development calculations are based on single-family dwelling use of these proposed lots.

On March 13, 1996, the Town Council approved Parkside I as a 142 lot Cluster Subdivision. Parkside I is located between the proposed Parkside II development and Airport Road. As of this date 132 building permits have been issued for the Parkside I development. Of the 132 permits, 84 Certificates of Occupancy have been issued.

Preliminary Plat approval by the Town Council authorizes the division of land. If the Council approves this preliminary plat, we would expect the lots in this subdivision to be used for construction of single-family homes. However, we note that places of worship and child day care facilities are permitted uses on lots in the Residential-2 zoning district subject to some restrictions.

We have reviewed the application for compliance with the standards of the Development Ordinance and offer the following evaluation:

Existing Conditions: The site is located on 32-acres immediately west of the existing Parkside I subdivision, northwest of the new Homestead Community Park and south of the Northwoods V Phase 2 Subdivision. The University Branch Southern Railroad is adjacent to the western boundary of the site. The southern property line is adjacent to a 52-acre tract that fronts on Homestead Road.

Currently, the only direct public vehicular access to the site is from a newly constructed Parkside

I residential street (Palafox Drive), which abuts this property on the eastern property line.

The 32-acre tract slopes from the north, west and south toward the center of the site. Near the center, the property is bisected by a small drainage way, which crosses the site in an easterly direction. The creek, which resembles more of a ditch, drains most of this site and flows into the Parkside I development. This drainage feature is identified as a minor tributary to Booker Creek and joins the northern Branch of Booker Creek in the Parkside I development. There is Resource Conservation District along the entire length of this creek.

Near the southwest corner of the site, along the property line is a natural spring, which drains towards the south. There is Resource Conservation District associated with this spring.

The site currently contains a forest of mature pines (Loblolly) and large hardwoods including Tulip Poplar, Beech, Sweetgum, Red, White and Willow Oak, Hickory and Maples. Scattered numerous rock outcroppings also cover portions of the site.

Except for two notable specimen White Oak trees near the center of the site, most of the identified significant trees are in a row near the southeast corner of the site. .

The site contains land slopes of less than 10 percent, and some small-scattered pockets with slopes of 10 to 15 percent. Three concentrated areas have slopes of 10 to 25 percent.

A 68-foot wide Duke Power Company easement diagonally crosses the property from northwest corner to the east property line. Two electrical distribution towers are located within this easement.

A portion of Homestead Community Park is adjacent on the east. Located near the southeast corner of the site, the Park shares a 500-foot common boundary line with this proposed development. Park improvements in this area include the existing skateboard park and will soon include a batting cage. The edge of the skateboard park is approximately 120 feet southeast of lot 11. The location for the batting cage appears to be between 50 to 180 feet away from lots 11 through 16.

The proposed 67-lot subdivision is located in the Extraterritorial Jurisdiction (ETJ) and outside the Town limits.

Proposed Development: The applicant is proposing 67 single-family lots as a cluster development on this 32.07-acre site. Proposed lots sizes range from 5,905 to 15,759 square feet of gross land area. Twenty-five percent of the lots (lots 11-27) are proposed to meet the floor area standards in Section 13.11 (Major Subdivision and Planned Development-Housing Floor Area Restrictions) of the Development Ordinance.

This proposal includes the dedication of right-of-way for the extension of Weaver Dairy Road, from the existing Northwoods V Phase 2 development to the southern edge of this site. Although the applicant is proposing to dedicate right-of–way through the entire site, the proposal does not include the complete construction of Weaver Dairy Road through the site. The site plan proposes to construct a 500-foot long, two-lane roadway, without a sidewalk or bike lane, from the Northwoods development to the proposed intersection of Fulton Way.

Four vehicular access points are proposed for this development. One access point is proposed from the existing Parkside I development through Palafox Drive. Two future access points are proposed from the extension of Weaver Dairy Road (intersections of proposed Fulton Road and Laurens Way). The fourth access point is proposed to the adjacent property to the south by way of a road stub out (Christine Court).

Several open space areas for a total of 10.10 acres, are proposed, including provisions for future Booker Creek greenway trails segments, a landscape buffer along Weaver Dairy Road and a pedestrian connection to Homestead Community Park.

The largest open space area (Tract C) is a centrally located parcel containing 6.3-acres. This parcel includes the previously mentioned minor tributary to Booker Creek and a portion (approximately 1.5 acres) of the Duke Power Company easement. The Town’s Greenway Master Plan proposes a future greenway connection between the Greene Tract and the Booker Creek greenway system in this area. The applicant is proposing to deed this 6.3 -acre parcel to the Town of Chapel Hill in order to satisfy the recreational requirements of the Development Ordinance.

Proposed subdivision improvements and land disturbance in Tract C include construction of sanitary sewer lines, and two erosion control sediment basins.

The second open space area (Tract A) is a 2.8-acre parcel proposed between the University Branch Southern Railroad and the extension of Weaver Dairy Road. This parcel also includes a portion (13,640 square feet) of the Duke Power Company easement. The natural spring mentioned previously is located at the southern end of this parcel. The Town’s Greenway Master Plan proposes a future Rail Trail connection along the Southern Railroad in this parcel. The applicant is proposing to deed this 2.8-acre parcel to the Town of Chapel Hill in order to satisfy the recreational requirements of the Development Ordinance.

No land land-disturbing activities associated with this subdivision are proposed within Tract A.

Two smaller open space areas include a 30-foot wide landscape buffer (37,380 square feet) along Weaver Dairy Road (Tract B) and a pedestrian connection to the Homestead Community Park (Tract D). The applicant is proposing that both areas be deeded to and maintained by a Homeowners’ Association.

Cluster Development: The property is zoned Residential-2 (R-2) and applicant proposes a cluster development, in accordance with Subsection 17.8.2 of the Development Ordinance.

Cluster developments, allow modification of lot size standards; individual lots may be smaller (5,500 square feet vs. 10,000/21,780 square feet in the R-2 zoning district) as long as the sum of reductions in lot area are added to recreation area for the benefit of all residents of the cluster development. The recreation area is increased and the intensity of development is controlled. With approval of a cluster development, setback requirements may also be reduced.

The cluster provision allows the developer greater flexibility but does not permit the creation of additional lots (and so the overall density is not increased). The Council, on recommendation of the Planning Board, may approve a cluster subdivision in any residential district if it makes the following five (5) findings in accordance with Subsection 17.8.2 of the Development Ordinance:

a. The tract proposed for cluster development is at least two (2) acres in size;

b. Public, separate water supply and sewerage connections are available for every subdivided lot;

c. The total number of lots proposed for the tract, excluding parcels of reserved recreation area, is not greater than the number determined by dividing the total gross land area by the minimum gross land area established in Section 13.11 for that zoning district;

d. The recreation area within the tract shall conform to the recreation area standards of Subsection 17.9 of this article; and

e. The minimum amount of land reserved as recreation area shall be the sum of all reductions in minimum gross land area as a result of the cluster form of development, or the minimum recreation area reservation required in Subsection 17.9.2, whichever is greater.”

The Council, may, if it chooses, make these five findings and approve this proposal as a cluster development.

This proposal complies with Subsection 17.8.2 of the Development Ordinance for single-family residential lots in a cluster development. Each of the 67 proposed lots meets the minimum gross land area, minimum lot width and minimum street frontage requirements for a cluster development in the Residential-2 zoning district. The associated recreation area is provided.

Housing Floor Area Restrictions: This proposal is a Major Subdivision and is subject to Article 13.11 of the Chapel Hill Development Ordinance. The Article is as follows:

“13.11Major Subdivision and Planned Development-Housing Floor Area Restrictions

Major Subdivisions and Planned Development-Housing proposals which create residential building lots shall restrict the floor area of single- and two-family dwelling units in the following manner:

1. For a major subdivision or a Planned Development-Housing proposal with 13-20 single-family or two-family residential lots, at least 15% of the dwelling units shall contain no more than 1,350 square feet of floor area and an additional 10% of the dwelling units shall contain no more than 1,100 square feet of floor area at the time that the units are initially conveyed.

2. For a major subdivision or a Planned Development-Housing proposal with 21 single-family or two-family residential lots or more, at least 15% of the dwelling units shall contain no more than 1,100 square feet of floor area and an additional 10% of the dwelling units shall contain no more than 1,350 square feet of floor area at the time that the units are initially conveyed.

Each lot that is large enough for only a single-family dwelling unit or that is limited by restrictive covenants to development only with a single-family dwelling unit shall be deemed to house one single-family dwelling unit. Each lot that is large enough for a two-family dwelling unit or that is allowed by restrictive covenants to develop with a two-family dwelling shall be deemed to house two dwelling units. The minimum number of size-limited units shall then be determined by multiplying the maximum number of dwelling units permissible within the development proposal as determined herein by the percentage specified above (resulting fractions shall be dropped).

The subdivision preliminary and final plats and the Planned Development-Housing proposals minor subdivision plats shall indicate clearly each lot on which a size-limited unit must be constructed, and the builder, developer and purchaser shall be bound by the limitation.

No Zoning Compliance Permit or Building Permit shall be issued for the construction of any dwelling unit on any lot that has been designated as a lot on which a size-limited unit must be constructed unless the proposed dwelling conforms to the limitation of this section. Notwithstanding the foregoing, this section shall not prevent the purchaser of any size-limited unit, or any successor to such purchaser, from enlarging the dwelling unit at any time following one year after the issuance of the initial Certificate of Occupancy for the unit.

This section shall not apply to any major subdivision or Planned Development proposal that has been approved by the Town Council prior to the effective date of this ordinance.”

Based on the new Ordinance and the site plan as submitted by the applicant, this proposal must provide 17 dwelling units of which at least 10 of the dwelling units shall contain no more than 1,100 square feet of floor area and an additional 7 of the dwelling units shall contain no more than 1,350 square feet of floor area. The submitted site plan identifies lots 11 through 27 as those lots on which a size-limited unit must be constructed. The size limitation must remain in effect for one year following issuance of the initial Certificate of Occupancy for each structure.

We recommend that a stipulation of Resolution A require that a note be placed on the final plans and plats indicating the specific lots and floor area restrictions for each lot on which size limitations are placed.

We also recommend that, if the Town Manager approves a phasing plan for this development, that each phase individually comply with the standards of Section 13.11 and associated floor area restrictions. A condition to that effect has been included in Resolution A.

Access and Circulation: Initial access into the development is proposed to be provided from Palafox Drive in the existing Parkside I Subdivision via Parkside Drive, New Stateside Drive, and Lonebrook Drive (via Weaver Dairy Road). Future access points include two access points from the southern extension of Weaver Dairy Road and one point of access from future development of the adjacent site to the south.

Except for Camille Court and the cul-de-sac at the north end of Palafox Drive, we recommend that sidewalks be provided on at least one side of all internal streets proposed. A stipulation to that effect has been included in Resolution A, B and C.

Traffic Impact: The applicant submitted a traffic impact study with this proposal, which estimates the traffic impacts on nearby roadways and intersections. We note that the study was prepared based on the assumption that the development would include 72 single-family lots. In addition, the study assumed no vehicular connections from Weaver Dairy Road or from the south. The study used Palafox Drive as the only street connection to the site.

Since the study was prepared, the subdivision plans have been revised. The current plans indicate 67 lots.

The study area for the traffic impact analysis included the following intersections:

The summary of the Traffic Impact Statement notes that the projected traffic impacts of this proposed development do not warrant roadway or signalization improvements at the three studied intersections. We agree with this finding.

Weaver Dairy Road Extension: The Town’s Comprehensive Plan identifies this site as being within a proposed corridor for the extension of Weaver Dairy Road. As shown in the Comprehensive Plan, the potential future western extension of Weaver Dairy Road is located between its current intersection at NC 86 and Homestead Road.

Weaver Dairy Road currently extends westward from NC 86 into the Northwoods V Subdivision. We note that the continued extension of Weaver Dairy Road, through the Northwoods development, is currently under construction and will eventually terminate adjacent to the northern property line of the proposed development. Based on recent conversations with the developer of Northwoods, we anticipate that the extension of this segment of roadway to the common property line will be completed within the immediate future.

The Town’s design standards indicate that Weaver Dairy Road, through this proposed development site, should be within a 98 foot right-of-way and include curb and gutter, four 12foot wide travel lanes, two 4-foot wide on-street bicycle lanes, two 5-foot wide sidewalks, two 3-foot wide planting strips separating the sidewalk and on-street bicycle lanes and a 16 foot wide landscape center median.

We note that the proposed site plan does not include the construction of Weaver Dairy Road through the site as described above. As submitted, the site plan includes the dedication of a 90-foot right-of-way through the site and construction of a short segment of a two-lane roadway from the Northwoods development to the intersection of Fulton Way.

We believe that the connection of the proposed subdivision street network, including Fulton Way and Laurens Way, to a portion of the extension of Weaver Dairy Road, is necessary to provide efficient public services to this development, the immediate neighborhoods and the general area.

We believe that the full length of Weaver Dairy Road (at least two lanes, curb and gutter, a bike lane and sidewalk) through this entire property is needed in order to provide full and adequate access to the proposed lots. We believe that construction of this two-lane roadway segment for the full length of this property would satisfy the requirement of Section 17.7 (Design of Subdivision) of the Development Ordinance which calls for street construction to be sized and located in conformity with the Comprehensive Plan.

We recommend that the applicant be required to dedicate 98 feet of right-of-way for the extension of Weaver Dairy Road through the site. We also recommend that the applicant be required to construct one-half (eastern half) of the Weaver Dairy Road cross section through the site. We recommend the construction include curb and gutter on both sides of the cross-section, two 12-foot wide travel lanes, a 4-foot wide bike lane, a 3-foot planter strip and a 5-foot wide sidewalk. We recommend that the final right-of-way width extend at least one foot beyond the edge of the sidewalk.

We recommend that any clearing and grading into the adjacent Type B landscape buffer area be replanted. We recommend that the final plans include detail information on the grading associated with this construction as it impacts the landscape bufferyard.

Watershed Protection District: This property is not within the Town's Watershed Protection District and, therefore, is not required to comply with either the low-density or high-density options of the Development Ordinance.

Recreation Area: The Development Ordinance requires that a certain percentage of subdivision land be set aside for recreation area for the residents. Because this development is proposed as a cluster development, which allows for reduction in lot sizes, the sum of the reduction in the required lot sizes must be added to the Residential-2 recreation area requirement in order to determine the minimum recreation area required.

The minimum recreation area requirement in the Residential-2 zoning district for this development, without including the additional recreational area associated with a cluster development, is 3.91 acres. The additional recreational area required with the proposed cluster development is 1.12 acres. Therefore, the minimum recreational area requirement for this proposed cluster development is 5.03 acres.

The Development Ordinance states that the recreation area must be centrally located and of a character, shape, and location suitable for use as a playground, playfield, or other recreation purpose, unless the recreation area is suitable for use in the Town’s overall greenway scheme, in which case there is an exemption allowed from the “high and dry” rule.

The applicant proposed to fulfill the recreation requirements by deeding to the Town about 9.2 acres for greenway use (see section below on Booker Creek Greenway).

The applicant is also proposing that a 20-foot open space (Tract D) be provided between Christine Court and Homestead Park south of lot 11. The applicant is proposing that this area be deeded to the Homeowners’ Association. We believe that a pedestrian connection between Christine Court and Homestead Park is desirable.

The Parks and Recreation Commission has reviewed the subdivision application and voted unanimously (7-0) to recommend approval of the proposed recreation area with the following conditions:

1. That the applicant grant the Town an easement over Tract D that would permit:

a. The Town to build and maintain a trail if the Homeowners’ Association fails to do so; and

2. That the applicant provide a maximum 5% slope from both sides of Worsham Drive to accommodate future Greenway crossing.

Please refer to the attached memorandum. These recommendations have been incorporated into Resolution A, B, and C.

Booker Creek Greenway: This site, which is located in the Booker Creek Watershed, is referenced in the Chapel Hill Greenways Comprehensive Master Plan. Two recommended greenway improvements of the Master Plan are identified on this site.

The first potential greenway/trail improvement on this site is a segment of University Branch Southern Railroad “Rail Trail.” Proposed to eventually extend between Chapel Hill High School and the northern limits of the Town’s jurisdiction, development of the “Rail Trail” is identified on either side of the existing railroad right-of-way tracks or within the railway itself if the rail line is abandoned. As previously noted, the western property line of this proposed development is adjacent to the railroad right-of-way.

In response to the “Rail Trail” reference, the applicant is proposing to deed to the Town a 2.8-acre tract of land adjacent to the railroad (Tract A Open Space). The tract, which extends between the applicant’s southern and northern property line, includes all of the applicants shared common property line with the railroad

The applicant’s subdivision proposal does not include land-disturbing activities on Tract A.

This 1,622-foot length of potential linear greenway ranges between 208 feet at its widest segment to a width of 30 feet. We believe that this variable width tract is adequate to accommodate a future greenway trail. However we note that the 30-foot width is the minimum dimension required for constructing a greenway in this location. We recommend that in order to adequately accommodate the construction of the Rail Trail, the land area dedicated for the trail in this area be a minimum 30 feet in width.

The second greenway referenced in the Master Plan on this site is a segment of the Upper Booker Creek Greenway. This east/west greenway connects the Greene Tract to the Booker Creek Greenway (running between Weaver Dairy Road and Homestead Community Park, through Northwoods V and Parkside I). The Greenway Master Plan recommends that this greenway follow the minor stream on the applicant’s property.

The applicant proposes to deed the area along this stream corridor, a 6.4-acre parcel of land (Tract C Open Space), to the Town of Chapel Hill. The parcel extends between the existing open space owned by the Town of Chapel Hill in the Parkside I development and the Weaver Dairy Road extension. Proposed subdivision improvements and land disturbing activities within Tract C include sanitary sewer lines, and two erosion control sediment basins.

The applicant is proposing to deed open space for the location of the east/west greenway and the rail trail, however they are not proposing to construct these improvements as part of this development. As noted in the Chapel Hill Greenways Comprehensive Master Plan, the Town of Chapel Hill would be responsible for the construction of these improvements.

We recommend that the proposed 9.2 acres of greenway land (Tract A and Tract C) for Parkside II be deeded to the Town for greenway and trail use. We recommend that the acreage of Tract A and Tract C, be considered adequate to satisfy the recreational area requirements for this development. This recommendation has been included in Resolution A, B and C.

We also recommend that the applicant provide a maximum 5% slope from both sides of Worsham Drive to accommodate the future Upper Booker Creek Greenway street crossing. This recommendation has been incorporated into Resolution A, B and C.

Please refer to the attached memorandum. These recommendations have been incorporated into Resolution A, B, and C.

Resource Conservation District: There is Resource Conservation District (approximately 3.74 acres) on this site along the centrally located drainage way (Tract C) and surrounding a natural spring at the southwest corner of the site (Tract A). Most of this Resource Conservation District is located in the central open space Tract C that the applicant is proposing to deed to the Town for greenway purposes.

The applicant is proposing land disturbance within the Resource Conservation District. Land disturbance (approximately 30,500 square feet) within the Resource Conservation District includes sanitary sewer lines, and two roadways.

We believe that the applicant is proposing to install approximately 850 linear feet of sanitary sewer line within the Resource Conservation District. We note that Section 5.5.1 of the Development Ordinance lists public utility facilities as a permitted use in the Resource Conservation District where there is a practical necessity to their location within the Resource Conservation District.

We note that in order to construct these public utility facilities within the Resource Conservation District the applicant will have to comply with Section 5.6 (Standards for Development in Resource Conservation District) of the Development Ordinance.

We also note that the proposed construction of Worsham Drive and the construction of Weaver Dairy Road involve crossing the Resource Conservation District. Section 5.5.1 of the Development Ordinance lists streets and bridges as a permitted use in the Resource Conservation District where there is a practical necessity to their location within the Resource Conservation District. Similar to the utility construction within the Resource Conservation District, these public infrastructure improvements within the Resource Conservation District will have to comply with Section 5.6 (Standards for Development in Resource Conservation District) of the Development Ordinance.

We also note that as part of the construction of Worsham Drive, the Parks and Recreation Commission recommended that the applicant be required to provide a maximum 5% slope from both sides of Worsham Drive to accommodate a future Greenway crossing. We believe that this recommendation will involve additional land disturbance in the Resource Conservation District.

We believe that the proposed erosion control sediment basins shown on the submitted site plan are located outside the Resource Conservation District.

In review of final plans for this application we recommend that the applicant demonstrate compliance with sections of the Development Ordinance, which establishes review criteria and design/construction standards for road crossings and utility installations 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 shall be in accordance with Development Ordinance.”

We recommend that all variance necessary for development within the Resource Conservation District be obtained before application for final plat or final plan approval.

We recommend that all required erosion control sediment basins and stormwater improvements, located outside of the public right-of-way, including associated clearing and grading be located entirely outside of the Resource Conservation District.

Steep Slopes: Subsection 14.4.2 (Site Design) of the Development Ordinance addressed 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.

This site contains land slopes of less than 10 percent and small-scattered pockets with land slopes of 10 to 15 percent. The remainder of the site includes three concentrated areas with slopes of 10 to 25 percent.

We recommend that a steep slopes plan be developed for this property during the final plan review. We have included a stipulation to this effect in Resolution A, B and C.

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

· Type D landscape bufferyard (minimum 30-foot width) along the property’s Weaver Dairy Road frontage; and

· Type C landscape bufferyard (minimum 20-foot width) along the property’s boundary with the Homestead Community Park.

The developer is proposing a 30-foot Type D bufferyard (Tract B) along the frontage of Weaver Dairy Road to be deeded to the Homeowners’ Association. However, we note that in order to provide adequate right-of-way width for the extension of Weaver Dairy Road, a maximum of eight feet of this landscape buffer may encroach into the western 8 feet of lot 1 and lots 55 through 67. We believe this is appropriate.

Accordingly, we recommend that at least a 22-foot wide portion of the landscape bufferyard, adjacent to the proposed Weaver Dairy Road extension, not be part of individual lots but be part of land owned and controlled by the Homeowners’ Association. A deed granting ownership of the 22-foot wide landscape bufferyard to the Homeowners’ Association must be recorded, concurrently with the final plat, at the Orange County Register of Deeds.

We also recommend that a landscape planting and maintenance easement shall be dedicated to the Homeowners’ Association for 8-feet of the Weaver Dairy Road landscape bufferyard proposed on individual lots. No vegetation may be removed from the easement without approval by the Homeowners’ Association.

We anticipate that construction of Weaver Dairy Road will require disturbance of portions of the Weaver Dairy Road buffer. Existing vegetation may be used, partially or wholly, to fulfill the bufferyard planting requirements, where deemed sufficient by the Town Manager.

Regarding the required buffer adjacent to Homestead Community Park, we note that the approved Special Use Permit for the Homestead Community Park site stipulated a 20-foot wide Type C landscape bufferyard along the Park’s property line with this development. When a buffer meeting the requirements of a proposed development is provided on an adjacent zoning lot, the screening and/or land within that buffer may be counted as contributing to the total buffer required between the adjacent existing land use and the proposed land use. We believe that the bufferyard on the Park site satisfies the bufferyard requirement of this development.

Regarding tree protection, two specimen trees are located near the center of the site (east of lot 43 and west of lot 62). The remaining significant trees are clustered near lots 16, and lots 27-31.

We note that some of these trees will be removed with the construction of Camille Court and Christine Court. Due to the size of these lots, we anticipate that most the remaining trees in this vicinity will not survive the impacts of residential construction without additional protection.

We believe an opportunity exists to preserve some of these trees before and during residential construction. We recommend that the tree protection fencing as shown on proposed lots 16, 27, 28, and 30, remain in place during residential construction activities. We also recommend that tree protection fencing be installed around the 34-dbh inch Red Oak on proposed lot 31 and remain in place during residential construction activities on this lot.

We recommend that the tree protection fence shall be installed at a distance from the base of the tree equal to at least one foot per dbh.

Stormwater Management: Stormwater runoff from this site is proposed to be collected into a series of underground stormwater drainage pipes. The discharge from this system is directed towards the center of the site. This discharge eventually flows into the existing drainage way. The applicant is not proposing a stormwater detention or retention basin for this development.

We recommend that a Stormwater Management Plan be submitted to the Town Manager for review and approval prior to issuance of a Zoning Compliance Permit. We recommend that all stormwater management improvements outside public right-of-way, be located within dedicated maintenance easements.

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

Fire and 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.

Refuse Collection: Refuse collection would be provided by the Town upon annexation. A solid waste management plan, including provisions for recycling, should be submitted for review and approval prior to issuance of a Zoning Compliance Permit.

We note that some lots may be located on steep slopes. We recommend that a note be added to the final plat and plans, indicating that, if necessary, depending on the location of the house, some of the lots, due to steep slopes, may require curbside refuse collection.

Utilities: Local utility companies have indicated that they can serve the site. We recommend that OWASA review and approve the final plans and plat. We recommend that the final utility/lighting plans be approved by OWASA, Duke Power Company, Time Warner Cable, Public Service Company, BellSouth, and the Town Manager before issuance of a Zoning Compliance Permit.

Erosion Control: We recommend that an Erosion Control Plan be submitted to and approved by the Orange County Erosion Control Supervisor prior to issuance of a Zoning Compliance Permit.

We recommend that all required erosion control sediment basins including associated clearing and grading be located entirely outside of the Resource Conservation District.

We believe the proposal, if developed in accordance with the stipulations in Resolution A, B, or C would meet or exceed all stated requirements in the Development Ordinance.

* Chapel Hill Transportation Plan calls for the Weaver Dairy Road corridor through this site.

** Guidelines in the Design Manual suggest that more than one means of access is desirable with 25 or more lots.

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR PARKSIDE II CLUSTER SUBDIVISION (File # 24..17)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Parkside II Cluster Subdivision, proposed by M/I Homes Inc., on the property identified as Chapel Hill Township Tax Map 24, Lot 17, if developed according to the preliminary site plan dated December 7, 1999, revised May 31, 2000 and the conditions listed below, would comply with the provisions of the Development Ordinance and specifically with the following cluster development requirements from Subsection 17.8.2 of the Development Ordinance:

1. The tract proposed for cluster development is at least two (2) acres in size;

2. Public, separate water supply and sewerage connections are available for every subdivided lot;

3. The total number of lots proposed for the tract, excluding parcels of reserved recreation area, is not greater than the number determined by dividing the total gross land area by the minimum gross land area established in Section 13.11 for that zoning district;

4. The recreation area within the tract shall conform to the recreation area standards of Subsection 17.9 of this article; and

5. The minimum amount of land reserved as recreation area shall be the sum of all reductions in minimum gross land area as a result of the cluster form of development, combined with the minimum recreation area reservation required in Subsection 17.9.7.

2. Floor Area Restrictions: That the provisions of Section 13.11, “Major Subdivision and Planned Development-Housing floor Area Restrictions” shall apply to this development. That the final plans and plats shall indicate the specific lots on which size limitations are placed.

3. Floor Area Restrictions and Phasing Plans: That if the Town Manager approves a phasing plan for this development, the phasing plan must address the mixed-housing provisions of Section 13.11 of the Development Ordinance in each phase.

4. Residential Construction and Tree Protection: That the tree protection fencing as shown on proposed lots 16, 27, 28, and 30, shall remain in place during residential construction activities. That tree protection fencing shall be installed around the 34 dbh inch Red Oak on proposed lot 31 and shall remain in place during residential construction activities on same lot. That the tree protection fence on these lots shall be installed at a distance from the base of the tree equal to at least one foot per dbh.

5. Homestead Park: Note on Plat: That the final plat shall include a note indicting that public park facilities (including lighted playing fields, skateboard park, batting cage and a community center) are located and/or proposed near the southeast boundary of the site.

6. Weaver Dairy Road Right-of-Way Dedication: That the applicant dedicate 98 feet of right-of-way for the extension of Weaver Dairy Road from the Northwood V Phase 2 development to the edge of the southern property line. That the final right-of-way width shall extend at least one foot beyond the edge of the sidewalk.

7. Weaver Dairy Road Improvements: That one-half of Weaver Dairy Road (eastern half), extending from the northern to southern property line of this site be constructed to a 32 foot wide cross-section from back-of-curb to back-of-curb, including curb and gutter, two 12 foot wide travel lanes, a 4-foot wide bike lane, a 3-foot planter strip and a 5-foot wide paved sidewalk.

8. Direct Access Prohibited: That direct auto access be prohibited from Weaver Dairy Road for those lots abutting the Weaver Dairy Road right-of-way and that an access prohibition easement be included on the final plat.

9. Internal Streets/Sidewalks: That all internal streets be built to Town standard. That all internal streets be constructed in a 27 foot cross section within a 50 foot right-of-way. That except for Camille Court and the cul-de-sac at the north end of Palafox Drive, sidewalks shall be provided on at least one side of all internal streets.

10. Minimum Recreation Area: That a minimum of approximately 9.2 acres of recreational area shall be provided for this development.

11. Dedication of Recreation Areas: That the final plat dedicate and deed Tract “A” and Tract “C” to the Town of Chapel Hill for Parks and Recreation purposes. That the applicant remains responsible for this are until the Town accepts the property.

That any deed restrictions placed on any recreation area to be dedicated to the Town shall not interfere with the ability of the Town to construct trails, provide public pedestrian/non-motorized vehicle/motorized wheelchair access, or provide maintenance services.

12. Booker Creek Greenway - Worsham Drive Intersection: That Worsham Drive shall be constructed with side slopes not exceeding 5% in order to accommodate the future Upper Booker Creek Greenway street crossing.

13. Access Easement to Homestead Park: That a 20-foot wide pedestrian access easement be provided between Christine Court and Homestead Park. That an access easement (Tract “D” Open Space) shall be recorded, concurrently with the final plat, at the Orange County Register of Deeds and shall grant an easement in perpetuity to the Town of Chapel Hill. That the recorded easement shall include wording that guarantees public pedestrian, non-motorized vehicle, and motorized wheel chair access. That the easement guarantee the Town of Chapel Hill’s right to construct and maintain a trail, allow for access of emergency vehicles, signage, removal of dangerous or diseased vegetation, or any other function necessary to guarantee public safety.

14. Ownership of Pedestrian Access Area: That the pedestrian access to Homestead Park not be part of individual lots but are part of land owned and controlled by the Homeowners’ Association. That a deed granting ownership of the pedestrian access area to the Homeowners’ Association shall be recorded, concurrently with the final plat, at the Orange County Register of Deeds.

15. 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 Development Ordinance.”

16. 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.

17. 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.

18. Construction Standards: That for encroachment(s) into the Resource Conservation District, the requirements and standards of subsections 5.6 and 5.8 of the Development Ordinance and all other applicable Resource Conservation District regulations must be adhered to, unless the application is granted administrative exemptions from sub-section 5.8.

That all required erosion control sediment basins and stormwater improvements, outside the public right-of-way, including associated clearing and grading be located entirely outside of the Resource Conservation District

19. 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 the Development Ordinance:

· for slopes of 10 - 15%, site preparation techniques shall be used which minimize grading and site disturbance;

· for slopes of 15 - 25%, demonstrate specialized site design techniques and approaches for building and site preparation; and

· for slopes of 25% or greater, provide a detailed site analysis of soil conditions, hydrology, bedrock conditions, and other engineering or environmental aspects of the site.

Each Final Plan application shall demonstrate compliance with the steep slopes regulations in the Development Ordinance. The Town Manager shall decide if the proposed building and site engineering techniques are appropriate. That a note be included on the Final Plans and recorded on the final plat indicating that curbside refuse collection may be required for lots with steep slopes. These restrictions shall be referenced in the Homeowners’ Association documents.

20. 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 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.

21. Required Landscape Bufferyard: That a Type D landscape bufferyard (minimum 30-foot width) be provided along the property’s Weaver Dairy Road frontage. That at least a 22 foot wide portion of the landscape bufferyard, adjacent to the proposed Weaver Dairy Road extension, shall not be part of individual lots but shall be part of land owned and controlled by the Homeowners’ Association. That a deed granting ownership of the 22 foot wide landscape bufferyard to the Homeowners’ Association shall be recorded, concurrently with the final plat, at the Orange County Register of Deeds.

22. Landscape Bufferyard Located on Individual Lots: That in order to accommodate a 98 foot wide right-of-way for the extension of Weaver Dairy Road, a maximum of eight feet of the Weaver Dairy Road landscape buffer may be located on lot 1 and lots 55 through 67.

23. Landscape Easement: That a landscape planting and maintenance easement shall be dedicated to the Homeowners’ Association for any portion of the Weaver Dairy Road landscape bufferyard proposed on individual lots. No vegetation may be removed from the easement without approval by the Homeowners’ Association.

24. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The Landscape Protection Plan shall include fencing between infrastructure construction and existing vegetation to be retained in the following locations:

· As required during residential construction on proposed lots 16, 27, 28, 30, and 31.

That all tree protection fencing shall be installed at a distance from the base of the tree equal to at least one foot per dbh

25. 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.

26. 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 approval.

27. Placement of Utility Lines Underground: That the final plans indicate that all utility lines shall be placed underground.

28. Fire Flow: That a fire flow report, prepared by a registered professional engineer, and showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.

29. Stormwater Management Plan: That a Stormwater Management Plan be submitted to the Town Manager for review and approval prior to issuance of a Zoning Compliance Permit. That all stormwater management improvements, including those within the Resource Conservation District, shall be located within dedicated maintenance easements.

30. Solid Waste Management Plan: That a Solid Waste Management Plan, and a plan for managing and minimizing construction debris, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

31. 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.

32. 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.

33. Plant Rescue: That the applicant consider conducting plant rescue activities on the site prior to initiation of development activity.

34. Certificates of Occupancy: That no Certificates of Occupancy 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.

35. 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.

That a performance guarantee be provided in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.

36. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

37. Street Stubout Signage: That a sign, reading “Roadway subject to future extension” will be posted at each roadway stubout.

38. 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.

39. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number, the contractor’s representative, with a phone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.

40. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

41. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Preliminary Plat for the Parkside II Cluster Subdivision in accordance with the plans and conditions listed above.

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR PARKSIDE II CLUSTER SUBDIVISION (File # 24..17)

1. The tract proposed for cluster development is at least two (2) acres in size;

2. Public, separate water supply and sewerage connections are available for every subdivided lot;

4. The recreation area within the tract shall conform to the recreation area standards of Subsection 17.9 of this article; and

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for Preliminary Plat for Parkside II Cluster Subdivision in accordance with the plans listed above and the conditions listed below:

Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulated below.

Floor Area Restrictions and Phasing: That if the Town Manager approves a phasing plan for this development, each phase not be required to comply individually with the standards of Section 13.11 and associated floor area restrictions.

Weaver Dairy Road Improvements: That one-half of Weaver Dairy Road (eastern half), extending from the northern property line of this site to the proposed intersection with Fulton Way be constructed to a 32 foot wide cross-section from back-of-curb to back-of-curb, including curb and gutter, two 12 foot wide travel lanes, a 4-foot wide bike lane, a 3-foot planter strip and a 5-foot wide paved sidewalk.

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR PARKSIDE II CLUSTER SUBDIVISION (File # 24..17)

1. The tract proposed for cluster development is at least two (2) acres in size;

2. Public, separate water supply and sewerage connections are available for every subdivided lot;

4. The recreation area within the tract shall conform to the recreation area standards of Subsection 17.9 of this article; and

Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulated below.

Weaver Dairy Road Improvements: That Weaver Dairy Road be constructed though the entire site to an 80 foot wide cross-section from back-of-curb to back-of-curb, including curb and gutter, four 12 foot wide travel lanes, two 4-foot wide bike lanes, two 3-foot wide planter strips, 2 five-foot wide paved sidewalks and a 16-foot wide median

A RESOLUTION DENYING AN APPLICATION FOR A PRELIMINARY PLAT FOR PARKSIDE II CLUSTER SUBDIVISION (File # 24..17)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it fails to find that the Parkside II Cluster Subdivision, proposed by M/I Homes Inc., on the property identified as Chapel Hill Township Tax Map 24, Lot 17, if developed according to the preliminary site plan dated December 7, 1999, revised May 31, 2000 and the conditions listed below, would comply with the provisions of the Development Ordinance and specifically with the following cluster development requirements from Subsection 17.8.2 of the Development Ordinance for the following reasons:

BE IT FURTHER RESOLVED that the Council hereby denies the application for Preliminary Plat Approval for the Parkside II Cluster Subdivision.

STAFF EVALUATION

PARKSIDE II

COMPLIANCE

NON

COMPLIANCE

PARKSIDE II

COMPLIANCE

NON

COMPLIANCE