AGENDA #8

MEMORANDUM

TO:                  Mayor and Town Council

From:            W. Calvin Horton, Town Manager

Subject: Parkside II Cluster Subdivision - Application for Preliminary Plat Approval

(File No.  24..17)

Date:             July 5, 2000

Introduction

Adoption of the attached Resolution A would authorize a 67-lot cluster subdivision on 32 acres located north of Homestead Road between the Parkside I Subdivision and the University Branch Southern Railroad.

BACKGROUND

A Public Hearing was held on June 19, 2000 for consideration of this cluster subdivision application.  The June 19, 2000 Manager’s Memorandum with attachments accompanies this memorandum.

PROCESS

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 on June 19^th we submitted our report and recommendation to the Council.

We note that review of subdivision proposals differs from review of Special Use Permits in that the question of compliance with regulations and standards is the basis for approval or denial, rather than the four findings of fact listed in 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 and attached to the June 19^th Public Hearing Memorandum. 

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.”

Cluster development authorization is a discretionary decision by the Council.

If, after consideration of the evidence presented at the June 19^th Public Hearing and additional evidence submitted this evening, the Council decides that the application meets all the Development Ordinance requirements, the Ordinance directs that 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.

Although the primary purpose of tonight’s meeting is to receive staff and applicant responses to the questions raised during the June 19^th Public Hearing, we note that further evidence may be submitted this evening.

EVALUATION OF THE APPLICATION

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 with 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.

KEY ISSUES

We believe that the key issues brought forth during the June 19 Public Hearing were: the construction of Weaver Dairy Road; phased development and the mixed-housing provisions of Section 13.11; and greenway construction.  We have provided additional information on these issues below.

Weaver Dairy Road Construction:  We recommended on June 19 that a condition of approval be that the applicant construct one-half of Weaver Dairy Road (eastern half), extending from the northern to southern property line to a Town standard detail for an arterial street with raised median (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 landscape median will ultimately separate this northbound section from the southbound section.

The applicant objected to this condition, arguing that the construction of this portion of the roadway, as recommended by staff, was not the responsibility of this developer.  The applicant stated that the traffic generated by the proposed development did not justify nor require the construction of Weaver Dairy Road beyond the proposed intersection with Fulton Way.  The applicant stated that the construction of Weaver Dairy Road, beyond Fulton Way, is an improvement that benefits the community and therefore should be an improvement undertaken by the community and not this applicant.

Subsequent to the Public Hearing on June 19, we met with the applicant to discuss timing and phasing of construction.  Based on these discussions, the applicant has greed to construct two lanes of Weaver Dairy Road, with sidewalks, curb and gutter, and bike lane for the full length of this property, as recommended by the Manager. 

Please refer to the attached letter from the applicant (Attachment L).

Staff Comment: We believe that the applicant’s proposal to construct Weaver Dairy Road as outlined in revised proposal, Attachment L, is reasonable.

We recommend that a surety instrument, guaranteeing the construction of ½ of the cross-section of Weaver Dairy Road through the entire site, be posted with the Town prior to recordation of the plat for the first phase.  We recommend that the surety instrument include a final expiration date of January 2004.

We also recommend that the recordation of the phase one plat include dedication of the entire Weaver Dairy Road right-of-way.

Floor Area Restrictions and Phasing Plans:  At the Public Hearing we recommended that if a Phasing Plan is proposed, each phase must address the new house floor area restrictions of the Development Ordinance.  We recommended this condition because the new house floor area limits, as required by Section 13.11 of the Development Ordinance, are a necessary part of the subdivision.  We believed that if this requirement were to be delayed until the end of a developer’s program, there would be the possibility that the requirement would not be met because of the uncertainty regarding completion of subsequent phases.

At the June 19, Public Hearing the applicant objected to this recommendation.  The applicant indicated that if the Council approves the development with the mixed-housing phasing requirement, then the applicant would not phase the development.  

Staff Comment:  As noted above we originally recommended the phasing plan provision, realizing a possibility that the requirement to provided for mixed-housing would not be met because of the uncertainty regarding completion of subsequent phases.   We believe that with the applicant’s agreement to construct Weaver Dairy Road, including stipulations requiring timing and phasing for the construction of Weaver Dairy Road, concerns about completion of subsequent phases are adequately addressed.

We believe that the financial commitment associated with the improvement to Weaver Dairy Road will guarantee that entire development of residential lots is platted.  Accordingly we recommend not requiring that individual phases address the new house floor area restrictions of Section 13.11.

Greenway Construction:  This site is located in the Booker Creek Watershed and is referenced in the Chapel Hill Greenways Comprehensive Master Plan.  Two recommended greenway improvements of the Master Plan (segments of the Rail Trail and Booker Creek Greenway) are identified on this site.  In response to the referenced greenway improvements the applicant is proposing to deed to the Town two parcels of land totaling 9.3 acres for greenway and trail use.  The submitted application for this proposed development does not include the construction of these greenways.

At the Public Hearing several Council members suggested, as a stipulated condition of approval, that the applicant construct the portion of the Booker Creek Greenway trail on this site.  The applicant, at the Public Hearing, stated objection to this proposed stipulation.  The applicant stated that he is willing to deed the open space for the future construction of the greenway and trail, however he is not willing to construction the greenway. 

Staff Comment: We believe that the Council could determine that the dedication of open space by the applicant is appropriate and that construction of a portion of the greenway by this applicant is not warranted.  We also believe that the Council might determine that the construction of this greenway by the applicant is warranted.  Our recommendation does not include a requirement for greenway construction.

We cannot offer a cost estimate at this time for full construction of a 10-foot paved standard greenway/bikeway path for this property’s portion of the eventual Booker Creek Greenway.  Detailed engineering would need to be done before any reliable cost estimates could be presented.

We believe that an interim greenway, such as a temporary foot trail, is possible along this Booker Creek Trail corridor.  We note that a trail of this type could be between 2 to 3 feet wide, free of rocks where reasonably possible, somewhat level, cleared and possibly have boardwalks and/or stairs where needed.  We believe that additional improvement could include erosion control bars, where needed, and signage.  We believe that a temporary trail system such as the one described above could be built for $10,000 or less using volunteer labor such as Eagle Scout candidates. 

If the Council determines that greenway construction by the applicant is warranted, we recommend that, prior to the Council action on this application, the Council refer the issue of greenway construction and rational nexus to the staff for a follow-up response in the fall.

We have included responses from the Town Staff to additional questions raised at the Public Hearing (Attachment G).

RECOMMENDATIONS

Board and Staff recommendations are summarized below, and following on page 8 is a chart comparing key differences between the four resolutions of approval.  Please see summaries of board actions and recommendations in the attachments to the Manager’s June 19^th memorandum (attached).  A summary of the Bicycle and Pedestrian Advisory Board recommendation is attached to this memorandum (Attachment I).

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 the 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 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 recommend 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 attached memorandum from the Transportation Board.

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 attached memorandum from the Parks and Recreation Commission. 

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 attached memorandum from the Greenways Commission.

Bicycle and Pedestrian’s Advisory Board Recommendation:  The Bicycle and Pedestrian Advisory Board reviewed this subdivision application on June 13, 2000 and voted 6-0 that the Council approves the application with the adoption of Resolution D.

The Bicycle and Pedestrian Advisory Board 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.  The Board recommended that the Town design standard arterial and the right-of-way width for Weaver Dairy Road be modified.  A chart comparing differences between the Town standard design for an arterial roadway and the Boards recommendation is noted as Attachment H of this memorandum.  An exhibit of the proposed roadway modifications is included as Attachment J.  A copy of the Town standard design detail for an arterial street is included as Attachment K.

The Board recommended that a sidewalk be included on both sides of Worsham Drive.  The Board also recommends that Weaver Dairy Road be constructed without a sidewalk on the west side of the roadway.  Please see Summary from the Pedestrian and Bicycle Advisory Board (Attachment I).

Manager’s Revised 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.

The following revisions to the Manager’s Preliminary Recommendation, presented to the Council on June 19, 2000, are incorporated into the Manager’s Revised Recommendation (attached Resolution A):

·        Deletion of the stipulation requiring individual development phases to comply with the mix-housing floor area restriction;

·        Addition of a stipulation requiring a surety for the construction of Weaver Dairy Road; and

·        Addition of a stipulation requiring dedication of the entire Weaver Dairy Road right-of-way with the phase one `plat. 

Resolution E would refer the application back to the applicant to allow the applicant to make revisions to the site plan in order to address the concerns and issues as expressed by the Council if the Council determines not to approve the proposed cluster subdivision concept and determines not to approved the applicants proposal to deed open space to the Town in lieu of satisfying the recreational land suitability requirements.

Resolution F would deny the application.

SUMMARY CHART

Checklist of Regulations and Standards

Application for Preliminary Plat

       June 19, 2000

N/A = Not Applicable

*   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.

ATTACHMENTS

A.     Resolution A (p. 11 )

B.     Resolution B (p. 18)

C.     Resolution C (p. 20 )

D.     Resolution D (p. 21 )

E.      Resolution E (p. 23)

F.      Resolution F  (p. 24)

G.     List of Questions and Issues raised during the June 19, 2000 Public Hearing and staff     comment  (p. 25)

H.     Comparison of Town Design Standards and Recommendations by the Bicycle and Pedestrian Advisory Board for an Arterial Road (p. 31)

I.        Summary of Bicycle and Pedestrian Advisory Board Action (p. 32)

J.       Exhibit of Bicycle and Pedestrian Board’s Recommendations for Weaver Dairy Road Extension (p. 33)

K.    Town of Chapel Hill Standard Detail Cross Section for an Arterial Street (p. 34)

L.      Applicant’s letter responding to June 19, 2000 Public Hearing (p. 35)

M.   June 19, 2000 Public Hearing Memorandum and Related Attachments (begin new page 1)

RESOLUTION A

(Manager’s Revised Recommendation,

 Parks and Recreation Commission’s Recommendation

 and Greenways Commission’s Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR PARKSIDE II CLUSTER SUBDIVISION (File # 24..17) (2000-07-05/R-9a)

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 June 27, 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.

These findings are based on the following:

Stipulations Specific to the Development

1.      That this approval shall authorize the creation of 67 single-family lots.

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.      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.

4.      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 associated parking area batting cage) are located near the southeast boundary of the site.

Required Improvements

5.      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.  That the entire Weaver Dairy Road right-of-way be dedicated with the recordation of the first plat including residential lots.

6.      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.

7.      Weaver Dairy Road Surety:  That a surety, with an final expiration date of January 2004, guaranteeing the construction of ½ of a cross section of Weaver Dairy Road through the entire site, be posted with the Town prior to recordation of the first plat including residential lots.

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.

Stipulations Related to Recreation Area

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.

That Tract A be no less than 30 feet in width.

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. 

Stipulations Related to Resource Conservation District

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

Stipulations Related to Steep Slopes

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. 

Stipulations Related to Homeowners’ Association

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.

Stipulations Related to Landscape Elements

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:

·        The required landscape bufferyards;

·         The land designated for open space and recreation areas; and

·        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

Stipulations Related to Water, Sewer, and Other Utilities

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.

Miscellaneous Stipulations

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.

This the 5^th  day of July, 2000.

RESOLUTION B

(Planning Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR PARKSIDE II CLUSTER SUBDIVISION (File # 24..17) (2000-07-05/R-9b)

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 June 27, 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.

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:

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

2.      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.

3.      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.

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.

This the 5^th day of July,  2000.

RESOLUTION C

(Transportation Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR PARKSIDE II CLUSTER SUBDIVISION (File # 24..17) (2000-07-05/R-9c)

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 June 27, 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.

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:

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

2.      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

.

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.

This the 5^th day of July,  2000.

RESOLUTION D

(Pedestrian and Bicycle Advisory Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR PARKSIDE II CLUSTER SUBDIVISION (File # 24..17) (2000-07-05/R-9d)

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 June 27, 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.

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:

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

2.      Worsham Drive: That Worsham Drive be constructed in a 27 foot cross section within a 50 foot right-of-way with a sidewalk on both sides of the street.

3.      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 30 foot wide cross-section from back-of-curb to back-of-curb, including 2 foot wide curb and gutter, one 11 foot wide inside travel lane, one 15 foot outside travel lane, a 5-foot planter strip and a 5-foot wide paved sidewalk.

4.      Weaver Dairy Road Design Standard: That the Town design standard for the extension of Weaver Dairy Road through this site be modified as follows shown in the following chart:

*  Width determined by final median width.

.

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.

This the 5th day of July,  2000.

RESOLUTION E

A RESOLUTION REFERING AN APPLICATION FOR A PRELIMINARY PLAT FOR PARKSIDE II CLUSTER SUBDIVISION BACK TO THE APPLICANT

(File # 24..17) (2000-07-05/R-9e)

WHEREAS, the Council of the Town of Chapel Hill, may, if it chooses, approve this proposal as a cluster development; and,

WHEREAS, the Council does not choose to approve the cluster subdivision, known as 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 June 27, 2000; and

WHEREAS, the Council does not find that the proposed development, on 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 June 27, 2000 meets the recreational requirement of the Section 17.9 of the Development Ordinance;

NOW, THEREFORE, BE IT RESOLVED that the Council hereby refers this application for Preliminary Plat Approval for the Parkside II Cluster Subdivision back to the applicant to allow the applicant to make revisions to the site plan in order to address the concerns and issues as expressed by the Council.

This the 5^th day of July, 2000.

RESOLUTION F

A RESOLUTION DENYING AN APPLICATION FOR A PRELIMINARY PLAT FOR PARKSIDE II CLUSTER SUBDIVISION (File # 24..17) (2000-07-05/R-9f)

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 June 27, 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:

(INSERT REASONS FOR DENIAL)

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

This the 5th day of July, 2000.

PARKSIDE II CLUSTER SUBDIVISION

Questions/Issues Raised at the June 19, 2000 Public Hearing

Weaver Dairy Road Standards

1.      At the Public Hearing, a Council member asked about the Bicycle and Pedestrian Advisory Board recommendation to modify the Town’s street standards for Weaver Dairy Road.

Staff Comment:  Upon review of this application, the Bicycle and Pedestrian Advisory Board recommended modifications to the Town’s arterial street design standard for the extension of Weaver Dairy Road in this development. 

Modifications recommended by the Bicycle and Pedestrian Advisory Board include:

·        Shared travel and bicycle lanes (unstriped bicycle lanes);

·        Modification to the standard curb and gutter width;

·        Eliminations of sidewalk and planting strip along the west side of the roadway;

·        Elimination of the standard one foot wide utility easement behind the sidewalk; 

·        Narrower median width; and

·        Reduced right-of-way.

A detailed comparison of the Town design standard and the modifications recommended by the Bicycle and Pedestrian Advisory Board is provided as Attachment I.  Attachment J provides an exhibit of the modified cross section recommended by the Bicycle and Pedestrian Advisory Board.   Attachment K is a page from the Town’s Design Manual for an arterial roadway. 

Although the current Thoroughfare Plan classifies the extension of Weaver Dairy Road, through this site, as an arterial street, we note that street classifications in the Thoroughfare Plan are subject to Council review, modification and approval.  We believe that the Council may, at some time in the future, approve a final design for this section of Weaver Dairy Road, which differs from the designs recommended in the attached Resolutions.

A current example of a possible change in final roadway design involves Weaver Dairy Road east of Airport Road.

The current Transportation Improvement Program describes portions of the extension of Weaver Dairy Road, between Airport Road and US 15-501 as a five-lane facility.    On April 28, 1999, a citizen’s informational workshop, discussing the future plans for Weaver Dairy Road, was held at the Carol Woods Retirement Community.  One outcome of that workshop included NCDOT agreeing to study several roadway options and provide study results to the Town for further consideration.  Options for the Weaver Dairy Road cross-section presented to NCDOT included:

1.      Five-lane curb-and-gutter cross-section with bike lanes and sidewalks on both sides.

2.      Four-lane median divided cross-section with curb-and-gutter, bike lanes, and sidewalks on both sides.

3.      Four-lane curb-and-gutter cross-section with bike lanes and sidewalks on both sides and additional widening at locations to be determined for turn lanes.

4.      Three-lane curb-and-gutter cross-section with bike lanes and sidewalks on both sides.

We anticipate that the staff will be returning to the Council this year with study results and recommendations after completing discussions with the NCDOT and holding an additional public workshop and public forum.  Ultimately, we anticipate that the Council will select, and NCDOT will approve, one of the four roadway designs for the segment of Weaver Dairy Road between Airport Road and US 15-501.

We believe that a similar roadway design review process could occur for the final design of Weaver Dairy Road west of Airport Road.  A segment of Weaver Dairy Road through Northwoods V Subdivision is currently being constructed according to a 1987 cross-section authorized by the Council.

In order for the Council to approve this proposed subdivision, we do not believe that a final decision by Council, on the final Weaver Dairy Road street design, is required at this time.  We believe that the roadway design recommended in Resolution A can be constructed by the applicant and will not preclude the future construction of the four roadway options listed above or the cross-section recommended by the Pedestrian and Bicycle Advisory Board.  We do note however that, “retrofitting” options 1, 3, and 4, to the roadway cross-section recommended by the Manager may involve some additional engineering, and modifications to stormwater infrastructure and roadway pavement.

2.      At the Public Hearing, a Council member wondered why the Weaver Dairy Road median width in the adjacent development to the north (Northwoods V) is 13-feet wide and the staff is recommending a 16-foot wide median for this development.

Staff Comment: The Town Council authorized the extension of Weaver Dairy Road, through the Northwoods V development, in 1987.  At that time the Town’s Design Manual did not specify roadway standards for arterial roadways.  Prior to adoption of the current Design Manual, which includes street standards, final plans were reviewed on a case-by-case basis and roadway design determined at that time.  In 1987, a 13-foot wide center median was required of that developer.   

The Thoroughfare Plan classifies the extension of Weaver Dairy Road, between Airport Road and Homestead Road, as an arterial street.  Based on that classification, and the current standard for an arterial street in the Town’s Design Manual, (Attachment K) the Manager recommends a 16-foot wide center median for the extension of Weaver Dairy Road.

We note that, unless the Council approves a different street design, the applicant will be required to design a roadway that safely transitions between the different median widths.

Resource Conservation District, Open and Recreation Space

3.      At the Public Hearing, a Council member asked if the Town has title to the Resource Conservation District land in the adjacent Parkside I development.

Staff Comment: Ownership of the creek and major portions of the Resource Conservation District area, as well as some areas outside the Resource Conservation District in Parkside I, has been transferred to the Town.   

4.      At the Public Hearing, a Council member asked how much Resource Conservation District is on the site and how much of that total area is within the area the applicant is proposing to deed to the Town.

Staff Comment: There is 3.74 acres of Resource Conservation District on this site.   The applicant is proposing to deed all of the RCD to the Town as open space (except for the  .48 acres of RCD proposed as future road right-of-way).  The applicant proposes to deed 9.2 acres to the Town with this proposal.  Approximately 35 percent of this acreage is in the Resource Conservation District.

5.      At the Public Hearing, a Council member noted that the entire Duke Power Company easement was included within the proposed open space.  The Council member asked how much area is within the Duke Power easement.

Staff Comment: Approximately 1.8 acres of the proposed open space is encumbered by the existing Duke Power Company easement.

6.      A Council member asked what is the requirement in the Development Ordinance for open space in subdivisions.

Staff Comment: The Development Ordinance requires major subdivisions to provide recreation area suitable for the residents' common active recreational use.  Section 17.9.3 of the Development Ordinance describes suitable recreation areas.

“17.9.3 Suitability of Land  Land provided or dedicated as recreation area shall be of a character, shape and location suitable for use as a playground, playfield, or for other active recreation purposes including greenway pedestrian and non-motorized vehicle easements. Recreation areas shall be located on land that is relatively flat and dry and is otherwise capable of accommodating active recreation uses, except as exempted under the provisions of Section 17.9.6 b and c.”

In lieu of providing land that meets the standard describe above, the Council may consider an exemption when a site either abuts or includes areas designated as future greenways.

“17.9.6  Exemptions  If the site abuts or includes areas designated as future greenways on the Town's Comprehensive Plan, land area dedicated as a public pedestrian non‑motorized vehicle easement along the greenway may be applied to requirements for dedication of recreation area and exempted from the land suitability requirements of Subsection 17.9.3.”

We note that 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 referenced greenway improvements the applicant is proposing to deed to the Town two parcels of land totaling 9.3 acres for greenway and trail use.  We believe the proposal to deed these parcel to the Town may be accepted by the Town Council and an exemption granted from the land suitability requirements of Subsection 17.9.3 of the Development Ordinance.

Mixed Housing Design and Floor Area Restrictions

7.      At the Public Hearing, a Council member asked if the applicant is proposing to construct units with garages facing the street on those lots (11 through 27) designated by the applicant for units with floor area restrictions.

Staff Comment:  The applicant indicated that the developer has been working on some preliminary housing designs for lots 11 thought 27.  The applicant noted that due to the narrow lot width and floor area restrictions it would be difficult to design a residential structure with a side or rear-loading garage.  The applicant believed that most if not all of the units on these lots would be constructed with garages facing the street.

This application is a Major Subdivision proposal.  The standard of review and approval of a Preliminary Plat application involves comparing the application with the regulations and standards in the Development Ordinance. Although the applicant may provide the Council with information on proposed building design and layout, the review of a subdivision typically focuses on vehicular and pedestrian access and circulation, traffic impact, public improvements, lot standards, and recreation area. 

The 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. 

8.      At the Public Hearing, a Council member wondered if the proposed smaller lots (lots 11 through 27) designated by the applicant for units with floor area restrictions, in and of themselves, due to their small size and required setbacks, would restrict buildable floor area.

Staff Comment:  We do not believe that the smaller lots proposed by the applicant (lots 11 through 27) will restrict buildable floor area.  For example, we note that the smallest of these lots is 5,701 square feet.  If the non-buildable area associated with required setbacks (approximately 2,228 square feet) on a lot of this size is subtracted from the total lot area, the remaining buildable area is approximately 3,473 square feet.  We also note that additional floor area can be gained by the constructing a two-story structure.

We do not believe that, absence the floor area restriction of Section 13.11, these smaller lots will greatly restrict the buildable floor area permitted on this site.    

Proximity to Homestead Community Park

9.      At the Public Hearing, a Council member noted that the Homestead Community Park skateboard facility and batting cages are adjacent to this proposal.  The Council member asked for additional information on the days and hours of operation for these facilities.

Staff Comment: The Town, through a contract with a concessionaire, operates the batting cage and skateboard facility at Homestead Park.  The contract, which can be renegotiated in five years, outlines the hours of operation for the two facilities:

·        Monday: Closed

·        Tuesday/Wednesday/Thursday: 3:00 pm till 9:00 pm

·        Friday: 3:00 pm till 10:00 pm

·        Saturday: Noon till 10:00 pm

·        Sunday: Noon till 6:00 pm

·        Holidays: Noon till 9:00 pm.

10.  At the Public Hearing, a Council member asked if a note could be added to the plat notifying future property owners about the proximity of Homestead Community Park to this development.

Staff Comment: The following stipulation was included in the Manager’s Preliminary recommendation and remains in Resolution A.

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 associated parking area batting cage) are located near the southeast boundary of the site.

Future Traffic Signal at Airport Road and Stateside Drive

11.  At the Public Hearing, a Council member expressed concern with staff’s discussion in the attached June 19, 2000 Planning Staff Report and the determination that the traffic generated by this proposed development does not justify the installation of a traffic signal at the intersection of Airport Road and Stateside Drive.  The Council member asked if the Town’s desire for the installation of a traffic signal, at this intersection sometime in the future, could be clarified.

Staff Comment:  The Traffic Impact Statement submitted by the applicant summaries the traffic impacts of the proposed development.  One finding of the statement is that this development and its associated traffic does not warrant a traffic signal at the intersection of Airport Road and Stateside Drive.  We agree with this finding. 

However, we believe that this finding does not preclude the future installation of a traffic signal at this intersection.  As this area of Town continues to grow and develop and as traffic volumes increase, we believe that a traffic signal at the intersection of Airport Road and Stateside Drive will be necessary.  We note that the Council has previously gone on record informing the North Carolina Department Of Transportation of the Town’s desire for the future installation of a traffic signal at this intersection.  We continue to support the concept of a traffic signal at this intersection.  We do not believe that Council approval of this development, without the installation of a traffic signal, jeopardizes the Town’s position with NCDOT as it relates to future improvements at the intersection. 

COMPARISON OF DESIGN STANDARDS FOR AN ARTERIAL ROAD

(TOWN STANDARD VS. BICYCLE AND PEDESTRIAN

ADVISORY BOARD RECOMMENDATION)

* Proposed standard reduces right-of-way width.