Public Hearing: Larkspur Cluster Subdivision

Subject: Public Hearing: Larkspur Cluster Subdivision - Application for Preliminary Plat Approval (File No. 14..18)

We have received a request for Preliminary Plat approval of the Larkspur Subdivision located between Weaver Dairy Road and the University Branch Southern Railroad. The 39.5-acre site is immediately west of the Northwood and Northwoods V (Phase II) neighborhoods. The applicant is proposing to develop 86 residential lots. 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.

The Larkspur Subdivision site is located outside the Town limits and within the Town’s northwest Joint Planning Transition Area. As provided for by a formal agreement between the governing bodies of Orange County, Carrboro and Chapel Hill, except for zoning map amendments, the Town oversees and regulates all land use-planning activities within this Joint Planning Transition Area. A request for a zoning map amendment, within a Joint Planning Transition Area, requires the approval of all three governing bodies. This application proposes a Cluster Subdivision under the provisions of Section 17.8 of the Chapel Hill Development Ordinance. This application does not include a request for a zoning map amendment and therefore review and approval of this proposed development requires action only by the Chapel Hill Town Council.

PROCESS

This is an application for a Preliminary Plat, proposed as a Cluster Subdivision. 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.”

Cluster development authorization is a discretionary decision by the Council. The Development Ordinance states that

“The Council may approve a cluster subdivision in any residential district if it makes the … five (5) findings…” [Emphasis added].

(2) If “yes” to #1, then does the Council wish to consider a cluster development in this location?

The answer to the first question should be based on factual evidence as is presented tonight. The answer to the second question is a discretionary response by the Council. There is no obligation for the Council to approve a cluster development. If the Council decides not to approve a cluster development, the applicant can return with an application for a conventional subdivision.

Information regarding this application will be presented at tonight’s Public Hearing.

DESCRIPTION OF THE APPLICATION

This submitted application is for a preliminary plat to subdivide 39.5 acres into a cluster subdivision. The applicant is proposing to develop 86 residential lots. Access to the site is from Weaver Dairy Road and from the end of Hunter Hill Road, located in Northwood Subdivision. In accordance with the restrictions in Section 13.11 of the Development Ordinance (“Major Subdivision and Planned Development-Housing Floor Area Restrictions”) house size limits are proposed for 22 of the lots.

A total of 14.8 acres of private open space and recreation area are proposed for this subdivision. Other recreational amenities include dedication of public easements for a greenway corridor adjacent to the railroad right-of-way and internal pedestrian trails. The site is located in the Residential-2 (R-2) zoning district. A portion of the site is located in the Resource Conservation District. The site is in Orange County outside the Town limits and is identified as Chapel Hill Township Tax Map 18, Lots 14 and 14A.

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 lot size and clustering of lots. We have included as an Attachment 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 Staff Report for detail on compliance with subdivision regulations.

KEY ISSUES

Based on our staff evaluation and comments received from Advisory Boards, we believe that the three key issues concerning this proposed development are the proposed vehicular access from Hunter Hill Road, evaluation of this proposal as a cluster development and review of the Town’s Affordable Housing policies.

1. Hunter Hill Road Access: The proposed subdivision includes two points of vehicular access and two future potential points of access. One vehicular access is proposed at the southern end of the proposal at Weaver Dairy Road. A second access is proposed from Hunter Hill Road.

The preliminary plat application identifies access from Hunter Hill Road as limited to one-way travel. This proposal to restrict access would permit vehicles to enter the Larkspur development from Hunter Hill Road while prohibiting vehicles from exiting the development at this location. The plans accompanying this memorandum proposed Hunter Hill Road with this one-way travel restriction.

At the November 6, 2001 Planning Board meeting, the applicant informed the Planning Board of a revised proposal that would prohibit all vehicular travel into and out of Larkspur from Hunter Hill Road. The propose change to the plan would permit pedestrian and emergency service vehicles only between Northwood and Larkspur. This proposal to restrict all vehicular travel, except for emergency vehicles, was recommended by the Planning Board and is included as Resolution B (Planning Board’s Recommendation). The Planning Board recommended that access between Larkspur and Hunter Hill Road include a 12-foot paved emergency vehicle driveway with bollards. This 12-foot wide access would permit bicycle and pedestrian access, between Larkspur Way and Hunter Hill Road.

We understand that the applicant may be presenting a revised site plan tonight that includes this restricted access as recommended by the Planning Board.

Staff Comment: We recommend that the Hunter Hill Road connection between Northwood and Larkspur, allow full vehicular and pedestrian access from Hunter Hill Road and the Northwood neighborhood. With 86 residential lots proposed, we are concerned that a single, vehicular access may be inadequate. We note that the Town’s Design Guidelines recommend two points of access for developments with more than 25 dwelling units. In addition, we believe two points of access will allow better efficiency of movement of Town service vehicles upon annexation of these areas.

We note that the streets in the Northwood neighborhood do not meet current Town of Chapel Hill design standards. Current street design standards require a 23-foot wide driving surface with curb and gutter on both sides and a five-foot sidewalk on one side. The existing streets are approximately 20 feet wide without curb, gutter or sidewalks.

Resolution A, the Manager’s Preliminary Recommendation, and Resolutions C and D, would require full two way vehicular movements between the Northwood neighborhood and the proposed development from Hunter Hill Road. Resolution B, the Planning Board recommendation, and Resolution E, the Bicycle and Pedestrian Advisory Board recommendation would restrict the connection to pedestrian and emergency vehicle access.

2. Cluster Provisions: As noted above, approval of a subdivision as a cluster development is a discretionary approval by the Council. If the Council decides that a cluster development is not appropriate/desirable as proposed, it may choose not to approve the application.

We have prepared a table, (see Attachment 3) which summarizes the differences between a cluster subdivision and a conventional subdivision. The table offers information about what changes might be seen if this development were proposed as a conventional subdivision compared to the current proposal as a cluster subdivision.

A key difference is the amount of open space that would be dedicated. For a conventional subdivision on this tract of land, 4.78 acres of recreation area is required. The Larkspur cluster subdivision proposes 12. 74 acres.

A second difference is the “Rail Trail” easement that we have suggested and that the proposal includes. (Please see Staff Report for a discussion of this proposed trail). Dedication of this easement would not necessarily be required to be a part of a conventional subdivision.

The third difference would be the sizes of lots. The minimum lot size in this district is 10,000 square feet. As proposed, lots would vary in size from 7,020 to 12,352 square feet. In a conventional subdivision, all lots would be at least 10,000 square feet, and there would be accordingly less land dedicated as recreation area.

On balance, we believe that a cluster subdivision allows for better site design on this property, and believe that the additional recreation area would be valuable.

3. Affordable Housing: The Council has encouraged development of affordable housing opportunities, and has adopted a statement indicating this intent, restating an objective of the Comprehensive Plan. The adopted Resolution states the following:

“…that it is the expectation of the Council that applicants seeking approval of rezoning applications containing a residential component will incorporate a “15 percent affordability” feature into their plans, and that a mechanism will be proposed to assure ongoing affordability of these so-designated dwelling units.”

The Council has also expressed interest in achieving a diversity in the types of housing built in Chapel Hill, and amended the Development Ordinance to require that, as land is being subdivided into building lots, 25% of those lots carry restrictions limiting the size of houses that can initially be constructed. We note that Article 13.11 of the Development Ordinance requires these size limitations, for the purpose of assuring a range in types of housing. It is possible that achieving a range in the types of housing might also have the effect of achieving a range in the cost of housing.

Staff Comment: We note that review of subdivision proposals differs from review of Special Use Permit and rezoning applications in that the question of compliance with regulations and standards is the basis for approval or denial. Special Use Permit applications trigger review of the four findings of fact listed in Article 18 of the Development Ordinance. Rezoning applications are of a legislative nature and involve considerably more Council discretion.

The standard of review and approval for 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 and compliance with the Small House Ordinance (described above).

Summarizing this issue: We do not believe that affordability can be mandated as part of approval of a subdivision application. Size restrictions can be and are mandated. As required by the Small House Ordinance, this proposal must provide 22 residential lots upon which at least 13 of the dwelling units shall contain no more than 1,100 square feet of floor area. Construction on nine of the lots shall contain no more than 1,350 square feet of floor area. The submitted site plan identifies all lots on which a size-limited unit must be constructed.

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

Planning Board’s Recommendation: The Planning Board reviewed this proposal on November 6, 2001 and voted unanimously (6-2) to recommend that the Council approve the application with the following conditions. Please see the attached Summary of Planning Board Action.

Resolutions A and B include the following recommended condition of the Planning Board.

1. That the Type “C” landscape bufferyard for “Open Space Areas M and N” is enlarged from 20 feet wide to 40 feet wide.

Staff Comment: The original submittal of site plans to the Town included a proposal that “Open Space Area M and N” be 20-feet in width. During the Planning Board meeting the applicant indicated a desire to increase this buffer width to 40 feet. We understand that this increase in buffer width by 20 feet is in response to concerns expressed by those residents who home back up to the proposed development. We believe that the applicant may be presenting a revised site plan tonight that reflects this wider bufferyard width. The Planning Board recommended that the Council approve the preliminary plat with this 40-foot bufferyard.

Resolution A, the Manager’s Preliminary Recommendation includes this recommendation.

Resolution B includes the following recommended condition of the Planning Board.

2. That in lieu of a full access public street, the final plan and plat include a 12-foot paved emergency vehicle driveway with bollards, also capable of bicycle and pedestrian access, between Larkspur Way and Hunter Hill Road, in Northwood Subdivision.

Staff Comment: We recommend a full-access vehicular connection from Hunter Hill Road. Please refer to the discussion above under Key Issues for additional information on this recommendation.

Resolution A, the Manager’s Preliminary Recommendation, does not include this recommendation from the Planning Board. Resolutions A, C and D recommend that the Hunter Hill Road connection, between Northwoods and the proposed development, permit full access vehicular travel on a public street constructed to Town standards.

Parks and Recreation Commission Recommendation: The Parks and Recreation Commission reviewed this proposal on September 27, 2001 and voted unanimously (8-0) to recommend that the Council approve the application with the following conditions. Please see the attached memorandum from the Commission.

Resolutions A through E include the following recommended conditions of the Parks and Recreation Commission.

Staff Comment: In lieu of deeding the recreation area to the Town, we believe that the proposed 12.74 acres of recreation area be dedicated to a homeowners’ association. We believe that acquisition of this property for Town ownership, or inclusion into the Town’s overall park system, has not been expressed as desirable by the Council or the Parks and Recreation Commission. In this case, ownership by a homeowners’ association is preferred We note that the applicant is proposing to dedicate the recreation area to a homeowners’ association.

2. That a greenway easement be dedicated to the Town over a portion of recreation area needed for the future “Rail Trail” greenway.

Staff Comment: We note that the Town’s Master Greenway Plan identifies a potential greenway/trail improvement on this site. Identified as the University Branch Southern Railroad “Rail Trail,” this proposed greenway will eventually extend between Chapel Hill High School and the northern limits of the Town’s jurisdiction. A greenway easement, permitting the Town to locate, construct, access and maintain a trail is desired on this site. We believe that in this situation, the dedication of an easement for the “Rail Trail” is preferred in lieu of dedication of property for ownership by the Town for a linear greenway. Since the exact location of the greenway is not determined at this time, the applicant is proposing to deed to the Town a blanket greenway easement for the future “Rail Trail.”

3. That portions of the bed of the future greenway be graded and constructed to American Association of State Highway and Transportation Officials (AASHTO) standards.

Staff Comment: We believe that it would be desirable for the applicant to construct a portion of the “Rail Trail,” near Larkspur Way, and a portion of a pedestrian trail north of Lot 35. We understand that the applicant has agreed to construct these trail and pedestrian improvements during preliminary roadway and infrastructure construction. We recommend that the portion of the completed trail and pedestrian bed constructed by the applicant, be a minimum of 16-feet in width and meet all AASHTO standards for construction of a bicycle facility. We note that the remaining portion of these trail segments will be completed by the Town and will be constructed to AASHTO standards.

The three recommendations from the Parks and Recreation Commission have been stipulated in Resolutions A through E.

Greenways Commission Recommendation: The Greenways Commission reviewed this proposal on September 12, 2001 and voted unanimously (5-0) to recommend that the Council approve the application with the following conditions. Please see the attached Summary of Greenways Commission Action.

Resolutions A through E include the following recommended conditions of the Greenways Commission.

2. That a greenway easement be dedicated to the Town over portion of recreation area needed for the future “Rail Trail” greenway, the exact location to be determined by the Town Manager. The easement should allow the Town to build and maintain a greenway trail for pedestrians, non-motorized vehicle use, and person confined to motorized wheelchairs.

3. That approximately 200-feet of the bed of the future greenway trail be graded and constructed at the point where Larkspur Way comes closest to the railroad tracks. The work should be done in conjunction with road construction. The completed trail bed should be a minimum of 16-feet in width and meet all AASHTO standards for construction of a bicycle facility, except that the developer would not be responsible for paving the trail.

4. That approximately 200-feet of the bed of the future greenway be graded and constructed west of Hunter Hill Road near the northern property line of the development. This would allow a spur trail to access the northern portion of the site in an area that is proposed to contain a stormwater drainage easement and stormwater basin. The completed trail bed should be a minimum of 16-feet in width and meet all AASHTO standards for construction of a bicycle facility, except that the developer would not be responsible for paving the trail.

Resolution D includes the following recommended condition of the Greenways Commission.

5. That a conservation easement be dedicated to the Town over the portion of the site within the Resource Conservation District, excluding areas of the Resource Conservation District within private lots.

Staff Comment: We understand that the intent of this recommendation is to grant the Town the right to enter properties in order to implement a program of controlling invasive plant species. As of this time, the Town has no such program to control invasive plant species on private properties. Although we recognize the objective of controlling invasive plant species, we believe that the dedication of this type of easement is not warranted absent an established town wide landscape management program.

Bicycle and Pedestrian’s Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this subdivision application on November 13, 2001 and voted unanimously (7-0) to recommend that the Council approve the application with the following conditions. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.

Resolutions B and E include the following recommended condition of the Bicycle and Pedestrian Advisory Board.

1. That the final plan and plat include a 12-foot paved emergency vehicle driveway with bollards, also capable of bicycle and pedestrian access, between Larkspur Way and Hunter Hill Road, in Northwood Subdivision.

Staff Comment: We recommend a full-access vehicular connection from Hunter Hill Road. Please refer to the discussion above under Key Issues for additional information on this recommendation.

Transportation Board Recommendation: The Transportation Board will review this subdivision application on November 20, 2001. 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 recommends that the Hunter Hill Road connection, between Northwoods and the proposed development, permit full access vehicular travel on a public street constructed to Town standards.

*Issue was not discussed at this particular advisory board’s meeting and is therefore not included in this Resolution

ATTACHMENTS

4. Resolution A (p. 30)

14. June 8, 2001 letter to the Town Manager from the Chapel Hill-Carrboro City Schools (p. 52)

15. Summary of Key Differences Between Legislative and Quasi-Judicial Zoning Decisions (p. 53)

Subject:Public Hearing: Larkspur Cluster Subdivision - Application for Preliminary Plat

We have received a request for Preliminary Plat approval of the Larkspur Subdivision located between Weaver Dairy Road and the University Branch Southern Railroad. The 39.5-acre site is immediately west of the Northwood and Northwoods V neighborhoods. The applicant is proposing to develop 86 residential lots. Access to the site is from Weaver Dairy Road and from the end of Hunter Hill Road, located in Northwood Subdivision.

A total of 14.8 acres of private open space and recreation area are proposed for this subdivision. Other recreational amenities include dedication of public easements for a greenway corridor adjacent to the railroad right-of-way and internal pedestrian trails. The site is located in the Residential-2 (R-2) zoning district. A portion of the site is located in the Resource Conservation District. The site is in Orange County and is identified as Chapel Hill Township Tax Map 18, Lot 14 and 14A.

Attached are the Summary of Action from the Greenways Commission, the Parks and Recreation Commission, Planning Board, the Subdivision Fact Sheet,Traffic Impact Statement summary, citizen letters 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. However, we note that two-family dwellings, places of worship, child day care facilities, and non-profit recreation facilities are permitted uses on lots in the Residential-2 zoning district subject to some restrictions. In this case, the applicant’s proposal and subsequent cluster development calculations are based on single-family dwelling use of these proposed lots.

We understand the applicant may propose to develop a private non-profit recreation facility on the recreation portion of the proposed subdivision. The recreation facility would require a subsequent Site Plan approval from the Planning Board if the associated land disturbance were less than 40,000 square feet (Special Use Permit by the Town Council if disturbance is greater than 40,000 square feet).

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

Location: This 39.5-acre tract is generally located between the Northwood and Northwoods V (Phase II) neighborhood and the Greene Tract, being south of Eubanks Road and north of the Parkside II Subdivision.

The southern edge of this 39.5-acre tract is the narrowest portion of the proposed development. Approximately 170-feet wide, this portion of the site is located between Weaver Dairy Road on the east and the University Branch Southern Railroad on the west. The entire west property line is adjacent to the University Branch Railroad. From the southwest corner of the tract the property line runs northward along the eastern edge of the railroad right-of-way for approximately 2,600 feet. The railroad track and its associated easement are outside the boundary of the proposed development. Across the 100-foot wide railroad right-of-way, further to the west, is the 168-acre Greene Tract and a 10-acre parcel with a residence.

At its northwest corner, the west property line intersects the southern edge of a 128-foot wide Duke Power Company easement. The entire northern property line of the 39.5-acre site follows the southern edge of this easement eastward for approximately 1,350 feet. The Duke Power Company easement is outside the boundary of this proposed development. Adjacent to the northern property line are three properties; a 9.8-acre tract with a residence, an undeveloped 19.9-acre tract and a 4.8-acre parcel with residence.

The eastern end of the 1,350-foot northern property line is the northwest corner of the Northwood neighborhood. This corner of the proposed development shares a property corner with a developed residential lot on Mosswood Court. From this northeast corner, the property line continues due south for approximately 2,460 feet where it intersects the north edge of the Parkside II development. Approximately 1,000 feet of this eastern property line is a common property line with five residentially developed lots in the Northwood neighborhood. An undeveloped lot in Northwoods V (Phase II) and a portion of Weaver Dairy Road are also adjacent to the eastern property line.

Access: This site is currently accessible by vehicle through the Northwood neighborhood from Hunter Hill Road. Soon, the proposed development site will also be accessible near its southern property line from Weaver Dairy Road. At this time the construction of this portion of Weaver Dairy Road is not complete. Construction is underway and we believe that this portion of Weaver Dairy Road will be completed in conjunction with roadway construction in the Parkside II development.

Topography, Drainage and Vegetative Cover: Except for a portion of the southern end of this site, the property generally slopes downward from the east and west toward the center of the property. As the property slopes away from the east and west, several drainage channels generally flow in a north to northwesterly direction toward the northern property line. A portion of this site, running parallel and adjacent to the elevated railroad, is located in the Resource Conservation District.

The highest elevations on the site are along the eastern property line and range from 560 to 550 feet. Along the west property line near the southwest corner of the site, the topography of the elevated railroad bed begins at 554 feet and drops to 510 feet at the northwest corner of the site. The lowest elevation, 496 feet is along the north property line. The southern end of the site gently slopes and drains toward the south. The lowest elevation along the southern property line is 548 feet.

The slope analysis reveals that a majority of the site contains grades of 10 percent or less. A portion of the northeast corner includes an area with slopes between 10 to 15 percent. The steepest slopes, 10 to 20 percent, tend to be along the elevated railroad bed and the along the eastern edge of the Resource Conservation District.

The 39.5-acre site is a vegetative mix of immature pines, mixed mature pines and hardwoods, and hardwoods. The submitted tree survey identifies more than 100 significant trees on this site. A majority of these trees are located within the Resources Conservation District.

Existing Structures: An occupied single-family structure and several small outbuildings are located on the site. Vehicular access to the existing residence is from Hunter Hill Road. We believe the residence has a well and septic tank.

Easements: A 68-foot wide Duke Power Company easement encumbers a portion of the southwest corner of the site. A 100-foot wide railroad easement and 128-foot wide Duke Power Company easement are adjacent to and not within the boundary of this proposed development.

Cluster Development: The property is zoned Residential-2 (R-2) and the 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 is 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 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 86 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 proposed associated recreation area exceeds the minimum amount required for cluster developments.

Housing Floor Area Restrictions: As a Major Subdivision application, this proposal is subject to Article 13.11 of the Chapel Hill Development Ordinance. Based on Section 13.11, this proposal must restrict the size of houses that may be constructed on 22 of the residential lots. Thirteen of these lots may not have houses greater than 1,100 square feet of floor area. Nine lots shall have houses with no more than 1,350 square feet of floor area. The submitted site plan identifies 22 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 Resolutions A, through E require that a note be placed on the final plansand plats indicating the specific lots and floor area restrictions for each lot on which size limitations are placed.

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. Portions of this site contain land slopes of between 10 and 20 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 Resolutions A through E.

Zoning: This site, as well as the adjacent Parkside II subdivision and two adjacent parcels to the north, is located in the Joint Planning Transition Area and is zoned Residential-2. The two properties along the east property line are zoned Residential-1A (Northwood) and Residential-1 (Northwoods V, Phase II). To the west, the Greene Tract is zoned Rural Transitional. The other adjacent property to the west is zoned Residential-1. The remaining property to the north is zoned Mixed Use OI-1.

Comprehensive Plan: The Chapel Hill Land Use Plan, a component of the Comprehensive Plan, identifies this site and adjacent properties to the north and south as Medium Residential (4-8 units per acre). The Land Use Category for adjacent properties to the east is Low Residential (1-4 units per acre). To the west the property zoned Residential-1 is identified as Low Residential on the Comprehensive Plan. The land use category for the Greene Tract is open space/housing.

We note that the Comprehensive Plan includes a designation identifying the proposed development site as a potential future school site. Section 17.7.1 of the Development Ordinance requires that whenever a subdivision application is submitted for approval which includes part or all of a school site designated to be reserved on the Town's Land Use Plan, the Town Manager shall immediately notify the Chapel Hill/Carrboro Board of Education, and the Board shall promptly decide whether it wishes the site to be reserved. The Board of Education has notified the Town Manager that it does not wish to reserve this site for a future school. A copy of the letter from the Chapel Hill-Carrboro City Schools to the Town Manager is attached to this report.

Annexation: This proposed development is not within Town limits. A date for the annexation of this property into the Town’s municipal limits has not been scheduled at this time.

This proposed development is for an 86 lot cluster development on 39.5-acres. The applicant is proposing to modify lot size standards on 48 lots. The total sum of reduction in lot area of these 48 modified lots is 19,515 square feet. As provided by the Development Ordinance, this total sum in the reduction of residential lot area is added to the minimum recreational land area requirement for this subdivision. More than 14 acres of private open space and recreation are proposed including the dedication of a public greenway easement for a future “Rail Trail.” Passive open space areas, and a pedestrian trail network are also proposed. For additional discussion on recreation please refer to the discussion under Recreation Requirements.

As noted above this proposal must provide 22 residential lots upon which at least 13 of the dwelling units shall contain no more than 1,100 square feet of floor area. Construction on 9 of the lots shall contain no more than 1,350 square feet of floor area. The submitted site plan identifies all lots on which a size-limited unit must be constructed. Six of the lots are located along the eastern property adjacent to Weaver Dairy Road. Ten lots are along the northern property line, adjacent to the 128-foot wide Duke Power Company easement. A single lot is adjacent to a stormwater detention basin. The remaining 5 lots are along the north side of the proposed Larkspur Way.

Vehicular access to the site is proposed from Weaver Dairy Road and Hunter Hill Road. The proposed development also includes street stub-outs to undeveloped properties along the eastern and northern property lines. Please refer to the discussion below on TRANSPORTATION: ACCESS AND CIRCULATION for more information.

Recreation Requirements: The Development Ordinance requires that a certain percentage of subdivision land be set aside for recreation area for the residents. The minimum recreation area requirement in the Residential-2 zoning district for this development is 4.78 acres.

Because this development is proposed as a cluster development, which allows for reduction in lot size, the sum of the reduction in the required lot size must be added to the Residential-2 recreation area requirement in order to determine the minimum recreation area required. The sum total of the reduction from the minimum required lots sizes is 19,514 square feet. Therefore, the minimum recreation area requirement for this proposed cluster development is 5.23 acres.

The applicant is proposing to comply with this minimum recreation area requirement by dedicating 12.74-acres of open space to the Homeowners Association. We recommend that the dedication of “Private Recreation and Open Space” to the Homeowners Associations, be considered adequate to satisfy the recreation area requirements for this development. This recommendation has been included in Resolutions A through E. For additional information on the 12.74-acres please refer to the discussion below on Open Space.

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. This site, which is located in the Booker Creek Watershed, is referenced in the Chapel Hill Greenways Comprehensive Master Plan. A recommended greenway improvement of the Master Plan is identified on this site. The applicant is proposing to comply with this recreation requirement by dedicating an easement on this site for use in the Town’s greenway scheme. Please refer to the discussion below on Rail Trailfor additional information on this issue.

Open Space: The applicant is proposing to deed several open space parcels to the Homeowners Association.

The two largest parcels are identified on the site plans as “Private Recreation and Open Space.” The sum total of these parcels is 12.74-acres. The largest parcel, “Private Recreation and Open Space Area A” is an 11.34-acre tract that includes most of the Resource Conservation District area. Extending from the southern to northern property line, this 11.34-acre tract is adjacent to the railroad right-of-way and buffers the proposed residential development from the railroad. Twenty-four lots back up onto this area. Three pedestrian trails, including an easement and preliminary construction of a portion of Town’s future “Rail Trail” are planned within this area. See discussion below on Rail Trail and Pedestrian Trails.

Contained within this 11.34-acres we also note that the submitted site plans identify a “Future Homeowners Association Private Recreation Area for Clubhouse, Pool, Wading Area, Picnic Area and Tot Lot” south of Lot 65. This type of land use is classified as non-profit private recreation facility by the Development Ordinance, and is a permitted use in the Residential-2 zoning district. A proposed recreation facility would require approval from the Planning Board if the land disturbance associated with this potential facility is less than 40,000 square feet (Special Use Permit would be required if more than 40,000 square feet would be disturbed).

In addition to this potential recreation facility, and several recreation trails, other land disturbance activities proposed for portions of this 11.34-acre tract include construction activity associated with utility infrastructure and stormwater detention ponds.

The second open space, “Private Recreation and Open Space Area B” is a narrow, 700-foot long 1.4-acre tract centrally located in the northern end of the development. Fourteen lots along Hunter Hill Road and Larkspur Way back up to this proposed open space. A proposed sewer and drainage easement encumbers most of this land area. Much of the existing vegetation within this 1.4-acre tract will be cleared during infrastructure construction. A private pedestrian trail, connecting a segment of Hunter Hill Road with Larkspur Way, is proposed through this linear open space. This open space area will be deeded to and maintained by the Homeowners Association. The Homeowners Association will be responsible for the construction of the pedestrian trail. A stipulation to this affect has been included in Resolutions A through E.

Three additional open space areas are proposed to be deeded to the Homeowners Association. Identified on the site plan as 20-foot wide “Open Space,” the three tracts are located along the eastern property line. The total land area of these parcels is 32,103 square feet. We believe that two of these tracts are intended as landscape bufferyards between the proposed development and the adjacent Northwood neighborhood. The third area is a required landscape bufferyard adjacent to Weaver Dairy Road. For additional discussion on these bufferyards please refer to the discussion under Buffer Requirements.

Rail Trail: A 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 accordance with the permitted greenway exemption, the applicant is proposing to deed to the Town a 30-foot wide greenway easement for the “Rail Trail.” This easement, which is proposed on the submitted site plan along the eastern edge of the railroad right-of-way, extends between the applicant’s southern and northern property line. The dedication of the greenway easement would allow the Town to construct the trail at a later date.

We believe that, due to topographic characteristics, the most appropriate location for this easement may not be adjacent to the railroad right-of-way as shown on the submitted site plan. We believe that the location for the “Rail Trail” can be best determined once the Town is ready to develop construction plans for the trail. We recommend that prior to recordation of a subdivision plat, the applicant dedicated a “blanket” construction, maintenance and access greenway easement encumbering the entire 11.34-acre tract. This requirement for a blanket easement for the future Rail Trail is included in attached Resolutions A through E.

As previously stated, the applicant does not intend nor does the Town anticipate the applicant to construct the future “Rail Trail.” However, due to the proposed alignment of Larkspur Way near the southern end of the trail, some preliminary trail construction by the applicant is warranted. We recommend that approximately 200-feet of the bed of the future greenway trail be graded and constructed at the point where Larkspur Way comes closest to the railroad tracks. We recommend that this construction be undertaken in conjunction with roadway construction. We recommend that this portion of the completed trail bed, be a minimum of 16-feet in width and meet all AASHTO standards for construction of a bicycle facility. These recommendations have been stipulated in Resolutions A through E.

We recommend that the dedication of a blanket easement for the “Rail Trail be considered adequate to satisfy the recreation area requirement for this development. This recommendation has been included in Resolutions A through E.

Pedestrian Trails: The proposed site plan includes three pedestrian trails across the 11.34-acre open space. The trails would permit pedestrian access between the future “Rail Trail” and the residential area.

The first pedestrian trail is planned in the general vicinity of the future, potentially proposed private clubhouse and pool. We recommend that this trail provide interim public pedestrian access to the “Rail Trail” until such time that the area is formally developed as a private recreation facility with a pool and clubhouse. We believe that as an interim trail, a natural 2 to 3 foot wide footpath, formalized with minimal land disturbance and removal of vegetation, is appropriate in this location. Resolutions A through E includes a stipulation that this interim footpath be constructed and maintained by the Homeowners Association until such time that a formal public access path, through the future private recreational facility, is approved.

The second pedestrian trail, connecting the development to the “Rail Trail”, is proposed at the end of Paradise Court. We recommend that this trail be constructed as a natural 2 to 3 foot wide footpath, involving minimal land disturbance. We recommend that the Homeowners’ Association be responsible for the construction and maintenance of this trail. We recommend that a pedestrian access easement be provided along this pedestrian trail. These recommendations have been incorporated into Resolutions A through E.

The third pedestrian trail is proposed at the north end of Larkspur Way, north of Lot 35. We note that the site plan locates this pedestrian trail in an area of the site that is proposed to contain a sewer and stormwater easement and stormwater basin. Considering the amount of clearing and grading associated with these proposed infrastructure improvements, we believe this area to be an appropriate location to construct a 10-foot wide asphalt path at this location, connecting the “Rail Trail” to the end of Larkspur Way. We recommend that the applicant construct approximately 200-feet of the bed of this trail. We recommend that this construction be undertaken in conjunction with the stormwater basin construction. We recommend that the completed 200-foot long section of trail bed be a minimum of 16-feet in width and meet all AASHTO standards for construction of a bicycle facility. We also recommend that the applicant dedicate a 30-foot wide construction, access and maintenance easement for pedestrian and bicycles over the proposed trail location. Stipulations to this effect have been included in Resolutions A, through E.

We recommend that the “Rail Trail” easement, and the dedication of the public easements across the above-described pedestrian trials also be considered sufficient to meet the recreation area requirement for this development. This recommendation has been included in Resolutions A through E.

Initial access points into the development are proposed from Weaver Dairy Road and from Hunter Hill Road. The proposed site plan also includes two potential future access points.

Weaver Dairy Road: The primary vehicular access for this site is proposed from Weaver Dairy Road. We note that this segment of Weaver Dairy Road (four lane cross section with center median) is under construction and we believe that it will be completed prior to final plan approval for the Larkspur subdivision should this application be approved. The applicant’s traffic impact statement concludes that a majority of the traffic entering and leaving the proposed development will be from Weaver Dairy Road.

Hunter Hill Road: Another point of access for this proposed development is from Hunter Hill Road. Hunter Hill Road is located in the Northwood neighborhood and stubs out at the eastern line of the proposed Larkspur development. Access to the proposed development from Hunter Hill Road means vehicular travel through the Northwood neighborhood by way of Northwood Drive and Autumn Lane. We note that the streets in the Northwood neighborhood do not meet current Town of Chapel Hill design standards. Current street design standards require a 23-foot wide driving surface with curb and gutter on both sides and a five-foot sidewalk on one side. The existing streets are approximately 20 feet wide without curb, gutter or sidewalks.

The applicant’s subdivision application included a proposal that access, from Hunter Hill Road to the proposed subdivision, be limited to one-way travel. The proposed restriction would permit vehicles to enter the proposed development from Hunter Hill Road while prohibiting vehicles from exiting the development at this location. If the access to Hunter Hill Road from this proposed development were to be limited to ingress only, the intersection of Larkspur Way with Weaver Dairy Road becomes the single avenue for vehicles to exit the proposed development.

We understand that the plan to limit vehicular movements from the proposed development onto Hunter Hill Road is in response to concerns expressed to the applicant by some Northwood residents. We do not recommend approval of the applicant’s proposal to restrict vehicle movements between this proposed development and the Northwood development. We recommend that this street connection allow full movement. We recommend that the proposed development include full access from Hunter Hill Road. Resolutions A, C and D would require that Hunter Hill Road allow two way vehicular movements.

We understand that the applicant may be presenting a revised site plan tonight that includes the restricted access as recommended by the Planning Board and the Bicycle and Pedestrian Advisory Board.

Traffic Impact: The subdivision application included a traffic impact study, which estimates the traffic impacts of the proposed development on nearby roadways and intersections. The study assumed that Hunter Hill Road would permit both ingress and egress between the proposed development and the Northwood neighborhood.

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 the proposed development do not warrant roadway or signalization improvements at the five studied intersections. A copy of the summary is attached.

We believe that the traffic impacts generated by this proposed development justify requiring the applicant to make a partial payment-in-lieu for a future traffic signal at the Homestead Road/Weaver Dairy Road intersection. Based on the traffic projections for this project, the applicant’s contribution would be $15,000. This is based on the fact that the need for this signal is largely due to the new developments that are occurring along this portion of Weaver Dairy Road. Other developments have been required to contribute a pro-rata share for this signal based on expected contribution of traffic through the intersection, and we recommend that approach here.

In the event that the traffic signal is not installed after 10 years (from the date that the payment-in-lieu is received by the Town), the payment would be refunded. This recommendation is stipulated in Resolutions A through E.

Streets and Sidewalks: We recommend that the proposed internal subdivision streets are constructed to the following design standards:

Street Name	Right-of-Way Width	Street Width-Back of Curb to Back of Curb	Sidewalks
Ross Place	50 feet	25 feet	None
Bodega Court	50 feet	25 feet	One Side
Paradise Court	50 feet	27 feet	One Side
Hunter Hill Road	50 feet	31 feet	One Side
Larkspur Way (north of Hunter Hill Road)	50 feet	31 feet	One Side
Larkspur Way (south of Hunter Hill Road)	60 feet	35 feet	Two Side (except on the west side south of Lot 6)

The above street design standards have been incorporated into Resolutions A through E.

Resolutions A, C and D also includes design standards for the 80 feet portion of Hunter Hill Road that is unimproved and located outside this proposed development. We believe that this applicant should be required to pave this unimproved section of right-of-way in the Northwood subdivision. As noted previously, the existing streets in Northwood do not include curb, gutter or sidewalks. For this short extension of Hunter Hill Road, we do not recommend the installation of curb, gutter or sidewalk. A stipulation to this affect has been included in Resolutions A, C and D.

We also recommend, that prior to the issuance of the second Certificate of Occupancy for this proposed development, the construction of Weaver Dairy Road as approved with the final plans for the Northwoods V subdivision is completed. This stipulation has been incorporated into Resolutions A through E.

Construction Management Plan: We understand that some of the residents in the Northwood neighborhood are concerned with the impacts that the construction traffic from this proposed development might have on their subdivision. In light of that concern, Resolutions A through E includes a recommendation that a Construction Management Plan, indicating how construction vehicle traffic will be managed, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We recommend that the Construction Management Plan specify that no construction vehicles serving this site use any existing streets within the Northwood subdivision.

Buffer Requirements: The following landscape buffers are required for this subdivision:

· Type “D” landscape bufferyard (minimum 30-foot width) along the property’s frontage with Weaver Dairy Road and along the University Southern Railroad right-of-way; and

· Type “C” landscape bufferyard (minimum 20-foot wide) along the north property line, adjacent to the property zoned Mixed-Use Office/Institutional-1

The developer is proposing an alternative 20-foot Type D bufferyard (Area L and a portion of Area A) along the property’s frontage on Weaver Dairy Road. These areas are proposed to be deeded to the Homeowners’ Association. As required, the applicant is proposing a type “C” 20-foot wide landscape bufferyard along the site’s northern property line, adjacent to the property zoned Mixed-Use Office/Institutional-1 property. This buffer is located with a recreation area to be deeded to the Homeowners’ Association.

Resolutions A through E includes a stipulation that, unless the Community Design Commission approves alternatives bufferyards the applicant must provide the following minimum landscape bufferyards:

· Type “D” landscape bufferyard (minimum 30-foot width) along the property’s frontage with Weaver Dairy Road and along the University Southern Railroad right-of-way; and

· Type “C” landscape bufferyard (minimum 20-foot wide) along the north property line, adjacent to the property zoned Mix-Use Office/ Institutional-1.

If approval of this application includes alternative landscape bufferyards, we recommend that, prior to the issuance of a Zoning Compliance Permit, the applicant obtain approval for the alternative bufferyard from the Community Design Commission. Resolutions A through E incorporates this recommended stipulation.

The applicant is proposing two “bufferyards” not required by the Development Ordinance. The first landscape bufferyard is shown in anticipation of submission of an application for a private recreational facility. In this case the applicant is proposing a landscape bufferyard along the west side of Larkspur Way, south of Lot 65. The proposed bufferyard would be the minimum type bufferyard for a private recreation facility at this location. However, the final determination on the type and size of bufferyard required for a private non-profit recreation facility would be made at a later date by the Planning Board or the Town Council.

The second proposed bufferyard area, that is not mandated by the Development Ordinance, is located along the east property line, between proposed lots 15 through 24 and existing residential home sites in Northwood. The area is identified on the site plans as “Open Space Area M” and “Open Space Area N.” We understand that these additional open space areas were included in response to concerns expressed by those residents whose home back up to the proposed development.

The original submittal of site plans to the Town, for review and approval by the Planning Board and presented with tonight’s materials, included a proposal that “Open Space Area M and N” be 20-feet in width. During the Planning Board meeting the applicant indicated a desire to increase this buffer width to 40 feet. We understand that the applicant may be presenting a revised site plan tonight that reflects this wider bufferyard width. The Planning Board recommended that the Council approve the preliminary plat with this 40-foot bufferyard.

Resolution A, and B include a stipulation that a Type “C” (minimum 40-foot width) landscape bufferyard be provided in the open space areas identified on the site plans as “Open Space Area M” and “Open Space Area N.” This issued was not discussed by the Parks and Recreation Commission, the Greenways Commission or the Bicycle and Pedestrian Advisory Board and is therefore not included in Resolutions C, D, or E.

We also note that adjacent to these open space areas, the applicant is proposing a “private landscape buffer” on proposed individual residential lots. We note that the landscaping and management of vegetation within this “landscape buffer easement” area will not be regulated by the Town, but will be the responsibility of a homeowners association. We are not including this private buffer as a recommended condition of approval.

Landscape and Tree Protection: We recommend 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:

We also recommend that tree protection fencing be installed between construction, including all required off-site infrastructure construction, and all rare and specimen trees shown on the site plan. We recommend that all tree protection fencing shall be installed at a distance from the base of the tree equal to at least one foot for every inch of diameter of the tree trunk (dbh).

We also recommend that final plans include a detailed plan planting plan indicating how the required bufferyards, including “Open Space Areas M and N” will be planted. These conditions have been included in Resolutions A through E.

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.

Resource Conservation District: Approximately 7 acres of Resource Conservation District are located on this site. The Resource Conservation District extends along a centrally located drainage way. Most of this Resource Conservation District area is located in the “Private Recreation and Open Space Area A” that the applicant is proposing to deed to the homeowners’ association.

The applicant is proposing land disturbance within the Resource Conservation District. Land disturbance (approximately 5,244 square feet) within the Resource Conservation District includes sanitary sewer infrastructure.

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

We also note that the proposed subdivision includes the construction of pedestrian and greenway trails within the Resource Conservation District. Section 5.5.1 of the Development Ordinance lists hiking trails 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 must comply with Section 5.6 of the Development Ordinance.

We note that the proposed site plan locates several infrastructure elements, (stormwater drainage basins, drainage easements, and sewer lines) in close proximity to the Resource Conservation District boundary. We also note that the Resource Conservation District extends onto proposed Lot 64 and Lot 65. Although not shown as encroaching into the Resource Conservation District area, we are concerned with the proximity to the Resource Conservation District of the infrastructure improvements and associated residential clearing and grading. We recommend that, except for the approximately 5,244 square feet of land disturbance proposed by the applicant as part of the construction of the sewer, all required erosion control sediment basins, stormwater basins, improvements and easement, infrastructure and residential construction, including associated clearing and grading, be located entirely outside of 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 establish review criteria and design/construction standards for 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 no lot be created that would require a Resource Conservation District variance in order to be developed.

Stormwater Management: We recommend that prior to the issuance of a Zoning Compliance Permit the applicant submit a Stormwater Management Plan. The plan shall be based on the 1-year and 50-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards. This stipulation is included in Resolutions A through E.

We also believe that there may be opportunities for Best Management Practices, such as extended dry detention, utilized to meet both runoff rates and treatment requirements. We have included a stipulation in Resolutions A through E requiring that the applicant submit proposals of Best Management Practices (BMP’s) features to intercept and treat stormwater runoff from developed areas. Final design and locations shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

We recommend that all stormwater management improvements outside public right-of-way be located within reserved storm drainageway easements, per Town guidelines. We also recommend that these stormwater management features shall not be permitted within an approved bufferyard area. Resolutions A through E include these recommendations.

Erosion Control: Resolutions A through E include a stipulation that a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modification of the plan if necessary, shall be approved by the Orange County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to the issuance of a Zoning Compliance Permit. The Resolutions also require that all erosion control sediment basins, including associated clearing and grading, be located entirely outside of the Resource Conservation District.

Utilities: In order to provide public sanitary sewer service to this planned subdivision, it will be necessary for the applicant to install a sanitary sewer pump station. We understand, that based on preliminary discussions between the applicant and OWASA, a tentative site for the pump station has been identified on the south side of Eubanks Road (approximately 400 feet east of the railroad crossing). We note that this potential site for a pump station is located approximately 1,100 feet north of this proposed development. The installation of the pump station on Eubanks Road, and the associated sewer line connections to the proposed subdivision, would require the applicant to secure sewer easement dedications from several individual property owners. As of this time, we do not believe that the applicant has begun the process of obtaining these easements.

The proposed off-site installation of sewer line, between the development site and the required pump station on Eubanks Road, will involve some land disturbance in the Resource Conservation District. We note that in order to construct these public utility facilities within the Resource Conservation District, the applicant must comply with Section 5.6 (Standards for Development in Resource Conservation District) of the Development Ordinance.

We also note that the proposed route for the extension of sewer lines, between the development site and Eubanks Road, will involve clearing a 30 to 40 foot wide utility corridor. The submitted site plan identifies a number of significant trees within and along this proposed cleared area. We recommend that a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit for this off-site construction activity. We recommend that tree protection fencing be installed between this utility construction, and all rare and specimen trees be shown on the site plan. We recommend that all tree protection fencing shall be installed at a distance from the base of the tree equal to at least one foot for every inch of diameter of the tree trunk (dbh).

We recommend that prior to the issuance of a Zoning Compliance Permit, final plans for the installation of the pump station on Eubanks Road and the off-site sewer infrastructure necessary to provide service for this proposed subdivision be reviewed and approved by the Town Manager and OWASA. We also recommend that, prior to the issuance of a Zoning Compliance Permit, the applicant submit to the Town Manager for review and approval a plat dedicating all of the necessary easements for the pump station and associated sewer line infrastructure. We recommend that this plat be reviewed and approved by OWASA prior to recordation. These stipulations have been included in Resolutions A through E.

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. We also recommend that the final plans indicate that all utility lines shall be placed underground. Stipulations to this effect have been included in Resolutions A through E.

Fire: 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. We recommend that the maximum spacing between fire hydrants shall not exceed 500 feet. These recommendations are stipulated in Resolutions A through E.

Refuse Collection: The Town, upon annexation, would provide refuse collection. Resolutions A through E includes a stipulation that 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 believe the proposal, if developed in accordance with the stipulations in Resolutions A, B, C, D or E would meet or exceed all stated requirements in the Development Ordinance.

Application for Preliminary Plat

ATTACHMENT 3

Subdivision Intensity and Design Requirements

Comparison of Standard and Cluster Subdivision

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR LARKSPUR CLUSTER SUBDIVISION

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Larkspur Cluster Subdivision, proposed by Cazco Inc., on the property identified as Chapel Hill Township Tax Map 18, Lots 14 and 14A, if developed according to the preliminary site plan dated May 1, 2001, revised July 10, 2001 and October 29, 2001, 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.

Stipulations Specific to the Development

1. That this approval shall authorize the creation of 86 single-family lots, two private recreation areas and three opens spaces areas.

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 plansand plats shall indicate the specific lots and floor area restrictions for each lot on which size limitations are placed.

Required Improvements

3. Internal Streets/Sidewalks: That all internal streets are constructed to the following design standards:

Street Name	Right-of-Way Width	Street Width-Back of Curb to Back of Curb	Sidewalks
Ross Place	50 feet	25 feet	None
Bodega Court	50 feet	25 feet	One Side
Paradise Court	50 feet	27 feet	One Side
Hunter Hill Road	50 feet	31 feet	One Side
Larkspur Way (north of Hunter Hill Road)	50 feet	31 feet	One Side
Larkspur Way (south of Hunter Hill Road)	60 feet	35 feet	Two Side (except on the west side south of Lot 6)

4. Hunter Hill Road Construction (Northwood subdivision): That the 80 foot long unimproved section of Hunter Hill Road, in the Northwood subdivision, be improved with a 20-foot wide asphalt surface with ditches on both sided. The roadway sub base and asphalt-driving surface must be built to Town standards.

5. Hunter Hill Road Access: That the final plan and final plat include full vehicular and pedestrian access on Hunter Hill Road between the proposed development and the Northwood subdivision

6. Weaver Dairy Road Construction: That the portion of Weaver Dairy Road, as approved on the final plans for Northwoods V Phase II, be completed prior to the issuance of the second Certificate of Occupancy.

Stipulations Related to Recreation

7. Minimum Recreation Requirements: That a minimum of 12.74 acres of recreation area shall be provided for this development. Within this area the applicant shall dedicate public easements for the “Rail Trail” and the pedestrian trail. The applicant or Homeowners’ Association shall remain responsible for the recreation area, unless and until the Town assumes responsibility.

8. Dedication of Recreation Areas: That the applicant provide for Town Manager review and approval, a deed conveying to the Homeowners’ Association the 12.74 acres identified as “Private Recreation and Open Space Areas A and B.” These 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.

9. Dedication of “Rail Trail Easement”: That prior to the recordation of a final plat, the applicant shall dedicate to the Town a blanket construction, maintenance, and access greenway easement for the University Southern Railroad “Rail Trail.” The easement shall permit access for pedestrians, non-motorized vehicle use, and motorized wheelchairs. Unless determined otherwise by the Town Manager, the blanket easement shall encumber the entire 11.34-acre tract identified as “Private Recreation and Open Space Area A.” The easement document and boundary 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.

10. “Rail Trail” Construction: That except as note below, the Town shall be responsible for constructing and maintaining the “Rail Trail” between the southern and northern property line. The applicant shall be responsible for constructing the following portion of the “Rail Trail;”

· Approximately 200-feet of the “Rail Trail” where Larkspur Way comes closest to the railroad tracks. Location and length of this improvement shall be determined by the Town Manager.

The construction by the applicant shall include grading and stabilization of the trail bed only. This portion of the trail bed shall be a minimum of 16-feet in width and meet all AASHTO standards for construction of a bicycle facility. The construction of Larkspur Way shall include this trail improvement.

11. Dedication of Pedestrian Easements: That prior to the recordation of a final plat, the applicant shall dedicate to the Town, public pedestrian access easements at the following pedestrian trails:

b) The pedestrian trail at the end of Paradise Court (pedestrian access only); and

The pedestrian easement for (c) shall permit Town maintenance and public access for pedestrians, and non-motorized vehicle use, and motorized wheelchairs. At a minimum this easement shall be 16-feet in width and shall intersect with the “Rail Trail.”

The easement documents and boundaries shall be reviewed and approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and cross-referenced on the final plat.

12. Pedestrian Trail Construction: The that applicant, or Homeowners’ Association, shall be responsible for the entire construction and maintenance of the following pedestrian trails:

Pedestrian trails (a) and (b) shall be constructed as a natural 2 to 3 foot wide footpath, involving minimal land disturbance. Instead of constructing trail(s) (a) or (b), the applicant may provide a payment-in-lieu, in an amount to be determined by the Town Manager.

The applicant shall be responsible for construction of a portion of the following pedestrian trail;

The portion of this trail constructed by the applicant shall include approximately 200 feet of the trail. Location and length of this improvement shall be determined by the Town Manager. Construction by the applicant shall include grading and stabilization of the trail bed only. This portion of the trail bed shall be a minimum of 16-feet in width and shall meet all AASHTO standards for construction of a bicycle facility. The construction of the adjacent stormwater basin shall include this trail improvement

Stipulations Related to Resource Conservation District

13. 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.”

14. 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.

15. 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.

16. Construction Standards: That for encroachment(s) into the Resource Conservation District, including the Eubanks Road pump station project, 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.

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. That all grading associated with the construction of a residence be located entirely outside of the Resource Conservation District.

Stipulations Related to Steep Slopes

17. 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. These restrictions shall be referenced in the Homeowners’ Association documents.

Stipulations Related to Landscape Elements

18. Required Landscape Bufferyard: That, unless the Community Design Commission approves alternate bufferyards, the following landscape buffers are required for this subdivision:

· Type “D” landscape bufferyard (minimum 30-foot width) along the property’s frontage with Weaver Dairy Road and along the University Southern Railroad right-of-way;

· Type “C” landscape bufferyard (minimum 20-foot wide) along the north property line, adjacent to the property zoned Mixed-Use Office/Institutional-1; and

· Type “C” landscape bufferyard (minimum 40-foot wide) in “Open Space Areas M and N.”

19. Community Design Commission Approval: That the Community Design Commission shall approve any proposed alternate landscape bufferyards, prior to the issuance of a Zoning Compliance Permit.

20. 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 tree protection fencing between infrastructure construction and existing vegetation to be retained in the following locations:

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

21. Landscape Planting Plan: That a Landscape Planting Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The plan must indicate how the required bufferyards will meet the minimum landscape planting standards. The Landscape Planting Plan shall also include a plant list, indicating type, size and number of proposed plant.

Stipulations Related to Homeowners’ Association

22. 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 shall be cross-referenced on the final plat.

23. Eubanks Road Pump Station: That prior to the issuance of a Zoning Compliance Permit, final plans for the installation of the pump station on Eubanks Road and the off-site sewer infrastructure necessary to provide service for this proposed subdivision be reviewed and approved by the Town Manager and OWASA. That, the final plan application includes a recordable plat dedicating all of the necessary easements for the pump station and associated sewer line infrastructure.

24. 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.

25. 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.

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

27. 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.

28. Fire Hydrant Spacing: That maximum spacing between fire hydrants shall not exceed 500 feet, unless modified by the Town Manager.

Miscellaneous Related To Stormwater Management

29. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant submit a Stormwater Management Plan for review and approval by the Town Manager. The plan shall be based on the 1-year and 50-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards. All stormwater management improvements outside public right-of-way must be located within reserved storm drainageway easements and shall not be permitted within approved bufferyard areas.

30. Best Management Practices: That the applicant submits proposals of Best Management Practices (BMP’s) features to intercept and treat stormwater runoff from developed areas. Final design and locations shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. These features shall not be permitted within approved bufferyard areas.

31. Storm Drainage Inlets: That all public and private stormwater drainage curb hood/covers shall be pre-cast stating, “Dump No Waste! Drains to Jordan Lake”, in accordance with the specifications of the Town Standard Detail SD-5A.

Miscellaneous Stipulations

32. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle traffic will be managed, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. That the Construction Management Plan specify that no construction vehicles serving this site may use any existing streets within the Northwood subdivision.

33. 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.

34. 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.

35. 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.

36. As-Built Plans: That as-built plans in DXF binary format using State plane coordinates, shall be provided for street improvements and all other existing or proposed impervious surfaces prior to issuance of the first Certificate of Occupancy.

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

38. 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.

39. 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 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.

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

41. 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.

42. Construction Sign: That the applicant post a construction sign that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Building Permit, prior to the commencement of any land disturbing activities. The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background

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

44. 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 Larkspur Cluster Subdivision in accordance with the plans and conditions listed above.

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:

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. Hunter Hill Road Access: That in lieu of a full access public street, the final plan and plat include a 12-foot paved emergency vehicle driveway with bollards, also capable of bicycle and pedestrian access, between Larkspur Way and Hunter Hill Road, in Northwood Subdivision.

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

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. Required Landscape Bufferyard: That, unless the Community Design Commission approves alternate bufferyards, the following landscape buffers are required for this subdivision:

· Type “D” landscape bufferyard (minimum 30-foot width) along the property’s frontage with Weaver Dairy Road and along the University Southern Railroad right-of-way; and

· Type “C” landscape bufferyard (minimum 20-foot wide) along the north property line, adjacent to the property zoned Mixed-Use Office/Institutional-1 and in “Open Space Areas M and N.”

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

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. Conservation Easement: That the applicant dedicated to the Town a conservation easement over the portion of the site within the Resource Conservation District, excluding areas of the Resource Conservation District within private lots. The easement shall grant the Town the right to enter the property in order to implement a program of controlling invasive plant species.

3. Required Landscape Bufferyard: That, unless the Community Design Commission approves alternate bufferyards, the following landscape buffers are required for this subdivision:

· Type “D” landscape bufferyard (minimum 30-foot width) along the property’s frontage with Weaver Dairy Road and along the University Southern Railroad right-of-way; and

· Type “C” landscape bufferyard (minimum 20-foot wide) along the north property line, adjacent to the property zoned Mixed-Use Office/Institutional-1 and in “Open Space Areas M and N.”

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

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.

4. Required Landscape Bufferyard: That, unless the Community Design Commission approves alternate bufferyards, the following landscape buffers are required for this subdivision:

· Type “D” landscape bufferyard (minimum 30-foot width) along the property’s frontage with Weaver Dairy Road and along the University Southern Railroad right-of-way; and

· Type “C” landscape bufferyard (minimum 20-foot wide) along the north property line, adjacent to the property zoned Mixed-Use Office/Institutional-1 and in “Open Space Areas M and N.”

A RESOLUTION DENYING AN APPLICATION FOR A PRELIMINARY PLAT FOR LARKSPUR CLUSTER SUBDIVISION

BE IT RESOLVED by the Council of the Town of Chapel Hill that it fails to finds that the Larkspur Cluster Subdivision, proposed by Cazco Inc., on the property identified as Chapel Hill Township Tax Map 18, Lots 14 and 14A, if developed according to the preliminary site plan dated May 1, 2001, revised July 10, 2001 and October 29, 2001, 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 Larkspur Cluster Subdivision.

ISSUE	Resolution A Manager’s Preliminary Recommendation	Resolution B Planning Board’s Recommendation	Resolution C Parks and Recreation Commission’s Recommendation	Resolution D Greenways Commission’s Recommendation	Resolution E Bicycle and Pedestrian Advisory Board’s Recommendation
Full Vehicular Access: Hunter Hill Road from Northwoods	Yes	No (restricted to pedestrians and emergency vehicles	Yes	Yes	No (restricted to pedestrians and emergency vehicles
40-foot bufferyard yard adjacent to Northwoods	Yes	Yes	*	*	*
Conservation Easement over Resource Conservation District	No	*	*	Yes	*

	STAFF EVALUATION
LARKSPUR PRELIMINARY PLAT FOR CLUSTER SUBDIVISION	COMPLIANCE If approved as a Cluster Development	NON COMPLIANCE
Meets or Exceeds Minimum Lot Size	X
Meets or Exceeds Minimum Lot Width	X
Meets or Exceeds Minimum Lot Frontage	X
Lots Front on a Road Meeting Town Standards	X
Access Meets Section 14.5 of the Development Ordinance and the Design Manual	X
Circulation Meets Section 14.5 of the Development Ordinance and the Design Manual	X
Recreation Area Size Meets Section 17.9.2 of the Development Ordinance	X
Recreation Area Type Meets Section 17.9.3 of the Development Ordinance	X
Recreation Payment-in-Lieu, if Proposed, Meets Section 17.9.5 of the Development Ordinance	N/A
Recreation Area Exemption, if Proposed, Qualifies under Section 17.9.6 of the Development Ordinance	X
If Cluster Subdivision, Meets Cluster Provisions	X
Meets or Exceeds Minimum Landscape Buffers	X
Public Water and Sewer Available	*
If County Health Department Approval Needed, Received	N/A
Resource Conservation District Regulations	X
Watershed Protection District Regulations	N/A
Homeowners’ Association Proposal	X
Reservation of a School Site, if Applicable	N/A
Drainage Plan	X
Floor Area Restrictions under Section 13.11 of the Development Ordinance	X

SUBDIVISION DESIGN REQUIREMENTS	Larkspur Cluster Subdivision (As Currently Proposed)	Possible Design (If Developed as a Non-Cluster Subdivision)
Minimum Lot size	From 7,020 to 12,352 sq ft	10,000 sq feet minimum
Number of lots Max. # of lots will vary on individual sites -determined by min. lot size, min. lot width, recreation areas and roadway & utility infrastructure	86	Could vary depending on design
Minimum recreation requirements	12.74 acres (Minimum requirement is 5.23 acres.) Proposed 12.74 acres include land for the dedication of easement for Town “Rail Trail”	4.78 acres (12% required) Possible that “Rail Trail” easement located outside proposed recreation area and not provided by applicant as recreational amenity.
Minimum Lot Width	Lot widths range from 70 to 100 feet	65 foot minimum
Minimum Setbacks	Street 10 feet Interior 8 feet Solar 8 feet	Street 26 feet Interior 8 feet Solar 11 feet
Resource Conservation District Regulations	Proposed to comply (Proposal includes approximately 6,000 sq ft of land disturbance in RCD associated with necessary sewer construction.)	Compliance required Development with 10,000 sq ft lots may increase land disturbance within the RCD beyond the 6,000 sq ft of disturbance anticipated with the current application if lot ownership and building sites extends into the RCD.

AGENDA #3

MEMORANDUM

PROCESS

DESCRIPTION OF THE APPLICATION

EVALUATION OF THE APPLICATION

KEY ISSUES

ISSUE

Full Vehicular Access: Hunter Hill Road from Northwoods

Yes

Yes

Yes

No (restricted to pedestrians and emergency vehicles

40-foot bufferyard yard adjacent to Northwoods

Conservation Easement over Resource Conservation District

ATTACHMENTS

4. Resolution A (p. 30)

Application for Preliminary Plat

STAFF EVALUATION

LARKSPUR

COMPLIANCE

NON

COMPLIANCE

ATTACHMENT 3

Subdivision Intensity and Design Requirements

Comparison of Standard and Cluster Subdivision

SUBDIVISION

DESIGN REQUIREMENTS

Larkspur Cluster Subdivision

(As Currently Proposed)

Possible Design

(If Developed as a Non-Cluster Subdivision)

Stipulations Specific to the Development

Required Improvements

Stipulations Related to Recreation

Stipulations Related to Resource Conservation District

Stipulations Related to Steep Slopes

Stipulations Related to Landscape Elements

Stipulations Related to Homeowners’ Association

Miscellaneous Related To Stormwater Management

Miscellaneous Stipulations