TO: Mayor and Town Council
From: W. Calvin Horton, Town Manager
Subject: Public Hearing: Morgan Estates Subdivision - Application for Preliminary Plat Approval (File No. 7.122.B.17)
Date: November 18, 2002
Introduction
We have received a request for Preliminary Plat approval for the Morgan Estates Subdivision. The 11.02-acre site is located on the north side of Culbreth Road between Weyer Drive and Cobble Ridge Drive across from the Culbreth Ridge and Cobble Ridge Subdivisions. The applicant is proposing to develop 12 residential lots with access proposed from Culbreth Road and Westbury Drive. The site is located in the Residential-1 (R-1) zoning district and in the Watershed Protection District. The property is located in Orange County and is identified as Chapel Hill Township Map 122, Block B, Lot 17.
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.
Background
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 (single-family home with an accessory apartment), places of worship, child day care facilities, and non-profit recreation facilities are permitted uses on lots in the Residential-1 zoning district.
This is an application for a Preliminary Plat approval. 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 on a subdivision is quasi-judicial, with sworn testimony and evidence entered into the record. Please see the attached summary of key differences between legislative and quasi-judicial zoning decisions, prepared by Mr. David Owens of the 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.
Information regarding this application will be presented at tonight’s Public Hearing. The Development Ordinance directs that if, after consideration of the information, the Council decides that the application meets all the Development Ordinance requirements, the application must be approved. If the Council decides that the application does not meet all the Development Ordinance requirements, the application accordingly must be denied.
The application is for approval of a Preliminary Plat to subdivide 11.02 acres. The applicant is proposing to develop 12 residential lots. The site is located on the north side of Culbreth Road between Weyer Drive and Cobble Ridge Drive across from the Culbreth Ridge and Cobble Ridge Subdivisions. Access is proposed from Culbreth Road and Westbury Drive. A total of 49,209 square feet of recreation area is proposed for this subdivision.
The site is located in the Residential-1 (R-1) zoning district and in the Watershed Protection District. The property is located in Orange County and is identified as Chapel Hill Township Map 122, Block B, Lot 17.
Evaluation of this application centers on compliance with the subdivision regulations and standards in the Development Ordinance. 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 by the applicant’s proposal and recommended conditions.
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.
Based on our staff evaluation and comments received from Advisory Boards, we believe that the key issues concerning this proposed development are the following:
Culbreth Road Improvements: The subdivision application proposes direct access onto Culbreth Road. The applicant is proposing to construct a 35-foot road cross-section on Culbreth Road from edge of pavement on the north side of the road to the curb face of the south side. The improvements are proposed to extend from approximately 540 linear feet eastward, from the Morgan Estates Subdivision access road to the adjoining parcel, past Weyer Road.
Comment: We recommend that the applicant include a 5-foot sidewalk, built to Town standard, in the proposed improvements on the north side of Culbreth Road. Furthermore, we recommend that the applicant dedicate adequate right-of-way on this section of Culbreth Road to accommodate the recommended road width and one-foot beyond the sidewalk. We recommend that these improvements be made and have included a stipulation to this effect in Resolution A.
Land Use Management Ordinance Revision: We note that the Town Council has directed that a Fourth Draft of the Land Use Management Ordinance be prepared. When enacted, the Land Use Management Ordinance will replace the Town’s existing Development Ordinance. The date that the Land Use Management Ordinance will be enacted is uncertain but it is unlikely to be enacted before January 6, 2003. The Council has proposed that Preliminary Plats approved prior to the date of enactment of the Land Use Management Ordinance would be subject to the current Development Ordinance regulations.
Comment: We believe that the applicant’s development proposal will return to the Council for possible action on December 9, 2002. If the subdivision is approved prior to the enactment of the regulations, it will be subject to current regulations.
If the Fourth Draft is enacted before this application is approved, we believe the major effect of the proposed regulations involves the Resource Conservation District. A change in the boundary of the Resource Conservation District would mean that some of the proposed recreation area (currently not in the Resource Conservation District) would be partially in the Resource Conservation District. We note however, that this recreation area has been designed to provide access to Town-owned property and the future Morgan Creek Greenway. Because of that, we believe this is the best location for the recreation area, regardless of the Resource Conservation District boundary.
SUMMARY OF COMMENTS
We have attached a resolution that includes standard conditions of approval as well as special conditions that we recommend for this application. The key special conditions that we recommend are described in detail in the accompanying staff report. With this application, we believe that the Council could recommend approval.
The Manager’s recommendation incorporates input from all Town departments involved in review of the application.
SUBSEQUENT REGULATORY STEPS
Following is a brief outline describing the next steps in the development review process, should the Council approve the Preliminary Plat application:
1. Applicant receives the clerk-certified copy of the Council-adopted resolution;
2. Applicant submits detailed Final Plans and documentation, complying with Council stipulations. Information is reviewed by Town departments and the following agencies:
· Orange Water and Sewer Authority,
· Duke Power company,
· Public Service Company, and
· BellSouth.
3. Upon demonstration of compliance with remaining Council stipulations, Town staff issues a Zoning Compliance Permit authorizing site work. Permit includes conditions specific to the development and requires pre-construction conferences with Town staff;
4. Engineering Department issues an Engineering Construction Permit, authorizing work within the public right-of-way;
5. Applicant submits final plat application for Town review and approval. Once approved, the plat is recorded; and
6. Inspections Department issues Building Permits for development on individual lots and Certificates of Occupancy.
RECOMMENDATIONS
Recommendations are summarized below. Please see summaries of board actions and recommendations in the attachments.
Planning Board Recommendation: The Planning Board reviewed this subdivision proposal on November 12, 2002. A Summary of Planning Board Action will be provided to the Council as soon as it is available.
Transportation Board Recommendation: The Transportation Board reviewed this subdivision proposal on November 5, 2002. The Board voted 7 to 0 to recommend that the Council approve the application, without revisions, with the adoption of Resolution A.
Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this subdivision proposal on October 22, 2002. The Board voted 6 to 0 to recommend that the Council approve the application, without revisions, with the adoption of Resolution A.
Parks and Recreation Commission Recommendation: The Parks and Recreation Commission reviewed this subdivision proposal on September 20, 2002. The Commission voted 10 to 0 to recommend that the Council approve the application, without revisions, with the adoption of Resolution A.
Greenways Commission Recommendation: The Greenways Commission reviewed this subdivision proposal on September 25, 2002. The Commission voted 4 to 0 to recommend that the Council approve the application, without revisions, with the adoption of Resolution A.
Manager’s Preliminary Recommendation: Our preliminary recommendation is that the Council approve the Preliminary Plat application with the conditions listed in Resolution A.
Resolution B would deny the application.
ATTACHMENTS
1. Staff Report (p. 7).
2. Checklist of Compliance with Subdivision Regulations (p. 14).
4. Resolution B (p. 21).
5. Summary of Parks and Recreation Commission Action (p. 22).
6. Summary of Greenways Commission Action (p. 23).
7. Summary of Bicycle and Pedestrian Advisory Board Action (p. 24).
8. Summary of Transportation Board Action (p. 25).
9. Summary of Concept Plan Review (p. 26).
10. Subdivision Fact Sheet (p. 28).
11. Applicant Statement of Compliance (p. 30).
12. Letter From The Developer (p. 32).
13. Reduced Plans (p. 33).
14. Summary of Differences Between Legislative and Quasi-Judicial Zoning Decisions (p. 38).
Additional Information – Summary of Planning Board Action
STAFF REPORT
Subject: Public Hearing: Morgan Estates Subdivision - Application for Preliminary Plat Approval (File No. 7.122.B.17)
Date: November 18, 2002
Introduction
We have received a request for Preliminary Plat approval of Morgan Estates Subdivision. The 11.02-acre site is located on the north side of Culbreth Road between Weyer Drive and Cobble Ridge Drive across from the Culbreth Ridge and Cobble Ridge Subdivisions. The site is also west of Southbridge Subdivision. The applicant is proposing to develop 12 residential lots with access proposed from Culbreth Road and Westbury Drive. The site is located in the Residential-1 (R-1) zoning district and in the Watershed Protection District.
Attached is the Subdivision Fact Sheet, a letter from the developer, and reduced plans.
Background
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 (single-family home with an accessory apartment), places of worship, child day care facilities, and non-profit recreation facilities are permitted uses on lots in the Residential-1 zoning district subject to some restrictions. In this case, the applicant’s proposal is based on single-family dwelling use of these proposed lots. The property is located inside Town of Chapel Hill corporate limits.
Evaluation
We have reviewed the application for compliance with the standards of the Development Ordinance and offer the following evaluation:
GENERAL ISSUES
Existing Conditions: The 11.02-acre site is located on the north side of Culbreth Road between Weyer Drive and Cobble Ridge Drive. The site is also west of Southbridge Subdivision.
The site is located in the Residential-1 (R-1) zoning district and adjacent properties to the east, north and west are located in the Residential-1 (R-1) zoning district. The property to the south, across Culbreth Road, is zoned Residential-2 (R-2). A small portion of the property to the east is also zoned Residential-2 (R-2).
The site is located in the Watershed Protection District, which is the portion of Chapel Hill in the New Hope Watershed that drains to Jordan Lake. Article 10 of the Development Ordinance restricts the amount of impervious surface that may be built on a site in order to protect water quality.
The property is located in Orange County and is identified as Chapel Hill Township Map 122, Block B, Lot 17.
Adjacent properties to the east, north and west are located in the Residential-1 (R-1) zoning district, whereas the property to the south, across Culbreth Road, is zoned Residential-2 (R-2). A small portion of the property to the east is also zoned Residential-2 (R-2).
The site is undeveloped with mixed pine and hardwood vegetation, including a number of significant large diameter oaks, elms, beeches and poplars. The terrain generally slopes northward away from Culbreth Road towards Morgan Creek, moderately near Culbreth Road and becoming steeper towards the back of the site (16% slope). The elevation changes from 440 feet near Culbreth Road to 340 feet near Morgan Creek with and average slope of 9%.
Development Description: The applicant proposes to subdivide the 11.02-acre site into 12 lots with access from Culbreth Road as well as Westbury Drive through Southbridge Subdivision. Lot sizes are proposed to range from approximately 19,700 square feet to 80,400 square feet. The required minimum lot size in this zoning district is 17,000 square feet.
A 50-foot wide pedestrian connection and recreation area, totaling about 49,200 square feet on the northeastern and northern parts of the site respectively are proposed to be deeded to the Homeowners Association.
Sidewalks are proposed on both sides of the entrance drive on Culbreth Road and a sidewalk is proposed on the western side of the main road through the site.
We note that there is another major subdivision proposal, named Montclair Estates, has been submitted for Concept Plan Review, located immediately east of the proposed Morgan Estates Subdivision. The applicants have had discussions regarding a minor change to the shared property boundary location. The purpose of the discussion is to functionally improve the Culbreth Road entrance for both applicants (see Attachment).
TRANSPORTATION ISSUES
Access and Circulation: Vehicular access to the site is proposed from two points, across 50-feet of right-of-way to Culbreth Road and to Westbury Drive in the Southbridge Subdivision. We recommend that the dedicated right-of-way be shown on a recorded final plat prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
The new road is proposed to terminate at a stub-out on the eastern property line, between lot 3 and the proposed pedestrian connection to the recreation area (see Recreation section below). We recommend that the stubout be connected to a street in the proposed subdivision to the east, connecting back to Westbury Drive when the adjacent property is developed. We have included a stipulation to this effect in Resolution A. We note that a temporary T-turnaround is proposed for turnaround use before the stubout is connected. We recommend that the T-turnaround, and its associated easement, be removed when the stubout is connected to the anticipated subdivision development to the east. We have included a stipulation to this effect in Resolution A.
We recommend that signage be located at each roadway stub-out that indicates the roadway will be extended for future development, subject to the Town Manager’s approval. We have included a stipulation to this effect in Resolution A.
The applicant is proposing to construct a 27-foot wide road cross-section from back of curb to back of curb within a 50-foot right-of-way throughout the site. The applicant is also proposing to provide 5-foot sidewalks on both sides of the entrance drive from Culbreth Road and on the west side of the road through the rest of the subdivision. We recommend that the applicant provide roads built to Town standard with 30-inch curb and gutter and 5-foot sidewalks. We have included a stipulation to this effect in Resolution A.
Regarding the Culbreth Road frontage, the applicant is proposing to construct a 35-foot road cross-section on Culbreth Road from edge of pavement on the north side of the road to the curb face of the south side. The improvements are proposed to extend from approximately 540 linear feet eastward, from the Morgan Estates Subdivision access road to the adjoining parcel, past Weyer Road. We also recommend that a 5-foot sidewalk, built to Town standard, be constructed along the north side of this section of Culbreth Road. Furthermore, we recommend that the applicant dedicate adequate right-of-way on this section of Culbreth Road to accommodate the recommended road width and one-foot beyond the sidewalk. We recommend that these improvements be made and have included a stipulation to this effect in Resolution A.
The applicant is also proposing a 50-foot wide pedestrian/roadway connection to an undeveloped lot to the west, located between lots 10 and 11 on the southwestern part of the site. We recommend that the connection be dedicated as public right-of-way for a potential pedestrian trail or a potential vehicular connection, depending on future development proposals on the adjacent property. We have included a stipulation to this effect in Resolution A.
Traffic Impact: The requirement to prepare a Traffic Impact Analysis may be waived by the Town Manager only if all of the following conditions are met:
· Daily trip generation is less than 500 (or, for a change to an existing property that does not requiring rezoning, difference in daily trip generation is less than 500);
· No more than 250 vehicles per day (or, for a change to an existing property that does not requiring rezoning, no more than 250 vehicles per day) access an existing collector or local road;
· The total traffic, including background traffic and additional traffic from proposed new site or redeveloped property does not exceed an average of 150 vehicles per day on any unpaved road;
· The applicant submits a written request for a Traffic Impact Analysis waiver with appropriate supporting documentation including pedestrian/bicycle analysis, if applicable; and
· The Town Manager concurs with the request.
·
This development proposal generates approximately 150 trips per day and met the above required criteria for an exemption.
RECREATION ISSUES
Section 17.9.2 of the Chapel Hill Development Ordinance requires that the applicant provide 34,082 square feet of recreation area. The applicant is proposing to provide 49,209 square feet of recreation area in the northern and northeastern parts of the site.
The applicant is proposing a 50-foot wide pedestrian connection to a proposed recreation area, between lot 5 and the eastern property line. The applicant is proposing to deed the recreation area to the Homeowners Association. We recommend that a public access easement be granted to the Town for the entire recreation area. We furthermore recommend that public access be granted to build and maintain trails and that the following users be entitled to use the recreation area; pedestrians, users of non-motorized vehicles, and motorized wheelchairs. We have included a stipulation to this effect in Resolution A.
LANDSCAPING AND ARCHITECTURAL ISSUES
Buffers and Landscaping: Landscape buffers are not required by the Town’s Development Ordinance between single-family subdivisions or adjacent to vacant low-density residentially zoned property. The only location where a landscape bufferyard is required is adjacent to Culbreth Road. A 20-foot Type-C buffer is required along Culbreth Road. We require that this buffer be located on land owned and controlled by the Homeowner’s Association. We have included our standard stipulation requiring this landscape bufferyard and a Landscape Protection Plan in Resolution A.
It appears that off-site grading and landscaping will be required to complete internal road construction. We require that the applicant obtain offsite construction agreements, authorizing grading and landscaping, for any off-site work. In particular, the area required for building the connection to Westbury Drive, and the area required for building the connection to Culbreth Road will be required to have offsite construction agreements. These agreements must be approved by the Town Manager and recorded at the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
We require that a Homeowners’ Association be created for the purpose of owning and maintaining common areas, however designated, and that a Homeowners’ Association be approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office. We require that the Homeowners’ Association document be cross-referenced on the final plat. We have included a stipulation to this effect in Resolution A.
ENVIRONMENTAL ISSUES
Watershed Protection District: The proposed development is located in the Watershed Protection District. Impervious surface area (i.e. built-upon area) is restricted in the Watershed Protection District by Section 10.5.2 of the Development Ordinance. The Watershed Protection District is that portion of the New Hope Watershed that drains to Jordan Lake.
Development with a proposed density not exceeding 2 units/acre will satisfy the Low-Density Option of the Watershed Protection District regulations. This development is proposed to be 1.1 units per acre and therefore satisfies the Low Density Option. No further impervious surface limits are required.
Resource Conservation District: The proposed development is not located in the Resource Conservation District. The Resource Conservation District currently lies immediately outside the site, around a perennial stream to the north.
The fourth draft of the Land Use Management Ordinance will propose to expand the Resource Conservation District from 100 feet from the stream bank to 150 feet from the stream bank, or 3 feet above the floodplain, whichever is the greater linear distance. If this proposal is not approved prior to enactment of the Land Use Management Ordinance it would be subject to regulations that may include an expanded Resource Conservation District. If this condition occurs, the proposed recreation area may encroach upon the expanded Resource Conservation District.
We note that Town policy requires locating recreation area outside the Resource Conservation District. We believe that the applicant has enough extra recreation area that expanded Resource Conservation District would not have a significant impact on the development proposal.
Steep Slopes: Section 14.4.2 (Site Design) of the Development Ordinance addresses 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. Some northern portions of this site contain land slopes of between 10 and 45 percent. We recommend that any construction proposed in areas greater than 10% provide an explanation of how construction will address minimizing land disturbance on the steeper slopes. We have included a stipulation to this effect in Resolutions A.
Stormwater Management: We recommend that prior to the issuance of a Zoning Compliance Permit the applicant submit a Stormwater Management Plan. We recommend that the plan be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate not exceed the pre-development rate. We recommend that 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. We have included a stipulation to this effect in Resolution A.
We also believe that there may be opportunities to employ Best Management Practices, such as drainage swales and level spreaders, to meet both runoff rates and treatment requirements. We have included a stipulation in Resolution A 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 to be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
The applicant has proposed 30-foot reserved storm drainage-way easements around stormwater management improvements. We recommend that all stormwater management improvements, outside public right-of-way, be located inside reserved storm drainageway easements, per Town guidelines. We also recommend that these stormwater management features not be permitted within an approved bufferyard area. We have included a stipulation to this effect in Resolution A.
We recommend that the applicant provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended and must be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Erosion Control: We recommend that an erosion control plan for the site be approved by the Orange County Erosion Control Officer, and be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A. We note that the Town has a requirement that a letter of credit or bond be provided to ensure compliance with erosion control regulations.
UTILITY AND SERVICE ISSUES
Refuse Management: Resolution A includes a stipulation that a Solid Waste Management Plan, including provisions for recycling, should be submitted for review and approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.
Utilities: We recommend that detailed utility plans be reviewed and approved by OWASA, Duke Power Company, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Utility Lines: We recommend that all new utility lines be placed underground. The applicant has proposed that all electrical utility lines required to service the site will be placed underground. We have included a stipulation to this effect in Resolution A.
The applicant is proposing to provide to extend water and sanitary sewer connections to the site from the existing water and sewer connections stubbed out in Westbury Drive, to the east of the site. Both of the existing lines are adequately sized for the proposed development to tap.
Fire Safety: Prior to issuance of a Zoning Compliance Permit, a fire flow report, prepared and sealed by a registered professional engineer, will be required for review and approval by the Town Manager. We recommend that the maximum spacing between fire hydrants not exceed 500 feet. We have included a stipulation to this effect in Resolution A.
MISCELLANEOUS ISSUES
Construction Management: We recommend that a Construction Management Plan, indicating how construction vehicle traffic will be managed, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Small House Ordinance: Section 13.11 of the Development Ordinance requires that major subdivisions with 13 to 20 single family lots, shall contain no more than 1,350 square feet of floor area and an additional 10% of the dwelling units shall contain no more than 1,100 square feet of floor area at the time the units are initially conveyed. This subdivision proposal includes 12 lots and therefore does not meet the threshold that triggers compliance with these floor area restrictions.
Open Burning: We have included a stipulation in Resolution A requiring that no open burning associated with this development be permitted.
Plant Rescue: We have included a stipulation in Resolution A encouraging the developer to conduct a “plant rescue” after the issuance of a Zoning Compliance Permit and prior to the start of construction.
Comprehensive Plan: The Chapel Hill Land Use Plan, a component of the Comprehensive Plan, classifies this site and adjacent properties to the east, west, and north as low density residential (1-4 units/acre). The Land Use Category for properties to the south across Culbreth Road are classified as medium density residential (4-8 units/acre).
CONCLUSION
We believe the proposal, if developed in accordance with the stipulations in Resolution A would meet or exceed all stated requirements in the Development Ordinance.
Resolution B would deny the request.
Checklist of
Regulations and Standards
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STAFF EVALUATION |
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PRELIMINARY PLAT FOR MORGAN ESTATES SUBDIVISION |
COMPLIANCE
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NONCOMPLIANCE |
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Meets Minimum Lot Size |
Ö |
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Meets Minimum Lot Width |
Ö |
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Meets Minimum Lot Frontage |
Ö |
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Lots Front on a Road Meeting Town Standards |
Ö |
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Access Meets Section 14.5 of the Development Ordinance and the Design Manual |
Ö |
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Circulation Meets Section 14.5 of the Development Ordinance and the Design Manual |
Ö |
|
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Recreation Area Size Meets Section 17.9.2 of the Development Ordinance |
Ö |
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Recreation Area Type Meets Section 17.9.3 of the Development Ordinance |
Ö |
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If Cluster Subdivision, Meets Cluster Provisions |
N/A |
|
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Meets Minimum Landscape Buffers |
Ö With Condition |
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Public Water and Sewer Available |
Ö |
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If County Health Department Approval Needed, Received |
N/A |
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Resource Conservation District Regulations |
N/A |
|
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Watershed Protection District Regulations |
Ö |
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Homeowners’ Association Proposal |
Ö |
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Reservation of a School Site, if Applicable |
N/A |
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Stormwater Management Plan |
Ö |
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Floor Area Restrictions under Section 13.11 of the Development Ordinance |
N/A |
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N/A = Not Applicable prepared 10/15/02
* With approval of sewer plan.
RESOLUTION A
Manager’s Preliminary Recommendation,
Parks and Recreation Commission Recommendation,
Greenways Commission Recommendation,
Bicycle and Pedestrian Advisory Board Recommendation and
Transportation Board Recommendation
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR MORGAN ESTATES SUBDIVISION (File No. 7.122.B.17)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Morgan Estates Subdivision, proposed by The John R. McAdams Company, Inc., on the property identified as Chapel Hill Township Tax Map 122, Block B, Lot 17, (PIN # 9778-80-5682) if developed according to the preliminary site plan dated March 12, 2002, revised July 3, 2002, and the conditions listed below, would comply with the provisions of the Development Ordinance:
These findings are based on the following:
1. Expiration of Preliminary Plat: That this Preliminary Plat approval shall be valid for one year from the date of approval subject to reapproval by the Town Manager in accordance with the provisions of the Development Ordinance.
2. Number of Lots: That this approval shall authorize the creation of 12 lots on 11.02 acres.
3. Dedicated Right-of-Way: That all required dedicated right-of-way be shown on a recorded final plat, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
4. Stub-out to Adjacent Property: The new roadway shall be constructed to stub-out at the eastern property line between lot 3 and the pedestrian connection to the recreation area to be connected to the proposed subdivision to the east.
5. T-Turnaround: That the applicant shall provide a temporary T-Turnaround, large enough to accommodate service vehicles, straddling Lot 5 and the proposed pedestrian connection to recreation area, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
6. T-Turnaround Removal: That the applicant shall remove the T-Turnaround and associated easement when the stubout is connected to the anticipated subdivision development to the east.
7. Stub-out Signage: signage shall be located at each roadway stub-out that indicates the roadway will be extended for future development. The size, text, and color of the signs shall be subject to the Town Manager’s approval.
8. On-Site Road Improvements: That a 27-foot wide road, measured to back of curb to back of curb, with 30-inch wide curb and gutter and a 5-foot sidewalk on the west side of the road, within a 50-foot wide right-of-way, shall be built to Town Standard throughout the site, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
9. Culbreth Road Entrance Drive Sidewalk Improvements: That a 5-foot wide sidewalk shall be built to Town standard, on both sides of the main entrance driveway from Culbreth Road and on the west side, or outside, of the loop road throughout the remainder of the site, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
10. Culbreth Road Improvements: That a 35-foot road cross-section shall be built on Culbreth Road from edge of pavement on the north side of the road to the curb face of the south side. The improvements, including a 5-foot wide sidewalk on the north side of the road, shall extend from approximately 540 linear feet eastward, from the Morgan Estates Subdivision entry road to the adjoining parcel, past Weyer Road. The improvements shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
11. Culbreth Road Right-of-Way Dedication: That adequate right-of-way shall be dedicated on the Culbreth Road frontage, extending approximately 540 linear feet eastward, from the Morgan Estates Subdivision entry road to the adjoining parcel, past Weyer Road. The right-of-way width shall extend one-foot beyond the sidewalk.
12. Pedestrian / Roadway Right-of-Way: That the applicant shall dedicate a 50-foot wide right-of-way, between lots 10 and 11 to the adjacent property to the west, for a potential future pedestrian trail or a potential vehicular connection, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
13. Recreation Requirements: That the applicant shall provide recreation area (approximately 49,209 square feet) in the northern portion of the site, with access from a 50-foot wide pedestrian connection, located between lot 5 and the eastern property line, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. The land shall be deeded to the Homeowners’ Association when the Final Plat is recorded.
14. Town Recreation Easement: That the applicant shall grant a public access easement to the Town for the entire recreation area that provides public access to build and maintain trails and that the following users be entitled to use the public recreation area: pedestrians, users of non-motorized vehicles, and motorized wheelchairs.
Stipulations Related to Landscaping and Architectural Issues
15. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees will be removed and preserved and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
16. Tree Protection Fencing: That the limits of land disturbance with tree protection fencing shall be shown on the Landscape Protection Plan, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
17. Off-Site Grading: That off-site temporary construction agreements, authorizing grading and landscaping, shall be provided for any off-site work such as the area required for building the connection to Westbury Drive, and the area required for building the connection to Culbreth Road, which shall be approved by the Town Manager and recorded at the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.
18. Homeowners’ Association: That a Homeowners’ Association shall be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of common areas, however designated. The Homeowners’ Association documents shall be approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and shall be cross-referenced on the final plat.
Stipulations Related to Environmental Issues
19. Steep Slopes: That each submittal for Final Plan approval shall include a map showing lots and street segments on slopes of 10% or more, and indicating how the development and construction will comply with the steep slopes regulations in the Development Ordinance:
· for slopes of 10 - 15%, site preparation techniques shall be used which minimize grading and site disturbance;
· for slopes of 15 - 25%, demonstrate specialized site design techniques and approaches for building and site preparation; and
· for slopes of 25% or greater, provide a detailed site analysis of soil conditions, hydrology, bedrock conditions, and other engineering or environmental aspects of the site.
Each Final Plan application shall demonstrate compliance with the steep slopes regulations in the Development Ordinance. The Town Manager shall decide if the proposed building and site engineering techniques are appropriate. These restrictions shall be referenced in the Homeowners’ Association documents.
20. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager. The plan shall be based on the 1-year, 2-year, and 25-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.
21. Best Management Practices: That the applicant shall employ Best Management Practices, such as drainage swales and level spreaders, to manage the rate and quality of runoff, based on best available information from the NC State University Cooperative Extension. Final design and locations shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. These stormwater management features shall not be permitted within approved landscaped bufferyard areas.
22. Storm Drainageway Easement: That all stormwater management improvements, outside public right-of-way, shall be located inside reserved storm drainageway easements, per Town guidelines, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit
23. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
24. 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.
25. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
Stipulations Related to Utility and Service Issues
26. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, and for managing and minimizing construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
27. 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.
28. Utility Line Placement: That all new utility lines shall be placed underground. The applicant shall be required to indicate proposed off-site utility line routing and upgrades required to service the site on Final Plans, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
29. 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 Manager approval.
30. Fire Flow: That a fire flow report, shall be prepared and sealed by a registered professional engineer, and showing that flows meet the minimum requirements of the Town Design Manual, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
31. Fire Hydrant Spacing: That maximum spacing between fire hydrants shall not exceed 500 feet, subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
32. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle traffic will be managed, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
33. 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.
34. Plant Rescue: That the applicant consider conducting plant rescue activities on the site after the issuance of a Zoning Compliance Permit and prior to the start of construction.
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. Certificates of Occupancy: That no Certificates of Occupancy shall 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.
38. Street Names and Addresses: That the name of the development and its streets and house numbers be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
39. Construction Sign: That the applicant shall 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.
40. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
41. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED by the Council that the Council hereby approves the application for a Preliminary Plat for the Morgan Estates Subdivision in accordance with the plans and conditions listed above.
This the 18th day of November, 2002.
RESOLUTION B
(Denying the Application)
A RESOLUTION DENYING AN APPLICATION FOR A PRELIMINARY PLAT FOR MORGAN ESTATES SUBDIVISION (File No. 7.122.B.17)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it fails to finds that the Morgan Estates Subdivision, proposed by The John R. McAdams Company, Inc., on the property identified as Chapel Hill Township Tax Map 122, Block B, Lot 17, (PIN # 9778-80-5682) if developed according to the preliminary site plan dated March 12, 2002, revised July 3, 2002, and the conditions listed below, would comply with the provisions of the Development Ordinance:
(INSERT REASONS FOR DENIAL)
BE IT FURTHER RESOLVED that the Council hereby denies the application for Preliminary Plat Approval for the Morgan Estates Subdivision.
This the 18th day of November, 2002.