TO: Mayor and Town Council
From: W. Calvin Horton, Town Manager
Subject: Public Hearing: Avalon Park Subdivision, Application for Preliminary Plat Approval (File No.7.109..9P)
Date: November 18, 2002
Introduction
We have received a request for Preliminary Plat approval of the Avalon Park Subdivision. The 5.12 acre site is located on the north side of High School Road across from Chapel Hill High School, east of Homestead Road. The site is proposed for development of 10 residential lots served by a new public road. The property is located outside the Chapel Hill town limits but inside the Urban Services Boundary. The site is in the Residential-2 (R-2) zoning district and is identified as Chapel Hill Township Tax Map 109, Lot 9P.
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-2 zoning district in particular circumstances.
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 differ 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 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.
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 5.12 acres into residential lots. The applicant is proposing to develop 10 lots. The proposed average lot size is 14,520 square feet. Currently, the site is an undeveloped, open field. Access to the subdivision is proposed from High School Road with a new public road that forms a loop for vehicular circulation on the site.
The applicant is proposing to provide 20,035 square feet of land on the inside of the loop road for a neighborhood park to partially meet the Town requirement for recreation area. Additional recreational area is proposed to be satisfied with a payment-in-lieu for the remaining 6,702 square feet of required recreation area.
A portion of the site is located in a Resource Conservation District. The Resource Conservation District area occurs on the northwestern tip of the property associated with an off-site spring. There are no creeks or defined drainage ways on the site. The site is in Orange County and is identified as Chapel Hill Township Tax Map 109, Lot 9P.
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:
Annexation Request: We understand that the applicant is preparing a petition request that Avalon Park Subdivision be annexed by the Town of Chapel Hill.
Comment: This subdivision is outside the town limits and is inside the Urban Services Boundary. We expect that land within the Urban Service Boundary will ultimately be incorporated into the town limits with the expansion of city services. Public water and sewer lines are in the area and the applicant is proposing to provide these utilities to the proposed subdivision.
We believe that voluntary annexation of new developments is best accomplished prior to the selling of any lots. In this way, privatized services are not established. The New Hope Volunteer Fire Department currently serves the site. Private garbage pick-up services would need to be hired to serve the homes now. Recycling efforts would be voluntary at various County recycling locations. With annexation, garbage pick-up and recycling would be provided by Orange County Solid Waste.
We would encourage annexation prior to the sale of the new lots.
Recreation Area: The Development Ordinance requires that a major subdivision provide suitable land to be available to meet the active recreational needs of the new residents. The minimum requirement for recreation area varies by zoning district. The application proposes to satisfy the minimum.
Comment: A payment-in-lieu may be provided for recreation area if a developer of a subdivision, with the approval of Council, makes a payment to the Town for recreation land to serve the developments. A developer may make a partial payment in combination with the partial provision of recreation area if the Council determines that the combination is in the best interests of the citizens of the area to be served.
In this case, 26,737 square feet of recreation area is required. The application proposes 20,035 square feet of recreation area be provided on-site. In addition, the developer has amended this application to propose a payment-in-lieu of $9,015. We believe that this is a reasonable proposal.
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 new regulations, it will be subject to current regulations.
We believe that the regulatory changes in the Fourth Draft of the Land Use Management Ordinance regarding the Resource Conservation District could potentially impact this application, if it were to be considered under the new ordinance.
The Land Use Management Ordinance proposes to expand the Resource Conservation District boundary to 150 feet, at this location. The Resource Conservation District is identified on the subdivision proposal as a semi-circle 75 feet from the spring’s edge, five feet off the northeast property line. Accordingly, under current regulation, the Resource Conservation District extends approximately 70 feet into Lots 4 and 5. If the Resource Conservation District is expanded as proposed in the draft Land Use Management Ordinance, it appears that it would extend into the entirety of proposed Lots 4 and 5. They could not be created as individual new lots. The proposed subdivision road might also be impacted. We believe the subdivision would require redesign to accommodate the expanded Resource Conservation District, if this application were to be considered under the new ordinance.
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 proposal on September 3, 2002. The Board voted 10-0 to recommend four revisions to the proposed plans and that the Council approve the application with the adoption of Resolution B.
Below is a list of the four Panning Board recommendations in Resolution B.
1. That the Resource Conservation District portion of the Recreation Area located to the rear of lots 4 and 5 and crossed by a drainage easement not be counted toward satisfying the recreation requirement.
Comment: No land is proposed in the Resource Conservation District to satisfy the recreation area requirements. The applicant amends the application on November 13, 2002 and now proposes a payment-in-lieu for the remaining recreation area requirement.
2. That the Resource Conservation District area shall be part of individual homeowners’ lots and that a pedestrian corridor accessing the Resource Conservation District would no longer be needed except for maintenance in the stormwater easement.
A 30-foot stormwater drainage easement is proposed straddling Lots 4 and 5 from the subdivision road through the Resource Conservation District to the property line. This easement would not permit public access to the Resource Conservation District. Any maintenance involved for the stormwater drainage easement would be within the easement itself. The Resource Conservation District would be incorporated into Lots 4 and 5 increasing the acreage of land area in each.
Comment: We agree with the Planning Board that, in this case, the Resource Conservation District should be part of homeowners’ individual lots. Access to the Resource Conservation District would be available via the storm drainage way. We have included a stipulation in Resolutions A and B that would require the Resource Conservation District to be part of Lots 4 and 5.
3. That the applicant provide a payment-in-lieu for 6,702 square feet of recreation area as an alternative to providing the Resource Conservation District area as partial fulfillment of the Recreation Area requirement.
Comment: The Development Ordinance includes provisions which allow for a developer to make a partial payment for recreation area with Council approval. The amount is determined by the fair market value of the land being subdivided multiplied by the minimum amount of recreation area required. For this application, the applicant is proposing $9,015.
We have included a stipulation in Resolutions A, B, and E that the applicant make a partial payment-in-lieu for recreation area.
4. That a stipulation be included that would require the traffic island to be landscaped and maintained by the homeowners’ association.
The applicant has proposed a traffic island to aid in directing one-way automobile traffic around a subdivision loop road.
Comment: We agree with the Planning board that the subdivision entrance would be enhanced with the addition of landscaping within the traffic island. Resolutions A and B contain a stipulation to landscape and provide adequate drainage within the traffic island.
The island is in the public right-of-way and therefore an encroachment agreement between the homeowners and the Town must be provided prior to issuance of a Zoning Compliance Permit. It is recommended that maintenance be by the Homeowner’s Association. Resolution A includes these two recommendations.
Transportation Board Recommendation: The Transportation Board reviewed this proposal on September 17, 2002. The Board voted 6-0 to recommend two revisions to the proposed plans and that the Council approve the application with the adoption of Resolution C.
Below is a list of the two Transportation board recommendations in Resolution C:
1. Pedestrian easements should be signed.
Comment: We agree with the Transportation Board that pedestrian easements should be signed. Identification of the easement for public use encourages pedestrian usage and separates the corridor from similar surroundings. We have included this stipulation in Resolutions A and C.
2. Improvements to High School Road should include provisions for accommodating additional stormwater runoff.
Comment: The topography in this area runs downhill from east to west to the entrance driveway. The plans for this application only show existing stormwater facilities for the High School Road frontage along the proposed development site. We agree with the Transportation Board that additional research is required to determine additional locations of existing catch basins along High School Road and stormwater pipes under High School Road east of the proposed site. If additional improvements are indicated as a result of the analysis, we recommend that these facilities be installed prior to issuance of a Zoning Compliance Permit upon approval by the Town Manager.
A stipulation has been included in Resolutions A and C.
Resolutions A and C include the two recommendations from the Transportation Board.
Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this proposal on September 24, 2002. The Board voted 6-0 to recommend three revisions to the proposed plans and that the Council approve the application with the adoption of Resolution D.
Below is a list of the 3 Bicycle and Pedestrian Advisory Board recommendations in Resolution D:
1. That the pedestrian improvements within the pedestrian easement be located on the northern side of the easement corridor in order to avoid locating the improvements on or near the natural gas distribution lines within the easement.
Comment: We believe that it is important to provide opportunities for future pedestrian links between neighborhoods, neighborhood amenities, schools, and other pedestrian connectors. We have included the recommendation that the pedestrian easement be located within the northernmost part of the gas easement in Resolutions A and D.
2. To the extent permitted by the Public Service Company, the pedestrian easement be improved and made distinctive from the surrounding area, with Chapel Hill gravel, or other similar materials, in order to facilitate bicycling and walking.
Comment: We agree with the Bicycle and Pedestrian Advisory Board that the 20-foot pedestrian easement be improved with material that identifies the path as a pedestrian corridor and creates a distinction between the pedestrian easement and the remainder of the Public Service Company gas easement.
We have included this recommendation in Resolutions A and D.
3. That signage be installed at the entrance to the pedestrian easement indicating that the pedestrian corridor is for public use.
Comment: We agree that it would be desirable for signage to be installed at the pedestrian easement indicating the corridor may be used for public use. The Transportation Board and Parks and Recreation Commission also recommended signage for the easement. We have included this recommendation in Resolutions A, C, D, and E.
Parks and Recreation Commission Recommendation: The Parks and Recreation Commission reviewed this proposal on September 20, 2002. The Commission voted 10-0 to recommend four revisions to the proposed plans and that the Council approve the application with the adoption of Resolution A.
Below is a list of the four Parks and Recreation Commission recommendations in Resolution E:
1. The 6,785 square feet of recreation area proposed to be located in the Resource Conservation District area should not count toward the required active recreation area.
Comment: The applicant’s proposal has been amended and no longer includes recreation area in the Resource Conservation District.
2. A partial payment-in-lieu should be made to account for the remaining 6,702 square feet of required recreation area.
Comment: The Development Ordinance includes provisions which allow for a developer to make a partial payment for recreation area with Council approval. The amount is determined by the fair market value of the land being subdivided multiplied by the minimum amount of recreation area required. For this application, the applicant is proposing $9,015.
3. The two pedestrian easements should be increased to 20 feet in width. They should also be taken off of private lots and the land deeded to the homeowners’ association.
Comment: The Site Plan shows the pedestrian easement 20 feet wide with ten feet shared on each of the two lots containing the easement (lots 2 and 3 and lots 7 and 8). We agree with the Parks and Recreation Commission that pedestrian connections as part of subdivisions are best operated and maintained by the homeowners’ association. We recommend that public access ownership be deeded to the homeowners’ association and recorded on the Final Plat.
We have included a stipulation in Resolutions A and E that the pedestrian easements be owned and maintained by the Homeowners’ Association and that their location be recorded on the Final Plat.
4. The easements should be labeled as “Public pedestrian, non-motorized vehicle, and motorized wheelchair easement.”
Comment: We have included the requirement for labeling the pedestrian easements in all the resolutions.
Manager’s Preliminary Recommendation: Our preliminary recommendation is that the Council approve the Preliminary Plat application with conditions listed in Resolution A.
Resolution B would approve the application as recommended by the Planning Board.
Resolution C would approve the application as recommended by the Transportation Board.
Resolution D would approve the application as recommended by the Bicycle and Pedestrian Advisory Board.
Resolution E would approve the application as recommended by the Parks and Recreation Commission.
Resolution F would deny the application.
Avalon Park Subdivision
Preliminary Plat
DIFFERENCES AMONG RESOLUTIONS
|
ISSUE |
Resolution A Manager’s Preliminary Rec. |
Resolution B Planning Board Rec. |
Resolution C Transportation Board Rec. |
Resolution D Bicycle/ Ped Advisory Board Rec. |
Resolution E Parks & Rec Commission Rec. |
RCD count as Recreation Area |
No |
No
|
* |
* |
No |
RCD part of Subdivision Lots |
Yes, pedestrian corridor not needed to RCD |
Yes, pedestrian corridor not needed to RCD |
* |
* |
* |
Payment-in-Lieu for 6,702 SF of Rec. Space |
Yes |
Yes |
* |
* |
Yes |
Traffic Island Landscaped |
Yes |
Yes |
* |
* |
* |
2 Pedestrian Easements to be 20 ft. and deeded to the Homeowners” Assoc. |
Yes |
* |
* |
* |
Yes |
Label Ped. Easements with signage |
Yes |
* |
Yes |
Yes |
Yes |
Locate ped. easement on N. portion of gas easement |
Yes |
* |
* |
Yes |
* |
Ped. easement to be improved to facilitate biking and walking |
Yes |
* |
* |
Yes |
* |
High School Road analysis for stormwater facilities |
Yes |
* |
Yes |
* |
* |
1. Staff Report (p.12).
2. Checklist of Compliance with Subdivision Regulations (p.21).
4. Resolution B (p. 29).
5. Resolution C (p.30).
6. Resolution D (p. 31).
7. Resolution E (p. 32).
8. Resolution F (p. 33).
9. Summary of Planning Board Action (p. 34).
10. Summary of Transportation Board Action (p. 35).
11. Summary of Parks and Recreation Commission Action (p. 36).
12. Summary of Bicycle and Pedestrian Advisory Board Action (p. 37).
13. Summary of Concept Plan (p. 38).
14. Subdivision Fact Sheet (p. 40).
15. Payment-in-Lieu Letter from Applicant (p. 42).
16. Applicant Materials (p.43).
17. Area Map of Proposed Subdivision (p. 45).
18. Reduced Plans (p. 46).
19. Summary of Key Differences Between Legislative and Quasi-Judicial Zoning Decisions (p.50).
STAFF REPORT
Subject: Public Hearing: Avalon Park Subdivision –
Application for Preliminary Plat Approval (File No. 7.109..9P)
Date: November 18, 2002
Introduction
We have received a request for Preliminary Plat approval of the 5.12-acre Avalon Park Subdivision located on the north side of High School Road across from Chapel Hill High School, approximately 350 feet from the intersection of Homestead Road and High School Road. The applicant is proposing to develop 10 residential lots. Access to the site is proposed from a new public road.
An area of Resource Conservation District exists on the northern portion of the site. A gas easement is located on the ridge line between the two watersheds. The property is located in the Urban Services Boundary and the Residential-2 (R-2) zoning district. The site is in Orange County and is identified as Chapel Hill Township Tax Map 109, Lot 9P.
Attached are the Subdivision Fact Sheet, citizen letters, 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 (a dwelling unit with an accessory apartment), 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 is based on single-family dwelling use of these proposed lots. The property is located outside 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 5.12-acre site is currently an undeveloped, open field in the Residential-2 zoning district. Access to the subdivision is proposed from High School Road with a new public road that forms a “loop” for vehicular circulation on the site.
The site is located on the north side of High School Road across from the entrance to the Chapel Hill High School gymnasium. To the west are 2 duplexes and Homestead Road. To the east of the site is a vacant parcel owned by the Chapel Hill Board of Education. The site is crossed by a 50-foot Public Service Company gas easement. The Public Service Company gas easement runs along a ridge line. A natural gas transmission main line runs within this easement. An existing 30-foot OWASA sanitary sewer easement terminates on the western property line. A 6,785 square foot Resource Conservation District area occurs on the northwestern tip of the property associated with an off-site spring. There are no creeks or defined drainage ways on the site.
The site is mostly flat with steeper contours occurring in the Resource Conservation District where slopes increase to 15%. The site is divided in half by a ridge running east to west defining the start of two watersheds that eventually drain to Bolin Creek. One watershed drains to the north and crosses under Homestead Road. A spring exists approximately 5 feet north of the northern property line and has associated Resource Conservation District that extends 75 feet from the spring to the south. The second watershed flows south across High School Road.
Approximately 60 percent of the site is open field and 40 percent is woodlands with a mixture of pines and hardwoods. A “Rare” poplar tree with a trunk diameter of 36 inches at breast height (DBH) grows on the southern property line. The site contains several “Specimen” trees (diameter at breast height of 24 inches or more) including 4 oaks, 3 pines, 2 poplars, and a gum tree growing within the existing wooded areas on the site. These noteworthy trees occur along an old fence line adjacent to High School Road and within the existing tree line on moderate slopes near the Resource Conservation District. A 26-inch poplar is proposed to be removed for construction of the access road.
Adjacent to the site on the western side is zoned Residential-2. On the eastern side of the property is zoned Residential-1. Across High School Road is Chapel Hill High School zoned Residential-1.
Development Description: The applicant proposes to subdivided the 5.12-acre site into a 10-lot subdivision. Lot sizes are proposed to range from approximately 10,337 square feet to 17,940 square feet. The required minimum lot size in this zoning district is 10,000 square feet.
Vehicular access to the site is proposed from High School Road and includes a one-way loop road circling throughout the site. Sidewalk is proposed on the outside of the loop.
A 20-foot pedestrian easement is proposed across the site within the 50-foot gas easement. A 20,035 square foot recreation area is proposed for inside the subdivision road.
Lots 4 and 5 are proposed to contain the Resource Conservation District. There is no 100-year flood plain on the property.
TRANSPORTATION ISSUES
Access and Circulation: Vehicular access into the development is proposed from a single point off High School Road. The site plan proposes a circular road enclosing a recreation area on the inside of the circle and building lots on the outside.
The applicant is proposing road improvements along the High School Road frontage including a 33-foot wide cross-section for High School Road with Town standard curb and gutter and a 5-foot concrete sidewalk. The applicant is proposing a striped pedestrian cross-walk across High School Road at the subdivision entrance.
We believe these High School Road improvements are appropriate. We have included stipulations in Resolution A requiring the applicant’s proposal: a 33-foot wide cross-section with Town standard curb and gutter, a 5-foot concrete sidewalk constructed to Town standards, and the striped cross-walk.
The applicant is proposing two different cross-sections for the subdivision’s interior roads. The 2-way section of roadway, immediately off High School Road is proposed with a right-of-way width of 45 feet. The cross-section for the one-way section is proposed with an overall right-of-way of 35 feet, including a 5-foot sidewalk on the outer perimeter on the inside of the loop road. This proposal satisfies Town standards.
|
Town Standard Cross-Section for Two-Way Road |
Town Standard Cross-Section for One- Way Road |
|
Right-of-way: 45-foot to include a 22-foot pavement section, 30-inch curb and gutter and 5-foot sidewalk. |
Right-of-way: 35-foot to include a 18-foot pavement section with a 3-foot shoulder and adjacent 5-foot sidewalk, one side only
|
A stipulation with the recommendation that the Town Standard cross-section for both the one-way and two-way roads be employed for the design of the subdivision road is included in Resolution A.
A concrete traffic island is proposed at the junction of the one-way and two-way roads. We recommend that the island be landscaped. It would provide a more attractive entrance to the subdivision. If the island were landscaped, the applicant would be required to install a French drain to divert ground water away from the street sub-grade and pavement and it must be maintained by the homeowners. An encroachment agreement between the homeowners and the Town must be provided. The design and encroachment agreement would be submitted for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
We recommend that the applicant provide signage and on-street parking with a pavement marking plan prior to issuance of a Zoning Compliance Permit, for approval by the Town Manager. The sign plan should direct traffic flow on the one-way portion of the street and prohibit on-street parking along the two-way section of the street. The signs and pavement markings shall be installed by the applicant prior to acceptance of the street. A stipulation to this effect has been included in Resolution A.
A 20-foot non-motorized pedestrian easement is proposed for inclusion within the 50-foot gas easement across the site joining the Board of Education property on the east and Gurganus property on the west. On the west, the pedestrian easement is located between Lots 2 and 3. On the east, it is located between Lots 7 and 8.
We recommend approval of these pedestrian connections and the inclusion within the gas line easement across the entire site. We recommend that the pathway improvement be minimal. We recommend that the proposed pedestrian connection be located on land owned and controlled by a Homeowners’ Association. We have included a stipulation to this effect in Resolution A.
Traffic Impact: This application was exempted from a Traffic Impact Analysis submittal requirement. The requirement to prepare a full 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); and
· No more than 250 vehicles per day (or, for a change to an existing property that does not require rezoning, no more than 250 vehicles per day) access an existing collector or local road; and
· 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; and
· 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.
·
The development proposal generates approximately 100 trips per day and met the above required criteria for an exemption.
RECREATION ISSUES
The Development Ordinance requires that a certain percentage of subdivision land be set aside for recreation area for the residents. The Residential-2 zoning district for this development proposal requires .46 acres (26,737 square feet) of recreation area. Recreation area is proposed to be satisfied in two ways. The applicant is proposing to provide 20,035 square feet of land on the inside of the loop road for a neighborhood park and a payment-in-lieu for the remaining 6,702 square feet of recreation area.
The Development Ordinance requires that the recreation areas must be conveniently accessible to all residents of the subdivision and have at least fifty feet of frontage on at least one public street within the subdivision. The neighborhood park meets this requirement but is not large enough to satisfy the recreation requirement. The applicant amended the subdivision application on November 13, 2002 to include a payment-in-lieu proposal for $9,015 to satisfy the remainder of the recreation requirement. Town council acceptance of a payment-in-lieu for recreation area or a portion of required recreation area is a discretionary decision.
A 30-foot stormwater drainage easement is proposed between Lots 4 and 5. The Resource Conservation District is proposed to be parts of Lots 4 and 5. These two lots will need to be adjusted to accommodate this addition. A stipulation has been included in Resolution A to include the Resource Conservation District area as parts of Lots 4 and 5.
We recommend that the proposed recreation area be owned and controlled by the Homeowners’ Association. We have included a stipulation to this effect in Resolution A.
LANDSCAPING AND ARCHITECTURAL ISSUES
Buffers and Landscaping: The following landscape buffer is required for this subdivision:
· Type “C” landscape bufferyard (minimum 20-foot width) along the property’s frontage with High School Road.
We note that landscape buffers are not required adjacent to similar residential uses or residentially zoned vacant land. The north and west property lines abut residential uses. The east abuts residentially zoned vacant land. The High School Road bufferyard is proposed to be deeded to the Avalon Park Homeowners’ Association and maintained through the covenants and restrictions of the subdivision.
Resolution A includes a stipulation that the applicant provide the minimum landscape bufferyard requirement, as listed above, and deed the area to the Homeowners’ Association.
A stipulation has been included in Resolution A that the Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
We recommend that a planting plan identifying the plantings proposed to supplement the High School Road buffer be submitted as a part of Final Plan Review. A stipulation has been added to Resolution A to include a planting plan for the High School Road buffer prior to issuance of a Zoning Compliance Permit.
ENVIRONMENTAL ISSUES
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 6,800 square feet of Resource Conservation District is located on this site. The Resource Conservation District extends 75 feet from a spring that exists approximately 5 feet off the northern property line. A 70-foot semi-circle area extends onto the northern corner of the site from the spring.
The applicant has amended the application ( November 13, 2002) and proposes tha the Resource Conservation District area be part of Lots 4 and 5.
We recommend that no land disturbance be authorized in the Resource Conservation District. A stipulation has been included in Resolution A that states that prior to issuance of a Zoning Compliance Permit, requirements and standards of Subsection 5.6 of the Development Ordinance and all other applicable Resource Conservation District regulations must be met.
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 in the Resource Conservation District 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. These recommendations have been incorporated into Resolution A.
Steep Slopes: Subsection 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 20 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 for approval by the Town Manager. We recommend that the plan be based on the 1-year, 2-year, and 25-year storm events, for the 1-year frequency, 24-hour duration storm 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.
Runoff from the paved sections are proposed to be channeled to two stormdrainage systems and discharged into respective watersheds. One system (System 1) is proposed to capture stormwater from the front half of the site and discharge that runoff into the existing 24” concrete pipe under High School Road. The second system (System 2) will send stormwater to the north. The stormwater is proposed to be released at the outer edges of the Resource Conservation District. The recreation area is proposed to drain in the natural flow pattern with a catch basin at either end to capture the stormwater flowing from this area. These two catch basins are connected to underground pipes within 30-foot stormwater drainage easements.
A stipulation has been included in Resolution A that all stormwater pipes conveying water from the public right-of-way be included in 30-foot stormwater drainage easements. These easements shall be entitled “Reserved Storm Drainageway” and required for all engineered stormwater features located above and below ground including pipes, streams, and ditches that carry water to and from abutting properties. These drainage features and infrastructure within the “Reserved Storm Drainageway” shall be considered private. Private drainage features are the responsibility of the property owner.
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: Resolution A includes a stipulation that a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modification of the plan if necessary, 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. Resolution A also requires that all erosion control sediment basins, including associated clearing and grading, be located entirely outside of the Resource Conservation District.
UTILITY AND SERVICE ISSUES
Refuse Management: Orange County Solid Waste Management intends to provide biweekly curbside recycling services to all single-family residences in this proposed development if public roads are constructed to Town standards. Resolution A includes a stipulation that a Solid Waste Management Plan, including provisions for land clearing, construction waste, and recycling, should be submitted for review and approval prior to issuance of a Zoning Compliance Permit.
Utilities: Local utility companies have indicated that they can serve the site. 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 have included a stipulation to this effect in Resolution A.
Utility Lines: The existing 30-foot OWASA easement abutting the subdivision is proposed to be used to extend sanitary sewer lines to the proposed development. An easement on the site is proposed straddling Lots 1 and 2 on the west and Lots 6 and 7 on the east. In order to install sanitary sewer, a thirty foot swath is cleared for the utility corridor in these locations. The eastern portion appears to be open field whereas the western portion of the easement will require tree clearing. We recommend that tree protection fencing be installed along the cleared corridor where woods exist.
Overhead telephone lines occur on the south side of High School Road. The applicant proposes to bring an overhead line across High School Road. The internal lines will be underground.
The 8-inch sewer line will run in the roadway of the new access road. The sewer easement proposed between Lots 6 and 7 would not contain a sewer line.
We recommend that the necessary easements for sewer line infrastructure be dedicated. We recommend that this plat be reviewed and approved by OWASA prior to recordation. This stipulation has been included in Resolution A.
An 8-inch and 4-inch water lines are proposed to serve the development. The lines are located in the middle of the new road.
We recommend that all new utility lines shall be placed underground. We have included a stipulation to this effect in Resolution A.
Fire Safety: Fire protection is provided by the New Hope Volunteer Fire Department until such time as the property is annexed into the Town’s corporate limits. An existing hydrant is located across High School Road from the proposed subdivision. We note that the maximum spacing between fire hydrants is not to exceed 500 feet. This requirement is included in Resolution A.
A Fireflow Report demonstrating adequate fire flow and sealed by an engineer registered in the State of North Carolina must be provided for Town Manager review and approved prior to the issuance of a Zoning Compliance Permit. A stipulation has been included in Resolution A to this effect.
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: We note that this subdivision application does not meet the threshold that triggers compliance with the floor area restrictions of Section 13.11 of the Development Ordinance.
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 west and north as Low Residential (1-4 units per acre). The Land Use Category for properties to the south across High School Road and east is Institutional.
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 approve the application as recommended by the Planning Board.
Resolution C would approve the application as recommended by the Transportation Board.
Resolution D would approve the application as recommended by the Bicycle and Pedestrian Advisory Board.
Resolution E would approve the application as recommended by the Parks and Recreation Commission.
Resolution F would deny the application.
Checklist of
Regulations and Standards
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STAFF EVALUATION |
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PRELIMINARY PLAT FOR AVALON PARK SUBDIVISION |
COMPLIANCE
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NONCOMPLIANCE |
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Meets or Exceeds Minimum Lot Size |
Ö |
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Meets or Exceeds Minimum Lot Width |
Ö |
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Meets or Exceeds 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 |
Not proposed as cluster |
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Meets or Exceeds Minimum Landscape Buffers |
(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 |
Ö |
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Watershed Protection District Regulations |
N/A |
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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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Drainage 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 8/30/02
· With approval of sewer plan.
RESOLUTION A
Manager’s Preliminary Recommendation, Planning Board, Bicycle and Pedestrian
Advisory Board, and Parks and Recreation Commission Recommendation
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR AVALON PARK SUBDIVISION (File # 7.109..9P)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Avalon Park Subdivision, proposed by Mitchell, Westendorf, P.A., on the property identified as Chapel Hill Township Tax Map 109, Lot 9P, if developed according to the preliminary site plan dated January 29, 2002, revised June 4, 2002, and November 13, 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 10 lots on 5.12 acres.
Stipulations Related to Transportation Issues
3. New Road: That the new road shall be constructed:
· One-way portion: With a 35-foot right-of-way to include an 18-foot pavement section, 30-inch curb and gutter and a 5-foot sidewalk and a 3-footgrass strip on the outside of the loop road; and
· Two-way portions: With a 45-foot right-of-way to include a 22-foot pavement section, 30-inch curb and gutter and 5-foot sidewalk on both sides of the road.
4. High School Road: That the applicant improve High School Road along the project frontage to complete a 33-foot-wide cross-section with Town Standard curb and gutter and 5-foot concrete sidewalk.
5. Pavement Marking Plan: That the applicant submit a signage and pavement marking plan for on-street parking to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The signs and pavement markings shall be installed by the applicant prior to issuance of the first Certificate of Occupancy for a structure on the new lots.
6. Striped Pedestrian Cross-Walk: That the applicant provide a striped pedestrian cross- walk across High School Road at the new intersection, to be approved by the Town Manager.
7. Recreation Area: That the proposed Recreation Areas shall be owned and controlled by the Homeowners’ Association for fulfillment of the Recreation Area requirement. That a note be included on the plans and recorded on the final plat indicating that the Homeowners’ Association will be responsible for maintenance of the recreation areas.
8. Payment-in-Lieu for Minimum Recreation Requirements: That the developer provide a payment-in-lieu of providing a minimum of 6,702 square feet of recreation area for this development. The payment amount shall be approved by the Town Manager in accordance with the Development Ordinance, Section 17.9.5.
The recreation payment amount shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit and shall be paid prior to approval of the final plat.
9. Pedestrian Easement: That the pedestrian connections shall be provided as twenty-foot wide strips of land, deeded to the Homeowners’ Association. The strips of land shall contain a public pedestrian and non-motorized vehicular easement.
10. Pedestrian Easement Signage: That the easement should be labeled with signage that reads: “Public pedestrian, non-motorized vehicle, and motorized wheelchair easement.”
11. Required Landscape Bufferyard: The following landscape buffer is required for this subdivision:
Type “C” landscape bufferyard (minimum 20-foot width) along the property’s frontage with High School Road.
The landscape buffer shall be on land deeded to the Homeowners’ Association.
12. 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:
a) The required landscape bufferyard;
b) Along sewer easement clearing lines;
c) Adjacent to any construction within the Resource Conservation District; and
d) Between construction and rare and specimen trees to remain.
That all tree protection fencing shall be installed at a distance from the base of the tree equal to at least one foot per diameter at breast height (dbh) subject to the Town Manager approval.
13. Landscape Planting Plan: That a Landscape Planting Plan be approved by the Town Manager as part of Final Plans prior to issuance of a Zoning Compliance Permit. The plan must include evergreen plantings proposed to supplement the High School Road buffer. The Landscape Planting Plan shall also include a plant list, indicating type, size and number of proposed plants.
14. Clearing Limits: That the applicant indicate where silt fencing and/or continuous flagging will be installed along the proposed clearing limit lines.
15. 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.
16. Resource Conservation District 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.”
17. Resource Conservation District 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.
18. Buildable Lots: That no lot be created that would require a Resource Conservation District Variance in order to be built upon.
19. Restrictions in the Resource Conservation District: All required erosion control sediment basins and stormwater improvements, outside the public right-of-way, including associated clearing and grading, shall be located entirely outside of the Resource Conservation District. All grading associated with the construction of a residence shall be located entirely outside of the Resource Conservation District.
20. 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.
21. Stormwater Management Plan: That a Stormwater Management Plan shall be approved by the Town Manager prior to issuance of a zoning compliance Permit. Based on the 1-year, 2-year, and 25-year storms, the post-development stormwater run-off rate shall not exceed the pre-development rate. Depending on the development site location, size in area and the condition of the existing conveyance system and associated lands, the Manager may waive or change the peak discharge rate criteria in part or in whole if, based on an approved Stormwater Management Plan, it is demonstrated that detention would intensify existing peak discharges or may cause other problems on abutting or downstream properties. In addition, the plans shall show all storm drainage outlets and address any impact the stormwater from these outlets may have on abutting properties.
22. 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.
23. Best Management Practices: That the applicant utilize best management practices (BMP’s), as approved by the NC Division of Water Quality (NCDWQ) and the Town Manager, to treat stormwater runoff from all improved 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 or the Resource Conservation District.
24. Storm Drainageway Easement: That a 30-foot minimum easement titled “Reserved Storm Drainageway” shall be required for all engineered stormwater features located above and below ground including pipes, streams, and ditches that carry water to and from abutting properties.
Unless specifically designated by the Town as “Public” the drainage features and infrastructure within the “Reserved Storm Drainageway” shall be considered private and are the responsibility of the property owner. Drainage easements are not required for drainage structures and conveyance systems that handle internal stormwater runoff within a single lot or parcel.
25. 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.
26. 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.
All erosion control sediment basins, including associated clearing and grading, shall be located entirely outside of the Resource Conservation District.
Stipulations Related to Utility and Service Issues
27. High School Road Stromwater Facilities Analysis: That the applicant conduct an analysis of High School Road stormwater facilities. If the analysis warrants additional curb inlets or other facilities, the applicant shall provide for these facilities and their locations to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
28. 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.
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 approval.
30. Placement of Utility Lines Underground: That the final plans indicate that all new utility lines shall be placed underground.
31. 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.
32. Fire Hydrant Spacing: That maximum spacing between fire hydrants shall not exceed 500 feet, unless modified by the Town Manager.
33. Solid Waste Management Plan: That a Solid Waste Management Plan, and a plan for land clearing and 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.
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 buildings, parking lots, 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 after the issuance of a Zoning compliance Permit and prior to the start of construction.
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. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
40. 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.
41. 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.
42. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
43. 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 Avalon Park Subdivision in accordance with the plans and conditions listed above.
This the day of , 2002.
RESOLUTION B
Planning Board Recommendation
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR AVALON PARK SUBDIVISION (File # 7.109..9P)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Avalon Park Subdivision, proposed by Mitchell, Westendorf, P.A., on the property identified as Chapel Hill Township Tax Map 109, Lot 9P, if developed according to the preliminary site plan dated January 29, 2002, revised June 4, 2002,and November 13, 2002, and the conditions listed below, would comply with the provisions of the Development Ordinance:
These findings are based on the following:
1. Resolution A: That all stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.
2. Recreation Area: that the Resource Conservation District located at the rear of Lots 4 and 5 and crossed by a drainage easement not be counted toward satisfying the recreation requirement.
3. Resource Conservation District Location: That the Resource Conservation District shall be part of individual homeowner lots 4 and 5 and not counted toward the Recreation requirement.
4. Payment-in-Lieu: that the applicant provide a payment-in-lieu for 6,702 square feet of recreation area.
5. Landscaped Traffic Island: that the traffic island be landscaped and maintained by the Homeowners’ Association.
BE IT FURTHER RESOLVED that the Council hereby approves the application for Preliminary Plat Approval for the Avalon Park Subdivision.
This the day of , 2002.
RESOLUTION C
Transportation Board Recommendation
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR AVALON PARK SUBDIVISION (File # 7.109..9P)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Avalon Park Subdivision, proposed by Mitchell, Westendorf, P.A., on the property identified as Chapel Hill Township Tax Map 109, Lot 9P, if developed according to the preliminary site plan dated January 29, 2002, revised June 4, 2002, and November 13, 2002, and the conditions listed below, would comply with the provisions of the Development Ordinance:
These findings are based on the following:
1. Resolution A: That all stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.
2. Pedestrian Easement: That the pedestrian easements shall be identified with signage.
3. Improvements to High School Road: That improvements to High School Road should include provisions for accommodating additional runoff.
BE IT FURTHER RESOLVED that the Council hereby approves the application for Preliminary Plat Approval for the Avalon Park Subdivision.
This the day of , 2002.
RESOLUTION D
Bicycle and Pedestrian Advisory Board Recommendation
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR AVALON PARK SUBDIVISION (File # 7.109..9P)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Avalon Park Subdivision, proposed by Mitchell, Westendorf, P.A., on the property identified as Chapel Hill Township Tax Map 109, Lot 9P, if developed according to the preliminary site plan dated January 29, 2002, revised June 4, 2002, and November 13, 2002, and the conditions listed below, would comply with the provisions of the Development Ordinance:
These findings are based on the following:
1. Resolution A: That all stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.
2. Pedestrian Location Improvements: That pedestrian improvements within the pedestrian easement be located on the northern side of the easement corridor.
3. Pedestrian Improvements: That to the extent permitted, the pedestrian easement be improved and made distinctive from the surrounding area in order to facilitate walking and bicycling.
4. Pedestrian Easement Signage: That signage be installed at the entrances to the pedestrian easements indicating that the pedestrian corridor is for public use.
BE IT FURTHER RESOLVED that the Council hereby approves the application for Preliminary Plat Approval for the Avalon Park Subdivision.
This the day of , 2002.
RESOLUTION E
Chapel Hill Parks and Recreation Commission Recommendation
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR AVALON PARK SUBDIVISION (File # 7.109..9P)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Avalon Park Subdivision, proposed by Mitchell, Westendorf, P.A., on the property identified as Chapel Hill Township Tax Map 109, Lot 9P, if developed according to the preliminary site plan dated January 29, 2002, revised June 4, 2002, and November 13, 2002, and the conditions listed below, would comply with the provisions of the Development Ordinance:
These findings are based on the following:
1. Resolution A: That all stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.
2. Pedestrian Location Improvements: That pedestrian improvements within the pedestrian easement be located on the northern side of the easement corridor.
3. Pedestrian Improvements: That to the extent permitted, the pedestrian easement be improved and made distinctive from the surrounding area in order to facilitate walking and bicycling.
4. Pedestrian Easement Signage: That signage be installed at the entrances to the pedestrian easements indicating that the pedestrian corridor is for public use.
BE IT FURTHER RESOLVED that the Council hereby approves the application for Preliminary Plat Approval for the Avalon Park Subdivision.
This the day of , 2002.
RESOLUTION F
Denying the Application
A RESOLUTION DENYING AN APPLICATION FOR A PRELIMINARY PLAT FOR AVALON PARK SUBDIVISION (File # 7.109..9P)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Avalon Park Subdivision, proposed by Mitchell, Westendorf, P.A., on the property identified as Chapel Hill Township Tax Map 109, Lot 9P, if developed according to the preliminary site plan dated January 29, 2002, revised June 4, 2002, and November 13, 2002, and the conditions listed below, would not comply with the provisions of the Development Ordinance:
These findings are based on the following:
(INSERT REASONS FOR DENIAL)
BE IT FURTHER RESOLVED that the Council hereby denies the application for Preliminary Plat Approval for the Avalon Park Subdivision.
This the day of , 2002.