AGENDA #7
MEMORANDUM
TO: Mayor and Town Council
From: W. Calvin Horton, Town Manager
Subject: Morgan Estates Subdivision: Application for Preliminary Plat Approval (File No. 7.122.B.17)
Date: January 13, 2003
INTRODUCTION
Tonight the Council continues the Morgan Estates Subdivision Public Hearing from November 18, 2002, regarding a Preliminary Plat application to authorize the subdivision of 11.02 acres into 12 residential lots. Adoption of Resolution A, B, or C would approve a Preliminary Plat application with conditions. Adoption of Resolution D would deny the request.
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This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
¨ Cover Memorandum: Provides background information on the development proposal and the Town’s review process, presents evidence in the record thus far in support of and in opposition to approval of the application, and offers recommendations for Council action.
¨ Attachments: Includes comments on issues raised during the November 18 Public Hearing, a letter from Richard Gaylord Homes, an area map, and a copy of the Public Hearing memorandum and its related attachments.
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Background
On November 18, 2002, a Public Hearing was held for consideration of a Preliminary Plat application to authorize the creation of 11.02 acres into 12 lots for residential construction. 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. Two points of access are proposed to serve the site, from Culbreth Road and Westbury Drive, terminating in a T-turnaround and stub-out.
PROCESS
This is an application for a Preliminary Plat. The Development Ordinance requires the Town Manager to conduct an evaluation of this 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 regarding its compliance with the standards and regulations of the Development Ordinance; we have presented a report to the Planning Board; and on November 18 we submitted our report and 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 of a subdivision is quasi-judicial, with sworn testimony and evidence entered into the record. Please see the attached summary of key differences between legislative and quasi-judicial zoning decisions, prepared by Mr. David Owens of the Institute of Government and attached to the November 18 Public Hearing memorandum.
The standard of review and approval of a Preliminary Plat application involves comparing the application with the regulations and standards in the Development Ordinance. The review typically focuses on vehicular and pedestrian access and circulation, traffic impact, public improvements, lot standards, and recreation area.
evaluation of the application
Evaluation of this application centers on compliance with the subdivision regulations and standards in the Development Ordinance. We have attached a checklist of the Town’s subdivision regulations (part of Attachment #7). The checklist indicates which of the Town’s regulations are satisfied with 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.
KEY ISSUES
We believe that the key issues raised during the November 18 Public Hearing focused on sidewalks, restrictions on house size, and affordable housing. We offer additional information on these issues below.
Sidewalk Issues: A Council member asked for the names of development proposals where payments-in-lieu of sidewalks have been received before.
Comment: Payments-in-lieu have been received for sidewalks for the Ashley Forest and Columbia Place developments. Typically sidewalk construction is required as part of developments.
Restricted Floor Area Housing/Affordable Housing: Council members requested that the applicant return with a proposal for restricted floor area housing or affordable housing.
Comment: The applicant has responded with a letter (see Attachment #4) offering either: 1) accessory units (not exceeding 750 square feet each) attached to each of 12 dwelling units; or 2) a $52,500 contribution to support affordable housing initiatives.
The Development Ordinance includes regulations for subdivisions that propose more than 12 lots, which would restrict the house size of 25 percent of the new dwellings for one year. This application proposes 11 new lots. On January 6 the Council discussed lowering the threshold to 5 lots and gave direction to revise the Final Draft of the Land Use Management Ordinance accordingly. We note that the Council also offered direction to increase the length of time that size restrictions apply.
The Development Ordinance currently offers an option for satisfying the requirement of 25 percent of the new dwellings with size restrictions. In lieu of providing 25 percent restricted floor area houses, the developer may offer to provide 15 percent of the homes as affordable. We note that the Town has a Comprehensive Plan strategy that states: “As a general policy, the Town should encourage developers of residential developments of five or more units to 1) provide 15 percent of their units at prices affordable to low and moderate income households, 2) contribute in-lieu fees, or 3) propose alternative methods so that the equivalent of 15 percent of the units will be available and affordable to low and moderate income households.”
We believe that the applicant’s offer to subsidize an affordable dwelling unit offsite is reasonable. We note that the Council, on January 6, suggested that the new Land Use Management Ordinance contain an option to allow a developer to make a payment-in-lieu of providing affordable housing if the size of the subdivision is between 5 and 13 lots. We recommend that the applicant consider contributing the $52,500 to the Town’s Revolving Acquisition Fund for affordable housing, rather than Orange Community Housing and Land Trust. We believe that the Council can effectively disburse funds, from the Town’s Revolving Acquisition Fund, for affordable housing in the community to the appropriate agencies as needed. If the applicant is willing to contribute the $52,500 to the Revolving Acquisition Fund, we recommend the following stipulation in Resolution A:
· Contribution for Affordable Housing: That the applicant shall provide $52,500 to the Town’s Revolving Acquisition Fund to subsidize affordable housing, prior to the issuance of a Zoning Compliance Permit.
We note that Robert Dowling of Orange Community Housing and Land Trust provided the following figures for recent affordable housing subsidies: 1) Legion Road Townhomes, $58,000, and 2) Meadowmont Townhomes, $52,500. These subsidy figures represent the amount that was deducted from full priced units to make them affordable to 3-person families earning 80% or less of median family income, for the Raleigh-Durham-Chapel Hill Metropolitan Statistical Area (MSA), at Legion Road Townhomes and Meadowmont Townhomes. The subsidies include both the cost of land and the dwelling unit.
RECOMMENDATIONS
Recommendations are summarized below. Please see the attached summaries of board actions and recommendations. The Planning Board Summary of Action is part of Attachment 7.
Planning Board Recommendation: The Planning Board reviewed this proposal on November 12, 2002, and voted 9-0 to recommend that the Council approve the application with the following revisions.
Resolution B includes the following recommended condition of the Planning Board:
1. That the stipulation regarding Culbreth Road improvements be revised to require the applicant to provide a 50% payment-in-lieu to the Town for the estimated costs of the design and construction of the required 5-foot wide sidewalk, extending approximately 540 linear feet eastward from the Morgan Estates Subdivision entry road to the adjoining parcel, past Weyer Road.
Comment: We continue to recommend that the applicant be required to provide the sidewalk along the Culbreth Road frontage. Accepting payments-in-lieu for sidewalk construction can be problematic because it requires an estimate of costs for design and construction work, with the Town or another entity then required to construct the sidewalk at a later date. If the estimated payment-in-lieu falls short of actual cost, the Town would be required to pay the additional amount.
Transportation Board Recommendation: The Transportation Board reviewed this subdivision proposal on November 5, 2002. The Board voted 7-0 to recommend that the Council approve the application, without revisions, with the adoption of Resolution A. The Transportation Board Summary of Action is part of Attachment 7.
Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this subdivision proposal on October 22, 2002. The Board voted 6-0 to recommend that the Council approve the application, without revisions, with the adoption of Resolution A. The Bicycle and Pedestrian Advisory Board Summary of Action is part of Attachment 7.
Parks and Recreation Commission Recommendation: The Parks and Recreation Commission reviewed this subdivision proposal on September 20, 2002. The Commission voted 10-0 to recommend that the Council approve the application, without revisions, with the adoption of Resolution A. The Parks and Recreation Commission Summary of Action is part of Attachment 7.
Greenways Commission Recommendation: The Greenways Commission reviewed this subdivision proposal on September 25, 2002. The Commission voted 4-0 to recommend that the Council approve the application, without revisions, with the adoption of Resolution A. The Greenways Commission Summary of Action is part of Attachment 7.
Manager’s Revised Recommendation: We recommend that the Council approve this Preliminary Plat application with the conditions listed in Resolution A. Furthermore, we recommend that the following new stipulations be included in Resolution A as part of the Manager’s Revised Recommendation:
· Contribution for Affordable Housing: That the applicant shall provide $52,500 to the Town’s Revolving Acquisition Fund to subsidize affordable housing, prior to the issuance of a Zoning Compliance Permit.
· Pedestrian Trail Signage: That the applicant shall provide pedestrian trail signage identifying the trail at all points of entry. The signs shall comply with sign design standards contained in the Development Ordinance.
· Culbreth Road Bicycle Facility Requirements: That the applicant shall provide wide outside lanes to accommodate bicycle traffic, on the portion of the north side of Culbreth Road where other road improvements are required, built to Town standard, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. This wide outside lane shall fulfill on-street bicycle facility requirements, adopted by the Town Council, September 24, 2001, amended September 25, 2001.
The Council criteria for determining the appropriate on-street bicycle facilities are as follows:
- Roads with 35 mph and 45 mph speed limits
- Intersections are minimal, with limited cross traffic
- Few driveway cuts
- Limited turning movements
- Descents with high speeds (>25 mph) are not an issue.
Culbreth Road does not meet all of the above criteria and, therefore, we believe the appropriate on-street bicycle facilities for this location are wide outside lanes, without typical bicycle lane striping.
Resolution A has been revised to include conditions for a contribution to affordable housing, pedestrian trial signage, and for wide outside lanes to fulfill on-street bicycle facility requirements.
Resolution B would approve the application as recommended by the Planning Board.
Resolution C would approve the application as recommended by the Transportation Board, the Parks and Recreation Commission, the Greenways Commission, and the Bicycle and Pedestrian Advisory Board.
Resolution D would deny the application.
Morgan Estates Subdivision
Preliminary Plat
DIFFERENCES AMONG RESOLUTIONS
ISSUE |
Resolution A Manager’s Revised Recommendation |
Resolution B Planning Board Recommendation |
Resolution C 1) Transportation Board Recommendation; 2) Parks and Recreation Commission Recommendation; 3) Greenways Commission Recommendation, and 4) Bicycle and Pedestrian Advisory Board Recommendation. |
Require applicant to construct sidewalk on Culbreth Road Frontage |
Yes |
No |
Yes |
Require applicant to provide 50% Payment-in-Lieu of construction of sidewalk required on Culbreth Road Frontage |
No,Build Sidewalk |
Yes |
No,Build Sidewalk |
Provide pedestrian trail signage |
Yes |
* |
* |
Require wide outside lane to fulfill requirement for on-street bicycle facilities |
Yes |
* |
* |
Accept $52,500 for affordable housing |
Yes |
* |
* |
RESOLUTION A
Manager’s Revised Recommendation
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR MORGAN ESTATES SUBDIVISION (2003-01-13/R-8a)
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’s 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 Bicycle Facility Requirements: That the applicant shall provide wide outside lanes to accommodate bicycle traffic, on the portion of the north side of Culbreth Road where other road improvements are required, built to Town standard, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. This wide outside lane shall fulfill on-street bicycle facility requirements, adopted by the Town Council, September 24, 2001, amended September 25, 2001.
12. 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.
13. 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.
14. 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.
15. 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.
16. Pedestrian Trail Signage: That the applicant shall provide pedestrian trail signage identifying the trail at all points of entry. The signs shall comply with sign design standards contained in the Development Ordinance.
Stipulations Related to Housing Issues
17. Contribution for Affordable Housing: That the applicant shall provide $52,500 to the Town’s Revolving Acquisition Fund to subsidize affordable housing, prior to the issuance of a Zoning Compliance Permit.
Stipulations Related to Landscaping and Architectural Issues
18. 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.
19. 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.
20. 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.
21. 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
22. 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.
23. 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.
24. 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.
25. 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
26. 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.
27. 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.
28. 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
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. Open Burning: That the open burning of trees, limbs, stumps and construction debris associated 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.
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. 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.
39. 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.
40. 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.
41. Street Names and Addresses: That the name of the development and its streets and house numbers be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
42. Construction Sign: That the applicant 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.
43. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
44. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED 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 13th day of January, 2003.
RESOLUTION B
Planning Board Recommendation
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR MORGAN ESTATES SUBDIVISION (2003-01-13/R-8b)
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:
1. Resolution A: That all stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.
That the following Stipulations in Resolution A shall be revised:
2. Culbreth Road Improvements: That the applicant shall provide a 50% payment-in-lieu of the provision of a sidewalk along the north side of Culbreth Road rather than providing the sidewalk. Accordingly, Stipulation #10 shall be revised as follows:
“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 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.
“The applicant shall provide a payment-in-lieu to the Town for 50% of the estimated costs for the design and construction of required sidewalk improvements running the same linear distance as the other Culbreth Road improvements above.”
That Stipulations 11, 16, and 17 in Resolution A shall be removed:
Culbreth Road Bicycle Facility Requirements: That the applicant shall provide wide outside lanes to accommodate bicycle traffic, on the portion of the north side of Culbreth Road where other road improvements are required, built to Town standard, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. This wide outside lane shall fulfill on-street bicycle facility requirements, adopted by the Town Council, September 24, 2001, amended September 25, 2001.
Pedestrian Trail Signage: That the applicant shall provide pedestrian trail signage identifying the trail at all points of entry. The signs shall comply with sign design standards contained in the Ordinance.
Contribution for Affordable Housing: That the applicant shall provide $52,500 to the Town’s Revolving Acquisition Fund to subsidize affordable housing, prior to the issuance of a Zoning Compliance Permit.
BE IT FURTHER RESOLVED 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 13th day of January, 2003.
RESOLUTION C
Transportation Board Recommendation,
Bicycle and Pedestrian Advisory Board Recommendation,
Parks and Recreation Commission Recommendation, and
Greenways Commission Recommendation
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR MORGAN ESTATES SUBDIVISION (2003-01-13/R-8c)
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:
1. Resolution A: That all stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.
That Stipulations 11, 16, and 17 in Resolution A shall be removed:
Culbreth Road Bicycle Facility Requirements: That the applicant shall provide wide outside lanes to accommodate bicycle traffic, on the portion of the north side of Culbreth Road where other road improvements are required, built to Town standard, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. This wide outside lane shall fulfill on-street bicycle facility requirements, adopted by the Town Council, September 24, 2001, amended September 25, 2001.
Pedestrian Trail Signage: That the applicant shall provide pedestrian trail signage identifying the trail at all points of entry. The signs shall comply with sign design standards contained in the Ordinance.
Contribution for Affordable Housing: That the applicant shall provide $52,500 to the Town’s Revolving Acquisition Fund to subsidize affordable housing, prior to the issuance of a Zoning Compliance Permit.
BE IT FURTHER RESOLVED 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 13th day of January, 2003.
RESOLUTION D
(Denying the Application)
A RESOLUTION DENYING AN APPLICATION FOR A PRELIMINARY PLAT FOR MORGAN ESTATES SUBDIVISION (2003-01-13/R-8d)
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 13th day of January, 2003.