AGENDA #8

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Avalon Park Subdivision – Application for Preliminary Plat Approval

DATE: January 13, 2003

INTRODUCTION

Tonight the Council continues the Avalon Park Public Hearing from November 18, 2002, regarding a Preliminary Plat application to authorize the subdivision of 5.12 acres into 10 residential lots served by a new public road. Adoption of Resolution A, B, C, D, or E would approve the Preliminary Plat application with conditions. Adoption of Resolution F would deny the request.

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 Accord Contractors & Developers, Inc., and a copy of the Public Hearing memorandum and its related attachments.

Background

On November 18, 2002, a Public Hearing was held for consideration of a Preliminary Plat application to authorize the creation of 10 lots for residential construction. The subject area is 5.12 acres in size and the proposed average lot size is 14,520 square feet. A new subdivision road is proposed to serve the new homesites off High School Road. Currently, the site is an undeveloped, open field.

The site is located on the north side of High School Road across from Chapel Hill High School and east of Homestead 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.

PROCESS

This is an application for a Preliminary Plat application. 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, 2002, we submitted our report and recommendation to the Council.

We note that review of subdivision proposals differs from review of Special Use Permits in that the question of compliance with regulations and standards is the basis for approval or denial, rather than the four findings of fact listed in Article 18 of the Development Ordinance. However, the Council’s review and action of a subdivision is quasi-judicial, with sworn testimony and evidence entered into the record. Please see the attached summary of key differences between legislative and quasi-judicial zoning decisions, prepared by Mr. David Owens of the Institute of Government and attached to the 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. 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 the Recreation Area requirement; restrictions on house size and affordable housing, and the Land Use Management Ordinance. We offer additional information on these issues below.

Recreation Area Requirement: At the November 18 Public Hearing, the applicant proposed that the proposed pedestrian easement within the Public Service North Carolina Energy gas easement be counted as additional, partial fulfillment of the recreation area requirement and thereby reduce the proposed payment-in-lieu. For this application, 26,737 square feet of recreation area is required. In the memorandum for the November 18 Public Hearing, the applicant proposed to provide 20,035 square feet of recreation area on-site within the circular subdivision road and a payment-in-lieu for $9,015 for the remaining 6,702 square feet required.

Comment: Council members expressed concerns about satisfying part of the recreation area requirement with the proposed pedestrian easement. Concerns raised were Public Service North Carolina Energy limitations of pedestrian easements within gas easements. We have contacted the regional engineer for Public Service North Carolina Energy who has advised us that the policy for pedestrian easements in gas easements is to permit such pedestrian easements only at a perpendicular crossing of the utility easement. Parallel pedestrian easements are not permitted. We understand that future expectation of an additional line in an easement and maintenance on the existing line are the reasons for the restriction.

Accordingly, we believe the proposed pedestrian easement would not be permitted within the gas easement by the gas company and therefore should not be counted toward the recreation area requirement. We believe a payment-in-lieu is appropriate for the remainder of the required recreation area.

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 proposal to offer a $52,000 contribution to support affordable housing initiatives.

The Development Ordinance includes regulations for subdivisions that proposed more than 12 lots, which would restrict the house size of 25 percent of the new dwellings for one year. This application proposes 10 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 restriction are imposed to thirty months.

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, 2003, 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 $52,000 to the Town’s Revolving Acquisition Fund for affordable housing. 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 proposed $52,000 to the Revolving Acquisition Fund, we recommend the following stipulation in Resolution A:

· Contribution for Affordable Housing Unit: That the applicant shall provide $52,000 to the Town’s Revolving Acquisition Fund to subsidize affordable housing, prior to the issuance of a Zoning Compliance Permit.

Regarding the affordable housing offerings, 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, $52,000. 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 Townhouses, and Meadowmont Townhomes. The subsidies include both the cost of land and the dwelling unit.

Land Use Management Ordinance: We note that the proposed Land Use Management Ordinance was most recently considered by the Council on January 6, 2003, and is anticipated to return to the Council on January 27, 2003, for possible action. 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. When enacted, the Land Use Management Ordinance will replace the Town’s existing Development Ordinance.

We note that there are several changes to the Development Ordinance that would affect this application as proposed if this proposal were subject to the new regulations. Key changes would be:

· The width of the protected corridor of the Resource Conservation Buffer;

· Impervious surface limitations; and

· The lowered threshold of the Restricted Floor Area Housing.

The Resource Conservation District on this site is associated with an off-site spring. Under current regulations, the spring has been determined to be perennial with a small drainage area. A 75-foot Resource Conservation District width surrounding a perennial spring is required. Under the Land Use Management Ordinance, this distance would be increased to a 150-foot Resource Conservation District width with 3 zones: 50’ streamside, 50’ managed use and 50’ upland. This width increase would extend into the majority of Lots 4 and 5. These two lots would not be available for construction as the subdivision site plan is currently proposed.

New impervious surface limitations are proposed with the Land Use Management Ordinance on single family lots. New impervious surface is limited to 24% (or 50%, if stormwater facilities are provided) of the currently pervious areas. Stormwater facilities are not provided with this application. Lots would be limited to 24% impervious surface of the currently pervious areas. The smallest lot in this subdivision is 10,337 square feet (.24 acres). Under the new impervious surface regulations, the maximum amount of impervious surface on this lot would be 2,480.9 square feet. The average lot size is 14,374 square feet (.33 acres). The maximum amount of impervious surface permitted is 3,449.8 square feet. These impervious surface limitations include such elements as: driveways, sidewalks, patios, swimming pools, and roof areas. No building footprints are proposed; however, these limitations restrict building size.

The issue with the Small Housing Restriction/Affordable Housing has been discussed above.

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 and voted 10-0 to recommend that the Council approve the application with the adoption of Resolution B.

Resolution B differs from Resolution A in the following ways:

1. Board Recommendation: 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 count toward satisfying the recreation requirement.

Comment: No land is proposed in the Resource Conservation District to satisfy the recreation area requirements. The applicant amended 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 Homeowners’ 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 that the Council approve the application with the adoption of Resolution C.

Below is a list of 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 if additional locations of existing catch basins along High School Road and stormwater pipes under High School Road east of the proposed site are recommended. 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.

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 three 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 as 10 feet wide with five 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 be 20 feet wide and 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 twenty feet in width and 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 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 $52,000 to the Town’s Revolving Acquisition Fund to subsidize affordable housing, prior to the issuance of a Zoning Compliance Permit.

· Landscaped Traffic Island: That the traffic island be landscaped and maintained by the homeowners’ association. An Encroachment Agreement between the homeowners and the Town must be provided prior to issuance of a Zoning Compliance Permit.

An under drain system (French drain) to divert ground water away from the street sub-grade and pavement shall be constructed for the traffic island. The island design shall be submitted for approval by the Town Manager prior to issuance of Zoning Compliance Permit.

· High School Road Bicycle Facility Requirements: That the applicant shall provide wide outside lanes to accommodate bicycle traffic, on the portion of the north side of High School 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:

Wide outside lanes should be provided on arterial and collector streets within Chapel Hill.

Bicycle lanes should be provided on arterial and collector streets within Chapel Hill that meet all conditions of the following criteria:

- 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.

High School Road does not meet all of the above criteria and, therefore, we believe the appropriate on-street bicycle facilities for this location should be wide outside lanes, without typical bicycle lane striping.

In addition, we note that the pedestrian easement signage has been removed. It is no longer needed because pedestrian access to the Resource Conservation District has been removed and the gas company will not permit a trail on their easement.

Resolution A has been revised to include conditions for a contribution to affordable housing, for a landscaped traffic island, 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.

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 Revised 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

RCD part of Subdivision Lots

Yes, pedestrian corridor not needed to RCD

*

Payment-in-Lieu for 6,702 SF of Rec. Space

Yes

Traffic Island Landscaped

Yes

2 Pedestrian Easements to be 20 ft. and deeded to the Homeowners” Assoc.

Yes

Label Ped. Easements with signage

No longer needed

Yes

Locate ped. easement on N. portion of gas easement

Yes

Ped. easement to be improved to facilitate biking and walking

Yes

High School Road analysis for stormwater facilities

Yes

Accept $52,000 for Affordable Housing

Yes

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

Attachments

Resolution A (p. 13).
Resolution B (p. 20).
Resolution C (p. 21).
Resolution D (p. 22).
Resolution E (p. 24).
Resolution F (p. 25).
Letter from Accord Contractors & Developers (p. 26).
November 18, 2002 Public Hearing and Related Attachments (p. 28).

ATTACHMENT 1

RESOLUTION A

Manager’s Revised Recommendation

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR AVALON PARK SUBDIVISION (File # 7.109..9P) (2003-01-13/R-9a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it 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:

Stipulations Related to General Issues

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.

3. Contribution for Affordable Housing Unit: That the applicant shall provide $52,000 to the Town’s Revolving Acquisition Fund to subsidize affordable housing, prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Transportation Issues

4. 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-foot grass 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.

5. 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.

6. High School Road Bicycle Facility Requirements: That the applicant shall provide wide outside lanes to accommodate bicycle traffic, on the portion of the north side of High School 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.

7. 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.

8. Striped Pedestrian Crosswalk: That the applicant provide a striped pedestrian crosswalk across High School Road at the new intersection, to be approved by the Town Manager.

Stipulations Related to Recreation

9. 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.

10. 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.

Stipulations Related to Landscape and Architectural Issues

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 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. Landscaped Traffic Island: That the traffic island be landscaped and maintained by the Homeowners’ Association. An Encroachment Agreement between the homeowners and the Town must be provided prior to issuance of a Zoning Compliance Permit.

15. Clearing Limits: That the applicant indicate where silt fencing and/or continuous flagging will be installed along the proposed clearing limit lines.

16. 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.

Stipulations Related to Environmental Issues

17. 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.”

18. 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.

19. Buildable Lots: That no lot be created that would require a Resource Conservation District Variance in order to be built upon.

20. 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.

21. 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.

22. 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.

23. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended, and shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

24. 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.

25. 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.

26. 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.

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.

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

28. High School Road Stormwater 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.

29. 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.

30. 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.

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

32. 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.

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

Stipulations Related to Miscellaneous Issues

34. 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.

35. 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.

36. 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.

37. As-Built Plans: That as-built plans be 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.

38. 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.

39. 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.

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

41. Street Names and Addresses: That the name of the development and its streets and house numbers be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

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

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

44. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED 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 13th day of January, 2003.

ATTACHMENT 2

RESOLUTION B

Planning Board Recommendation

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR AVALON PARK SUBDIVISION (File # 7.109..9P) (2003-01-13/R-9b)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it 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:

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 shall be added:

1. 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.

2. 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.

3. Payment-in-Lieu: That the applicant provide a payment-in-lieu for 6,702 square feet of recreation area.

That stipulations 3 and 6 in Resolution A shall be removed:

Contribution for Affordable Housing Unit: That the applicant shall provide $52,000 to the Town’s Revolving Acquisition Fund to subsidize affordable housing, prior to the issuance of a Zoning Compliance Permit.

High School Road Bicycle Facility Requirements: That the applicant shall provide wide outside lanes to accommodate bicycle traffic, on the portion of the north side of High School 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.

BE IT FURTHER RESOLVED that the Council hereby approves the application for Preliminary Plat Approval for the Avalon Park Subdivision.

This the 13th day of January, 2003.

ATTACHMENT 3

RESOLUTION C

Transportation Board Recommendation

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR AVALON PARK SUBDIVISION (File # 7.109..9P) (2003-01-13/R-9c)

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 shall be added:

1. Pedestrian Easement: That the pedestrian easements shall be identified with signage.

2. Improvements to High School Road: That improvements to High School Road should include provisions for accommodating additional runoff.

That stipulations 3, 6, and 14 in Resolution A shall be removed:

Landscaped Traffic Island: That the traffic island be landscaped and maintained by the Homeowners’ Association. An Encroachment Agreement between the homeowners and the Town must be provided prior to issuance of a Zoning Compliance Permit.

BE IT FURTHER RESOLVED that the Council hereby approves the application for Preliminary Plat Approval for the Avalon Park Subdivision.

This the 13th day of January, 2003.

ATTACHMENT 4

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) (2003-01-13/R-9d)

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 shall be added:

1. Pedestrian Location Improvements: That pedestrian improvements within the pedestrian easement be located on the northern side of the easement corridor.

2. 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.

3. Pedestrian Easement Signage: That signage be installed at the entrances to the pedestrian easements indicating that the pedestrian corridor is for public use.

That stipulations 3, 6, and 14 in Resolution A shall be removed:

BE IT FURTHER RESOLVED that the Council hereby approves the application for Preliminary Plat Approval for the Avalon Park Subdivision.

This the 13th day of January, 2003.

ATTACHMENT 5

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) (2003-01-13/R-9e)

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 shall be added:

1. Pedestrian Location Improvements: That pedestrian improvements within the pedestrian easement be located on the northern side of the easement corridor.

2. 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.

3. 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 13^th day of January, 2003.

ATTACHMENT 6

RESOLUTION F

Denying the Application

A RESOLUTION DENYING AN APPLICATION FOR A PRELIMINARY PLAT FOR AVALON PARK SUBDIVISION (File # 7.109..9P) (2003-01-13/R-9f)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it 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 13th day of January, 2003.