AGENDA #8
MEMORANDUM
TO: Mayor and Town Council
From: W. Calvin Horton, Town Manager
Subject: Creekside Subdivision - Application for Preliminary Plat Approval (File No. 7.70.D.5)
Date: April 14, 2003
INTRODUCTION
Adoption of the attached Resolution A would approve an application for a 9 lot subdivision on 11.29 acres located south of Fordham Boulevard, between Morgan Creek Road and Hawthorne Lane. The applicant has proposed a reduction in the number of lots for this application, in response to Council and citizen comments at a February 24, 2003 Public Hearing. We note that the applicant is complying with Section 3.8.5 of the Land Use Management Ordinance by offering to provide 2 reduced floor area houses, no larger than 1,350 square feet each.
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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, discusses key issues and offers recommendations for Council action.
¨ Attachments: Includes a list of issues raised during the Public Hearing, a checklist of requirements for this development, resolutions of approval and denial, Public Hearing memorandum, applicant’s materials, additional comments from the February 24 Public Hearing.
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Background
January 22, 2003 The Council held a Public Hearing to consider the major subdivision application for Creekside Subdivision. At the Public Hearing, questions arose regarding affordable housing/restricted floor area housing, recreation area, delaying approval of the subdivision proposal, development density, Resource Conservation District classification, and specimen tree protection. The Public Hearing on the subdivision application was recessed until February 24, 2003.
February 24, 2003 In response to the issues raised at the January 22 Public Hearing, the applicant offered to provide 2 restricted floor area houses and provide 1 acre of conservation land, to fulfill the recreation area requirement, to be deeded to the Botanical Garden Foundation. The Public Hearing on the subdivision application was recessed until April 14, 2003, to allow the applicant and staff to have further discussion on the following unresolved issues: development density, stream determinations and associated Resource Conservation District classification, and specimen tree protection.
PROCESS
This is an application for Preliminary Plat approval. The Land Use Management 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 Land Use Management Ordinance; we have presented a report to the Planning Board; and on January 22 and 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 Section 4.5 of the Land Use Management Ordinance. However, the Council’s review of 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 and attached to the January 22 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 Land Use Management Ordinance. The review typically focuses on vehicular and pedestrian access and circulation, traffic impact, public improvements, lot standards, and recreation area.
If, after consideration of the evidence presented at the February 24 Public Hearing and additional evidence submitted this evening, the Council decides that the application meets all the Land Use Management Ordinance requirements, the Ordinance directs that the application be approved. If the Council decides that the application does not meet all the Land Use Management Ordinance requirements, the application accordingly must be denied.
Although the primary purpose of tonight’s meeting is to receive staff and applicant responses to the questions raised during the February 24 Public Hearing, we note that further evidence may be submitted this evening.
evaluation of the application
Evaluation of this application centers on compliance with the subdivision regulations and standards in the Land Use Management Ordinance. We have attached a checklist of the Town’s subdivision regulations (part of Attachment 5). 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 January 22 and February 24 Public Hearings that were not resolved focused on stream determinations, development density, and specimen tree protection. We offer further information on these issues below. Furthermore, we have included additional comments as an attachment to this memorandum (see Attachment 1).
Stream Determinations/Resource Conservation District: Council members requested that additional information be provided regarding a stream segment, which was classified as ephemeral by Town staff.
Comment: On December 12, 2002, and January 13, February 3 and April 7, 2003 Town staff performed field observations to determine stream classifications on the proposed Creekside Subdivision site. It was determined that there is a perennial stream segment, two intermittent stream segments, and one ephemeral stream segment. On the western side of the site, Town staff determined that approximately the first 350 feet upstream from the confluence of Morgan Creek, is perennial, the next 260 feet is intermittent, and the final 1,150 up to Morgan Creek Road is a discontinuous mix of stream segments. The ephemeral stream classification was disputed by neighbors at the February 24 Public Hearing who asserted that the entire stream channel, upstream of the perennial stream origin to Morgan Creek Road, should be considered intermittent. Dr. Seth Reice, a Professor of Biology from the University of North Carolina at Chapel Hill, gave testimony that it was his professional opinion that the ephemeral stream had been improperly classified by the Town. Dr. Reice’s assessment of the stream is that it should have been classified as intermittent rather than ephemeral (see Attachment 3).
Our Engineering Department has reviewed the data pertaining to the intermittent stream origin determination on the western drainage of the parcel. We continue to believe that the location we identified previously is indeed the origin of the intermittent stream, based on the Land Use Management Ordinance intermittent stream definition. A stream must first meet the definition of “intermittent stream” according to the Land Use Management Ordinance, after which it would be confirmed as such based on field verification criteria. The definition of an intermittent stream includes language as follows: “A stream that flows only during wet periods of the year and flows in a continuous, natural channel or depression (including natural springs).” Please refer to item 8.1 on tonight’s agenda for detailed discussion of this issue.
We note that the applicant has responded to this difference of opinion by agreeing to design this site as if the entire upper portion of the western stream (above the first 350 feet classified as perennial stream) were intermittent (as urged by Dr. Reice and neighbors). Accordingly, we have included language in Resolution A that protects a corridor on this property as if the entire upper portion of the western stream were considered to be intermittent.
Development Density: A Council member questioned whether the applicant’s proposal of 11 lots should be reduced given the possibility that the adjacent stream segment on the northwest part of the site could be classified as intermittent, with the associated 50-foot corridor, on the Resource Conservation District classification.
Comment: The applicant has proposed reducing the proposed number of lots from 11 to 9. We have modified Resolution A to reflect these changes (see Manager’s Revised Recommendation).
Drainage Swale Easements: A Council member inquired about providing the proposed drainage swales within dedicated easements rather than within new dedicated right-of-way.
Comment: The applicant has proposed to provide 10-foot wide drainage easements on each side of a 30-foot right-of-way (see site plan in Attachment 2). We believe that the reduced right-of-way width in conjunction with the drainage easements will allow homes to be closer to the new street, helping to keep homes away from steep slopes on the eastern side of the site, particularly lots 1 through 3. We recommend that the applicant provide the required drainage swales on both sides of the road inside 10-foot wide (or wider if necessary to accommodate swales due to terrain), dedicated, public stormwater drainage easements. We have modified Resolution A to reflect these changes (see Manager’s Revised Recommendation).
Tree Preservation: A Council member requested that further discussion take place between staff and the applicant regarding the preservation of specimen trees.
Comment: We met with the applicant to discuss tree preservation and other issues raised at the February 24 Public Hearing. We understand that it is unavoidable to develop a site without removing trees. However, we believe that the applicant’s proposal to reduce the number of lots from 11 to 9 will minimize removal of specimen trees and significant tree stands. Approximately twenty specimen trees, including 9 hardwoods and 11 pines, are proposed to be removed for the development of 9 single family homes with related infrastructure (see Attachment 2). We believe that the applicant is attempting to preserve as many trees as practicable, given the competing environmentally sensitive factors that must be balanced on this site, including Resource Conservation District corridors and steep slopes.
The Land Use Management Ordinance requires that each new single-family home submit a Zoning Compliance Permit application. If more than 5,000 square feet of land disturbance is proposed on each lot, the applicant is required to submit a Landscape Protection Plan, prior to acquiring a building permit. The landscape protection plan requires that trees and the limits of land disturbance be identified. Vegetation that is outside the limits of land disturbance must be protected with measures such as tree protection fencing and is subject to site inspection by the Town Forester.
We note that, because individual lot and house plans are not drawn at this stage of a subdivision application, there is no certainty at this time about which trees on individual lots will be preserved. We also not that, according to the Land Use Management Ordinance, once a single-family home us occupied there are no restrictions on removing trees from an individual lot.
RECOMMENDATIONS
Advisory Board Recommendations and summaries of board actions are part of the February 24 Public Hearing Memorandum (Attachment 5). The Manager’s Revised Recommendations follow immediately below.
Manager’s Revised Recommendation: We recommend that the Council approve this Preliminary Plat application with the conditions listed in Resolution A. We have made the following revisions in Resolution A in response to the February 24 Public Hearing and the applicant’s most recent submissions:
The following stipulations have been revised in Resolution A:
Condition #2:
· We recommend that the number of lots be reduced from 11 to 9. This stipulation has been revised as follows:
Ø Number of Lots: That this approval shall authorize the creation of no more than 9 lots on 11.29 acres and the lot boundaries and associated roadway construction shall be as indicated on the revised site plan, dated April 1, 2003, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.
Comment: This stipulation has been revised in Resolution A because the applicant is now proposing 9 lots, rather than 11.
Condition #5:
· We recommended that the drainage swales be removed from the public right-of-way and placed in drainage easements instead, and that the road alignment reflect what is shown on the revised site plan. This stipulation has been revised as follows:
Ø Public Right-of-Way: That the road cross-section and shoulders shall be located inside dedicated public right-of-way and the road alignment shall reflect that shown on the April 1, 2003 revised site plan, subject to approval by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
Comment: This stipulation has been revised in Resolution A because the applicant is proposing to include the drainage swales in dedicated public stormwater drainage easements, rather than right-of-way. We believe that the reduced right-of-way width in conjunction with the drainage easements will minimize forcing homes onto steep slopes on the eastern side of the site, particularly lots 1 through 3.
The following stipulations have been added to Resolution A:
Condition #6:
· Drainage Swale Easements: That the required drainage swales on both sides of the road shall be included inside 10-foot wide (or wider if necessary to accommodate swales due to terrain), dedicated, public stormwater drainage easements, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.
Comment: This stipulation has been added Resolution A because the applicant is proposing to include the drainage swales in dedicated public stormwater drainage easements, rather than right-of-way. We believe that the reduced right-of-way width in conjunction with the drainage easements will minimize forcing homes onto steep slopes on the eastern side of the site, particularly lots 1 through 3.
Condition #18:
· Protected Corridor along Western Drainage Channel: That a 50-foot corridor shall be identified on the final plans and final plat, on the western side of the site, with the same restrictions as a 50-foot Resource Conservation District corridor associated with an intermittent stream, for approximately 1,150 feet below Morgan Creek Road (on the east side of the drainage channel only), to the point of origin of the stream determined by the Town Manager to be intermittent.
Comment: This stipulation has been added to Resolution A because the applicant is proposing to provide a 50-foot corridor with the same restrictions as a 50-foot Resource Conservation District corridor associated with intermittent streams. We believe that corridor will provide additional protection for the adjacent drainage channel, by resulting in the reduction of proposed lots to 9 and moving the road further to the east away from the drainage channel.
Resolution A would approve the application and has been revised, as noted above.
Resolution B would approve the application as recommended by the Transportation Board.
Resolution C would approve the application as recommended by the Parks and Recreation Commission and the Greenways Commission.
Resolution D would approve the application as recommended by the Planning Board.
Resolution E would approve the application as recommended by the Bicycle and Pedestrian Advisory Board.
Resolution F would deny the application.
Checklist of
Regulations and Standards
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FORTHCOMING FINAL DRAFT OF PROPOSED LAND USE MANAGEMENT ORDINANCE |
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PRELIMINARY PLAT FOR CREEKSIDE SUBDIVISION |
COMPLIANCE
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NONCOMPLIANCE |
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Meets Minimum Lot Size Provisions in Section 3.8-1 of the Land Use Management Ordinance |
Ö |
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Meets Minimum Lot Width Provisions in Section 3.8-1 of the Land Use Management Ordinance |
Ö |
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Meets Minimum Lot Frontage Provisions in Section 3.8-1 of the Land Use Management Ordinance |
Ö |
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Meets Requirement for Lots Fronting on a Road Meeting Town Standards |
Ö |
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Meets Access and Circulation Provisions in Article 5.8 of the Land Use Management Ordinance and the Design Manual |
Ö |
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Recreation Area Type Meets Section 5.5.2 of the Land Use Management Ordinance |
Ö |
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Meets Cluster Subdivision Provisions in Section 3.8.8 of the Land Use Management Ordinance, if Applicable |
N/A |
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Public Water and Sewer Available |
Ö |
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Meets Tree Protection Requirements in Article 5.7 of the Land Use Management Ordinance |
Ö With Conditions |
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County Health Department Approval Received, if Applicable
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N/A |
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Meets Resource Conservation District Regulations in Section 3.6.3 of the Land Use Management Ordinance |
Ö With Conditions |
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Meets Watershed Protection District Regulations in Section 3.6.4 of the Land Use Management Ordinance |
Ö |
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Homeowners’ Association Proposed, if Applicable
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Ö |
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Reservation of a School Site, if Applicable
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N/A |
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Stormwater Management Plan Meets Article 5.4 of the Land Use Management Ordinance |
Ö With Conditions |
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Floor Area Restrictions Meet Section 3.8-1 of the Land Use Management Ordinance |
N/A |
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N/A = Not Applicable prepared 4/3/03
RESOLUTION A
Manager’s Revised Recommendation
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR CREEKSIDE SUBDIVISION (2003-04-14/R-9a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Creekside Subdivision, proposed by Curtis Hendrickson on the property identified as Chapel Hill Township Tax Map 70, Block D, Lot 5, (PIN #9787-59-6577) if developed according to the preliminary site plan dated November 13, 2001 and revised July 12, 2002, and the conditions listed below, would comply with the provisions of the Land Use Management 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 Land Use Management Ordinance.
2. Number of Lots: That this approval shall authorize the creation of no more than 9 lots on 11.29 acres and the lot boundaries and associated roadway construction shall be as indicated on the revised site plan, dated April 1, 2003, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.
3. Dedicated Right-of-Way Recordation: That all required dedicated right-of-way shall be shown on a recorded final plat, subject to approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.
4. On-Site Road Improvements: That the applicant build the 20-foot road cross-section to Town standard, as well as 3-foot wide shoulders, and 3-foot wide drainage swales, subject to approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.
5. Public Right-of-Way: That the road cross-section and shoulders shall be located inside dedicated public right-of-way and the road alignment shall reflect that shown on the April 1, 2003 revised site plan, subject to approval by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
6. Drainage Swale Easements: That the required drainage swales on both sides of the road shall be included inside 10-foot wide (or wider if necessary to accommodate swales due to terrain), dedicated, public stormwater drainage easements, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.
7. Conservation Area Requirements: That the applicant shall deed the land to the Botanical Garden Foundation, Inc., including approximately 43,560 square feet of conservation area in the southeastern part of the site, for preservation purposes, at the time of recordation of the final plat. This portion of the site is not intended for foot trails or recreation.
8. Town Pedestrian Easement: If the applicant provides any pedestrian points of access on site, a public access easement shall be recorded on the Homeowners’ Association recreation area and that the following users shall be entitled to use the recreation area: pedestrians, users of non-motorized vehicles, and motorized wheelchairs.
9. Pedestrian Trail Signage: If the applicant provides any pedestrian points of access on site, the applicant shall provide pedestrian trail signage identifying the trail. The signs shall comply with sign design standards contained in the Land Use Management Ordinance.
10. Removal of Trail on Lots 9, 10, and 11: That the applicant shall remove the proposed trail on Lots 9, 10, and part of 11.
Stipulations Related to Housing Issues
11. Small Houses: That the applicant shall provide 25% restricted floor area houses (2 homes) on site, no larger than 1,350 square feet each, that shall not be enlarged beyond 1,350 square feet each for 30 months after the issuance of the initial Certificate of Occupancy, regardless of ownership, and comply with all of the provisions in Section 3.8.5 of the Land Use Management Ordinance.
Stipulations Related to Landscaping and Architectural Issues
12. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees shall 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. Special attention shall be given to identifying and protecting significant stands of trees.
13. 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.
14. Tree Protection: That the applicant shall preserve the following significant trees: the 31” oak on Lot 3, the 19” hickory on Lot 4, and the 35” oak in the southern corner of Lot 1. The applicant shall comply with regulations as specified by the Ordinance in place at the time of approval.
15. Critical Root Zones: That the applicant shall clearly indicate the critical root zones of the trees designated for protection in stipulation #14 on Final Plans.
16. 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 or easements, 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
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 Land Use Management Ordinance.”
18. Protected Corridor along Western Drainage Channel: That a 50-foot corridor shall be identified on the final plans and final plat, on the western side of the site, with the same restrictions as a 50-foot Resource Conservation District corridor associated with an intermittent stream, for approximately 1,150 feet below Morgan Creek Road (on the east side of the drainage channel only), to the point of origin of the stream determined by the Town Manager to be intermittent.
19. 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.
20. The Resource Conservation District Buildable Lots: That no lot be created that would require a Resource Conservation District Variance in order to be built upon. In addition, for each lot it must be demonstrated that there is sufficient buildable area outside the Resource Conservation District, slopes of 25% or greater, vegetated buffers, other required landscape buffers, easements, and any applicable building setback limits.
21. The Resource Conservation District Construction Standards: That for roadway encroachment into the Resource Conservation District, the requirements and standards of Section 3.6.3 of the Land Use Management Ordinance and all other applicable Resource Conservation District regulations must be adhered to, unless the application is granted administrative exemptions from provisions of Subsection 5.8.
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.
22. Steep Slopes: That each submittal for Final Plan approval shall include a plan 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 Land Use Management 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 Land Use Management 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 and the post-development stormwater runoff volume shall not exceed the pre-development volume for the local 2-year frequency, 24-hour duration storm event. 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. Integrated Management Practices: That the applicant shall employ Integrated Management Practices, such as vegetative filter strips, infiltration swales, reduced impervious surface, pervious pavements, infiltration trenches, bio-retention facilities, dry wells, cisterns, rain barrels, and level spreaders, to manage the rate, quality, and volume of runoff, based on best available information. 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. Water Quality Enhancement: That the applicant shall employ additional Integrated Management Practices, in addition to the proposed drainage swales, to ensure compliance with stormwater quality standards.
26. 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.
27. Off-Site Drainageway Easement: That the applicant shall provide an off-site storm drainageway easement in the area southwest of Lots 10 and 11 or demonstrate how stormwater discharge will not negatively impact adjacent off-site property owners, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
28. Extension of Drainage Pipe Beneath Morgan Creek Road: That the applicant shall extend the existing 18-inch pipe that runs beneath Morgan Creek Road south of Lot 1 before being released into an open channel, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
29. Stormwater Yard Inlet: That the applicant provide a standard yard inlet for the proposed storm drain, south of the cul-de-sac, between Lots 8 and 9.
30. 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.
31. 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.
32. 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
33. 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.
34. 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.
35. Utility Line Placement: That all new utility lines shall be placed underground. The applicant shall 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.
36. 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.
37. 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.
38. 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.
39. 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.
40. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited unless it is demonstrated to the Town Manager or his designee that no reasonable alternative means are available for removal of the materials from the subject property. The Fire Marshall may establish safety standards, which must be met in order to receive a permit under this Article.
41. 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. The applicant is encouraged to consult with the North Carolina Botanical Garden staff for prior to starting a plant rescue.
42. 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 Land Use Management Ordinance and the Design Manual.
43. 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.
44. 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.
45. 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.
46. 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.
47. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
48. 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 Creekside Subdivision in accordance with the plans and conditions listed above.
This the 14th day of April, 2003.
RESOLUTION B
Transportation Board Recommendation
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR CREEKSIDE SUBDIVISION (2003-04-14/R-9b)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Creekside Subdivision, proposed by Curtis Hendrickson on the property identified as Chapel Hill Township Tax Map 70, Block D, Lot 5, (PIN #9787-59-6577) if developed according to the preliminary site plan dated November 13, 2001 and revised July 12, 2002, and the conditions listed below, would comply with the provisions of the Land Use Management 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.
That the following Stipulations in Resolution A shall be revised:
2. Number of Lots: That this approval shall authorize the creation of no more than 9 lots on 11.29 acres and the lot boundaries and associated roadway construction shall be as indicated on the revised site plan, dated April 1, 2003, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit. Accordingly, Stipulation #2 of Resolution A shall be revised as follows:
· Number of Lots: That this approval shall authorize the creation of no more than 11 lots on 11.29 acres.
3. On-Site Road Improvements: That the applicant build the 20-foot road cross-section to Town standard, as well as 3-foot wide shoulders, and 3-foot wide drainage swales, subject to approval by the Town Manager prior to the issuance of a Zoning Compliance Permit. Accordingly, Stipulation #4 of Resolution A shall be revised as follows:
· On-Site Road Improvements: That the applicant build the 22-foot road cross-section and 5-foot sidewalks to Town standard as well as 3-foot wide shoulders, and 3-foot wide drainage swales, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
4. Public Right-of-Way: That the road cross-section and shoulders shall be located inside dedicated public right-of-way and the road alignment shall reflect that shown on the April 1, 2003 revised site plan, subject to approval by the Town Manager, prior to the issuance of a Zoning Compliance Permit. Accordingly, Stipulation #5 of Resolution A shall be revised as follows:
· Right-of-Way or Public Easement: That the road cross-section, shoulders, and drainage swales shall be located inside dedicated public right-of-way. That the sidewalk shall be located within dedicated public right-of-way or within a public easement maintained by the Homeowners’ Association.
5. Integrated Management Practices: That the applicant shall employ Integrated Management Practices, such as vegetative filter strips, infiltration swales, reduced impervious surface, pervious pavements, infiltration trenches, bio-retention facilities, dry wells, cisterns, rain barrels, and level spreaders, to manage the rate, quality, and volume of runoff, based on best available information. 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. The applicant shall comply with regulations as specified by the Ordinance in place at the time of approval. Accordingly, Stipulation #24 of Resolution A shall be revised as follows:
· Integrated Management Practices: That the applicant shall employ Integrated Management Practices, such as drainage swales, bio-retention facilities, separator units, 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. The applicant shall comply with regulations as specified by the Ordinance in place at the time of approval.
That the following stipulations shall be inserted into Resolution A:
6. Sidewalk on Morgan Creek Frontage: That the applicant shall provide a sidewalk built to Town Standard spanning the Morgan Creek Road frontage for approximately 195 linear feet on the northern side of the site.
7. Pedestrian Access to Conservation Land: That the applicant shall provide a 10-foot wide pedestrian trail easement between Lots 5 and 6, with signage, with access to the conservation land to be deeded to the Botanical Garden Foundation, Inc.
8. Provision of Restricted Floor Area Housing: That the applicant shall provide restricted floor area housing as specified by the Ordinance in place at the time of approval. These restrictions shall be noted on the Final Plat, if applicable.
9. In-Lieu Options to Restricted Floor Area Housing: That the applicant shall have the option to provide affordable housing or a payment in-lieu of restricted floor area housing as specified by the Ordinance in place at the time of approval. If affordable housing restrictions are proposed, the restrictions shall be approved by the Town Manager and included on the Final Plat.
10. Landscape Bufferyards: That the applicant shall comply with bufferyard regulations as specified by the Ordinance in place at the time of approval. The landscape bufferyards shall be located on land owned and controlled by a Homeowners’ Association.
That the following stipulation shall be removed from Resolution A:
11. Drainage Swale Easements: That the required drainage swales on both sides of the road shall be included inside 10-foot wide (or wider if necessary to accommodate swales due to terrain), dedicated, public stormwater drainage easements, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.
12. Small Houses: That the applicant shall provide 25% restricted floor area houses (2 homes) on site, no larger than 1,350 square feet each, that shall not be enlarged beyond 1,350 square feet each for 30 months after the issuance of the initial Certificate of Occupancy, regardless of ownership, and comply with all of the provisions in Section 3.8.5 of the Land Use Management Ordinance.
13. Protected Corridor along Western Drainage Channel: That a 50-foot corridor shall be identified on the final plans and final plat, on the western side of the site, with the same restrictions as a 50-foot Resource Conservation District corridor associated with an intermittent stream, for approximately 1,150 feet below Morgan Creek Road (on the east side of the drainage channel only), to the point of origin of the stream determined by the Town Manager to be intermittent.
BE IT FURTHER RESOLVED that the Council hereby approves the application for a Preliminary Plat for the Creekside Subdivision in accordance with the plans and conditions listed above.
This the 14th day of April, 2003.
RESOLUTION C
Parks and Recreation Commission Recommendation and
Greenways Commission Recommendation
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR CREEKSIDE SUBDIVISION (2003-04-14/R-9c)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Creekside Subdivision, proposed by Curtis Hendrickson on the property identified as Chapel Hill Township Tax Map 70, Block D, Lot 5, (PIN #9787-59-6577) if developed according to the preliminary site plan dated November 13, 2001 and revised July 12, 2002, and the conditions listed below, would comply with the provisions of the Land Use Management 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.
That the following Stipulations in Resolution A shall be revised:
2. Number of Lots: That this approval shall authorize the creation of no more than 9 lots on 11.29 acres and the lot boundaries and associated roadway construction shall be as indicated on the revised site plan, dated April 1, 2003, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit. Accordingly, Stipulation #2 of Resolution A shall be revised as follows:
· Number of Lots: That this approval shall authorize the creation of no more than 11 lots on 11.29 acres.
3. On-Site Road Improvements: That the applicant build the 20-foot road cross-section to Town standard, as well as 3-foot wide shoulders, and 3-foot wide drainage swales, subject to approval by the Town Manager prior to the issuance of a Zoning Compliance Permit. Accordingly, Stipulation #4 of Resolution A shall be revised as follows:
· On-Site Road Improvements: That the applicant build the 22-foot road cross-section and 5-foot sidewalks to Town standard as well as 3-foot wide shoulders, and 3-foot wide drainage swales, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
4. Public Right-of-Way: That the road cross-section and shoulders shall be located inside dedicated public right-of-way and the road alignment shall reflect that shown on the April 1, 2003 revised site plan, subject to approval by the Town Manager, prior to the issuance of a Zoning Compliance Permit. Accordingly, Stipulation #5 of Resolution A shall be revised as follows:
· Right-of-Way or Public Easement: That the road cross-section, shoulders, and drainage swales shall be located inside dedicated public right-of-way. That the
· sidewalk shall be located within dedicated public right-of-way or within a public easement maintained by the Homeowners’ Association.
That the following Stipulations shall be inserted into Resolution A:
5. Pedestrian Access to Conservation Land: That the applicant shall provide pedestrian access for residents of the Creekside Subdivision to the conservation land to be deeded to the Botanical Garden Foundation, Inc.
6. Conservation Land Access Agreement: That the applicant and the Botanical Garden Foundation, Inc. shall agree to provide long-term access across the proposed conservation land near Morgan Creek, to ensure area-wide connectivity of greenway trails.
7. Recreation Area Requirements: If the applicant is able to obtain clear title to the western Morgan Creek Road frontage, allowing a pedestrian point of access, the applicant shall provide a 35-foot wide strip of land along the north property line of lot 11 and a 60 foot wide strip, connecting to Morgan Creek Road, to be provided as recreation area and dedicated to the Homeowners’ Association, to be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit. This recreation area shall comprise approximately 13, 470 square feet.
8. Town Pedestrian Easement: If the applicant is able to obtain clear title to the western Morgan Creek Road frontage, allowing a pedestrian point of access, a public access easement shall be recorded on the Homeowners’ Association recreation area and that the following users be entitled to use the recreation area: pedestrians, users of non-motorized vehicles, and motorized wheelchairs.
9. Pedestrian Trail Signage: If the applicant is able to obtain clear title to the western Morgan Creek Road frontage, allowing a pedestrian point of access, the applicant shall provide pedestrian trail signage identifying the trail at both ends of the pedestrian connection, along the north property line of lot 11. The signs shall comply with sign design standards contained in the Ordinance.
10. Provision of Restricted Floor Area Housing: That the applicant shall provide restricted floor area housing as specified by the Ordinance in place at the time of approval. These restrictions shall be noted on the Final Plat, if applicable.
11. In-Lieu Options to Restricted Floor Area Housing: That the applicant shall have the option to provide affordable housing or a payment in-lieu of restricted floor area housing as specified by the Ordinance in place at the time of approval. If affordable housing restrictions are proposed, the restrictions shall be approved by the Town Manager and included on the Final Plat.
That the following Stipulations shall be removed from Resolution A:
12. Drainage Swale Easements: That the required drainage swales on both sides of the road shall be included inside 10-foot wide (or wider if necessary to accommodate swales due to terrain), dedicated, public stormwater drainage easements, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.
13. Removal of Trail on Lots 9, 10, and 11: That the applicant shall remove the proposed trail on Lots 9, 10, and 11.
14. Small Houses: That the applicant shall provide 25% restricted floor area houses (2 homes) on site, no larger than 1,350 square feet each, that shall not be enlarged beyond 1,350 square feet each for 30 months after the issuance of the initial Certificate of Occupancy, regardless of ownership, and comply with all of the provisions in Section 3.8.5 of the Land Use Management Ordinance.
15. Protected Corridor along Western Drainage Channel: That a 50-foot corridor shall be identified on the final plans and final plat, on the western side of the site, with the same restrictions as a 50-foot Resource Conservation District corridor associated with an intermittent stream, for approximately 1,150 feet below Morgan Creek Road (on the east side of the drainage channel only), to the point of origin of the stream determined by the Town Manager to be intermittent.
BE IT FURTHER RESOLVED that the Council hereby approves the application for a Preliminary Plat for the Creekside Subdivision in accordance with the plans and conditions listed above.
This the 14th day of April, 2003.
RESOLUTION D
Planning Board Recommendation
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR CREEKSIDE SUBDIVISION (2003-04-14/R-9d)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Creekside Subdivision, proposed by Curtis Hendrickson on the property identified as Chapel Hill Township Tax Map 70, Block D, Lot 5, (PIN #9787-59-6577) if developed according to the preliminary site plan dated November 13, 2001 and revised July 12, 2002, and the conditions listed below, would comply with the provisions of the Land Use Management 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.
That the following Stipulations in Resolution A shall be revised:
2. Number of Lots: That this approval shall authorize the creation of no more than 9 lots on 11.29 acres and the lot boundaries and associated roadway construction shall be as indicated on the revised site plan, dated April 1, 2003, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit. Accordingly, Stipulation #2 of Resolution A shall be revised as follows:
· Number of Lots: That this approval shall authorize the creation of no more than 11 lots on 11.29 acres, providing that a resurvey of the site, by Town staff, does not determine that there is additional Resource Conservation District area on the site that prevents the creation of that many lots.
3. On-Site Road Improvements: That the applicant build the 20-foot road cross-section to Town standard, as well as 3-foot wide shoulders, and 3-foot wide drainage swales, subject to approval by the Town Manager prior to the issuance of a Zoning Compliance Permit. Accordingly, Stipulation #4 of Resolution A shall be revised as follows:
· On-Site Road Improvements: That the applicant build the 22-foot road cross-section and 5-foot sidewalks to Town standard as well as 3-foot wide shoulders, and 3-foot wide drainage swales, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
4. Public Right-of-Way: That the road cross-section and shoulders shall be located inside dedicated public right-of-way and the road alignment shall reflect that shown on the April 1, 2003 revised site plan, subject to approval by the Town Manager, prior to the issuance of a Zoning Compliance Permit. Accordingly, Stipulation #5 of Resolution A shall be revised as follows:
· Right-of-Way or Public Easement: That the road cross-section, shoulders, and drainage swales shall be located inside dedicated public right-of-way. That the sidewalk shall be located within dedicated public right-of-way or within a public easement maintained by the Homeowners’ Association.
That the following stipulations shall be inserted in Resolution A:
5. Affordable Housing: That the applicant shall provide one affordable housing unit on-site, for families earning 80% or less of median 3-person family income for the Raleigh-Durham-Chapel Metropolitan Statistical Area (MSA). That the applicant shall have the option to provide a payment-in-lieu of affordable housing, if the Town Council determines that this alternative is acceptable. The payment in-lieu shall be calculated in the following manner: 15% x 11 lots x $52,500/lot = $86,625. The payment-in-lieu shall be contributed to the Town’s Revolving Acquisition Fund to subsidize affordable housing, prior to the issuance of a Zoning Compliance Permit.
6. Landscape Bufferyards: That the applicant shall provide a minimum of 20-foot wide Type-C buffers along the Morgan Creek Road frontage. The applicant shall comply with regulations as specified by the Ordinance in place at the time of approval. The landscape bufferyards shall be located on land owned and controlled by a Homeowners’ Association.
7. Pedestrian Access to Conservation Land: That the applicant shall provide pedestrian access for residents of the Creekside Subdivision to the conservation land to be deeded to the Botanical Garden Foundation, Inc. across a 10-foot wide pedestrian trail easement between Lots 5 and 6, with signage.
8. Conservation Land Access Agreement: That the applicant and the Botanical Garden Foundation, Inc. shall agree to provide long-term access across the proposed conservation land near Morgan Creek, to ensure area-wide connectivity of greenway trails.
That the following Stipulations shall be removed from Resolution A:
9. Drainage Swale Easements: That the required drainage swales on both sides of the road shall be included inside 10-foot wide (or wider if necessary to accommodate swales due to terrain), dedicated, public stormwater drainage easements, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.
10. Small Houses: That the applicant shall provide 25% restricted floor area houses (2 homes) on site, no larger than 1,350 square feet each, that shall not be enlarged beyond 1,350 square feet each for 30 months after the issuance of the initial Certificate of Occupancy, regardless of ownership, and comply with all of the provisions in Section 3.8.5 of the Land Use Management Ordinance.
11. Protected Corridor along Western Drainage Channel: That a 50-foot corridor shall be identified on the final plans and final plat, on the western side of the site, with the same restrictions as a 50-foot Resource Conservation District corridor associated with an intermittent stream, for approximately 1,150 feet below Morgan Creek Road (on the east side of the drainage channel only), to the point of origin of the stream determined by the Town Manager to be intermittent.
BE IT FURTHER RESOLVED that the Council hereby approves the application for a Preliminary Plat for the Creekside Subdivision in accordance with the plans and conditions listed above.
This the 14th day of April, 2003.
RESOLUTION E
Bicycle and Pedestrian Advisory Board Recommendation
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR CREEKSIDE SUBDIVISION (2003-04-14/R-9e)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Creekside Subdivision, proposed by Curtis Hendrickson on the property identified as Chapel Hill Township Tax Map 70, Block D, Lot 5, (PIN #9787-59-6577) if developed according to the preliminary site plan dated November 13, 2001 and revised July 12, 2002, and the conditions listed below, would comply with the provisions of the Land Use Management 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.
That the following Stipulations in Resolution A shall be revised:
2. Number of Lots: That this approval shall authorize the creation of no more than 9 lots on 11.29 acres and the lot boundaries and associated roadway construction shall be as indicated on the revised site plan, dated April 1, 2003, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit. Accordingly, Stipulation #2 of Resolution A shall be revised as follows:
· Number of Lots: That this approval shall authorize the creation of no more than 11 lots on 11.29 acres.
3. On-Site Road Improvements: That the applicant build the 20-foot road cross-section to Town standard, as well as 3-foot wide shoulders, and 3-foot wide drainage swales, subject to approval by the Town Manager prior to the issuance of a Zoning Compliance Permit. Accordingly, Stipulation #4 of Resolution A shall be revised as follows:
· On-Site Road Improvements: That the applicant build the 22-foot road cross-section and 5-foot sidewalks to Town standard as well as 3-foot wide shoulders, and 3-foot wide drainage swales, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
4. Public Right-of-Way: That the road cross-section and shoulders shall be located inside dedicated public right-of-way and the road alignment shall reflect that shown on the April 1, 2003 revised site plan, subject to approval by the Town Manager, prior to the issuance of a Zoning Compliance Permit. Accordingly, Stipulation #5 of Resolution A shall be revised as follows:
· Right-of-Way or Public Easement: That the road cross-section, shoulders, and drainage swales shall be located inside dedicated public right-of-way. That the sidewalk shall be located within dedicated public right-of-way or within a public easement maintained by the Homeowners’ Association.
That the following Stipulations shall be inserted into Resolution A:
5. Payment-in-Lieu of Sidewalks: That the applicant shall provide a payment-in-lieu of sidewalks on the Morgan Creek Road frontage and the length of the proposed road through the site in the amount equivalent to the cost of Town standard sidewalks, to be approved by the Town Manager.
6. Pedestrian Trail Easement: That a pedestrian trail easement be provided between Lots 6 and 7, along the existing sewer easement, leading to the conservation area.
7. 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.
That the following Stipulations shall be removed from Resolution A:
8. Drainage Swale Easements: That the required drainage swales on both sides of the road shall be included inside 10-foot wide (or wider if necessary to accommodate swales due to terrain), dedicated, public stormwater drainage easements, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.
9. Small Houses: That the applicant shall provide 25% restricted floor area houses (2 homes) on site, no larger than 1,350 square feet each, that shall not be enlarged beyond 1,350 square feet each for 30 months after the issuance of the initial Certificate of Occupancy, regardless of ownership, and comply with all of the provisions in Section 3.8.5 of the Land Use Management Ordinance.
10. Protected Corridor along Western Drainage Channel: That a 50-foot corridor shall be identified on the final plans and final plat, on the western side of the site, with the same restrictions as a 50-foot Resource Conservation District corridor associated with an intermittent stream, for approximately 1,150 feet below Morgan Creek Road (on the east side of the drainage channel only), to the point of origin of the stream determined by the Town Manager to be intermittent.
BE IT FURTHER RESOLVED that the Council hereby approves the application for a Preliminary Plat for the Creekside Subdivision in accordance with the plans and conditions listed above.
This the 14th day of April, 2003.
RESOLUTION F
(Denying Application)
A RESOLUTION DENYING AN APPLICATION FOR A PRELIMINARY PLAT FOR CREEKSIDE SUBDIVISION (2003-04-14/R-9f)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it fails to finds that the Creekside Subdivision, proposed by Curtis Hendrickson on the property identified as Chapel Hill Township Tax Map 70, Block D, Lot 5 (PIN #9787-59-6577), if developed according to the preliminary site plan dated November 13, 2001 and revised July 12, 2002, and the conditions listed below, would comply with the provisions of the Land Use Management Ordinance:
(INSERT REASONS FOR DENIAL)
BE IT FURTHER RESOLVED that the Council hereby denies the application for Preliminary Plat Approval for the Creekside Subdivision.
This the 14th day of April, 2003.
Summary of Comments from the February 24, 2003 Public Hearing
In addition to comments addressed by the Key Issues section included in this memorandum, the following comments were offered at the February 24 Public Hearing regarding the Creekside development:
1. Reduce Number of Lots to 9: One of the members of the Morgan Creek / Kings Mill Neighborhood Association requested that the stream on the northwestern part of the lot be classified as intermittent, requiring a reduction of the number of lots be reduced to 9 from 11 because of the expanded Resource Conservation District.
Comment: The upper part of the western stream has been resurveyed and Town staff continues to classify it as ephemeral. However, given the controversy over whether this western stream segment should be classified as intermittent or ephemeral, the applicant has voluntarily offered to design the subdivision as if the stream segment were intermittent. The applicant has proposed to provide a 50-foot corridor for this drainage channel segment that has been classified as ephemeral. By offering this 50-foot protected corridor along the drainage channel the applicant has also considered it necessary to move the road alignment and to reduce the number of lots to 9.
We believe that the applicant has provided the protections and reduced density that the Morgan Creek / Kings Mill Neighborhood Association requested. Please refer to Item 8.1 on tonight’s agenda for additional discussion regarding stream classification.
2. North Carolina Botanical Garden Foundation: Johnny Randall, Director of Conservation at the N. C. Botanical Garden Foundation, made the following comments: 1) realign the road to avoid three trees along the road, 2) place utility lines in driveways to minimize damage to the root-zones of trees, 3) provide conservation easements on the steep slopes adjacent to the one-acre of conservation land along Morgan Creek that the applicant is deeding to the Foundation, 4) provide $10,000 to the N. C. Botanical Garden Foundation for conservation stewardship.
Comment: We note that the road has been realigned and some specimen trees have been retained, particularly a 35-inch Oak along the central part of the western property line. We believe that the applicant’s proposal to reduce the number of lots from 11 to 9 will minimize removal of specimen trees and significant tree stands. Approximately twenty specimen trees, including 9 hardwoods and 11 pines, are proposed to be removed for the development of 9 single family homes with related infrastructure (see Attachment 2). We believe that the applicant is attempting to preserve as many trees as practicable, given the competing environmentally sensitive factors that must be balanced on this site, including Resource Conservation District corridors and steep slopes.
The placement of utility lines to individual lots will be reviewed when development is proposed on the individual lots. A tree protection plan will be required if land disturbance on each individual lot is 5,000 square feet or greater. During the process of reviewing the Zoning Compliance Permit for each lot, Town staff will encourage preservation of vegetation. We note that in some cases, placing a utility line under a driveway may not be the best location.
The applicant has offered to give 1 acre of sensitive land, adjacent to Morgan Creek, to the N.C. Botanical Garden Foundation for conservation purposes (to fulfill the recreation requirement). Providing conservation easements on steep slopes and payments to private organizations are not required by the Land Use Management Ordinance. The applicant has not offered to provide conservation easements on the steep slope areas, adjacent to the conservation area, nor has he offered $10,000 for conservation stewardship.