AGENDA #1
MEMORANDUM
TO: Mayor and Town Council
From: W. Calvin Horton, Town Manager
Subject: Public Hearing: 1723 Homestead Road Subdivision - Application for Preliminary Plat Approval (File No. 7.109..9B)
Date: April 23, 2003
INTRODUCTION
An application seeking approval of a Preliminary Plat has been filed by Mr. Preston Nisbet. The 1.25 acre site is located south of Homestead Road and immediately west of Rogers Road. The applicant is proposing to extend public sewer service and create 3 residential lots with a shared driveway entrance off of Homestead Road. The site is located in the Residential-2 (R-2) zoning district. The site is located in Orange County and is identified as Chapel Hill Township Tax Map 109, Lot 9B.
Even though this subdivision proposal would create only three lots, it is classified as a Major Subdivision for two reasons: previous subdivision activity involving this parcel, and extension of public utilities. Please see “Background” section below for further discussion.
Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of the application.
This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
· Cover Memorandum: Introduces application, describes process for review, summarizes staff and advisory board comments, and offers recommendations for Council action.
· Staff Report: Offers detailed description of site and proposed development.
· Attachments: Includes a checklist of requirements for this development, resolutions of approval and denial, advisory board comments, and applicant’s materials.
Background
Preliminary Plat approval authorizes the division of land. Assuming approval of the Preliminary Plat, we expect the lots in this subdivision to be used for construction of single-family homes. However, we note that two-family dwellings (single-family home with an accessory apartment), places of worship, child day care facilities, and non-profit recreation facilities are permitted uses on lots in the Residential-2 zoning district subject to some restrictions.
We note that a Major Subdivision application is required, rather than a Minor Subdivision application, if any one of the following conditions is met:
1. create more than four (4) lots from any one tract of land, whether such lots are created at one time or over an extended period of time; or
2. dedicate or improve any new street other than widening approved existing streets; or
3. extend a public water or sanitary sewerage system other than laterals to individual lots; or
4. install drainage improvements which would require easements through one or more lots to serve other lots.
This application meets conditions 1 and 3 and is therefore a Major Subdivision application. Regarding item 1, we understand that the parent parcel from which this lot was subdivided was 110 acres in 1963, and has been subdivided more than 4 times since October 8, 1956. Furthermore, regarding item 3, the applicant is proposing to extend a sewer main along Homestead Road. Accordingly, the applicant is required to submit a Major Subdivision application.
PROCESS
This is an application for a Preliminary Plat approval. The Land Use Management Ordinance requires the Town Manager to conduct an evaluation of a Preliminary Plat application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Town standards; we have presented a report to the Planning Board; and tonight we submit our report and preliminary recommendation to the Council.
We note that review of subdivision proposals differs from review of Special Use Permits in that the question of compliance with regulations and standards is the basis for approval or denial, rather than the four findings of fact listed in Section 4.5 of the Land Use Management Ordinance. However, the Council’s review and action on a subdivision is quasi-judicial, with sworn testimony and evidence entered into the record. Please see the attached summary of key differences between legislative and quasi-judicial zoning decisions, prepared by Mr. David Owens of the School of Government.
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.
Information regarding this application will be presented at tonight’s Public Hearing. The Land Use Management Ordinance directs that if, after consideration of the information, the Council decides that the application meets all the Land Use Management Ordinance requirements, the application must 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.
evaluation of the application
Evaluation of this application centers on compliance with the subdivision regulations and standards in both the Development Ordinance and the proposed Land Use Management Ordinance. We have included, as an Attachment to this memorandum, a checklist of the Town’s subdivision regulations. The checklist indicates which of the Town’s regulations are satisfied by the applicant’s proposal and recommended conditions.
The Council may find that the proposal meets the subdivision regulations and other pertinent Town regulations, or may find that the proposal does not meet the regulations. Please refer to the attached Staff Report for detail on compliance with subdivision regulations.
KEY ISSUES
We understand that the applicant does not oppose with any of the conditions in Resolution A. We note that none of the advisory boards have recommended any changes to Resolution A, and there have been no citizen comments offered to date.
SUBSEQUENT REGULATORY STEPS
Following is a brief outline describing the next steps in the development review process, should the Council approve the Preliminary Plat application:
1. Applicant receives the clerk-certified copy of the Council-adopted resolution;
2. Applicant submits detailed Final Plans and documentation, complying with Council stipulations. Information is reviewed by Town departments and the following agencies:
· Orange Water and Sewer Authority,
· Duke Power Company,
· Public Service Company,
· BellSouth, and
· Time-Warner Cable.
3. Upon demonstration of compliance with remaining Council stipulations, Town staff issues a Zoning Compliance Permit authorizing site work. Permit includes conditions specific to the development and requires pre-construction conferences with Town staff;
4. Applicant submits final plat application for Town review and approval. Once approved, the plat is recorded;
5. Applicant submits Zoning Compliance Permit application for development of each individual lot; and
6. Inspections Department issues Building Permits for development on individual lots and Certificates of Occupancy.
RECOMMENDATIONS
Recommendations are summarized below. Please see the attached summaries of board actions and recommendations.
Planning Board Recommendation: The Planning Board reviewed this application on April 1, 2003, and voted 7-0 to recommend that the Council approve Resolution A with conditions. Please see the attached Summary of Planning Board Action.
Parks and Recreation Commission Recommendation: The Parks and Recreation Commission reviewed this proposal on April 9, 2003 and voted 9-0 to recommend that the Council approve Resolution A with conditions. Please see the attached Parks and Recreation Commission Summary of Action.
Transportation Board Recommendation: The Transportation Board reviewed this subdivision proposal on April 15, 2003. The Board voted 8-0 to recommend that the Council approve Resolution A with conditions. Please see the attached Transportation Board Summary of Action.
Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this subdivision proposal on April 22, 2003. We will provide the Bicycle and Pedestrian Advisory Board Summary of Action to the Council as soon as it is available.
Manager’s Preliminary Recommendation: Our preliminary recommendation is that the Council approve the Preliminary Plat application with the conditions listed in Resolution A.
Resolution B would deny the application.
1. Staff Report (p. 6).
2. Checklist of Compliance with Subdivision Regulations (p. 13).
4. Resolution B (p. 19).
5. Summary of Planning Board Action (p. 20).
6. Summary of Parks and Recreation Commission Action (p. 21).
7. Summary of Transportation Board Action (p. 22).
8. Summary of Concept Plan Review (p. 23).
9. Subdivision Fact Sheet (p. 25).
10. Area Map and Reduced Plans (p. 27).
11. Summary of Differences Between Legislative and Quasi-Judicial Zoning Decisions (p. 30).
Staff Report
Subject: Public Hearing: 1723 Homestead Road Subdivision - Application for Preliminary Plat Approval (File No. 7.109.9B)
Date: April 23, 2003
INTRODUCTION
We have received a request for Preliminary Plat approval for the 1723 Homestead Road Subdivision. The 54,523 square-foot site (1.25 acres) site is located south of Homestead Road and immediately west of Rogers Road. The applicant is proposing to extend public sewer service and create 3 residential lots with a shared driveway entrance off of Homestead Road. The site is located in the Residential-2 (R-2) zoning district. The site is located in Orange County and is identified as Chapel Hill Township Tax Map 109, Lot 9B.
Attached is the Subdivision Fact Sheet and reduced plans.
Background
Preliminary Plat approval authorizes the division of land. Assuming approval of the Preliminary Plat, we expect the lots in this subdivision to be used for construction of single-family homes. However, we note that two-family dwellings (single-family home with an accessory apartment), places of worship, child day care facilities, and non-profit recreation facilities are permitted uses on lots in the Residential-2 zoning district subject to some restrictions.
We note that a Major Subdivision application is required, rather than a Minor Subdivision application, if any one of the following conditions are met:
1. create more than four (4) lots from any one tract of land, whether such lots are created at one time or over an extended period of time; or
2. dedicate or improve any new street other than widening approved existing streets; or
3. extend a public water or sanitary sewerage system other than laterals to individual lots; or
4. install drainage improvements which would require easements through one or more lots to serve other lots.
This application meets conditions 1 and 3 and is therefore a Major Subdivision application. Regarding item 1, we understand that the parent parcel from which this lot was subdivided was 110 acres in 1963, and has been subdivided more than 4 times since October 8, 1956, the effective date of the Town’s subdivision regulations, requiring a Major Subdivision application. Furthermore, regarding item 3, the applicant is proposing to extend a sewer main along Homestead Road. Accordingly, the applicant is required to submit a Major Subdivision application.
Evaluation
We have reviewed the application for compliance with the standards of the Land Use Management Ordinance and offer the following evaluation.
GENERAL ISSUES
Existing Conditions: The 54,523 square-foot site (1.25 acres) is located south of Homestead Road and immediately west of Rogers Road.
The site is located in the Residential-2 (R-2) zoning district as are adjacent properties on the south side of Homestead Road. The north side of Homestead Road is in Carrboro’s jurisdiction and we understand it is zoned Residential-20 (R-20), which is a medium density residential zoning district.
The site is not located in the Watershed Protection District or the Resource Conservation District.
The property currently has a single-family residential unit on it with access to Homestead Road. The site has a mix of open fields, with some mixed pine and oak trees located along the eastern property line. There are four oak trees ranging from 18” to 27” in diameter. The terrain generally slopes to the southwest at an average grade of 4%.
Development Description: The applicant proposes to subdivide the 54,523 square-foot site into 3 lots with a single point of access from Homestead Road. The lot sizes are proposed to range in size from 12,377 square feet to 19,998 square feet. The minimum lot size allowed in this zoning district is 10,000 square feet.
The applicant is proposing to provide 6,543 square feet of recreation area. The minimum recreation area required by the Land Use Management Ordinance is 6,543 square feet.
TRANPORTATION ISSUES
Access and Circulation: All three lots would have the required frontage on a public street (Homestead Road). For reasons of minimizing curb cuts onto a major road, we encouraged the
applicant to pursue a shared driveway design. The applicant agreed, and vehicular access to the site is proposed from a shared driveway entrance off of Homestead Road. The existing driveway on the Homestead Road frontage is proposed to be abandoned.
The shared gravel driveway is proposed with access to Homestead Road to serve the three lots. A driveway and landscape easement is proposed near Homestead Road to provide access to each of the three lots. We recommend that the shared driveway be maintained by the Homeowners’ Association. We have included a stipulation to this effect in Resolution A.
The applicant is proposing to dedicate 20 feet of additional right-of-way along the Homestead Road frontage (approximately 290 linear feet). We have included a stipulation to this effect in Resolution A. We believe that the additional right-of-way dedication is appropriate as Homestead Road may be widened at some time in the future.
We do not recommend improvements to the Homestead Road frontage given the scale of the proposal and the fact that it does not appear to meet the “rough proportionality test.” The "rough proportionality" standard requires cities to make "an individualized determination that the required dedication is related both in nature and extent to the impact of the proposed development."[1]
Traffic Impact: A Traffic Impact Analysis was not required for this development proposal. The requirement to prepare a Traffic Impact Analysis may be waived by the Town Manager if all of the following conditions are met:
· Daily trip generation is less than 500 (or, for a change to an existing property that does not requiring rezoning, difference in daily trip generation is less than 500);
· No more than 250 vehicles per day (or, for a change to an existing property that does not requiring rezoning, no more than 250 vehicles per day) access an existing collector or local road;
· The total traffic, including background traffic and additional traffic from proposed new site or redeveloped property does not exceed an average of 150 vehicles per day on any unpaved road;
· The applicant submits a written request for a Traffic Impact Analysis waiver with appropriate supporting documentation including pedestrian/bicycle analysis, if applicable; and
· The Town Manager concurs with the request.
·
This development proposal is expected to generate trips fewer than 50 trips per day and therefore met the above required criteria for an exemption.
RECREATION ISSUES
Section 5.5.2 of the Land Use Management Ordinance requires that the applicant provide 6,543 square feet of recreation area. The applicant is proposing to provide 6,543 square feet of recreation area centrally located on the site. The proposed recreation area would be divided into two parts with fruit trees on the eastern part and a garden, with a water supply, located on the western part, available for use by the three property owners in the subdivision. We recommend that two benches and fencing be installed in the recreation area. We have included a stipulation to this effect in Resolution A.
We recommend that the recreation area be owned and maintained by the Homeowners’ Association. We have included a stipulation to this effect in Resolution A.
HOUSING ISSUES
Housing Floor Area Restrictions: Section 3.8.5 of the Land Use Management Ordinance includes regulations for subdivisions that propose more than 5 lots, which restricts the house size of 25 percent of the new dwellings for 30 months after issuance of a Certificate of Occupancy to no more than 1,350 square feet each. This development proposal falls below the five-unit threshold which triggers the small-house requirement, however the applicant is proposing to offer one small unit on the site, with no more than 1,350 square feet of floor area on lot C. We have included a stipulation to this effect in Resolution A.
LANDSCAPING ISSUES AND ARCHITECTURAL ISSUES
Buffers and Landscaping: Landscape buffers are not required by the Land Use Management Ordinance between single-family residential lots or adjacent to vacant low-density residentially zoned property. A 15 ft. Type ‘B’ landscape bufferyard is required along the Homestead Road frontage however. We recommend that this buffer be located in a landscape easement maintained and controlled by the Homeowner’s Association. We have included our standard stipulation requiring this landscape buffer and a Landscape Protection Plan in Resolution A.
Landscape Buffer Summary
|
Buffer Location |
Buffer Required |
Buffer Proposed |
|
Homestead Road Frontage (street type: arterial) |
Min. 15 ft. Type ‘B’ Buffer |
Min. 15 ft. Type ‘B’ Buffer |
|
East and Southwest Property Lines |
No buffers required |
No buffers proposed |
We recommend that the applicant protect a significant 30” diameter hardwood tree near the proposed shared driveway entrance off of Homestead Road from construction of water and sewer lines or any subsequent activity related to the development of individual lots. We recommend that the critical root zone of this tree be clearly indicated on Final Plans to ensure that it is being properly protected. We also recommend that any rare or specimen trees adjacent to the proposed sewer line extension be shown as well as proposed tree protection fencing. We have included our standard stipulation requiring these landscape elements and a Landscape Protection Plan in Resolution A.
It appears that the applicant may have to disturb land offsite associated with the public sewer construction. We recommend that the applicant provide evidence that the property owner(s) will permit this disturbance. We have included a stipulation to this effect in Resolution A.
We recommend that a Homeowners’ Association be created for the purpose of owning and maintaining common areas, however designated, and the shared driveway. We recommend that the Homeowners’ Association document be approved by the Town Manager prior to recordation of the final plat at the Orange County Register of Deeds Office. We recommend that the Homeowners’ Association document be cross-referenced on the final plat. We have included a stipulation to this effect in Resolution A.
We note that Land Use Management Ordinance has new tree protection requirements. The regulations require that when more than 5,000 square feet of land disturbance is proposed on a single-family lot that a landscape protection plan be provided prior to receiving a Zoning Compliance Permit and Building Permit.
ENVIRONMENTAL ISSUES
Watershed Protection District: The proposed development is not located in the Watershed Protection District, however, Article 3.8 (Table 3.8-1) and Section 3.6.4 (Table 3.6.4-1) of the newly enacted Land Use Management Ordinance restricts impervious surface town-wide.
Impervious surface is restricted to the following choices for single-family and two-family dwellings on lots created after January 27, 2003: 1) the Low Density Option, with no more than two dwelling units per acre or 24% built upon area, or 2) the High Density Option with no more than 50% built upon area. The High Density Option for impervious surface requires that applicants employ structural controls to manage the first inch of stormwater runoff. The applicant will be required to provide impervious surface calculations for each lot prior to issuance of a Zoning Compliance Permit, and provide detailed information of stormwater management controls to be employed if the proposed impervious surface is greater than 24% on any lot. We have included a stipulation to this effect in Resolution A.
We note that building footprints, stone or concrete walkways, patios, and the like are considered impervious surfaces, whereas wooden decks, gravel driveways, and swimming pools are not considered impervious surfaces.
Resource Conservation District: None of the proposed development is located in the Resource Conservation District as defined by Section 3.6.3 of the Land Use Management Ordinance.
Steep Slopes: The steep slopes provisions contained in Section 5.3.2 Land Use Management Ordinance call for minimal grading and site disturbance as well as specialized site design techniques in areas with slopes greater than 10%. The Land Use Management Ordinance also requires that land disturbance be limited to 25% of areas with slopes greater than 25%. These provisions will not pertain to this development proposal as the average slope of the site is 4% with maximum slopes not exceeding 5%.
Stormwater Management: This application proposes to extend public sewer service and install a fire hydrant along the Homestead Road frontage and create three lots. Compliance with stormwater management regulations will be required as a component of development plans for each lot. We have included a stipulation to this effect in Resolution A.
The applicant has proposed to manage stormwater runoff by 1) directing runoff from the future residential units via sheet flow across lawns and into vegetated areas and 2) using the proposed sandy/loamy soils in the vegetable gardens to enhance infiltration. We recommend that the applicant employ additional Integrated Management Practices, if necessary, to ensure compliance with the stormwater management standards at the time of application for development of the proposed lots. We have included a stipulation to this effect in Resolution A.
Erosion Control: Article 5 of Chapter 5 of the Town Code of Ordinances requires that an erosion control plan be approved by the Orange County Erosion Control Officer for more than 20,000 square feet of land disturbance. We believe the proposed infrastructure construction will be subject to this regulation. We recommend that an erosion control plan for the site be approved by the Orange County Erosion Control Officer, and be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A. We note that the Town has a requirement that a letter of credit or bond be provided to ensure compliance with erosion control regulations.
UTILITY AND SERVICE ISSUES
Refuse Management: Resolution A includes a stipulation that a Solid Waste Management Plan, including provisions for recycling, be submitted for review and approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.
Utilities: We recommend that detailed utility plans be reviewed and approved by OWASA, Duke Power Company, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Utility Lines: There is an overhead power line going to the existing house on Lot A. We believe that is a nonconforming feature that is not being made worse and therefore may remain. The applicant has not indicated proposed electrical utility lines to serve future development on Lots B and C. We recommend that all new utility lines be placed underground. We have included a stipulation to this effect in Resolution A.
The applicant is proposing to extend sanitary sewer main along Homestead Road and laterals to each new lot.
Fire Safety: Prior to issuance of a Zoning Compliance Permit, a fire flow report, prepared and sealed by a registered professional engineer, will be required for review and approval by the Town Manager. The applicant has proposed a fire hydrant along the Homestead Road frontage immediately to the southwest of the proposed driveway to the site. We recommend that the maximum spacing between fire hydrants not exceed 500 feet. We have included a stipulation to this effect in Resolution A.
MISCELLANEOUS ISSUES
Construction Management: We recommend that a Construction Management Plan, indicating how construction vehicle traffic will be managed, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Open Burning: We have included a stipulation in Resolution A requiring that no open burning be permitted in association with this development.
Comprehensive Plan: The Chapel Hill Land Use Plan, a component of the Comprehensive Plan, classifies this site and adjacent properties as low density residential (1-4 units per acre). The applicant is proposing a density of 2.4 units per acre.
CONCLUSION
We believe the proposal, if developed in accordance with the stipulations in Resolution A would meet or exceed all stated requirements in the Land Use Management Ordinance, and that the proposal fulfills the purposes of the Comprehensive Plan.
Resolutions A would approve the application with conditions.
Resolution B would deny the request.
Checklist of
Regulations and Standards
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|
STAFF EVALUATION |
|
|
|
LAND USE MANAGEMENT ORDINANCE |
|
|
PRELIMINARY PLAT FOR 1723 HOMESTEAD ROAD SUBDIVISION |
COMPLIANCE
|
NONCOMPLIANCE |
|
Meets Minimum Lot Size Provisions in Section 3.8-1 of the Land Use Management Ordinance |
Ö |
|
|
Meets Minimum Lot Width Provisions in Section 3.8-1 of the Land Use Management Ordinance |
Ö |
|
|
Meets Minimum Lot Frontage Provisions in Section 3.8-1 of the Land Use Management Ordinance |
Ö |
|
|
Meets Requirement for Lots Fronting on a Road Meeting Town Standards |
Ö With R-O-W Dedication |
|
|
Meets Access and Circulation Provisions in Article 5.8 of the Land Use Management Ordinance and the Design Manual |
Ö |
|
|
Recreation Area Type Meets Section 5.5.2 of the Land Use Management Ordinance |
Ö |
|
|
Meets Minimum Landscape Buffer Provisions in Article 5 of the Land Use Management Ordinance and the Design Manual |
Ö With Condition |
|
|
Meets Public Water and Sewer Availability Requirements in the Land Use Management Ordinance |
Ö With Extension |
|
|
Meets Tree Protection Requirements in Article 5.7 of the Land Use Management Ordinance |
Ö With Condition |
|
|
Meets Resource Conservation District Regulations in Section 3.6.3 of the Land Use Management Ordinance |
N/A |
|
|
Meets Watershed Protection District Regulations in Section 3.6.4 of the Land Use Management Ordinance |
N/A |
|
|
Meets Impervious Surface Limits of Section 3.8-1 of the Land Use Management Ordinance |
Ö None Proposed |
|
|
Stormwater Management Plan Meets Article 5.4 of the Land Use Management Ordinance |
Ö With Conditions |
|
|
Floor Area Restrictions Meet Section 3.8-1 of the Land Use Management Ordinance |
N/A |
|
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Homeowners’ Association Proposed, if Applicable |
Ö |
|
|
Meets Cluster Subdivision Provisions in Section 3.8.8 of the Land Use Management Ordinance, if Applicable |
N/A |
|
|
Reservation of a School Site, if Applicable |
N/A |
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County Health Department Approval Received, if Applicable |
N/A |
|
N/A = Not Applicable prepared 4/10/2003
14
RESOLUTION A
(Approving Application)
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR THE 1723 HOMESTEAD ROAD SUBDIVISION (File No. 7.109..9B)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the 1723 Homestead Road Subdivision, proposed by Preston Nesbit on the property identified as Chapel Hill Township Tax Map 109, Lot 9B, (PIN #9870-60-0777) if developed according to the preliminary site plan dated August 14, 2002 and revised February 4, 2003, 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 3 buildable lots on 54,537 square feet (1.25 acres).
3. Right-of-Way Dedication: That the applicant shall dedicate 20 feet of additional right-of-way along the property’s Homestead Road frontage.
4. Recreation Area Requirements: That the applicant shall provide 6,543 square feet of recreation area, with two benches, fencing, and a water supply, centrally located on the site that includes an area for fruit trees and a garden, to be deeded to the Homeowners’ Association and approved by the Town Manager.
Stipulations Related to Housing Issues
5. Provision of Restricted Floor Area Housing: That the applicant shall provide one restricted floor area dwelling unit with no more than 1,350 square feet of floor area. The floor area of the dwelling unit shall be restricted for a 30 month period from the date of issuance of a Certificate of Occupancy, or for a 30-month period following recordation of the final plat if the house on Lot C is proposed to satisfy this stipulation and no Certificate of Occupancy is issued.
Stipulations Related to Landscaping and Architectural Issues
6. Landscape Bufferyards: That the applicant shall provide a minimum of a 15-foot wide Type-‘B’ buffer along the Homestead Road frontage.
The landscape buffer shall be located within a landscape easement maintained and controlled by a Homeowners’ Association.
Landscape Buffer Summary
|
Buffer Location |
Buffer Required |
|
Homestead Road Frontage |
Min. 15 ft. Type ‘B’ Buffer |
7. Tree Protection: That the applicant shall protect a significant 30” diameter hardwood tree near the proposed shared driveway entrance off of Homestead Road during construction of water and sewer lines or any subsequent activity related to the development of individual lots.
8. Critical Root Zones: That the applicant shall clearly indicate the critical root zones of all designated significant trees on Final Plans.
9. Offsite Land Disturbance: That the applicant shall provide evidence that the property owner(s) will permit any off-site land disturbance, to be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
10. 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, the landscape easement and the shared driveway, however designated. That a Homeowners’ Association shall not restrict or prohibit the use, installation or maintenance of solar collection devices. 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
11. Impervious Surface Restrictions: That the applicant shall provide impervious surface calculations for each lot prior to issuance of a Zoning Compliance Permit, and provide detailed information of stormwater management controls to be employed if the proposed impervious surface is greater than 24% on any lot, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
12. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit, for infrastructure improvements or subsequent development on individual lots, 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.
13. Integrated Management Practices: That the applicant shall employ Integrated Management Practices, such as directing sheet flow across lawns and vegetated areas and infiltration enhancements such as employing sandy/loamy soils in the vegetable gardens when development activity is proposed on individual lots. That the applicant shall employ additional Integrated Management Practices, if necessary, to comply with stormwater management standards. 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.
14. Storm Drainageway Easement: That all structural 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.
15. 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.
16. 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.
17. 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.
18. 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
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
31. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Preliminary Plat for the 1723 Homestead Road Subdivision in accordance with the plans and conditions listed above.
This is the______day of_______, 2003.
RESOLUTION B
(Denying Application)
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR THE 1723 HOMESTEAD ROAD SUBDIVISION (File No. 7.109..9B)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it fails to find that the 1723 Homestead Road Subdivision, proposed by Preston Nesbit on the property identified as Chapel Hill Township Tax Map 109, Lot 9B, (PIN #9870-60-0777) if developed according to the preliminary site plan dated August 14, 2002 and revised February 4, 2003, 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 1723 Homestead Road Subdivision.
This is the______day of_______, 2003.