AGENDA #8
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: May 12, 2003
INTRODUCTION
Tonight the Council continues the 1723 Homestead Road Subdivision Public Hearing from April 23, 2003, regarding a Preliminary Plat application to authorize the subdivision of 1.25 acres into 3 residential lots. Adoption of Resolution A or B would approve the Preliminary Plat application with conditions. Adoption of Resolution C would deny the request.
This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
¨ Cover Memorandum: Provides background information on the development proposal and the Town’s review process, presents evidence in the record thus far in support of and in opposition to approval of the application, and offers recommendations for Council action.
¨ Attachments: Includes a copy of the April 23 Public Hearing memorandum and its related attachments.
BACKGROUND
On April 23, 2003, a Public Hearing was held for consideration of a Preliminary Plat application to authorize the creation of 1.25 acres into 3 lots for residential construction. The site is located south of Homestead Road and immediately west of Rogers Road. A single point of vehicular access is proposed from Homestead Road.
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.
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 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 April 23 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 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 (part of Attachment 2).
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.
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 2). The checklist indicates which of the Town’s regulations are satisfied with the applicant’s proposal, and recommended conditions.
We believe that the proposal meets the subdivision regulations and other pertinent Town regulations, but the Council could conclude otherwise.
KEY ISSUE
We believe that most questions raised at the April 23 Public Hearing by Council members were answered on the floor at the meeting except for a question regarding sidewalks. No citizens to date have commented on the application and the applicant has not taken issue with any of stipulations in Resolution A.
Provision of a Sidewalk: A Council member asked the applicant why he was not proposing to provide a sidewalk along the Homestead Road frontage.
The applicant responded that he did not think that the size of his proposed subdivision warranted providing a sidewalk, nor that it was practical due to surrounding terrain.
Comment: We do not recommend improvements to the Homestead Road frontage given the scale of the proposal and given 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." Additionally, the terrain to the east and west of the site is not suitable for sidewalk construction.
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 Summary of Planning Board Action is part of Attachment 2.
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. The Parks and Recreation Commission Summary of Action is part of Attachment 2.
Transportation Board Recommendation: The Transportation Board reviewed this subdivision proposal on April 15, 2003, and voted 8-0 to recommend that the Council approve Resolution A with conditions. The Transportation Board Summary of Action is part of Attachment 2.
Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this subdivision proposal on April 22, 2003, and voted 7-1 to recommend that the Council approve Resolution A with conditions. Please see the attached Bicycle and Pedestrian Advisory Board Summary of Action.
Resolution B includes the following recommendation of the Bicycle and Pedestrian Advisory Board:
Payment-in-Lieu of Sidewalks: That the applicant shall provide a payment-in-lieu of sidewalks, in the amount equivalent to providing Town standard sidewalks along the length of the Homestead Road frontage, to be approved by the Town Manager.
Comment: We do not recommend improvements to the Homestead Road frontage given the scale of the proposal and given 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." Additionally, the terrain to the east and west of the site is not suitable for sidewalk construction. For these reasons, we do not recommend a payment-in-lieu of sidewalks.
Manager’s Recommendation: We recommend that the Council approve this Preliminary Plat application with the conditions listed in Resolution A.
Resolution C
would deny the application.
1723 HOMESTEAD ROAD
DIFFERENCES AMONG RESOLUTIONS
|
ISSUE |
Resolution A Manager’s Recommendation, Planning Board Recommendation, Transportation Board Recommendation, and Parks and Recreation Commission Recommendation |
Resolution B Bicycle and Pedestrian Advisory Board Recommendation |
|
Payment-In-Lieu of Sidewalks Along Homestead Road Frontage |
No, Does Not Meet “Rough Proportionality Test” |
Yes |
ATTACHMENTS
1. Summary of Bicycle and Pedestrian Advisory Board Action from April 22, 2003 (p. 13).
2. Memorandum from April 23, 2003 Public Hearing (p. 14).
RESOLUTION A
(Manager’s Recommendation, Planning Board Recommendation,
Transportation Board Recommendation, and Parks and Recreation Commission Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR THE 1723 HOMESTEAD ROAD SUBDIVISION (2003-05-12/R-5a)
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 the 12th day of May, 2003.
RESOLUTION B
(Bicycle and Pedestrian Advisory Board Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR THE 1723 HOMESTEAD ROAD SUBDIVISION (2003-05-12/R-5b)
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. 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 Stipulation shall be inserted into Resolution A:
1. Payment-in-Lieu of Sidewalks: That the applicant shall provide a payment-in-lieu of sidewalks, in the amount equivalent to providing Town standard sidewalks along the length of the Homestead Road frontage, to be approved by the Town Manager.
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 the 12th day of May, 2003.
RESOLUTION C
(Denying Application)
A RESOLUTION DENYING AN APPLICATION FOR A PRELIMINARY PLAT FOR THE 1723 HOMESTEAD ROAD SUBDIVISION (2003-05-12/R-5c)
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 the 12th day of May, 2003.