RESOLUTION B

(Planning Board and Community Design Commission Recommendation)

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE CHAPEL HILL KEHILLAH PARK/RIDE TERMINAL (2006-02-13/R-8b)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by the Town of Chapel Hill for the Chapel Hill Kehillah Park/Ride Terminal on property identified as Orange County Tax Map 7.17.C.11, (PIN 9788-51-0886) if developed according to the site plans dated November 30, 2005, and the conditions listed below:

 

  1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

 

  1. Would comply with all required regulations and standards of the Land Use Management Ordinance;

 

  1. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and 

 

  1. Would conform with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.

 

BE IT FURTHER RESOLVED by the Town Council of Chapel Hill that it finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

 

1.      Modification of Section 5.8.1 of the Land Use Management Ordinance regulations, to remove the requirement for sidewalks.

 

2.      Modification of Section 6.8 of the Land Use Management Ordinance regulations, to remove the requirement for a bus shelter.

 

This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree because the provision of parking spaces on land which has already been developed as and utilized for vehicle parking, is consistent with general plans for Town development and efficiently makes use of land already set aside as space for parking.

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for the Chapel Hill Kehillah Park/Ride Terminal in accordance with the plans listed above and with the conditions listed below:

 

1.      Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development unless superseded by those stipulations below.

 

2.      Added Stipulations:  That the below stipulation shall be added to the Resolution:

 

Mason Farm Crosswalk: That prior to the use as a Park/Ride Terminal the applicant shall provide a payment-in-lieu not to exceed $1,500 towards the installation of a highly visible crosswalk on Mason Farm Road.  That if deemed appropriate by the Town’s Engineering Department, the crosswalk shall be incorporated into a speed table, at a location to be approved by the Town Manager

 

3.      Deleted Stipulations:  That the below stipulations shall be deleted from the Resolution:

 

Sidewalks: That a sidewalk be constructed along the site’s frontages on Purefoy Road and Mason Farm Road. That where determined necessary by the Town Manager, portions of the new sidewalk construction may require the applicant to install curb and gutter. That the final design and location of this improvement shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.  That the sidewalk improvements must be completed prior to the use as a Park/Ride Terminal.

 

Bus Stop Shelter:  That prior to the use as a Park/Ride Terminal, the applicant shall set aside space for and provide a payment-in-lieu for a bus shelter to the Town to comply with Section 6.8.  The amount of the payment shall be $5,000.

 

Traffic and Pedestrian Control Plan: If deemed necessary by the Town Manager, the applicant will provide a Traffic and Pedestrian Control Plan prior to the issuance of a Zoning Compliance Permit.

 

Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating significant trees, significant tree stands, detail of protective fencing and construction parking and materials staging/storage areas, and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  That tree protection fencing be installed along the limits of all land disturbance, associated with paving of the parking lot.

 

Landscape Plan and Landscape Maintenance Plan: That a detailed Landscape Plan including a Landscape Maintenance Plan, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The landscape plan shall indicate the size, type, and location of all proposed buffers as well as the limits of land disturbance and tree protection fencing.

 

Impervious Surface Calculation:  That prior to the issuance of a Zoning Compliance Permit the applicant submit accurate impervious surface calculation for existing conditions and proposed improvements.

 

Erosion Control: If the development disturbs more than 20,000 square feet of land area, that a detailed soil erosion and sedimentation control plan, including provision for monitoring and maintenance of facilities and modifications of the plan if necessary, be approved by the County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. That a performance guarantee shall be provided, if more than one acre of land is disturbed, in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.

 

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

 

Lighting Plan:  That prior to the issuance of a Zoning Compliance Permit, the applicant shall submit site plans and other required documents to satisfy the lighting requirements of Section 5.11 including the submission of a lighting plan sealed by a Professional Engineer.

 

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, and the Town Manager prior to issuance of a Zoning Compliance Permit.

 

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.

 

As-Built Plans: That as-built plan in DWF 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.

 

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, 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.

 

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.

 

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit application for the Chapel Hill Kehillah Park/Ride Terminal in accordance with the plans and conditions listed above.

 

This the 13th day of February, 2006.