REVISED RESOLUTION A
(Staff Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE OWASA MASON FARM WASTEWATER TREATMENT PLANT RECLAIMED WATER STORAGE AND PUMPING FACILITY (2007-04-11/R-11a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Orange Water and Sewer Authority on property identified as Orange County Parcel Identifier Number 9798-21-3071, if developed according to the site plan dated June 2006, would:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare:
2. Comply with all required regulations and standards of the Land Use Management Ordinance, including all applicable provisions, and with all other applicable regulations, with the modifications listed below;
3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property and is a public necessity; and
4. 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 for the provision of a public necessity:
1. Modification of Section 3.6.3-3 of the Land Use Management Ordinance dimensional regulations to allow a maximum of 85,810 square feet of floor area in the Resource Conservation District.
2. Modification of Section 3.6.3-3 of the Land Use Management Ordinance dimensional regulations to allow a maximum of 384,170 square feet of impervious surface in the Resource Conservation District.
This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree for the provision of a public necessity.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for the OWASA Mason Farm Wastewater Treatment Plant Reclaimed Water Storage and Pumping Facility in accordance with the plans listed above and with the conditions listed below:
1. That construction begins by April 11, 2009 and is completed by April 11, 2011.
2. Relationship to March 1, 2004 Special Use Permit Modification: That as described by the terms and conditions set forth in this resolution, this approval modifies the terms of the Special Use Permit Modification approved by the Town Council on March 1, 2004. Except as specifically authorized or modified by this document, the terms and conditions of the Special Use Permit Modification Resolution, as adopted by the Council on March 1, 2004, remain in effect.
3. Timing of Design Approval and Construction of Improvements: Unless otherwise noted, the design of improvements shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit and improvements shall be constructed prior to issuance of the first Certificate of Occupancy, or as required by an approved Phasing Plan.
4. Land Use Intensity: This Special Use Permit Modification authorizes the land use intensity requirements as specified below:
Land Use Intensity |
OWASA Mason Farm Wastewater Treatment Plant |
|
Net Land Area |
1,112,772 s.f. |
|
Total # of Buildings including Treatment Plant Infrastructure |
49 (1 new) |
|
Maximum Floor Area |
85,810 s.f. (5,130 new) |
|
Minimum # of Vehicular Parking Spaces |
24 (No Change) |
|
Minimum # of Bicycle Spaces |
2 (No Change) |
5. Transportation Management Plan: That the applicant provide a Transportation Management Plan to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. The required components of the Transportation Management Plan shall include:
a) Provision for designation of a Transportation Coordinator;
b) Provision for an annual Transportation Survey and Annual Report to the Town Manager;
c) Quantifiable traffic reduction goals and objectives;
d) Ridesharing incentives; and
e) Public transit incentives.
The plan shall be updated and approved annually by the Town Manager.
6. Required Landscape Bufferyard: That the following landscape buffers are required:
Location of Bufferyard |
Required Bufferyards |
|
|
|
|
Northern boundary of site towards Old Mason Farm Road |
Minimum 20’ Type ‘C’ Buffer |
|
Eastern boundary of site towards Morgan Creek |
|
|
Southern boundary of site towards Morgan Creek bypass channel |
|
|
Western boundary of site towards Morgan Creek |
Notes: 1) The modifications to the minimum landscape bufferyards, as granted by the March 1, 2004 shall remain in effect and shall not be superceded by this permit. 2) The Watershed Protection District requires 30’ wide buffers along stream channels on the periphery of the property. These may in some cases supersede the required bufferyards above.
7. Additional Buffer Widths: That the applicant shall provide 20-foot wide landscape buffers on all property boundaries except in cases where 30-foot wide landscape buffers are required to comply with Watershed Protection District regulations, with design subject to approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.
8. Landscape Protection Plan: That a detailed landscape protection plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall include a detail of protective fencing; and construction parking and materials staging/storage areas. This plan shall also indicate which labeled trees are proposed to be removed and where tree protection fencing will be installed.
9. Landscape Plan Approval: That detailed landscape plans (including buffers), landscape maintenance plans, and parking lot shading requirements be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. That the landscape plan shall indicate the size, type, and location of all proposed plantings.
10. Landscape Buffer Replacement: That any existing landscape buffer trees that are removed or damaged during construction shall be replaced post-construction, with design subject to approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.
11. Community Design Commission Approval: That the Community Design Commission shall review and approved details for all building elevation details and lighting plans prior to the issuance of a Zoning Compliance Permit.
12. Stormwater Management Plan: That a Stormwater Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. That the applicant shall meet the requirements of Section 5.4.6 (a-c) of the Land Use Management Ordinance regulations, regarding stormwater quality, volume and rate, as reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
13. Watershed Protection District: That the applicant shall provide sand filters and level spreaders in conjunction with vegetated buffers, as a structural stormwater control for the high density impervious surface option, with design subject to Town Manager review prior to issuance of a Zoning Compliance Permit.
14. Operations and Maintenance Plans: That an Operations and Maintenance Plan for all engineered stormwater control structures shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
15. Performance Guarantee: That if more than one acre of land is disturbed, then a performance guarantee shall be provided, in accordance with Section 5-97.1 Bonds, of the Town Code of Ordinances, prior to final authorization to begin land-disturbing activities.
16. Resource Conservation District: A note shall be added to all final plans, indicating, “Development shall be restricted within the Resource Conservation District in accordance with the Land Use Management Ordinance.” The applicant shall comply with regulations as specified by the Ordinance in place at the time of approval.
17. No Rise Certificate: That the applicant shall obtain approval of a “no rise certificate” from the Town Manager prior to issuance of a Zoning Compliance Permit.
18. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Duke Energy, BellSouth, Public Service Company, Time/Warner Cable and the Town Manager before issuance of a Zoning Compliance Permit. That the final plans demonstrate there is no conflict between utility lines, easements, and other site elements.
19. Utility Lines: That except for existing 3-phase electric utility lines, all new or relocated utility lines shall be installed underground and shall be indicated on final plans, with design subject to approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.
20. Fire Flow: That the applicant shall provide a fire flow report prepared by a registered professional engineer and demonstrating compliance with the provisions of the Design Manual be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
21. Fire Department Connection and Fire Hydrant: That the final proposed location for all fire department connections and the location and number of new fire hydrants shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
22. Turning Radii for Fire Department Apparatus: That all driveway entrances and aisles shall be designed to meet the minimum unobstructed turning radii for fire apparatus access, with design subject to approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.
23. Solid Waste Management Plan: That prior to the issuance of a Zoning Compliance Permit, that the Town Manager review and approve a Solid Waste Management Plan, including provisions for private waste and recycling collection, management and minimizing of construction debris, and demolition waste.
24. Noise Control: The applicant shall provide sound attenuating enclosures for reclaimed water pumps and shall be required to comply with the Town Noise Ordinance.
25. Off-Site Easements: That all necessary off-site utility, construction, access, maintenance, or other easements, if required, shall be obtained and a recorded copy of such easements shall be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.
26. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the approved plans and demonstrate compliance with all applicable conditions and design standards of the Land Use Management Ordinance and Design Manual.
27. Erosion Control: That a soil erosion and sedimentation control plan be approved by the North Carolina Department of Environment, Health and Natural Resources and a copy of the approval be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit.
28. Encroachment Agreements: That any required State or Federal permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.
29. Silt Control: That the developer shall take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
30. Construction Management Plan: That a Construction Management Plan shall, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The Construction Management Plan shall: 1) indicate how construction vehicle traffic will be managed, 2) identify parking areas for on-site construction workers including plans to prohibit parking in residential neighborhoods, 3) indicate construction staging and material storage areas, and 4) identify construction trailers and other associated temporary construction management structures.
31. Construction Sign Required: That the shall applicant post a construction sign that lists the property owner’s representative, with a telephone number, the contractor’s representative, with a phone number; and a telephone number for regulatory information prior to commencement of any land disturbing activities. The construction sign may have a maximum of 32 square feet of display area and may not exceed 8 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background and may not be erected prior to issuance of a Building Permit and removed within seven days of issuance of a Certificate of Occupancy. A detail of the proposed sign and site location shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance
32. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
33. 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 by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit Modification for the OWASA Mason Farm Wastewater Treatment Plant Reclaimed Water Storage and Pumping Facility.
This the 11th day of April, 2007.