REVISED RESOLUTION A

(Approving the Special Use Permit Application)

Manager’s Revised Recommendation

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE CHAPEL HILL COUNTRY CLUB (2007-04-11/R-12a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by the John R. McAdams Company, Inc. for the Chapel Hill Country Club on property identified as Orange County Property Identifier Number 9798-68-9751 and Durham County Property Identification Number 9799-04-81-4658 if developed according to the site plans dated October 16, 2006, January 5, 2007, the revised application materials dated March 28, 2007, April 2, 2007, and the conditions listed below 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;

 

3.      Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; 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 modification satisfies public purposes to an equivalent or greater degree:

 

  1. Modification of Article 5.6 of the Land Use Management Ordinance Landscape, Screening and Buffer Regulations, that existing buffers at the Chapel Hill Country Club are sufficient.

 

This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree because: 1) the surrounding residential neighborhood is a compatible use and views from the neighboring residential lots into and across the golf course constitutes an amenity; 2) the area of proposed activity is generally buffered consistent with the current Land Use Management Ordinance standards; and 3) attention to landscaped buffering on the part of the Country Club is amply demonstrated.

 

  1. Modification of Article 5.9 of the Land Use Management Ordinance Parking and Loading Regulations, that existing parking lot screening is sufficient.

 

This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree because: 1) the majority of the existing parking area is adequately screened; and 2) the area with insufficient screening is mitigated through an elevation change and existing landscaping.

 

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

 

Stipulations Specific to the Development

 

1.      That construction begins by April 11, 2009 and be completed by April 11, 2012.

 

2.      Land Use Intensity: This Special Use Permit authorizes the Chapel Hill Country Club expansion according to the land use intensity requirements and dimensional standards as specified below:

 

Land Use Intensity

Net Land Area

1,405,301 s.f.

Total # of Buildings

3

Maximum Floor Area

28,803 s.f.

Maximum Impervious Surface Area

337,272 s.f.

Maximum # of Vehicle Parking

Spaces Proposed

168

Minimum # of Bicycle Spaces

42

 

Stipulations Related to Transportation

 

3.      Speed Table:  That the applicant shall provide a payment-in-lieu of $3,500 towards the Town of Chapel Hill’s speed table project to accommodate a pedestrian crosswalk prior to issuance of a Zoning Compliance Permit.

 

4.      Bicycle Parking Spaces:  That in addition to maintaining the existing 20 bicycle parking spaces that the applicant provides an additional 22 bicycle parking spaces.  The additional bicycle parking spaces shall be provided by installing 11 new inverted “U” type bicycle racks.

 

5.      Parking Lot Standards: That all parking lots, drive aisles and parking spaces shall be constructed to Town standards.

 

6.      Sidewalk: That the applicant shall provide a five-foot sidewalk, from Lancaster Drive to the Clubhouse, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

 

Stipulations Related to Landscaping and Architecture

 

7.      Required Buffers: That a 20-foot Type “C” landscape buffers be provided around the entire site to be encumbered by this Special Use Permit with the exception of 1) the tennis courts frontage on New Castle Drive and on the north side of the northernmost tennis court; 2) the vegetated buffer at the corner of Lancaster Drive and New Castle Drive; 3) and the areas along the Special Use Permit boundary as identified on the Landscape Buffers Exhibit (aerial photo) dated April 2, 2007 and accompanying description.

 

8.  Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees shall be removed and preserved, critical root zones of all rare and specimen 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.

 

9.  Parking Lot Landscape Screening: That all parking areas, with the exception of the southwestern corner, shall be screened from view in accordance with the provisions of Article 5.6 of the Land Use Management Ordinance. The landscape screening plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

10.  Parking Lot Shading Plan: That prior to issuance of a Zoning Compliance Permit, a Parking Lot Shading Plan must be submitted and approved by the Town Manager demonstrating compliance with Town regulations.

 

11.  Community Design Commission: That the Community Design Commission approve building elevations and a light plan prior to issuance of a Zoning Compliance Permit.

 

Stipulations Related to the Environment

 

12.  Erosion Control:  That a soil erosion and sedimentation control plan be approved by Orange County and a copy of the approval be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit.

 

If one (1) acre or more is uncovered by land-disturbing activities for this project, then a performance guarantee in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances shall be required prior to final authorization to begin land-disturbing activities.  This financial guarantee is intended to cover the costs of restoration of failed or failing soil erosion and sedimentation controls, and/or to remedy damages resulting from land-disturbing activities, should the responsible party or parties fail to provide prompt and effective remedies acceptable to the Town.

 

13.  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

 

14.  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.

 

15.  Utility/Lighting Plan Approval: That the final Utility/Lighting Plan shall be approved by Duke Energy 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.

 

16.  Utility Line Placement: That all new or relocated utility lines, except for three-phase electrical distribution 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.

 

17.  Fire Hydrant Location: All new structures shall be located within 400 feet of a fire hydrant and that all hydrants be shown on Final Plans, subject to the approval of the Town Manager.

 

18.  Fire Sprinklers and Fire Department Connections (FDC’s): That the applicant shall install an automatic fire sprinkler system for buildings that meet any of the following conditions:

 

a.       The building has 6,000 square feet of floor area, or more;

b.      20 percent or more of the total floor area is located further than 200 feet from the nearest point of access for a fire truck; or

c.       The building exceeds two stories or 24 feet in height from the average grade of the lot to the windows on the topmost occupied floor.

 

Any buildings requiring sprinklers shall have associated FDC’s clearly indicated on Final Plans, subject to Town Manager approval.

 

19.  Fire Flow Report: That a fire flow report for all new development, shall be prepared and sealed by a registered professional engineer, which demonstrates 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.

 

Stipulations Related to Miscellaneous Issues

 

20.  Construction Management Plan:  That a Construction Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. That the construction management plan: 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.

 

21.  Traffic and Pedestrian Control Plan: That a Work Zone Traffic Control Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The plan shall include a pedestrian management plan indicating how pedestrian movements, including pedestrian using the existing transit system, will be safely maintained.

 

22.  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.  That a detail of the sign shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

23.  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.

 

24.  As-Built Plans: That as-built plans 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.

 

25.  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 plans and plat.

 

26.  Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

 

27.  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 the Special Use Permit application for the Chapel Hill Country Club, in accordance with the plans and conditions listed above.

 

This the 11th day of April, 2007.