REVISED RESOLUTION A

(Approving the Special Use Permit Application)

Manager’s Revised Recommendation

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR FREEDOM HOUSE GROUP CARE FACILITY (2007-05-07/R-12a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Freedom House Group Care Facility, as proposed by Warren Mitchell, on property identified as Orange County Parcel Identifier Numbers 9880-22-3617 and 9880-22-4757, if developed according to the Site Plan, dated May 22, 2006, revised October 15, 2006, 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, 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
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 that the Town Council hereby approves the application for a Special Use Permit Modification for Freedom House development in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. Construction Deadline:  That construction begins by May 7, 2009 and be completed by May 7, 2017.
2. Land Use Intensity:  This Special Use Permit Modification approves:

Gross Land Area	5.16 Acres
Total Maximum Floor Area	30,470 sq. ft.
Maximum No. Buildings	7
Maximum Residents	44
Max Impervious Surface Area	63,900 sq. ft.
Max Vehicular Parking Spaces	54 spaces
Min Bicycle Parking Space	6

Stipulations Related to Transportation

3. New Stateside Drive Sidewalk: That the applicant construct a five-foot sidewalk to Town standard, along New Stateside Drive right-of-way adjacent to the Homestead Community Park traffic island drop-off, prior to issuance of a Certificate of Occupancy. 
4. Sidewalk to Martin Luther King Jr. Boulevard:  That the applicant construct a five-foot sidewalk segment, between the proposed internal sidewalk and the public sidewalk along Martin Luther King, Jr. Boulevard sidewalk.  That the applicant obtain an Engineering Construction Permit and, if applicable, permits from NC DOT before beginning work within the Martin Luther King Jr. Blvd. right-of-way.
5. Internal Sidewalks:  That all sidewalks internal to the site be constructed to Town standards.
6. New Stateside Drive Raised Crosswalk/Speed Table:  That prior to the issuance of a Certificate of Occupancy, the applicant construct a raised crosswalk/speed table across New Stateside Drive just north of the Freedom House driveway.  That the improvements include handicapped accessible ramps.
7. Driveway Apron:  That the applicant reconstruct the driveway apron on New Stateside Drive to Town standards prior to issuance of a Certificate of Occupancy.
8. Bicycle Parking:  That the applicant provide a minimum of six bicycle parking spaces on-site and comply with the Class I and Class II bicycle parking standards in the Design Manual.

Stipulations Related to Landscaping and Building Elevations

9. Landscape Bufferyards: That the applicant shall provide the following bufferyards:

   Location	Bufferyard Required
   Martin Luther King, Jr. Blvd. (east) Parkside Subdivision (north) NCDOT detention basin, (north) Mitchell multi-family dwellings (south)	Alternative Buffers authorized by 1997 Special Use Permit
   New Stateside Drive (south, west)	Type “C” – 20’wide
   NCDOT detention basin, west	Type “C” -  20’ wide (use existing natural buffer)
   Mitchell multi-family dwellings (east)	Type “C” -  20’ wide

10. Alternative Buffers: That prior to the issuance of a Zoning Compliance Permit the Community Design Commission shall reapprove alternative bufferyard areas that include changes or revisions to the previously approved bufferyard planting plan.
11. Canopy Tree:  That all canopy trees shall be a minimum of 2 ½ -inch caliper at the time of installation. 
12. Parking Lot Screening: That all parking areas shall be screened from view in accordance with the provisions of Section 5.9.6 of the Land Use Management Ordinance.  The screening plans shall be approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
13. Parking Lot Shading Plan:  That the Final Plans shall include a Shading Plan demonstrating compliance with Section 5.9.6 of the Land Use Management Ordinance. The Shading Plan shall be approved by the Town Manager prior to         issuance of a Zoning Compliance Permit.
14. Five-Foot Landscape Buffer Strip:  That a five-foot planting strip be provided between the parking lots and all buildings in accordance with the provisions of Section 5.9.6 of the Land Use Management Ordinance. The buffer strip shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 
15. 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, including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  That the plan shall provide tree protection fencing for all land disturbances proposed off-site, including sidewalk installation on the new Stateside Drive right-of-way.
16. Landscape Plan and Landscape Maintenance Plan: That a detailed Landscape Plan, including all additional plantings to existing buffers, and 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 plantings as well as the limits of land disturbance and tree protection fencing. That the plant list shall not include invasive exotic species as identified in Section 3.2.1 of the Design Manual.
17. Community Design Commission Approval: That prior to the issuance of a Zoning Compliance Permit the Community Design Commission shall approve:

    1) Building elevations, including the location and screening of all HVAC/Air Handling Units; 2) a lighting plan to ensure that the proposed lighting plan will minimize: a) upward light pollution, and b) offsite spillage of light; and if necessary; and 3) alternate landscape bufferyard revised planting plans.

Stipulations Related to the Environment

18. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager. The plan shall include low-impact stormwater management solutions and best management practices, such as bio-retention, pervious pavements, underground storage, infiltration trenches, vegetative swales and similar techniques.

The plan shall be based on the one-year, two-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 two-year frequency, 24-hour duration storm event. Engineered stormwater facilities shall also remove 85 percent total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.

19. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. The plan shall 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.
20. Storm Drainageway Easement: That all 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 and recorded at the County Register of Deeds office prior to the issuance of a Zoning Compliance Permit.
21. Erosion Control: 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. 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. 
22. 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 Solid Waste Management and Recycling

23. Old Dumpster Pad: That the old dumpster pad be removed and a new curb be installed that lines up with the edge of the adjacent parking spaces.
24. Solid Waste Management Plan:  That a detailed Solid Waste Management Plan, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Water, Sewer, and Other Utilities

25. Overhead Power Lines: That all proposed or relocated utility lines, except for three-phase electrical distribution lines, must be located underground.   That the existing utility line from the Martin Luther King, Jr. Blvd. right-of-way be relocated underground.
26. OWASA Easements:  That easement documents as required by OWASA and the Town Manager be recorded at the County Register of Deeds Office prior to issuance of a Zoning Compliance Permit.
27. Utility/Lighting Plan Approval:  That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Energy Company, TimeWarner Cable, Public Service Company, BellSouth or GTE, and the Town Manager before issuance of a Zoning Compliance Permit. 
28. Construction Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), landscape plans, and landscape maintenance plans be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable regulations and the design standards of the Land Use Management Ordinance and the Design Manual.
29. Engineering Construction Permit:  That an Engineering Construction Permit shall be required for all work in the New Stateside Drive and Martin Luther King, Jr. Blvd. rights-of-way.

Stipulations Related to State and Federal Approvals

30. State or Federal Approvals:  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.
31. NCDOT Approvals:  That any plans for improvements to State-maintained roads be approved by NCDOT prior to issuance of a Zoning Compliance Permit.

Fire Safety Stipulations

32. Fire Flow Report: That a fire flow report, which demonstrates compliance with Town standards, sealed by an engineer registered in the State of North Carolina, be provided for review and approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
33. Automatic Sprinkler System: That the applicant install an automatic sprinkler system in all new buildings.
34. Fire Hydrant Accessibility: That all structures must be located within 400 feet of a fire hydrant. That the applicant shall maintain a 50-foot maximum distance between fire hydrants and fire department connections, in a clearly visible and accessible location on the street side of buildings.

Miscellaneous Stipulations

35. 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.
36. Traffic and Pedestrian Control Plan: That the applicant shall provide a Work Zone Traffic Control Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction. The plan must include a pedestrian management plan indicating how pedestrian movements, including pedestrians using the existing transit system, will be safely maintained. The plan shall also include added traffic control and safety measures in order to separate construction traffic from vehicular and pedestrian traffic entering/exiting Homestead Park.

    The plan must be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.  At least 5 working days prior to any proposed lane or street closure the applicant must apply to the Town Manager for a lane or street closure permit.

37. That the construction hours be limited to between 7:00 am and 7:00 pm weekdays.
38. 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 Permit.
39. As-Built Drawings: That prior to the issuance of a Certificate of Occupancy, it will be necessary for the applicant to provide as-builts for building footprints, storm drainage systems, and all other existing or proposed impervious surfaces. The as-builts should be in DXF binary format using State plan coordinates.
40. Certificates of Occupancy:  That no Certificates of Occupancy be issued until all required public improvements are complete; and that a note to this effect shall be placed on the final plats.

    If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; and no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase; and that a note to this effect shall be placed on the final plats.

41. Continued Validity:  That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
42. 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 that the Council hereby approves the Special Use Permit Modification for Freedom House development.

This the 7th day of May, 2007.