AGENDA #9c

 

Revised RESOLUTION A

 

(Approving the Special Use Permit Modification Application)

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE CHAPEL HILL PUBLIC LIBRARY EXPANSION (2008-01-14/R-13a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Chapel Hill Public Library Expansion Special Use Permit Modification proposed by the Town of Chapel Hill, on property identified as Orange County Property Identifier Number 9789-94-5308; if developed according to the Site Plan dated October 11, 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 a use that constitutes 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:

  1. Modification of Table 3.8-1: Dimensional Matrix of the Land Use Management Ordinance to allow the building to exceed the maximum secondary height by 12 feet;
  2. Modification of Table 3.8-1: Dimensional Matrix of the Land Use Management Ordinance to allow the stairs and retaining wall at the southeast corner of the southern building addition to encroach 28 feet into the street setback on Library Drive.

 

This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree by the proposed expansion of a community facility to meet the needs of the Town’s population.

 

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

 

Stipulations Specific to the Development

  1. Construction Deadline:  That construction begin by January 14, 2010 (two years from the date of approval) and be completed by January 14, 2018 (ten years from the date of approval).
  2. Land Use Intensity:  This Special Use Permit Modification approves a public park, Public Cultural Facility of 59,900 square feet, including a Place of Assembly with 282 seats, with the following Land Use Intensities:
    3. Land Use Intensity
    Gross Land Area 34.25 Acres
    Total Maximum Floor Area 68,000 sq ft
    Maximum Impervious Surface Area 62,767 sq ft
    Maximum Vehicular Parking Spaces 242 spaces
    Minimum Bicycle Spaces 32

  3. Pritchard Park Conceptual Plan:  That this permit allows the applicant to construction and/or install those elements generally described by the Pritchard Park Conceptual Improvements Plan including: playground areas, public art display areas, outdoor gathering areas, a gazebo, the future greenway extension to Audubon Road, and similar features, subject to approval by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
  4. Off-Site Signage:  That signage for pedestrian and bicycle access, be installed off-site, including on East Franklin Street, to direct the public to the library site.  As part of final plan review, a signage plan shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
  5. Book Drop:  That a book drop will be provided on the site, with the design and location to be approved by the Town Council prior to issuance of a Zoning Compliance Permit.
    6. Transportation

  6. Estes Drive and Library Drive Traffic Signal: That subject to NCDOT approval, the applicant design and install a traffic signal with pedestrian amenities and bicycle activated loops at the intersection of Estes Drive and Library Drive.  The design shall include the development of coordinated traffic signal timing plans for the following intersections; 1) Estes Drive and Franklin Street; 2) Estes Drive and Library Drive; and 3) Estes Drive and Caswell Road. The plans shall be reviewed for approval by NCDOT and the Town Manager.
  7. Estes Drive Sidewalk:  That unless the Town Manager determines that the construction of a sidewalk is not practicable due to inadequate right-of-way, utility conflicts, stormwater management concerns, or similar impediments, the applicant shall construct a sidewalk on the south side of Estes Drive between East Franklin Street and Library Drive.  The final plans shall be reviewed and approved by NCDOT and the Town Manager during final plan review.  Construction of this sidewalk shall be subject to NDCOT approval.
  8. Estes Drive Crosswalk: That the applicant install a pedestrian crosswalk, on Estes Drive at Library Drive, subject to review and approval by NCDOT and the Town Manager.
  9. Library Drive Turn Lanes: That the applicant construct a southbound left-turn lane and southbound right-turn lane on Library Drive at its intersection with Estes Drive, within the existing pavement.
  10. Library Drive On-Street Parking: That the 14-space on-street parking area proposed within the Library Drive right-of-way, south of the building, be eliminated.
  11. Additional Transit Route through the Library Site:  That should the Council in the future decide to construct an additional transit route through the library site, and if the additional transit route is limited to access by transit and emergency vehicles only, the design, construction, and installation of such a transit connection and all necessary road improvements shall not require modification to the Special Use Permit encumbering the library site.
  12. Compact Parking Spaces:  That to compensate for the elimination of 14 new parking spaces on Library Drive, and maintain 242 total parking spaces, that compact parking spaces may be incorporated into the new and existing parking lots.
  13. Library Drive Stormwater Drainage: That the final stormwater drainage system design  near the on-street parking area on Library Drive be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
  14. Library Drive Parking Lot Sidewalks/Crosswalks: That the applicant construct sidewalks within the Library Drive parking lot and a raised and striped pedestrian crosswalk on Library Drive.  The design and location shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
  15. Parking Lot Design and Construction: That the parking lots be constructed to Town standard dimensions for parking spaces and drive aisles.  The final plans shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
  16. Sign and Pavement Marking Plan:  That a sign and pavement marking plan shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
  17. Removal of Existing Gravel Driveway, Parking Lot, and Concrete Sidewalk: That the applicant remove and landscape the existing gravel driveway area, gravel parking lot area, and concrete sidewalk, located between the Siena Hotel and Library Drive.
  18. Pedestrian/Bicycle Paths: That the applicant provide detailed construction plans for the proposed pedestrian/bicycle paths.  The plans must include pavement design, horizontal and vertical alignment (including profiles), grading, stormwater drainage, cross sections, clearing limits and erosion control. The section of the pedestrian/bicycle path that exceeds a 10% slope must be designed for 30-mph bicycle speeds.  The plans must be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
  19.  Handicapped Access:   The lower building entrance shall be handicapped accessible from the Library Drive sidewalk.  For the pedestrian path from the sidewalk along Library Drive to the upper building entrance, the applicant shall construct a handicapped accessible 5-foot wide pedestrian path around the steeper portion of the site, near the proposed  public art display area.  Plans shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
  20. Bicycle Parking:  That the applicant shall provide a minimum of 32 on-site bicycle parking spaces, including bicycle parking at the lower level building entrance. The bicycle spaces shall comply with the Town’s Class I and Class II Design Manual standards.  The Town Manager shall review and approve bicycle parking space design and location prior to issuance of a Zoning Compliance Permit.
  21. State or Federal Approvals:  That any required state or federal permits or encroachment agreements must be approved by the appropriate agencies and copies of the approved permits submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.
    22. Landscaping and Architecture

  22. Required buffers:  The following landscape bufferyards shall be provided:,
    23. Location
    Required
    Estes Drive  (arterial street) Type “D” - 60’ wide (retain all vegetation)
    East property line (adjacent use non-residential) Type “B” – 20’wide (retain 10’vegetation)
    East/North/West property lines (adjacent use residential) Type “C” – 40’ wide (North/West  - retain all vegetation) (East – retain 20’ vegetation)

    If existing vegetation is to be used to satisfy the buffer requirement, the vegetation shall be protected by fencing from adjacent construction.

  23. Landscape Planting and Maintenance Plan: That a detailed Landscape Planting and Maintenance Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The landscape plans shall indicate the size, type, and location of all proposed plantings as well as the limits of land disturbance and tree protection fencing.
  24. Tree Protection and Fencing Plan:  That prior to the issuance of a Zoning Compliance Permit the Town Manager shall review and approve a Tree Protection Plan that includes the following:  a) the limits of land disturbance with tree protection fencing; b) significant tree stands;  c) tree protection fencing along the road frontage between the existing vegetation to be retained and the proposed street and sidewalk construction; d) a detail of protective fencing, construction parking, and materials staging/storage areas; and e) critical root zones of rare and specimen trees affected by proposed construction, indicating which trees are proposed for removal, and where tree protection fencing and silt fencing will be installed.
  25. Parking Lot Screening and Shading Plan: That all parking areas shall comply with screening and shading requirements including: a) a 5-foot wide planting strip between the building and parking areas; and b) a 8-foot buffer strip at entryways into parking facilities.  Final plans shall be reviewed and approved by the Town Manager.
  26. Community Design Commission:  That prior to the issuance of a Zoning Compliance Permit, the Community Design Commission shall review and approve building elevations, including the location and screening of all HVAC/Air Handling Units;and a lighting plan to ensure that the proposed lighting plan will minimize 1)upward light pollution and 2) offsite spillage of light.
    27. Leadership in Energy and Environmental Design

  27. (LEED) Technologies: The applicant shall provide evidence from a LEED certified consultant that the applicant has provided a minimum of LEED Silver standard performance credits, to be reviewed by the Town Manager, within a one-year period after substantial completion of construction.  The submittal of the Final Plan application shall include a copy of the LEED checklist.
    28. Energy Management

  28. Energy Efficiency:  That for all new construction, the Final Plans incorporate a “20 percent more energy efficient” feature relative to the energy efficiency standard of the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE), as amended and in effect at the time of building permit issuance. Comparable standards generally recognized as applicable to building energy consumption, as amended and in effect at the time of building permit issuance, may be used by the applicant when incorporating the “20 percent more energy efficient” feature into the final plans.
  29. Energy Management Plan:  That the final plan application include an Energy Management Plan.  The plan shall: a) consider utilizing sustainable energy, currently defined as solar, wind, biofuels, and hydroelectric power; b) consider purchase of carbon offset credits and green power production through coordination with the NC GreenPower program; c) provide for 20 percent more efficiency that ensures indoor air quality and adequate access to natural lighting, and allows for the proposed utilization of sustainable energy in the project; and that the property owner reports to the Town of Chapel Hill the actual energy efficiency achieved during the period ending one year after occupancy.
    30. Stormwater Management

  30. Library Drive Curb Inlet: That the management of stormwater, on Library Drive immediately north of the driveway entrance to the proposed parking lot, shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
  31. Bio-retention Basin Outlets: All bio-retention basin outlets must have outlet protection provided to create non-erosive flow conditions.
  32. 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.

    33. 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 percent total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.

  33. Stormwater Operations and Maintenance Plan: That a Stormwater Operations and Maintenance Plan shall be provided for the proposed stormwater management facilities and submitted to the Stormwater Management Engineer for approval prior to receiving a Zoning Compliance Permit.  A schedule of inspection and maintenance tasks shall be included.  A maintenance covenant shall be included as part of the plan and recorded at the office of the Orange County Register of Deeds prior to issuance of a Zoning Compliance Permit.
  34. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, shall be reviewed and approved by North Carolina Department of Environmental and Natural Resources. The Orange County Erosion Control Officer shall be requested to provide courtesy comments to the Town Manager prior to the issuance of a Zoning Compliance Permit. 
  35. Silt Control: That the applicant shall take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
    36. Steep Slopes

  36. Steep Slopes Final Plans shall include a plan showing land disturbance on slopes of 10% or more, and indicating how the development and construction will comply with the steep slopes regulations in the Land Use Management Ordinance.
    37. Resource Conservation District

  37. Land Disturbance Activity Limited in the Resource Conservation District:  That land disturbance activities associated with stormwater infrastructure and bicycle/ pedestrian paths are limited to the upland zone of the Resource Conservation District and is limited to 17,500 square feet.     
  38. Boundaries:That the boundaries of the Resource Conservation District be indicated on the final plat and plan.  A note shall be added to all final plats and final plans, indicating, “Development shall be restricted within the Resource Conservation District in accordance with the Chapel Hill Land Use Management Ordinance.”
  39. Construction Standards:  That for encroachment(s) into the Resource Conservation District, the requirements and standards of Section 3.6.3(g) of the Land Use Management Ordinance, including minimization of land disturbance, and all other applicable Resource Conservation District regulations, must be adhered to.
    40. Utility Services

  40. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, and for managing and minimizing construction debris, shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
  41. 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 and recorded prior to issuance of a Zoning Compliance Permit.
  42. 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 reviewed and approved by OWASA and the Town Manager prior to the issuance of a Zoning Compliance Permit.
  43. Placement of Utility Lines Underground: That except for 3-phase electrical distribution line, all new or relocated utility lines shall be placed underground.
  44. Fire Flow: That a fire flow report shall be prepared and sealed by a registered professional engineer, 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.
  45. Fire Hydrant Spacing: That maximum spacing between fire hydrants shall not exceed 400 feet, subject to approval by the Town Manager.
  46. Fire Lanes: That the northern and southern fire access roads a) be a minimum of 20 feet wide with unobstructed clearance of 13 ˝ feet; b) be constructed of all-weather surface capable of withstanding the imposed load of fire apparatus (75,000 lbs.); c) include signage restricting parking; and d) include removable bollards to prohibit unauthorized access.   The final design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
  47. Fire Vehicle Access:  That the traffic circle at the entrance to the Library be designed to accommodate fire apparatus vehicles.  
    48. Miscellaneous

  48. Construction Management Plan: That a Construction Management Plan 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.
  49. Traffic and Pedestrian Control Plan: That a Traffic and Pedestrian Control Plan be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.  The plans shall include 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 will be safely maintained.  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.
  50. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.
  51. Plant Rescue: That the applicant consider conducting plant rescue activities on the site prior to initiation of development activity.
  52. 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.
  53. As-Built Plans: That as-built plans in DWF binary format using State plane coordinates and NAVD 88 shall be provided for building footprints, parking lots, street improvements, storm drainage systems and stormwater management structures, and all other impervious surfaces. 
  54. 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.

    55. If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for an individual phase until all required public improvements for that phase are complete; 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, if applicable, a note to this effect shall be placed on the final plan and/or plat.

  55. Construction Sign: That the applicant shall post a construction sign at the development site 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.  A detail of the sign shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
  56. Vested Rights: This Special Use Permit Modification constitutes a site specific development plan establishing a vested rights as provided by N.C.G.S. Sec. 160A-185.1 and Appendix A of the Chapel Hill Land Use Management Ordinance.
  57. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
  58. 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 Chapel Hill Public Library Expansion Special Use Permit Modification.

 

This the 14th day of January, 2008.