3b-2 | A RESOLUTION APPROVING AN APPLICATION FOR A MASTER LAND USE PLAN FOR WOODMONT DEVELOPMENT

ATTACHMENT 2

A RESOLUTION APPROVING AN APPLICATION FOR A MASTER LAND USE PLAN FOR WOODMONT DEVELOPMENT

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Master Land Use Plan application, proposed by Capital Associates, on property identified as Parcel Identifier Numbers 9798-04-93-2035, 9798-04-92-0930, 9798-04-82-9499, 9798-04-82-6093, 9798-04-81-1816, 9798-04-71-8729, and 9798-04-82-6534, if developed according to the site plan dated November 21, 2007 and revised January 10, 2008, March 10, 2008, March 13, 2008, and March 27, 2008, the conditions listed below:

1) Would maintain or promote the public health, safety, and general welfare;

2) Would maintain or enhance the value of contiguous property, and

3) Would conform to the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Master Land Use Plan for the Woodmont Development in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. Application Deadline: That an application for a Special Use Permit for development of at least one phase be accepted and approved for development by (two years from date of Council approval) or the above Master Land Use Plan shall automatically expire.

2. Land Use Intensity: That this Master Land Use Plan approves a total Floor Area of 573,300 square feet with 446,600 square feet of office-type business, 148,900 square feet of residential, and 5,000 square feet of general/convenience business uses.

3. Master Land Use Plan Modification: That this Master Land Use Plan may be modified by the procedures described in Section 4.8 of the Land Use Management Ordinance, and that any future Master Land Use Plan Modification shall include:

i. A revised Traffic Impact Analysis

ii. Energy Management Plan (or other Sustainability Plan)

iii. Transportation Management Plan

iv. Stormwater Management Plan

Access and Circulation

Phase One Roadway and Greenway Improvements:

4. Traffic Signal Payment-in-Lieu: Prior to a Zoning Compliance Permit for Phase I, the applicant shall provide a payment-in-lieu of $5,000 to the Town to review and revise the traffic signal timing plans at the following intersections:

1) NC 54/Barbee Chapel Road/E. Barbee Chapel Road

2) NC 54/Meadowmont Lane/Friday Drive

3) NC 54/W. Barbee Chapel Road

4) NC 54/Burning Tree Drive/Finley Golf Course Road

5) NC 54/Hamilton Road

5. Barbee Chapel Road and Finley Forest Road/Site Entrance Intersection: Prior to the first Certificate of Occupancy for Phase I, the applicant shall:

· Construct a right turn lane with appropriate storage and appropriate taper on northbound of Barbee Chapel Road.

· Construct a left turn lane with appropriate storage and appropriate taper on southbound of Barbee Chapel Road.

· Improve the frontage along Barbee Chapel Road with the above travel lanes, concrete sidewalk, standard curb & gutter, utility strip, and additional pavement width for a bicycle lane.

· Construct a three (3) lane cross-section consisting of one ingress lane and two egress lanes on Westbound of Site Entrance. The egress lanes should consist of an exclusive right-turn lane and a combination of through/left-turn lane.

The design and construction details of the above improvements must be reviewed and approved by the Town Manager and the North Carolina Department of Transportation prior to the issuance of a Zoning Compliance Permit.

6. Raleigh Road (NC 54) and Barbee Chapel Road Intersection: Prior to the first Certificate of Occupancy for Phase I, the applicant shall:

· Construct an additional exclusive left-turn lane with appropriate storage and appropriate taper on northbound of Barbee Chapel Road.

· Convert the existing through-right lane into exclusive through-left lane on northbound of Barbee Chapel Road.

· Construct an exclusive right-turn lane with appropriate storage and appropriate taper on northbound of Barbee Chapel Road.

· Upgrade the traffic signal to include the above roadway improvements with pedestrian amenities on all approaches with street imprinted crosswalks, countdown pedestrian heads, and bicycle activated loops.

7. Traffic Signal Payment-in-Lieu: Prior to issuance of a Zoning Compliance Permit for the first phase of development, the applicant shall submit a payment-in-lieu for the installation of a traffic signal at the intersection of Barbee Chapel Road and the new street proposed as part of this development. The cost estimate shall provide for the installation of mast arms and pedestrian signals. If a traffic signal is not warranted within five years after full build-out of the project, the payment will be returned to the applicant.

8. Greenway and Bike Path: Prior to issuance of a Zoning Compliance Permit for first phase of development the applicant shall submit final greenway/bike path plans for approval by the North Carolina Department of Transportation and the Town Manager. The greenway/bike path shall be installed prior to a Certificate of Occupancy for the second phase of the project.

Phase Two Roadway and Greenway Improvements:

9. Greenway Hike/Bike Trail: That the portion of the existing hike/bike trail that runs along the NC 54 frontage from Barbee Chapel Road to Little John Road be constructed as part of Phase II of the development. That the trail be located outside of any landscaped buffers, and that signage be included at entrances to the trail. Final Plans shall be approved by the Town Manager.

10. Public Street through the Site connecting Barbee Chapel Road and Raleigh Road: The main internal street transecting the site must be a public street. Construct the proposed internal street to Town of Chapel Hill standard:

· With a 27 foot wide public street cross-section with standard 30 inch curb & gutter, 3 foot wide utility strip, 5 foot wide concrete sidewalk on both sides of the street, traffic calming, and dedication of a 45 foot wide right-of-way to the Town.

· The section from NC 54 to a point approximately 300 feet south shall be constructed as a 3 lane section.

· No angled on-street parking is permitted.

· The distances between the driveways must be consistent with Town of Chapel Hill public street design.

11. Little John Road: Prior to the issuance of a Certificate of Occupancy for Phase II, the applicant shall:

· Improve the Little John Road frontage to Town Standard with 20 feet of strip asphalt paving and 4-foot wide shoulder, roadside ditch.

· Dedicate public right-of-way to a point eight feet behind the back of ditch.

· Provide payment-in-lieu to the Town for construction of sidewalk along the site frontage on Little John Road.

The design and construction details of the above improvements must be reviewed and approved by the Town Manager and the North Carolina Department of Transportation where appropriate prior to the issuance of a Zoning Compliance Permit.

12. Pedestrian Connection and Easement: Prior to a Certificate of Occupancy for phase two, provide a pedestrian connection and easement between Little John Road and the proposed internal street. The details of connection and easement are subject to approval by the North Carolina Department of Transportation and the Town Manager.

13. Raleigh Road (NC 54) and Site Entrance Intersection: Prior to a Certificate of Occupancy for Phase II:

· New Crossover: That the applicant shall install a new crossover, subject to the approval of N.C. Department of Transportation.

· If the crossover is approved by the N.C. Department of Transportation:

o Construct an exclusive left-turn lane with 300 feet of full storage and appropriate transitional taper on westbound NC 54. This recommendation is conditioned on N.C. Department of Transportation approval of closing the median break at Little John Road and the construction of a left-over type intersection at the Downing Creek Parkway and NC 54.

o Construct an exclusive right-turn lane with 200 feet of full storage and appropriate transitional taper.

o Install a traffic signal with pedestrian amenities and bicycle activated loops. If a traffic signal is not approved by the N.C. Department of Transportation, a payment-in-lieu for the installation of a traffic signal shall be made to the Town. The cost estimate shall provide for the installation of mast arms and pedestrian and bicycle amenities. If a traffic signal is not warranted within five years after full build-out of the project the payment will be returned to the applicant.

o Construct a three (3) lane cross-section consisting of one ingress lane and two egress lanes. The egress lanes shall consist of an exclusive right-turn lane and an exclusive left-turn lane.

14. Raleigh Road (NC 54) and Meadowmont Lane/Friday Center Drive: Prior to the Certificate of Occupancy for the second phase, the applicant shall upgrade the traffic signal at this intersection to include pedestrian crosswalks and countdown heads crossing NC 54 and install bicycle activated loops. The design and construction details of the signal upgrades must be reviewed and approved by the Town Manager and the North Carolina Department of Transportation prior to the issuance of a Zoning Compliance Permit.

15. Stancell Drive: Prior to the Certificate of Occupancy for Phase II, the applicant shall relocate Stancell Drive to the south of the existing alignment with NC 54 and the Site Entrance (creating a “jug handle”) including dedication of necessary public right-of-way. This realignment will provide necessary separation between Stancell Drive and the new NC 54 intersection that is proposed as part of this application. The design and construction details of the relocation of Stancell Drive must be reviewed and approved by the Town Manager and the North Carolina Department of Transportation prior to the issuance of a Zoning Compliance Permit.

16. Stancell Drive Improvements: That the portion of Stancell Drive, along the property frontage be improved to Town standard, with standard 30” curb and gutter, five-foot concrete sidewalks, and three-foot wide utility strip.

17. Payment-In-Lieu for Public Transportation: Prior to the Zoning Compliance Permit for Phase II, the applicant shall provide a payment-in-lieu for public transit system capital improvements that will improve public transit service to the new development. The payment-in-lieu will be calculated based on a formula to be determined and shall be subject to approval of the Town Manager.

Other Roadway Stipulations for all phases:

18. Additional Subsequent Roadway Improvements: Other roadway improvements may be required depending on the revised transportation analyses as part of a Master Land Use Plan or Special Use Permit approval for Phases II and III.

19. Park and Ride Spaces: That the applicant dedicate 100 on-site parking spaces for Park and Ride use, to be followed by an annual review with the potential to release up to 50 of these spaces back to the applicant. The process to evaluate the need for variable spaces will be determined by the Town Manager and the applicant.

20. Public Street through the Site connecting to Barbee Chapel Road: The main internal street transecting the site must be a public street. The applicant shall construct the proposed internal street to Town of Chapel Hill standard:

· With a 27 foot wide public street cross-section with standard 30 inch curb & gutter, 3 foot wide utility strip, 5 foot wide concrete sidewalk on both sides of the street, and dedication of a 45 foot wide right-of-way to the Town.

· The section from NC 54 to a point approximately 300 feet south shall be constructed as a 3 lane section.

· No angle on-street parking is permitted.

· The distances between the driveways must be consistent with Town of Chapel Hill public street design.

21. Access Easements: That the applicant shall provide public access easements to the east, south and west of the site, subject to Town Manager approval.

22. Internal Pedestrian Trail: That the connections identified on the approved plans to the west and the south remain in place.

23. Sight Distance: That the applicant shall provide sight distance triangles and provide clear lines of sight where the proposed street would intersect with the public streets and private driveways, subject to Town Manager approval.

24. Street Sign, Street Light, Pavement Marking Plan: Prior to a Zoning Compliance Permit for each phase, the applicant shall provide a street sign, pavement marking and street light plan for approval by the Town Manager.

25. Heavy Duty Pavement: A heavy duty pavement design shall be provided for all driveways and drive aisles that will provide access for solid waste collection.

Buffers and Landscaping

26. Buffer Requirements:

Location

Bufferyard Required

Portion of Southern Property Line;

Portion of Property Line south of Pearl Lane

Type “B” / 10’ wide

All other Boundaries

Type “C “ / 20’ wide

27. Hike/Bike Path and Buffers: That the hike/bike path be located outside of any required buffers.

28. Tree Preservation: That at the Final Plan stage the applicant shall provide a comprehensive tree planting plan showing the amount of the site that will ultimately be covered by tree canopy, in order for the staff to do an analysis of net loss of trees.

Stormwater

29. Watershed Protection/Impervious Surface: That the impervious surface associated with the development shall not exceed 50%.

30. Stormwater Management Plan: That future Special Use Permit applications be subject to the Town’s most recent stormwater management ordinance. That low impact design stormwater management techniques be integrated into future submittals.

31. Resource Conservation District: That no land disturbance be permitted in the Resource Conservation District.

Energy Management Plan

32. Energy Management/ Sustainability: That future Special Use Permit applications be subject to the Council’s most recent policy or ordinance regarding energy management and/or sustainability.

33. Energy Management Plan Matrix: That the applicant provide a matrix for all Energy Management Plan specifics for each building in each phase.

34. Energy Management Plan Engineering Calculations: That sealed engineering calculations which demonstrate the actual performance of each building compared to ASHRAE standards be submitted to the Planning Department and the Inspections Department no more than 30 days after the Certificate of Occupancy for each building has been issued.

Miscellaneous

35. Affordable Housing: That future Special Use Permit applications be subject to the Council’s most recent policy or ordinance regarding affordable housing.

36. Recreation Space: That the applicant provide active recreation space to meet the Land Use Management Ordinance requirements, with the option for payment-in-lieu, subject to Town Manager approval.

37. Water Transmission Easement: That the applicant adjust the proposed water/sewer lines to reserve a corridor for combined utilities, as proposed by OWASA.

38. Future Water Pump Station: That the applicant reserve an easement in the northeast corner of the site (Phase II) for a future water pump station.

39. Park and Ride Spaces: That the applicant dedicate 100 on-site parking spaces for Park and Ride use, to be followed by an annual review with the potential to release up to 50 of these spaces back to the applicant. The process to evaluate the need for variable spaces will be determined by the Town Manager and the applicant.

40. Parking Requirements: That future Special Use Permit applications meet the Land Use Management Ordinance requirements subject to Town Manager approval.

41. Continued Validity: The continued validity an 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,

This the _st day of ______, 2008.