3c-2 | Approving the Special Use Permit Application

ATTACHMENT 2

RESOLUTION A

(Approving the Special Use Permit Application)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR WOODMONT DEVELOPMENT

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Woodmont Special Use Permit proposed by Capital Associates, on property identified as Durham County Property Identifier Numbers 9798-04-71-8729, 9798-04-81-1816, 9798-04-82-6093, and a portion of 9798-04-82-9499; if developed according to the Site Plan, dated 5/23/07, revised 11/21/07 and 3/25/08, the Master Land Use Plan 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 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 for the Woodmont development 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 (two years from the date of Council approval) and be completed by (ten years from the date of Council approval).

2. Phasing Plan including Mix of Uses: That the applicant submit a phasing plan that identifies the sequence of development for the land uses, and ensures that no Certificate of Occupancy is granted until the development has the mix of floor area required by the ordinance in section 3.5.1(b)(2)A.

3. Land Use Intensity: This Special Use Permit approves a mixed use development with:

Gross Land Area	14.25 acres
Total Maximum Floor Area	183,900 SF
Minimum Office Type Business or Clinic Floor Area	95,000 SF
Minimum Residential Floor Area	88,900 SF
Minimum Retail Floor Area	5,000 SF
Minimum Residential Dwelling Units	60
Minimum Affordable Dwelling Units	9
Minimum Recreation Space	27,625 SF
Maximum Vehicular Parking Spaces	483
Minimum Bicycle Parking Spaces	52

Affordable Housing Stipulations

4. Affordable Housing Plan: That 15 percent of the proposed units be affordable. That the applicant submit an Affordable Housing Plan that addresses: 1) the provision of affordable units; 2) the eligibility of owners; 3) the marketing the units; 4) setting rates; 5) the assurance of the time period that units will be affordable; and 6) the assurance that units will remain affordable. That an Affordable Housing Plan, be reviewed and approved by the Town Manager, prior to issuance of a Zoning Compliance Permit.

5. Affordable Housing Transfer Fee: That monies collected from a transfer fee associated with the sale/resale of properties are to be placed into a fund for the specific purpose of paying condominium and townhome homeowners association dues for persons who acquire affordable housing. Details of the fund shall be approved by the Town Manager.

Stipulations Related to Transportation

6. Traffic Signal Timing: Prior to a Zoning Compliance Permit for the first phase, the applicant shall provide a payment-in-lieu of $5,000 to review and revise the traffic signal timing plans at the following intersections:

· NC 54/Barbee Chapel Road/E. Barbee Chapel Road

· NC 54/Meadowmont Lane/Friday Drive

· NC 54/W. Barbee Chapel Road

· NC 54/Burning Tree Drive/Finley Golf Course Road

· NC 54/Hamilton Road

7. 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 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 for the above travel lanes and existing travel lanes with standard curb & gutter, utility strip, concrete sidewalk plus additional pavement width for a bicycle lane.

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

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

8. 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 taper northbound of Barbee Chapel Road.

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

· Construct an exclusive right-turn lane with appropriate storage and taper 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.

· Extend the existing median on Barbee Chapel Road to prohibit left turns from and onto Stancell Drive.

9. Public Street through the Site connecting Barbee Chapel Road and Raleigh Road: The main internal street transecting the site shall be a public street. Prior to the first Certificate of Occupancy for Phase I 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, traffic calming devices such as traffic circles, roundabout, speed tables, raised crosswalks, 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.

The design and construction details of the above improvements shall 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.

10. Traffic Signal Payment-in-Lieu: Prior to issuance of a Zoning Compliance Permit, 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 shall be returned to the applicant.

11. Bus Shelter Payment-in-Lieu: That the applicant shall provide a payment-in-lieu for a bus stop shelter, with a solar generated (solar orientation permitting) passenger information system and lighting, a bench, and trash receptacle, consistent with Town standards.

12. 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.

13. Transportation Management Plan: That a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit for the office portion of the development. This plan shall be updated and approved annually by the Town Manager. The required components of the Transportation Management Plan shall include:

a) Provision for designation of a Transportation Coordinator;

b) Provisions for an annual Transportation Survey and Annual Report to the Town Manager;

c) Quantifiable traffic reduction goals and objectives;

d) Ridesharing incentives;

e) Public transit incentives;

f) Traffic demand strategies for employees and residents of the site including items such as the Meadowmont shuttle, car sharing vehicles, and posted transit information;

g) Other measures subject to approval by the Town Manager.

14. Meadowmont Shuttle: That the applicant will provide a shuttle or transit payment-in-lieu to primarily serve Woodmont employees and Meadowmont customers.

Stipulations Related to Landscaping and Building Elevations

15. Landscape Buffers: That the applicant shall provide the following landscape buffers:

Location	Bufferyard Required

Adjacent to Buildings B and C	Type “B” / minimum 10’ wide
All other boundaries	Type “C “ / minimum 20’ wide

16. 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. That the plan shall provide tree protection fencing for all land disturbance proposed off-site.

17. Landscape Planting and Maintenance Plan: That a detailed Landscape Plan 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.

18. Building Elevations: That the Community Design Commission shall approve building elevations, lighting, including the location and screening of all HVAC/Air Handling Units for this project, prior to issuance of a Zoning Compliance Permit.

19. Lighting Plan: That the Community Design Commission shall approve a lighting plan for this site and shall take additional care during review to ensure that the proposed lighting plan will minimize 1) upward light pollution and 2) offsite spillage of light, prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Stormwater and Erosion Control

20. Stormwater Management: The development shall demonstrate compliance with the stormwater management performance criteria of the Land Use Management Ordinance for water quality, stormwater volume control, and stormwater runoff rates. Stormwater management structures shall be designed in accordance with the requirements contained in the Town’s Land Use Management Ordinance, the Town Design Manual, and applicable State criteria.

21. Impervious Surface Tally: The applicant shall provide a tally of all built-upon areas of this project to ensure the project does not exceed the impervious area limit under the high density option. With the high density option, it will be necessary for the applicant to provide a perpetual surety for the maintenance and operation of the required stormwater facilities subject to Town Manager approval, prior to the issuance of the Certificate of Occupancy.

22. Curb Inlet Covers: All new Town and State right-of-way and private curb inlet hoods/covers installed within the Chapel Hill Planning Jurisdiction shall be pre-cast stating, "Dump No Waste! Drains to Jordan Lake", in accordance with the specifications of the Town Standard Detail SD-5A.

23. Location of Stormwater Management Facilities: Stormwater management facilities and associated infrastructure must be located outside of existing or proposed rights-of-way as well as outside of all building setbacks.

24. Erosion Control Permit: That the applicant provide a copy of the approved erosion and sediment control permit from Durham County Erosion Control Division prior to receiving a Zoning Compliance Permit.

25. Stormwater Easements: A copy of the final plat or easement exhibit, signed and sealed by a North Carolina-registered Land Surveyor and recorded at the County Register of Deeds, and containing the following notes shall be submitted prior to issuance of the Certificate of Occupancy.

a. All engineered stormwater management control, treatment, and conveyance structures above and below the ground shall be wholly located within an easement entitled: "Reserved Stormwater Facility Easement Hereby Dedicated" and shall be reserved from any development which would obstruct or constrict the effective management, control, and conveyance of stormwater from or across the property, other than the approved design and operation functions.

b. Unless specifically designated as being "Public" and accepted by the Town of Chapel Hill, the "Reserved Stormwater Facility Easement(s)" and the facilities it/they protect are considered to be private, with the sole responsibility of the owner to provide for all required maintenance and operations as approved by the Town Manager.

c. The Reserved Stormwater Facility Easement and the Operations and Maintenance Plan are binding on the owner, heirs, successors, and assigns.

26. Stormwater Operations and Maintenance Plan: Prior to issuance of a Certificate of Occupancy, a Stormwater Operations and Maintenance Plan, shall be provided for the proposed stormwater management facilities and submitted to the Stormwater Management Engineer for approval. A schedule of inspection and maintenance tasks shall be included. The Stormwater Operations and Maintenance Plan shall be signed by the owner and shall be recorded at the County Register of Deeds.

27. Erosion Control: 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.

Stipulations Related to Water, Sewer, and Other Utilities

28. Overhead Power Lines: That all proposed or relocated utility lines, except for three-phase lines, shall be located underground.

29. 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, AT&T or GTE, and the Town Manager before issuance of a Zoning Compliance Permit.

30. OWASA Easements: That the applicant adjust the proposed water and sewer lines to reserve a corridor for a future water transmission main.

Stipulations Related To the Environment

31. Energy Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant submit an Energy Management Plan that would include energy efficient measures as well as other sustainability measures.

32. Energy Efficiency: That prior to the issuance of a Certificate of Occupancy the applicant submit energy models showing a minimum energy efficiency savings for the building of 20% relative to ASHRAE (American Society of Heating, Refrigeration and Air Conditioning Engineers) Standard 90.1-2004. That the applicant provide for an acceptable level of increased energy efficiency that also ensures indoor air quality and adequate access to natural lighting, use of other energy-saving measures such as energy-efficient compact fluorescent fixtures, etc.

Fire Safety Stipulations

33. 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.

34. Fire Hydrant Accessibility: That all structures shall be located within 500 feet of a fire hydrant. That the applicant 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.

Stipulations Related to State and Federal Approvals

35. 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.

36. NCDOT Approvals: That plans for improvements to State-maintained roads be approved by NCDOT prior to issuance of a Zoning Compliance Permit for the subject phase of development.

Miscellaneous Stipulations

37. Recreation Space: That prior to the issuance of a Zoning Compliance Permit the applicant submit details of the proposed recreation facilities for review and approval by the Town Manager.

38. Solid Waste Management Plan: That a detailed Solid Waste Management Plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

39. 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.

40. Traffic and Pedestrian Control Plan: That the applicant 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 shall include a pedestrian management plan indicating how pedestrian movements will be safely maintained. 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.

41. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information prior to issuance of a Zoning Compliance Permit. That a detail of the sign must be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

42. Detailed 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.

43. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.

44. Plant Rescue: That the applicant considers conducting a “plant rescue” after the issuance of a Zoning Compliance Permit and prior to start of construction.

45. Certified As-Built Plans: Prior to issuance of a Certificate of Occupancy, provide certified as-built plans for building footprints, parking lots, street improvements, storm drainage systems and stormwater management structures, and all other impervious surfaces. The as-built plans should be in DXF binary format using State plane coordinates and NAVD 88.

46. 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.

47. New Streets - Traffic Signs: That the property owners shall be responsible for placement and maintenance of temporary regulatory signs, including street name signs, before issuance of any Certificates of Occupancy until such time that the street system is accepted for maintenance by the Town.

48. New Street Names and Numbers: That the name of the development and its streets and house/building numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

49. Vested Rights: This Special Use Permit 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.

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

51. 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 for the Woodmont development.

This the _____ day of ___________, ______.