AGENDA #6
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Wilson Assemblage: Application for Special Use Permit, Planned Development - Mixed Use
DATE: February 28 , 2005
INTRODUCTION
Tonight, the Council continues the Public Hearing from February 14, 2005, regarding a Special Use Permit application (Planned Development – Mixed Use) for a 20.81-acres mixed-use development that is proposed to be located generally northeast of the intersection of US 15-501 and Erwin Road. The applicant is proposing to construct 149 dwelling units and 48,000 square feet of office, and retail space including a bank with a two lane drive-through, and 402 parking spaces. A new access point is proposed from Dobbins Drive, as well as a new connection to Sage Road and to the Dobbins Hill development. The site is located in the Residential-4 (R-4) zoning district. The site is located in Orange County and is identified as Chapel Hill Township Tax Map 27A, Block A, Lot 1, and Tax Map 27, Block B, Lots 3A, 5, 6, 7, 8, 9, 10, 11.
MANAGER’S REVISED RECOMMENDATION
Based on the information in the record to date, we believe that the Council could make the findings required to approve the Wilson Assemblage Special Use Permit application. We recommend that the Council adopt Resolution A, approving the application with conditions.
BACKGROUND
On November 15, 2004, the Council held a Public Hearing on the Wilson Assemblage Special Use Permit. Council members express concern that an affordable housing proposal was deleted from the applicant’s November 15th proposal. The Public Hearing was continued to January 10, 2005. On January 10, 2005, the Council continued the Wilson Assemblage Public Hearing to February 14, 2005. The Council also agreed to expedite an affordable housing proposal for Dobbins Hill Phase II. After commenting during the February 14, 2005, Public Hearing, the Council asked the staff to return with a response to comments and continued the Public Hearing on Wilson Assemblage to February 28, 2005.
We attach here materials from the February 14 meeting that described what was proposed and discussed. Immediately following are our comments on the issues raised on February 14.
COMMENTS FROM FEBRUARY 14, 2005
1. Completion of Superstreet and Issuance of Certificates of Occupancy.
A Council Member asked staff to provide information on the Superstreet project. The Council member asked how the date of August 1, 2006, as specified in Stipulation #22 from the Manager’s Revised Resolution from the February 14. 2005 Public Hearing (copied below) relates to the Superstreet project.
U.S. Hwy. 15/501 and Certificate of Occupancy: That no Certificate of Occupancy shall be issued for any part of this development until the Superstreet improvements at the intersection of U.S. 15-501 and Europa Drive/Erwin Road, being designed and constructed by North Carolina Department of Transportation, are completed and open to traffic, or until August 1, 2006, whichever is sooner. [Stipulation #22 Manager Revised Resolution, February 14, 2005 Wilson Assemblage Public Hearing]
Another Council Member suggested that Certificates of Occupancy should be withheld for all units until Superstreet is completed.
Comment: Prior to the writing of the February 14, 2005, Public Hearing item, following conversations and staff meetings with the North Carolina Department of Transportation, we believed that the construction of the Superstreet project would begin in March 2005 and be completed by May/June 2006. With that information we suggested that it would be appropriate to withhold certificates of occupancy until the project is completed or until August 1, 2006, several months beyond the May/June 2006 construction completed date. The August 1, 2006, date was recommend by staff as a buffer against unforeseen construction delays. This stipulation was recommended to the Council with an expectation that the construction of Superstreet would begin in March 2005 and be completed by May/June 2006.
Recently, the North Carolina Department of Transportation revised the construction schedule for Superstreet. Because the Department of Transportation has received construction bids exceeding the approved budget, the project is scheduled to be let out for bid again sometime in March/April 2005. Based on this bid schedule, if the Department of Transportation accepts a bid from the March/April round of bid letting, the Department of Transportation anticipates construction beginning in June/July 2005 and ending in June/July 2006.
At this time, we believe that the Superstreet project will be completed within the time table specified by the North Carolina Department or Transportation.
In light of this information, and based on recent conversations with the applicant, we believe that there are two viable options for the Council to consider with respect to the construction of Superstreet and the issuance of Certificates of Occupancy. These options are discussed below.
Option #1: Modify Stipulation #22 from the Manager’s Revised Resolution February 14, 2005, Wilson Assemblage Public Hearing, by changing the August 1, 2006 date to October 31, 2006.
This option would modify the stipulation from the February 14, 2005, memorandum by changing the August 1, 2006 date to October 31, 2006. The revised stipulation would be modified as shown below:
U.S. Hwy. 15/501 and Certificate of Occupancy: That no Certificate of Occupancy shall be issued for any part of this development until the Superstreet improvements at the intersection of U.S. 15-501 and Europa Drive/Erwin Road, being designed and constructed by North Carolina Department of Transportation, are completed and open to traffic, or until October 31, 2006, whichever is sooner.
Based on recent conversations with the North Carolina Department of Transportation we believe that if the March/April bid letting is successful, that the Superstreet project will be completed several months prior to October 31, 2006. We recommend the October 31, 2006 date as a buffer against unforeseen construction delays.
Option# 2: Modify Option #1 and permit Certificates of Occupancy for some residential units before October 31, 2006.
According to the applicant, in order to help the North Carolina Housing Finance Agency support the applicant’s proposal for 32 tax credit affordable units in Dobbins Hill, the applicant is requesting that the revised stipulation permit Certificates of Occupancy for some residential units in Dobbins Hill and Wilson Assemblage before October 31, 2006.
Specifically the applicant is asking that Certificates of Occupancy may be issued for all of the 32 affordable units in Dobbins Hill and 50 residential units in Wilson Assemblage prior to October 31, 2006. A revised stipulation incorporating this request is shown below:
U.S. Hwy. 15/501 and Certificate of Occupancy: That except for the issuance of 50 residential Certificates of Occupancy in Wilson Assemblage and 32 Certificates of Occupancy in Dobbins Hill Phase II, no additional Certificate of Occupancy shall be issued for any part of this development until the Superstreet improvements at the intersection of U.S. 15-501 and Europa Drive/Erwin Road, being designed and constructed by North Carolina Department of Transportation, are completed and open to traffic, or until October 31, 2006, whichever is sooner.
Considering that we believe that the Superstreet will be completed in June/July 2006 and that the revised stipulation as stated in Option #2 will support the applicant’s affordable housing proposal during its review by the North Carolina Housing Finance Agency, the Manager’s revised resolution recommends Option #2.
A third alternative to the options discussed above would be to withhold all Certificates of Occupancy until such time that the Superstreet construction is complete. We understand that the impact of this stipulation would result in the delay and likely denial of the applicant’s Dobbins Hill tax-credit proposal by the North Carolina Housing Finance Agency.
2. Preservation of the 1930 farm house along Dobbins Drive.
Several Council members expressed interest in the possibility that the 1930 farm house could be preserved by either a) incorporating the structure into the applicant’s proposed development plans; b) offering the structure to a preservation or housing organization; or c) relocating the structure to the future Southern Community Park.
a) Incorporating the structure into the applicant’s proposed development plans:
Comment: We understand from the applicant that due to structural and building code issues the applicant is not incorporating the structure into the proposed site design. However, we understand that the applicant is willing to assist in the preservation of the structure so it can be relocated to another site.
b) Offering the structure to a preservation or housing organization:
Comment: We understand that the applicant has been in contact with building preservationists from the State and Orange County. We also understand that the applicant has completed or is in the process of obtaining an inspection report on the structural integrity of the building. The applicant has also stated a willingness to delay demolition or removal of the house for a period of one year in order to allow an organization or individual time to save the structure.
We also understand that if the applicant can avoid the cost associated with demolition and removing the building, that they would be willing to donate the savings (approximately $8,000) toward the preservation project.
With respect to preserving the structure and the applicant’s offer to help fund the project, we recommend the following stipulation:
Preservation of Farm House: That the developer defer, for one year from date of issuance of the Special Use Permit, removal of the farm house on Dobbins Drive and offer the house to a preservation or housing organization for relocation and preservation on another site or to an organization or individual that would relocate, preserve or reuse the house. The proposal to relocate, preserve, or reuse the house shall be reviewed and approved by the Town Manager prior to the issuance of any Certificate of Occupancy.
That an agreement between the applicant and the organization or individual relocating and preserving the structure shall include a payment from the applicant in the amount of $8,000 to the organization or individual moving the structure. Verification of transfer of this payment shall be presented to and approved by the Town Manger.
Thirty-days prior to demolition the applicant shall inform the Town Manger of the failure to secure an organization or individual willing to relocate, preserve or reuse the structure.
The Manager’s revised resolution includes the above stipulation.
c) Relocating the structure to the future Southern Community Park:
Comment: At this time we do not have sufficient information to recommend relocating this structure to the Southern Community Park. Without an adequate structural analysis and an evaluation of relocation and site preparation costs we can not determine the financial soundness or utility of moving this structure to the Southern Community Park.
In addition to these unknowns, a location for this structure had not been foreseen during the long range planning process for the Southern Community Park. As currently designed, the park plans include several small structures (rest room, shelter, shed) and a future community center. We do not believe that the farm house would be a suitable structure for any of the planned building at the Southern Community Park.
If the Council desires to explore the idea of moving the structure to the Southern Community Park we recommend that the initial steps involve the Park Planning Committee. We also recommend that the Orange County Commissioners be informed of a proposal to modify the adopted Park Concept Plan from March 5, 2003. If so directed by the Council, we could begin this process.
Although we have not considered the feasibility of relocating this building to other Town properties, if the Council desires we could also begin to investigate this suggestion.
3. Proposed two lane drive-through.
A Council member asked the staff to discuss the justification for the applicant’s proposed two lane drive-through.
Comment: We have reviewed the traffic impacts from the October 2004 Traffic Impact Analysis. The applicant’s current proposal for a two lane drive-through for bank use was not included in the October 2004 Traffic Impact Analysis.
In order not to increase traffic impacts beyond the findings of the October 2004 Traffic Impact Analysis, we have concluded that a modification to the applicant’s proposed retail and office floor area is necessary if the applicant’s proposal includes a two lane drive-through for bank use.
The below chart outlines the applicant’s proposed floor areas from the November 15, 2004 Public Hearing, the applicants proposal from February 14, 2005, including the drive-through lane for bank use, and the staff’s recommend floor areas if the Special Use Permit is approved with a two lane drive-through for bank use.
|
Land Use |
Applicant’s Proposal |
Manager’s Recommendation |
|
|
November 15, 2004 |
February 14, 2005 |
February 28, 2005 |
|
|
General Office |
31,250 sq ft (62.5%) |
30,000 sq ft (62.5%) |
34, 500 sq ft (71%) |
|
Specialty Retail Center |
18,750 sq ft (37.5%) |
18,000 sq ft (37.5%) |
10, 000 sq ft (20%) |
|
Bank |
No |
Yes square footage not specified |
3,500 sq ft (7%) |
|
2 Lane Drive-Through at Bank |
No |
Yes |
Yes |
|
Total Floor Area |
50,000 sq ft |
48,000 sq ft |
48,000 sq ft |
If the Council determines to authorize a two lane drive-through for bank use only with this Special Use Permit, we recommend that the permit restrict the floor area and land use as specified in the Manager’s Recommendation above. The Manager’s revised resolution attached to this memorandum recommends authorizing a two lane drive-through, for bank use only, with the floor areas specified as noted in the above table under February 28, 2005 column.
Alternately, if the Council decides to prohibit the drive-through lanes, we recommend that the land use intensity chart in the Manager’s Resolution is revised with the general office and specialty retail floor areas proposed by applicant on February 14, 2005. We also recommend that the resolution include the following stipulation:
Car Drive-Through: That car drive-through windows are prohibited.
4. McGregor Drive Connection.
Several Council members expressed support for limited access between the proposed development and McGregor Drive.
Comment: The Manager’s revised resolution includes a stipulation that limits the McGregor Drive connection to a 12-foot wide paved emergency vehicle driveway with bollards including access for bicycle and pedestrians. The stipulation also required that the improved limited access is located within a dedicated a 50-foot wide public right-of-way.
SUMMARY
We have attached a resolution that includes standard conditions of approval as well as special conditions that we recommend for this application. With these conditions, we believe that the Council could make the findings regarding health, safety and general welfare, and consistency with the Comprehensive Plan.
RECOMMENDATIONS
Manager’s Revised Recommendation: Based on our evaluation of the application and the information in the record to date we believe that the Council could make the findings required to approve the Special Use Permit application. We recommend that the Council adopt Resolution A, approving the application with conditions.
Resolution B would deny the application.
ATTACHMENTS
1. February 14, 2005 Public Hearing Memorandum and related attachments (p. 20).
RESOLUTION A
(Manager’s Revised Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR WILSON ASSEMBLAGE (2005-02-28/R-8a)
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Special Use Permit application proposed by The Design Response, Inc. on property identified as Chapel Hill Township Tax Map 27A, Block A, Lot 1, and Tax Map 27, Block B, Lots 3A, 5, 6, 7, 8, 9, 10, 11, if developed according to the site plans dated January 18, 2005, and conditions listed below:
1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would comply with all required regulations and standards of the Land Use Management Ordinance;
3. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Would 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 Council hereby approves the application for a Special Use Permit for Wilson Assemblage in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begins by February 28 , 2007 and be completed by February 28, 2008.
2. Land Use Intensity: This Special Use Permit authorizes construction of a mixed-use development as specified below:
|
Land Use Intensity |
|
|
Net Land Area |
824,154 sq ft |
|
Maximum Floor Area Total |
208,511 sq ft |
|
Total # of Buildings |
17 (15 Residential /2 Nonresidential) |
|
Maximum # of Dwelling Units |
149 |
|
Land Use Intensity |
|
|
Maximum Nonresidential Floor Area (48,000 sq ft) |
Max. Office-Type Business Use 34,500 sq ft |
|
Max. Gen Business, Convenience Business, Barber Shop/Beauty Salon, Clinic (Medical) 10,000 sq ft |
|
|
Bank with 2 lane drive-through 3,500 sq ft |
|
|
Maximum Impervious Surface Area |
453,285 sq ft |
|
Minimum # of Parking Spaces |
396 |
|
Minimum # of Bicycle Spaces |
189 |
3. Preservation of Farm House: That the developer defer, for one year from date of issuance of the Special Use Permit, removal of the farm house on Dobbins Drive and offer the house to a preservation or housing organization for relocation and preservation on another site or to an organization or individual that would relocate, preserve or reuse the house. The proposal to relocate, preserve, or reuse the house shall be reviewed and approved by the Town Manager prior to the issuance of any Certificate of Occupancy.
That an agreement between the applicant and the organization or individual relocating and preserving the structure, shall include a payment from the applicant in the amount of $8,000 to the organization or individual moving the structure. Verification of transfer of this payment shall be presented to and approved by the Town Manger.
Thirty-days prior to demolition the applicant shall inform the Town Manger of the failure to secure an organization or individual willing to relocate, preserve or reuse the structure.
Stipulations Related to Affordable Housing
4. Dobbins Hills Affordable Housing Component: A Zoning Compliance Permit for Wilson Assemblage shall not be issued until such time that a Zoning Compliance Permit for Dobbins Hill has been issued. Prior to the issuance of a Zoning Compliance for Wilson Assemblage, the applicant shall verify that the North Carolina Housing Finance Agency has approved the applicant’s proposal for 32 tax credit affordable units in Dobbins Hill.
5. Certificate of Occupancy for 50th Residential Unit: Prior to the issuance of the Certificate of Occupancy for the 50th residential unit in Wilson Assemblage, it will be necessary to obtain a Certificates of Occupancy for all 32 of the new affordable housing units in Dobbins Hill.]
6. Encroachment Permit: Prior to the issuance of a Zoning Compliance Permit, the applicant shall secure and provide an encroachment agreement from the North Carolina Department of Transportation for all work within the public right-of-way.
7. Restricted McGregor Drive Connection: That the final plan and plat include a 12-foot paved emergency vehicle driveway with bollards, also capable of bicycle and pedestrian access, between McGregor Drive and the new public street in the Wilson Assemblage development. That the improvements shall be located within a 50 foot wide dedicated public right of way. Prior to the issuance of a Zoning Compliance Permit the applicant shall record a dedication plat for the 50-foot wide right-of-way.
8. Dobbins Drive Improvements: The applicant shall construct a) a Town standard curb and gutter and b) a five foot wide sidewalk, along the applicant’s frontage on Dobbins Road. If deemed appropriate by the Town Manager, the applicant may provide a payment in lieu for all or a portion of the improvements along Dobbins Drive.
9. Dobbins Drive Sidewalk Alternate Location: If the Town Manager determines that construction of the Dobbins Drive sidewalk is not practical due to design conflicts associated with the Superstreet project, an alternate location may be within the proposed 25 foot wide Type D buffer along Dobbins Drive. Prior to the issuance of a Zoning Compliance Permit, the applicant shall obtain Community Design Commission approval for an alternate buffer for any portion of the buffer that includes a sidewalk.
10. Dobbins Drive Sidewalk Public Easement: For that portion of the Dobbins Drive sidewalk located outside the public right-of-way, a public use easement shall be provided over the portion of the sidewalk located outside of the Dobbins Drive public right-of-way, and the Town shall not be responsible for maintenance of this portion of the sidewalk. This easement shall be identified on the final plat and a recorded easement document, approved by the Town Manager, shall be provided prior to issuance of a Zoning Compliance Permit.
11. Dobbins Drive Right-of-Way: That prior to issuance of a Zoning Compliance Permit, right-of-way must be provided for the Dobbins Drive relocation that is proposed as part of the US 15-501 SuperStreet project. If the right-of-way has not been acquired by the North Carolina Department of Transportation, the applicant shall dedicate the right-of-way required for the future relocation of Dobbins Drive.
12. Erwin Road Sidewalk: The applicant shall construct a five foot wide sidewalk along the applicant’s frontage, the Erwin Village frontage, and Duke Energy frontage along Erwin Road. If adequate right-of-way is not available along the Erwin Road frontage adjacent to the Duke Energy site, the applicant may provide a payment in lieu for this sidewalk. The amount of the payment-in-lieu shall be approved by the Town Manager and shall be received prior to the issuance of a Zoning Compliance Permit.
13. Erwin Road Right-of-Way: That the applicant dedicate public right-of-way along the site frontage on Erwin Road to ensure that the right-of-way will be a minimum of one foot behind the back of the sidewalk or half of a 60 foot wide right-of-way, whichever is greater.
14. Internal Public Streets: That a public street shall be constructed to provide access through the site from Dobbins Drive to Sage Road. The public street shall be 27-feet wide, measured from back of curb to back of curb, with 30-inch wide curb and gutter within a 45-foot wide right-of-way, built to Town Standard. Prior to issuance of a Zoning Compliance Permit the applicant must submit the final design and construction details for approval by the Town Manager.
15. Internal Public Street Alignment on Sage Road: That the proposed public street within the Wilson Assemblage proposal be aligned with the existing Lowes entrance on Sage Road. The realigned intersection design may incorporate portions of the Lowes driveway and curb line located within the public right-of-way. Prior to the issuance of a Zoning Compliance Permit, final design and construction details for the intersection alignment shall be approval by the Town Manager.
16. On-Street Parking: That the location and configuration of on-street parking spaces, proposed along the internal public street between Building B and Dobbins Hill, be reviewed and approved by the Town Manager.
17. Sage Road Sidewalk: The applicant shall construct a five foot wide sidewalk along the applicant’s frontage on Sage Road, including connecting to the existing public sidewalk segments near the existing Howell Building on Sage Road and Walden at Greenfields.
18. Traffic Signal Payment-In-Lieu: Prior to issuance of a Zoning Compliance Permit, a payment-in-lieu shall be provided to the Town of Chapel Hill for a traffic signal, with pedestrian amenities including crosswalks on Sage Road and at the Lowes driveway, for the intersection of the new public street and the existing Lowes’ entrance on Sage Road. The amount of the payment-in-lieu shall take into account any existing payments and be based on the percentage of the traffic to be generated by the Wilson Assemblage development in proportion to the existing traffic at the proposed intersection and shall be approved by the Town Manager.
19. Signal Timing Payment: Prior to issuance of a Zoning Compliance Permit, the applicant shall provide a payment to the Town of Chapel Hill of $9,000 for revised traffic signal timings at eight affected signalized intersections along US 15-501 Corridor.
20. Howell Properties Driveway on Sage Road: Upon completion of the drive aisle connection between the Howell Properties on Sage Road and the internal public street, the existing Howell Office Building Sage Road driveway shall be limited to right-in/right-out movements, as approved by the Town Manager, or shall remain closed until such time that the restricted movement modification is constructed. Prior to the issuance of a Zoning Compliance Permit, the Town Manager shall approve the design and construction details for the right-in/right-out drive at the existing Howell Property drive on Sage Road.
21. U.S. Hwy. 15/501 and Certificate of Occupancy: That except for the issuance of 50 residential Certificates of Occupancy in Wilson Assemblage and 32 Certificates of Occupancy in Dobbins Hill Phase II, no additional Certificate of Occupancy shall be issued for any part of this development until the Superstreet improvements at the intersection of U.S. 15-501 and Europa Drive/Erwin Road, being designed and constructed by North Carolina Department of Transportation, are completed and open to traffic, or until October 31, 2006, whichever is sooner.
22. Traffic Calming Devices: Prior to issuance of a Certificate of Occupancy, the applicant shall install traffic calming devices on the through public street internal to the site that would connect Dobbins Drive and Sage Road. The specific design and location of the traffic calming devices shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
23. Building B Driveway Removal: That the proposed two way driveway, shown on the plans closest to the Sage Road intersection shall not be constructed.
24. Internal Pedestrian Connections: That the applicant construct pedestrian connections in the following general locations:
· Between the southwest corner of the Dobbins Hill development and the clubhouse pool area; and
· Between central east/west court yard quad sidewalk (buildings 8, 9, 10, 11) and the proposed north building in Dobbins Hill.
In order to accommodate changes in topography between this development and Dobbins Hill where deemed appropriate by the Town Manager, the design and construction of the pedestrian paths may include stairs or steps.
25. Other Sidewalks: The applicant shall construct the following sidewalks:
· On both sides of the proposed Dobbins Drive entrance, south of the first speed table; and
· A five foot wide sidewalk on both sides of the proposed internal public street, between Sage Road and the existing pedestrian access connection between Dobbins Hill and Walden at Greenfields. This sidewalk shall be located within a publicly dedicated right-of-way;
26. Bicycle Parking: That the development shall comply with the Town’s Design Manual for bicycle parking standards as follows:
|
Total Number of Required Spaces |
189 |
|
Number of Class I Spaces |
163 |
|
Number of Class II Spaces |
26 |
27. Parking Lot Standards: That all parking lots, drive aisles and parking spaces shall be constructed to Town standards.
28. Bus Stop: That a bus stop shall be installed at a location internal to the development, to be approved by the Town Manager.
Stipulations Related to Landscaping and Architectural Issues
29. Required Buffers: That the following landscape buffer be provided; and if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by fencing from adjacent construction:
|
Location |
Required Buffer |
|
Dobbins Drive /US 15-501
|
25’ Type D (Alternate buffer for portion with public sidewalk) |
|
East side of Duke Energy Property |
10’ Type B |
|
North side of Duke Energy Property
|
20’ Type C or alternate buffer if off-site landscape easements unavailable |
|
Erwin Road |
30’ Type D |
|
Erwin Village |
20’ Type B |
|
Walden at Greenfields |
10’ Type B |
|
Sage Rd
|
30’ Type D – adj to parking 20’ Type C - adj to Building B Alternate buffer – adjacent to refuse facility |
|
East side of Dobbins Hill Property |
20’ Type B |
|
South & West side of Dobbins Hill Property |
10’ Type B |
30. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees shall be removed and preserved, as well as all significant tree stands, and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
31. Landscaping Plan: That a detailed landscape plan including a landscape maintenance plan, 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.
32. Tree Protection Fencing: That the limits of land disturbance with tree protection fencing, shall be shown on the Landscape Protection Plan, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
33. Parking Lot Screening: That all parking areas shall be screened from view in accordance with the provisions of Article 5.6 of the Land Use Management Ordinance. The screening and shading plans shall be approval by the Town Manager.
34. Alternative Landscape Bufferyards: That the details for all alternate landscape bufferyards shall be reviewed and approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.
35. Building Elevations: That the Community Design Commission approve building elevations, including the location and screening of all HVAC/Air Handling Units for this project, prior to issuance of a Zoning Compliance Permit.
36. Lighting Plan: That the Community Design Commission approve a lighting plan for this project prior to issuance of a Zoning Compliance Permit.
Stipulation Related to Recreation Area
37. Minimum Recreation Requirements: That a minimum of 26,446 square feet of recreation space shall be provided for this development. The applicant may provide a payment-in-lieu for a portion of the required recreation improvement area.
Stipulations Related to Environmental Issues
38. Impervious Surface Limits: That the site shall comply with the impervious surface limits of the Land Use Management Ordinance. Impervious surface area is authorized at 453,285 square feet.
39. 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, including but not limited to bio-retention, pervious pavements, underground storage, infiltration trenches, vegetative swales and similar techniques.
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% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.
That the final stormwater management plan provide detailed information concerning maintenance access points, maintenance schedules, methods used for maintenance, identification of parties responsible for maintenance, and basin/outlet details. The Maintenance and Operations Plan must provide for a pre-cleaning of the underground systems prior to issuance of a Certificate of Occupancy and pre-treatment facilities for solids removal. Permanent water quality treatment shall be provided prior to the underground detention of stormwater.
40. Storm Drainageway Easement: That all stormwater detention, treatment, and conveyance facilities shall be located within an easement entitled: “Reserved Storm Drainageway”. A storm drainageway shall be reserved from any stormwater management feature that would obstruct or constrict the effective conveyance and control of stormwater from or across the property, for all engineered stormwater structures above and below ground, and for all conveyance systems such as pipes, streams, or ditches if such systems convey, divert, or otherwise manage surface water flowing onto the property/site from off-site areas. The Reserved Storm Drainageway shall be defined on the appropriate final plan sheet(s) and recorded on the final plat. Maintenance access to the Reserved Storm Drainageway must be provided and shown on the plans.
41. 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 intended and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
42. Stormwater Maintenance and Easement Agreement: Prior to the issuance of a Zoning Compliance Permit, it will be necessary for the applicant to execute a recorded maintenance and easement agreement with the adjoining Dobbins Hill property owner. The agreement must be binding on all current and subsequent property owners and ensure perpetual compliance with the Town’s stormwater requirements and maintenance of the facilities. Prior to recordation, this document must be approved by the Town Manager.
43. 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 be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.
44. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. That a performance guarantee shall be provided in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.
45. 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 Issues
46. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, and for managing and minimizing construction debris and removal of existing residential debris piles, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
47. Approval of Shared-Container and Joint Access Agreements: That a shared-container and joint refuse vehicle access agreement shall be provided between the owners and heirs of the parcel containing Building B and the adjacent Howell Properties on Sage Road. The agreement shall be approved by the Town Manager and recorded at the Orange County Register of Deeds Office; and copies of the agreement shall be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.
48. Heavy Duty Pavement: That all new drive aisles needed to access refuse containers and shall be constructed of heavy duty pavement. The final plans must include a detail of this pavement section. It will also be necessary to include the following note on the final plans: “The Town of Chapel Hill, its’ assigns or Orange County shall not be responsible for any pavement damage that may result from service vehicles.”
49. Overhead Obstruction/Utility Lines: That the final plans included details verifying that no overhead obstruction or utility wires will interfere with service vehicle access or operation.
50. 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 prior to issuance of a Zoning Compliance Permit.
51. Utility Line Placement: That all new utility 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.
52. Fire Flow: That a fire flow report, shall be prepared and sealed by a registered professional engineer, and 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.
53. Vehicle Access for Fire Fighting: That vehicle access for fire fighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 feet of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads capable of supporting vehicle loading under all weather conditions.
54. Water Supply for Fire Protection: That water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible materials arrive on site.
55. Schools Adequate Public Facilities Ordinance: That the applicant provide the necessary Certificates of Adequacy of Public Schools prior to issuance of a Zoning Compliance Permit.
56. Taxation: That during any time this property is exempt from ad valorem property taxes, the owner shall make annual payments-in-lieu of property taxes, the amount to be determined based on a valuation determined by the Orange County Tax Supervisor and the applicable year’s established city and county tax rate.
57. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle traffic will be managed, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
58. Traffic and Pedestrian Control Plan: That a Traffic Management Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction, including detour information and a pedestrian management plan indicating how pedestrian movements will be safely maintained shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
59. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited unless it is demonstrated to the Town Manager or his designee that no reasonable alternative means are available for removal of the materials from the subject property. The Fire Marshall may establish safety standards, which must be met in order to receive a permit.
60. 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.
61. As-Built Plans: That as-built plans in DXF 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.
62. 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 plat.
That 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; 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.
63. 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.
64. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
65. 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 application for the Special Use Permit application for Wilson Assemblage in accordance with the plans and conditions listed above.
This is the 28h day of February, 2005.
RESOLUTION B
(Denying the Special Use Permit Application)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR WILSON ASSEMBLAGE (2005-02-28/R-8b)
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Special Use Permit application proposed by The Design Response, Inc. on property identified as Chapel Hill Township Tax Map 27A, Block A, Lot 1, and Tax Map 27, Block B, Lots 3A, 5, 6, 7, 8, 9, 10, 11, if developed according to the site plans dated January 18, 2005:
1. Would not be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would not comply with all required regulations and standards of the Land Use Management Ordinance;
3. Would not be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property and is not a public necessity; and
4. Would not 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 Council hereby denies the application for a Special Use Permit for Wilson Assemblage in accordance with the plans listed above and with the conditions listed below:
(INSERT ADDITIONAL REASONS FOR DENIAL)
BE IT FURTHER RESOLVED that the Council hereby denies the application for Wilson Assemblage as proposed by The Design Response, Inc.
This the 28h day of February, 2005.