A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR PERFORMANCE MOTORS (2005-06-27/R-21a)
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Philip Post and Associates, Inc. for Performance Motors on property identified as Orange County Tax Map 27, Block C, Lots 2 & 3 and Orange County Tax Map 27A, Block C, Lots 9 & 10 (PIN nos. 9799-68-6685, 9799-78-1315, 9799-78-0702, 9799-78-2336) if developed according to the site plans dated August 23, 2004, revised May 25, 2005 and the 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 by the Town Council of Chapel Hill that it finds, in this particular case, that the following modification satisfies public purposes to an equivalent or greater degree:
Said public purposes, to an equivalent or greater degree, being based on a determination that, in this case, a principal parking space is equivalent to an accessory space.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for Performance Motors in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin by June 27, 2007 and be completed by June 27, 2015.
2. Land Use Intensity: This Special Use Permit Modification authorizes several automobile dealerships, with associated repair, preparation areas, parking, and vehicle storage, land use intensity requirements and dimensional standards as specified below:
|
Land Use Intensity |
|
|
Net Land Area |
564,273 s.f. |
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Total # of Buildings in Three Phases |
8 |
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Maximum Floor Area |
101,390 s.f. |
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Maximum Impervious Surface Area |
418,611 s.f. |
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Maximum # of Parking Spaces Proposed |
250 |
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Minimum # of Bicycle Spaces |
29 (5 Class I/24 Class II) |
3. Old Durham Road/Scarlett Drive/Service Road Intersection Improvements: That the applicant shall provide the following improvements at this intersection: 1) construct a 6-foot-wide and 60-foot-long concrete island along the centerline of Old Durham Road to prevent left turns from Old Durham Road into the service road located at the east side of the intersection; 2) reconstruct the eastern service road connection at Old Durham Road as a right-out only from the service road by removal of asphalt pavement and the installation pavement markings and landscaping and a bicycle lane; and 3) repaint the Scarlett Drive stop-bar at Old Durham Road. These improvements shall be subject to NCDOT and Town Manager approval, as well as evidence of coordination with the Durham Chapel Hill Carrboro Metropolitan Planning Organization, prior to issuance of a Zoning Compliance Permit.
4. Old Durham Road Directional Signage: That the applicant shall provide small directional signs, to enhance traffic circulation from the Old Durham Road side of the site, according to the Town Sign Ordinance, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
5. Fordham Boulevard Service Road Curb & Gutter Improvements: That the applicant shall construct a standard 30-inch curb-and-gutter along the Fordham Boulevard Service Road frontage, filling in the approximately 220-foot missing section of curb-and-gutter along this frontage, subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.
6. Fordham Boulevard Service Road Sidewalk Improvements: That the applicant provide a 5-foot wide sidewalk extending approximately 410 linear feet eastward along the Fordham Boulevard service road frontage, from the existing sidewalk near the Hardees on the east side of the site, to the driveway entrance to the west of the proposed BMW showroom.
7. Additional One-Way access to Fordham Boulevard Service Road: That the applicant provide a one-way driveway exiting the northwestern corner of the site, from the Acura dealership, onto the Fordham Boulevard Service Road, subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.
8. Old Durham Road Improvements: That the applicant shall provide a 30-inch wide curb and gutter, a 5-foot wide sidewalk, and room for a bicycle travel lane, within a 46-foot wide roadway cross section on the south side of Old Durham Road, extending approximately 100 linear feet from the existing sidewalk along the Old Durham Road frontage to the western end of the lot proposed for expanded employee parking. These improvements shall be subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.
9. Old Durham Road Right-of-Way Dedication: That the applicant shall dedicate approximately 15 additional feet of right-of-way for about 100 linear feet on the south side of Old Durham Road to correspond to the wider existing right-of-way width immediately to the east and to accommodate the proposed 46-foot cross section, 30-inch curb and gutter and 5-foot sidewalk, subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.
10. Old Durham Road Bus-Stop Improvements: That the applicant shall provide bus-stop improvements, including a bench, trash can, information tube (for route maps), and a shelter to be located on the South Side of the Old Durham Road frontage of the site. Design subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
11. Abandon Old Durham Road Curb Cut: That the applicant shall abandon the westernmost curb cut on Old Durham Road that currently provides access to the vacant bank parking lot, and replace it with Town standard curb and gutter subject to NCDOT and Town Manager approval prior to issuance of a Zoning Compliance Permit.
12. Old Durham Road Pedestrian Crosswalk: That the applicant provide a painted cross-walk on Old Durham Road, from the employee parking lot to the main dealership portion of the site. The design will be subject to NCDOT and Town Manager approval, as well as evidence of coordination with the Durham Chapel Hill Carrboro Metropolitan Planning Organization, prior to issuance of a Zoning Compliance Permit.
13. Old Durham Road Handicap Ramps: That the applicant provide handicap ramps, built to NCDOT standard, at both ends of the proposed crosswalk. The design will be subject to NCDOT and Town Manager approval prior to issuance of a Zoning Compliance Permit.
14. Cooper Street Speed Table: That the applicant shall provide a speed table, for traffic calming purposes, on Cooper Street approximately mid-block between Old Durham Road and Legion Road Extension, built to Town Standard and subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.
15. Signal Retiming: That the applicant shall provide a $2,000 payment to the Town for traffic signal retiming at the intersections of Fordham Boulevard and Eastowne Drive as well as Fordham Boulevard and Old Durham Road prior to issuance of a Zoning Compliance Permit.
16. Bicycle Parking: That the applicant shall provide 1) five Class I bicycle parking spaces inside one or more buildings on the Performance Motors site (such as an employee locker room area), and 2) two Class II, well-lighted, wave-type bicycle racks, with 12-spaces each, sited near the showrooms on the eastern and western parts of the main dealership site, for a total of 29 spaces, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
17. Western Pedestrian Connection: That the applicant shall provide a pedestrian connection to the adjacent Hardees Restaurant on the western boundary of the site, in the vicinity of the 20-inch oak tree proposed for preservation. The design will be subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.
18. Parking Lot Standards: That all parking lots, drive aisles and parking spaces shall be constructed to Town standards.
19. Transportation Management Plan: That the applicant shall prepare and obtain Town Manager approval of a Transportation Management Plan prior to issuance of a Zoning Compliance Permit. The required components of the Transportation Management Plan shall include:
a. Quantifiable traffic reduction goals and objectives;
b. Provisions for designation of a Transportation Coordinator;
c. Provision for an annual Transportation Survey and Annual Report to the Town Manager;
d. Ridesharing incentives;
e. Public transit incentives; and
f. Other measures subject to approval by the Town Manager.
Stipulations Related to Landscaping and Architectural Issues
20. 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:
Required Landscape Buffers
|
Main Dealership Part of Site |
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Location |
Required Buffers |
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Northern Property Line (Service Road frontage) |
Variable Width 20-40 ft. Type ‘D’ External Alternative Buffer |
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Western Property Line (adjacent to Hardees) |
Type ‘B’ Internal Alternative Buffer (5-ft.) |
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Southern Property Line (Old Durham Road frontage) |
Variable Width 8-35 ft. Type ‘D’ External Alternative Buffer with Berm |
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Eastern Property Line (adjacent to Blue Cross/BS) |
Variable Width Type ‘C’ Internal Buffer (23 to 50 ft.) |
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Cooper Street Employee Parking Lot Part of Site |
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Northern Property Line (Old Durham Rd. Frontage) |
Variable Width Type ‘D’ External Alternative Buffer (5 – 16 ft., as Existing) with brick wall 3-4 ft. tall |
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Western Property Line (Adjacent to lot zoned NC) |
20’ Type ‘C’ Internal Buffer with 6-foot stockade fence |
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Southern Property Line (Adjacent to lots zoned R-3 ) |
20’ Type ‘C’ Internal Buffer with 6-foot stockade fence |
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Eastern Property Line (Cooper St. Frontage) |
Variable Width Type ‘D’ External Alternative Buffer (8 – 25 ft., as Existing) with brick wall 3-4 ft. tall No Proposed Changes |
Alternative landscape buffers must be approved by the Community Design Commission.
21. Fordham Boulevard Service Road Frontage Landscape Buffers: That the applicant shall provide a 20 to 40-foot variable width type “D” alternative external buffer along the Fordham Boulevard Service Road frontage and supplement these existing buffers with type “D” external buffer plantings, subject to Community Design Commission and Town Manager approval prior to issuance of a Zoning Compliance Permit.
22. Automobile Display or Storage in Landscape Buffers Prohibited: That the display or storage of automobiles within specified landscape buffer areas shall be prohibited.
23. Western Property Line Landscape Buffers: That the applicant shall provide a 5-foot type “B” internal alternative buffer along the western property line, subject to approval by the Community Design Commission, prior to issuance of a Zoning Compliance Permit.
24. Old Durham Road Frontage Landscape Buffers: That the applicant shall provide a variable width ‘Type D’ external alternative buffer (8-35 feet), and maintain the existing earthen berm subject Community Design Commission and Town Manager approval prior to issuance of a Zoning Compliance Permit.
25. Specimen Tree Protection: That the applicant shall protect the 20-inch oak specimen tree, on the western boundary of the site. The applicant shall carefully remove pavement and curbing as well as several parking spaces shown on plans outside of the 20-inch oak tree’s critical root zone. The design will be subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.
26. 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.
27. Landscape Plan and Landscape Maintenance Plan: That a detailed Landscape Plan including 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.
28. Parking Lot Landscape 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 landscape screening plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
29. Shading Plan: That prior to issuance of a Zoning Compliance Permit, a Shading Plan must be submitted and approved by the Town Manager demonstrating compliance with Town regulations.
30. Building Elevations: That the Community Design Commission 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.
31. Lighting Plan: That the Community Design Commission approve a lighting plan for this project prior to issuance of a Zoning Compliance Permit. The Community Design Commission 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 on the portion of the main site where new development is proposed as well as the employee parking lot. That the applicant shall retrofit existing lights in the employee parking lot, as appropriate, to achieve compliance with the lighting standards of Land Use Management Ordinance.
Stipulations Related to Environmental Issues
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. The plan shall include low-impact stormwater management solutions and best management practices, such as bio-retention, pervious pavements, underground storage, infiltration trenches, vegetative swales and similar techniques.
The plan shall be based on the 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.
33. Underground Stormwater Storage for Employee Parking Lot: That the applicant shall expand the existing underground stormwater storage device, or similar infrastructure, along the southern boundary of the employee parking lot, to accommodate the additional stormwater discharge associated with the proposed new employee parking lot. Design to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
34. Storm Drainageway Easement: That all stormwater management improvements, outside public right-of-way, shall be located inside reserved storm drainageway easements, per Town guidelines, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
35. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
36. 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.
37. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for monitoring and maintenance of facilities and modifications of the plan if necessary, be approved by the County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. That a performance guarantee shall be provided, if more than one acre of land is disturbed, in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.
38. 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
39. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, and for managing and minimizing construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
40. Solid Waste Final Plan Details: That final plans shall include dimensioned details as well as appropriate signage and lighting for the refuse area, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. That final plans shall also include the following notes:
41. Refuse Pad Orientation: That the applicant orient refuse pads in the same direction for proper access.
42. Recycling Facilities: That the applicant provide six recycling roll carts in the waste collection area for recyclable materials such as glass, metal cans, plastic, and papers.
43. Heavy Duty Pavement: That the applicant shall provide heavy-duty pavement for service vehicles across drive aisles access routes to refuse container(s), subject to Town Manager approval.
44. Pavement Damage: That final plans include the following note, prior to issuance of a Zoning Compliance Permit, “The Town of Chapel Hill, its’ assigns or the County shall not be responsible for any pavement damage that may result from service vehicles.”
45. 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.
46. 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.
47. 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.
48. Fire Flow: 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.
49. Recorded Recombination Plat: That the applicant shall provide a recordable recombination plat to the Town Manager for approval for the purpose of recombining the 4 subject lots of the development assemblage (7.27.C.2, 7.27.C.3, 7.27A.C.9, and 7.27A.C.10) into two lots, one on each side of Old Durham Road. The applicant shall provide a copy of the recorded recombination plat to the Town prior to issuance of a Zoning Compliance Permit.
50. 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.
51. 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.
52. Car-Carrier Off-Loading Restrictions: That the current and future owners of the Performance Motors automobile dealerships shall not off-load trucks, including car-carriers or other trucks, on Old Durham Road frontage of the site.
53. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.
54. 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.
55. 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.
56. 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 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.
57. 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.
58. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
59. 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 by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit Modification application for Performance Motors, as proposed by Philip Post and Associates, in accordance with the plans and conditions listed above.
This is the 27th day of June, 2005.