A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE HOMESTEAD PARK AQUATIC CENTER (2005-11-09/R-6a)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE HOMESTEAD PARK AQUATIC CENTER (2005-11-09/R-6a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by the Town of Chapel Hill for the Homestead Park Aquatic Center on property identified as Orange County Tax Map 7.24, Lot 19, (PIN 9880-12-7274) if developed according to the site plans dated April 5, 1997, revised September 22, 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 that the Town Council hereby approves the application for a Special Use Permit Modification for the Homestead Park Aquatic Center in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. That construction begin November 9, 2007 and be completed by November 9, 2010.

2. Relationship to May 15, 2000 Special Use Permit Modification: This approval modifies the terms of the Special Use Permit Modification approved by the Town Council on May 15, 2000. Except as specifically authorized or modified by this document, the terms and conditions of the Special Use Permit Modification Resolution, as adopted by the Council on May 15, 2000, remain in effect.

3. Land Use Intensity: This Special Use Permit Modification authorizes a public use facility (aquatic center and park) with land use intensity requirements and dimensional standards as specified below:

Land Use Intensity
Net Land Area	39.98 acres
Total # of Buildings	4
Permitted Floor Area	29,200 SF
Impervious Surface Area	314,890 SF
Maximum # of Parking Spaces	317
Bicycle Parking Spaces	60 spaces

Stipulations Related to Transportation Issues

4. Traffic Signal Warrant Study: That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide a $1,000 payment to provide for a 16 hour traffic signal warrant study at the park entrance on Homestead Road. The traffic counts and a traffic signal warrant study by the Town shall be conducted within12 months, after the Aquatic Center is open to the public, or within a timeline as determined by the Town Manager.

If the Town Manager determines that the results of the study warrant a fully-actuated traffic signal with pedestrian amenities, then the applicant shall install these improvements as directed by the Town Manager, subject to the approval of the North Carolina Department of Transportation.

5. Traffic Signal Timing Plan: That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide a payment of $1,000 to revise the PM peak signal timing plan at the intersection of Homestead Road and Martin Luther King, Jr. Blvd.

6. Bicycle Parking: That the development shall comply with the Town’s Design Manual for bicycle parking design. That the development provides, including existing bicycle parking spaces, a minimum of 60 bicycle parking spaces.

7. Handicapped Access: That the applicant design the drop-off area in front of the Aquatic Center with a smooth transition slightly ramped curb and lighted bollards. The applicant shall submit a detail for the drop-off area, for the Town Manager to approve, prior to approval of a Zoning Compliance Permit.

8. Sidewalks: That the applicant provide a continuous sidewalk around the edge of the parking lot, to provide access to the Aquatic Center.

Stipulations Related to Landscaping and Architectural Issues

9. Required Buffers: That the following landscape buffers 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

Location

Required Buffers

Northern Property Line

20 ft. Type ‘C’ Buffer

Western Property Line

20 ft. Type ‘C’ Buffer

10. Bio-Retention Facility Planting Plan: That prior to the issuance of a Zoning Compliance Permit, the Town Manager shall approve a planting plan for the proposed bio-retention facility.

11. Tree Protection Fencing: That tree protection fencing be installed along the limits of all land disturbance, including that associated with off-site utility infrastructure construction, and that the location of this fencing be shown on the Landscape Protection Plan, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

12. Parking Lot Screening: That all parking areas shall be screened from view in accordance with the provisions of Section 5.6 of the Land Use Management Ordinance. The screening plans shall be approved by the Town Manager.

13. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating 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.

14. 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 buffers as well as the limits of land disturbance and tree protection fencing.

15. Building Elevation: That the Community Design Commission approve a building elevation and lighting for this project, prior to issuance of a Zoning Compliance Permit.

16. 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.

Stipulations Related to Environmental Issues

17. Storm Inlets: That any new curb inlets hoods/covers installed on the site be pre-cast stating “Dump No Waste; Drains to Jordan Lake”, in accordance with specifications of the Town Standard Detail SD-5A.

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

19. 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.

20. 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 originally intended and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.

21. State or Federal Approvals: That any required State or Federal permits or encroachment agreements must be approved by the appropriate agencies and copies of the approved permits be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.

22. Erosion Control: That a soil erosion and sedimentation control plan (including provisions for maintenance of facilities and modification of the plan if necessary), be reviewed and approved by North Carolina Department of Environmental and Natural Resources. That the plan is reviewed by the Orange County Erosion Control Officer and that a copy of comments associated with the review be provided to the Town Manager prior to the issuance of a Zoning Compliance Permit.

23. 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

24. Refuse/Recycling Collection Area: That Final Plans include a dimensioned detail of the proposed recycling/refuse collection area, including screening, protective bollards, and fence height. Fence height must be 7 feet or at least one foot above the height of the containers.

25. 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.

26. Overhead Obstruction/Utility Lines: That the final plans include details verifying that no overhead obstruction or utility wires will interfere with service vehicle access or operation.

27. 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, and the Town Manager prior to issuance of a Zoning Compliance Permit.

28. 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.

29. Fire Flow: That a fire flow report for all new construction, 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.

Stipulations Related to Miscellaneous Issues

30. 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.

34. 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.

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

36. 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.

37. 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.

38. 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 32 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.

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

40. 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 the Homestead Park Aquatic Center in accordance with the plans and conditions listed above.

This the 9^thday of November, 2005.