A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE CHAPEL HILL KEHILLAH PARK/RIDE TERMINAL (2006-02-13/R-8a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by the Town of Chapel Hill for the Chapel Hill Kehillah Park/Ride Terminal on property identified as Orange County Tax Map 7.17.C.11, (PIN 9788-51-0886) if developed according to the site plans dated November 30, 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 modifications satisfy public purposes to an equivalent or greater degree:

 

  1. Modification of Section 6.8 of the Land Use Management Ordinance regulations, to remove the requirement for a bus shelter.
  2. Modification of Section 5.11 of the Land Use Management Ordinance regulations, to remove the requirement for approval of a lighting plan.

This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree because the above requested modifications to regulations may require less impervious surface if it reduces the demand for parking in the vicinity, and addresses a Key Concept from the Comprehensive Plan to achieve comprehensive parking strategies that balance parking supply with demand.

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for the Chapel Hill Kehillah Park/Ride Terminal in accordance with the plans listed above and with the conditions listed below:

 

Stipulations Specific to the Development

 

1.      That construction begins February 13, 2008 and be completed by February 13, 2009.

 

2.      Land Use Intensity: This Special Use Permit authorizes a Park/Ride Terminal with land use intensity requirements and dimensional standards as specified below:

 

Land Use Intensity

Maximum # of Parking Spaces

82 spaces

Maximum # of Rental Parking Spaces

50 spaces

 

Stipulations Related to Transportation Issues

 

3.      Mason Farm Road Sidewalk: That, prior to using the site as a Park/Ride Terminal, the applicant shall construct a sidewalk along the portion of Mason Farm Road from the entrance drive to the intersection with Purefoy Road.

 

4.    Sidewalk Construction to Coincide with Adjoining Properties: That at such time as a sidewalk is constructed on the frontage of adjoining property on Mason Farm Road, the owner of the property which is encumbered by this Special Use Permit shall construct or provide payment for the construction of a sidewalk along the frontage of its property along Mason Farm Road.

 

5.    Mason Farm Crosswalk: That prior to the use as a Park/Ride Terminal the applicant shall provide a payment-in-lieu not to exceed $1,500 towards the installation of a highly visible crosswalk on Mason Farm Road. 

 

6.    Traffic and Pedestrian Control Plan: If deemed necessary by the Town Manager, the applicant will provide a Traffic and Pedestrian Control Plan prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Landscaping

 

7.    Mason Farm Road Buffer:  That the existing buffer along Mason Farm Road, including the portion of the buffer within the public right-of-way, shall satisfy the 20-foot Type “C” buffer requirement along Mason Farm Road.

 

That at such time that the existing vegetation within the Mason Farm Road right-of-way is removed or dies, the applicant will either 1) Obtain approval of an alternate buffer from the Community Design Commission; or 2) Remove or relocate the parking spaces adjacent to the Mason Farm Road right-of-way and install a 20-foot wide Type “C” buffer on the zoning lot (outside of the public right-of-way).

 

8.    Alternate Buffer Approval along the East Property Line: That prior to the use as a Park/Ride Terminal, for those areas along the east property line where the buffer does not meet the minimum buffer requirements, the applicant shall obtain approval from the Community Design Commission for an alternate buffer.

 

9.    Parking Lot Screening: That the existing vegetation shall satisfy the requirement of the provisions of Section 5.6 of the Land Use Management Ordinance as it related to parking lot screening.  That at such time that the existing vegetation within the Mason Farm Road right-of-way is removed or dies, the applicant will install appropriate screening to comply with Section 5.6 of the Land Use Management Ordinance.  The screening plans shall be approval by the Town Manager.

 

10.  Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating significant 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 tree protection fencing be installed along the limits of all land disturbance, associated with paving of the parking lot.

 

11.  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.

 

Stipulations Related To Environmental Issues

 

12.  Impervious Surface Calculation:  That prior to the issuance of a Zoning Compliance Permit the applicant submit accurate impervious surface calculation for existing conditions and proposed improvements.

 

13.  Erosion Control: If the development disturbs more than 20,000 square feet of land area, 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.

 

14.  Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

 

Miscellaneous Stipulations

 

15.  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.

 

16.  As-Built Plans: That as-built plan in DWF 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.

 

17.  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, 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.

 

18.  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.

 

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

 

20.  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 application for the Chapel Hill Kehillah Park/Ride Terminal in accordance with the plans and conditions listed above.

 

This the 13th day of February, 2006