RESOLUTION A

RESOLUTION A

(Manager Revised Recommendation)

(Approving Application)

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE CASTALIA AT MEADOWMONT (FILE NO. 52..384; PIN 9798-54-6749) (2006-09-11/R-14a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application for the Castalia at Meadowmont, proposed by the Castalia Group, LLC, on property identified as Chapel Hill Tax Map 52, Lot 384, PIN 9798-54-6749, if developed according to the plans dated April 1, 2005 (revised September 9, 2005, February 6, 2006, March 30, 2006, and June 13, 2006), the Meadowmont Master Land Use Plan, as revised on September 11, 2006, and the conditions listed below, would:

1. Comply with all required regulations and standards of the Land Use Management Ordinance, including all applicable provisions, and with all other applicable regulations, with the modifications listed below.

BE IT FURTHER RESOLVED that these findings are conditioned on the following:

Stipulations Specific to the Development

1. That construction begin by September 11, 2008 (two years from approval date) and be completed by September 11, 2009 (three years from approval date).

2. Land Use Intensity: This Special Use Permit authorizes office-type business, and residential use and land use intensity requirements as specified below:

Net Land Area	182,952 sq ft
Maximum Floor Area	76,000 sq ft
Maximum Office-Type Floor Area	52,000 sq ft
Maximum Residential Floor Area	24,000 sq ft
Maximum Residential Units	10 units
Maximum Impervious Surface Area	132,832 sq ft
Maximum # of Parking Spaces	177 spaces
Minimum # of Bicycle Spaces	28

3. Meadowmont Master Land Use Modification Permit: That the submission of the final plan application shall include certified copies of the recorded Meadowmont Master Land Use Plan Modification Permit. Said Master Land Use Plan Modification shall authorize the following for the Castalia at Meadowmont site:

· A maximum Floor Area of 76,000 square feet including 52,000 square feet of office floor area and 24,000 square feet of residential floor area; and

· A maximum of 11 dwelling units.

4. Land Use Intensity and Impervious Surface Calculations: That the applicant provides calculations confirming Meadowmont’s overall compliance with Land Use Intensity Ratios and Impervious Surface Limits.

5. Intensity Standards: That at least 60 percent but not more than 85 percent of the floor area for this project shall be devoted to general-office type use as required by the Mixed Use Residential-1 (MU R-1) zoning district.

6. Schools Adequate Public Facilities Ordinance: That the applicant provide the necessary Certificate of Adequacy of Public Schools prior to the issuance of a Zoning Compliance Permit.

Affordable Housing Stipulations

7. Provision of Affordable Housing: That the applicant shall provide a payment-in-lieu for $112,500 to the Town’s Revolving Acquisition Fund prior to issuance of the Zoning Compliance Permit.

Stipulations Related to Transportation

8. Sidewalks: That a sidewalk be extended from both vehicle entrances on West Barbee Chapel Road to the building.

9. Pedestrian Connection: That the applicant provide a pedestrian connection between the rear of the building and West Barbee Chapel Road as close as possible to the eastern property boundary while taking account of stormwater and buffer requirements subject to Town Manager review and approval.

10. Bicycle Racks: That a minimum of 28 bicycle parking spaces are provided. The bicycle spaces shall comply with the Town’s Class I and Class II Design Manual standards.

11. Parking Spaces: That the number of parking spaces be limited to 177 parking spaces.

12. Parking Lot Design: That all parking lots shall be designed and constructed to meet Town standard unless an alternative design is approved by the Town Manager.

13. Parking Lot Materials: That the design of the parking areas shall incorporate porous pavement for the parking areas. That the percentage of parking surface area constructed with porous pavement shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

14. Parking Lot Lighting: That all parking lot lighting shall be designed to use low dispersion lighting technology, where possible, in a manner that seeks to have zero light dispersion off the property. That the final lighting plan shall be certified by a Professional Engineer with demonstrable expertise in lighting design and mitigation strategies. That the plan shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

15. Pavement Markings: That all pavement markings be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

16. Cross-Access Vehicular and Pedestrian Easement: That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide a recorded vehicular/pedestrian cross-access and construction easement for use by the adjacent property owners to the south. The easement shall be approved by the Town Manager prior to recordation.

17. Sight Distance on West Barbee Chapel Road: Prior to the issuance of a Zoning Compliance Permit the Town Manger shall approve a sight distance plan for the two proposed driveways. That upon reviewing sight distance conditions along West Barbee Chapel Road, and if determined necessary by the Town Manager, existing street trees along West Barbee Chapel Road may be removed.

18. ADA Sidewalk Ramp: That an ADA sidewalk ramp on the opposite side of West Barbee Chapel Road to the southern driveway be constructed and provide a marked crosswalk between the ramp and the driveway subject to Town Manager review and approval.

19. Bus Stop and Shelter: That prior to the issuance of a Zoning Compliance Permit the applicant either install or provide a payment-in-lieu for a bus stop, pad, bench and shelter. The location for the stop shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

20. Pedestrian Circulation Plan: That a pedestrian circulation plan, indicating pedestrian access and connection to the street, and improved pedestrian access to bus stops, is reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

21. 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; and

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

Stipulations Related to Landscaping and Architectural

22. Preservation of Cedar Tree: That in order to preserve the large cedar tree south of the proposed western entrance drive, the applicant shall provide a revised grading and landscape plan. If in the opinion of the Town Manager, it is determined that the tree can not be preserved, the applicant will replace the tree with a 3-inch caliper shade tree or tree of similar size. The plan shall be approved by the Town Manage prior to the issuance of a Zoning Compliance Permit.

23. Planting of Additional Shade Trees: That for each street tree removed, as a result of providing adequate sight distance, the applicant shall install a 3-inch caliper shade tree on the proposed development. These new shade trees shall be noted on the landscape planting plan and shall be in addition to the landscaping materials proposed with the Special Use Permit application. Tree size, species, and location shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

24. Landscape Plantings: That the planting of trees and shrubs shall exceed the minimum size requirements of the Design Manual, as proposed on the submitted Landscape Plan.

25. Landscaping on Slopes: That for landscape areas in excess of 4:1 slopes, the Landscape Plan shall indicate that the slopes be planted with appropriate ground cover. Turf is not permitted for landscape areas in excess of 4:1 slopes.

26. Parking Lot Screening and Shading: That the parking lot shall comply with the parking lot landscaping, screening and shading requirement in Section 5.9.6 of the Land Use Management Ordinance.

27. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating significant tree stands, specimen and rare trees, detail of protective fencing and construction parking and materials staging/storage areas, and including Town standard landscaping protection notes, shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

28. Landscape Planting and Maintenance Plan: That prior to the issuance of a Zoning Compliance Permit the Town Manager approves a Landscape Planting and Maintenance Plan.

29. Building Elevations/Site Lighting: That detailed building elevations and lighting plans shall be reviewed and approved by the Community Design Commission prior to issuance of a Zoning Compliance Permit.

30. Lighting Plan: That prior to issuance of a Zoning Compliance Permit, the applicant shall submit site plans and other required documents to satisfy the lighting requirements of Section 5.11 of the Land Use Management Ordinance including submission of a lighting plan sealed by a Professional Engineer.

31. LEED Certification: That the applicant is encouraged to pursue design and construction of the building to comply with LEED standards.

Stipulations Related to Environmental

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 indicate compliance with the current stormwater management performance criteria of the Land Use Management Ordinance, including runoff and volume standards. The plans shall also verify the sizing of the drainage collection system onsite.

33. Storm Drainageway Easement: That all stormwater management improvements, outside the public right-of-way, shall be located inside reserve storm drainageway easements, per Town guidelines, to be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

34. 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 issuance of a Zoning Compliance Permit.

35. Stormwater Drainage Pipe: That the proposed stormwater pipe located directly beneath the proposed dumpster pad is relocated to avoid damage by refuse collection vehicles.

36. Steep Slopes Plan: That the Final Plan application shall include map showing slopes of 10% or more, and indicating how the development and construction will comply with the steep slopes regulations in Sections 5.3.2 and 5.3-1 of the Land Use Management Ordinance.

37. 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 be provided, if more than one acre of land is disturbed, in accordance with Section 5-97.1 Bonds 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.

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

Stipulations Related to Refuse and Recycling

40. Refuse and Recycling Shared Agreement: That a shared dumpster agreement be recorded permitting the adjacent property owner to the south to use this refuse and recycling facility.

41. Heavy Duty Pavement: That all drive aisles needed to access refuse containers 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.

42. 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 the issuance of a Zoning Compliance Permit.

That the following notes be included on the final plans prior to issuance of a Zoning Compliance Permit:

a) Any gate design will include gate retainers.

b) The user will be responsible for opening gates to the dumpster area on collection days if any material(s) to be collected from this location.

c) If any vehicles are parked in the refuse or recyclables collection vehicle access area, the containers will not receive service until the next scheduled collection day.

d) That the revised plans label each bulk waste container for type of material to be collected.

e) By Orange County Ordinance, clean wood waste, scrap metal and corrugated cardboard, all present in construction waste, must be recycled.

f) By Orange County Ordinance, all haulers of construction waste must be properly licensed.

g) Prior to any demolition or construction activity on the site the applicant will hold a pre-demolition/pre-construction conference with the County’s Solid Waste staff. This may be the same meeting held with other development officials

Stipulations Related to Utilities and Services

43. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth or GTE, Public Service Company, Time Warner Cable, and other applicable utilities and the Town Manager prior to issuance of a Zoning Compliance Permit.

44. Placement of Utility Lines Underground: That the final plans indicate that all utility lines shall be placed underground.

45. Fire Flow: That a fire flow report, prepared by a registered professional engineer in the State of North Carolina, and showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.

46. Automatic Sprinkler System: That an automatic sprinkler system be installed in the proposed building.

Miscellaneous Stipulations

47. Construction Hours: That the construction hours be limited to between 7:00 am and 7:00 pm weekdays.

48. Ownership and Responsibilities of Common Areas:

a) That an owners’ association be created for the maintenance and regulation of the private (residential, office, park, landscape, and commercial) areas including privately maintained streets and alleys. All property owners owning land within the area of the Master Land Use Plan approval, excluding governmental bodies, shall be represented in the owners’ association. This owners’ association shall have maintenance responsibilities for commonly owned development elements which affect the entire development including the stormwater management facilities.

b) In addition, a separate neighborhood association(s) and/or owners’ association(s) shall be created for the maintenance and regulation of the residential, office, and commercial areas. The documents creating these entities shall be reviewed for approval by the Town Manager, and shall be recorded in the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.

c) The responsibilities of these entities shall include the ownership and maintenance of the private alleys, private green spaces, private parks and recreation space, private retention and detention basins, and the landscape buffers.

d) These entities shall also be responsible for any “add-on fees” charged by Duke Power for special street lighting.

e) These entities shall have the ability to place a lien on property for nonpayment of dues or fees.

f) The Homeowners’ Association documents shall be reviewed and approved by the Town Manager prior to recordation at the Register of Deeds and shall be cross-referenced on the final plat. That prior to the issuance of a Zoning Compliance Permit, the applicant shall submit a copy of the recorded document to the Town.

49. Declaration of Condominium: That the Declaration of Condominium document shall be reviewed and approved by the Town Manager prior to recordation at the Register of Deeds Office. That prior to the issuance of a Zoning Compliance Permit, the applicant shall submit a copy of the recorded document to the Town.

50. 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.

51. Construction Management Plan: That a Construction Management Plan shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The Construction Management Plan shall specify that no construction vehicles serving this site shall use any existing streets outside the Meadowmont Development within the area bounded by Ephesus Church Road, George King Road, NC Highway 54, and Fordham Boulevard.

52. Energy Management: That an Energy Management program, generally consistent with guidelines submitted with the 1995 Meadowmont Master Land Use Plan, and designed to minimize energy consumption be prepared and submitted to the Town Manager as part of final plans prior to issuance of a Zoning Compliance Permit.

53. 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 Development Ordinance and the Design Manual.

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

55. Construction Staging Areas: That prior to the issuance of a Zoning Compliance Permit, the applicant shall identify all construction staging areas, including locations for any temporary construction trailers.

56. 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 Certificate of Occupancy.

57. Certificates of Occupancy: That no Certificates of Occupancy be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.

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 Special Use Permit application for the Castalia at Meadowmont.

This the 11^th day of September, 2006.