ATTACHMENT 4
RESOLUTION B
(Preliminary Staff Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR RESIDENCES AT CHAPEL HILL NORTH SHOPPING CENTER
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Radway Design Associates for The Residences at Chapel Hill North on property identified as part of Orange County Tax Map 45, Block C, Lot 3 (PIN 9799-25-5527) if developed according to the site plans dated April 19, 2006, revised August 4, 2006, 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 for Residences at Chapel Hill North Shopping Center in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin by (two years from approval date) and be completed by (three years from approval date).
2. Land Use Intensity: This Special Use Permit authorizes a multi-family development and the land use intensity requirements and dimensional standards as specified below:
|
Land Use Intensity |
|
|
Net Land Area |
513,442 s.f. |
|
Maximum # of Dwelling Units |
123 |
|
Maximum Floor Area |
200,880 s.f. |
|
Maximum Impervious Surface Area |
229,361 s.f. |
|
Maximum # of Parking Spaces |
242 |
|
Minimum # of Bicycle Spaces |
147 (90% Class I and 10% Class II) |
3. Mixed-Use Provisions: That the development shall comply with the Mixed Use Provisions in Section 3.5.1 of the Land Use Management Ordinance.
4. Provision of Affordable Housing: that the developer propose an Affordable Housing Plan that addresses the following items, for approval by the Town Manager prior to issuance of a Zoning Compliance Permit:
a. Provision of 15% of the proposed dwelling units as affordable dwelling unit(s) available to low and moderate income households with annual income at or below 80 percent of the area median income.
b. The determination of eligibility of the renters or owners.
c. Marketing of the dwelling unit(s).
d. If rental, the determination of the rental rate.
e. Adequate assurances that the designated units will remain affordable as rental units for _____ years.
f. Adequate assurances that the designated units, if converted to owner-occupied properties during this time period, continue to be used for affordable housing purposes for the remainder of this period.
5. Schools Adequate Public Facilities Ordinance: That the applicant shall provide the necessary Certificates of Adequacy of Public Schools, prior to the issuance of a Zoning Compliance Permit.
6. Right-Turn Lane NC 86 into Perkins Drive: That if adequate right-of-way is available, the applicant shall provide a right-turn lane on the north-bound side of Martin Luther King, Jr. Boulevard (NC 86), to provide for exclusive right turn movements into Perkins Drive, prior to a Certificate of Occupancy. If a right-turn lane is constructed, the applicant shall pay to redesign the existing traffic signal to accommodate the right-turn lane. The design and construction details of the right-turn lane and traffic signal shall be reviewed and approved by the Town Manager and North Carolina Department of Transportation, prior to the issuance of a Zoning Compliance Permit.
7. Old University Station Road Connection: That subject to approval by Duke Energy, the applicant shall provide a vehicular connection, in the southeast portion of the site, to Old University Station Road. That this improvement shall be built to Town standard including a 27-foot wide cross-section with 30-inch curb and gutter, 5-foot wide sidewalks, handicapped ramps, and a crosswalk. That the final plans shall be reviewed and approved by Duke Energy and the Town Manager, prior to issuance of a Zoning Compliance Permit.
8. Traffic Calming Devices: That the applicant shall provide several traffic calming devices, such as speed tables, particularly at cross-walks on the drive aisle through the site, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
9. Signal Retiming: That the applicant shall provide an $8,000 payment to the Town for traffic signal retiming on the Martin Luther King Jr Blvd. and Weaver Dairy Road corridors, prior to the issuance of a Zoning Compliance Permit.
10. Perkins Drive Vehicular Connection: That the applicant provide a vehicular connection to Perkins Drive, with a 27-foot cross section, 5-foot sidewalks on both sides, and curb and gutter, subject to Town Manager approval, prior to the issuance of a Zoning Compliance Permit.
11. Vehicular Stub out to East: That the applicant shall provide a vehicular stub-out for a future connection to the property to the east. The stub-out shall be constructed to Town standard with a 27-foot wide cross-section, back of curb to back of curb, and a 5-foot wide sidewalk on the southern side of the driveway. The location and design shall be subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
12. Stub-out signage: That prior to the issuance of a the first Certificate of Occupancy, the applicant shall install a sign at the end of the proposed stub-out to the east stating “Road Subject to Future Extension.”
13. Vehicular Parking: That the applicant shall provide a minimum of 242 vehicular parking spaces, including 12 handicapped parking spaces, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.
14. Bicycle Parking: That the applicant shall provide 144 bicycle parking spaces with the appropriate ratio of Class I (90%) and Class II (10%) bicycle parking spaces, as required by Section 4.11 of the Chapel Hill Design Manual. Garages and secure indoor areas can be substituted for Class I bicycle parking spaces. The applicant shall provide inverted-U-type bicycle racks for the Class II bicycle parking, covered and well-lighted, in several locations on the site. The Class II parking spaces shall be inverted-U-type bicycle racks in well-lighted, in several locations on the site. Bicycle parking facilities are subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.
15. Pedestrian Crosswalk on Perkins Drive at MLK Jr. Boulevard: That the applicant shall provide a cross-walk, on Perkins Drive at the intersection of Martin Luther King, Jr. Boulevard, subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.
16. Pedestrian Crosswalk on MLK Jr. Boulevard at Perkins Drive: That the applicant shall provide a cross-walk, with pedestrian signals, on Martin Luther King, Jr. Boulevard at the intersection of Perkins Drive, subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.
17. Sidewalk on East Side of Perkins Drive: That if adequate right-of-way is available, the applicant shall provide a 5-foot wide sidewalk, along the eastern side of Perkins Drive, from the entranceway to the site to Weaver Dairy Road, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
18. Sidewalk on Western Segment of Old University Station Road: That the applicant shall provide a 5-foot wide sidewalk, along the western side of Old University Station Road, connecting to the existing sidewalk, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
19. Handicapped Ramps and Crosswalk: that the applicant shall provide a handicapped ramp and pedestrian cross-walk at the intersection of Perkins Drive and Weaver Dairy Road, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
20. Southern Pedestrian Trail: That the applicant shall construct a 10-foot wide pedestrian trial traversing the site, in the Duke Energy easement built to AASHTO, ADA, and Town standards, with grades no greater than 5% and designed to support the weight of a vehicle, subject to the location and design being reviewed and approved by Duke Energy and Town Manager, prior to the issuance of a Zoning Compliance Permit.
21. Recordation of Southern Pedestrian Easement: That the applicant shall grant a 15 to 20-foot wide public access easement to the Town, to accommodate the recommended greenway trail, that provides public access to build and maintain trails and that the following users be entitled to use the public recreation area: pedestrians, users of non-motorized vehicles, and motorized wheelchairs. That the easement shall be approved by Duke Energy and the Town Manager and recorded, prior to issuance of the Zoning Compliance.
22. Recordation of Northern Pedestrian Easement: That the applicant shall grant a 30-foot wide pedestrian access easement inside the landscape buffer along the northern boundary of the site, running the width of the property, that provides public access to build and maintain trails and that the following users are entitled to use the public recreation area: pedestrians, users of non-motorized vehicles, and motorized wheelchairs. We recommend that the easement be approved by the Town Manager and recorded, prior to issuance of the Zoning Compliance.
23. Parking Lot Standards: That all parking lots, drive aisles and parking spaces shall be designed to Town standards, subject to Town Manager approval, prior to the issuance of a Zoning Compliance Permit.
24. Payment-in-Lieu of Bus stop Improvements: That the applicant shall provide a payment in-lieu, not to exceed $10,000, for a bus stop shelter and associated improvements in a location to be determined near the development site, including a concrete pad, shelter, transit information system, bench, and trash can. The bus stop design and payment-in-lieu amount shall be determined by the Town Manager, prior to issuance of a Zoning Compliance Permit. That the payment-in-lieu shall be provided, prior to issuance of a Zoning Compliance Permit. The payment will be returned upon request from the applicant if the improvements are not made within 5 years of the issuance of the final Certificate of Occupancy.
25. NCDOT Encroachment Agreement Approval: That the applicant shall provide an encroachment agreement, approved by the North Carolina Department of Transportation (NCDOT), for any work proposed in the NCDOT right-of-way, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
26. Town of Chapel Hill Approval: That the applicant shall obtain Town approval for any work proposed in the Town right-of-way, prior to issuance of a Zoning Compliance Permit.
27. Recreational Space Requirements: That the applicant shall provide a total of approximately 57,748 square feet of recreation space, including a swimming pool, clubhouse, greenway trail, basketball court, tot lot, and courtyard play areas, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
Stipulations Related to Landscaping and Architectural Issues
28. 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:
|
Landscape Location |
Required Buffers |
|
Northern Boundary (Adjacent to I-40 corridor) |
100’ Type ‘E’ External Buffer |
|
Eastern Boundary |
20’ Type ‘C’ External Buffer |
|
Southern Boundary (Duke Energy Easement.) |
Alternative Variable Width (18’–30’) Type ‘C’ Internal Buffer |
|
Western Boundary (Adjacent to Chapel Hill North Shopping Ctr.) |
Alternative Variable Width (5’-20’) Type ‘C’ Internal Buffer |
29. Northern Boundary Landscape Buffer: That the applicant shall provide a 100-foot wide type “E” external landscape buffer along the northern property line, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.
30. Eastern Boundary Landscape Buffer: That the applicant shall provide a 20-foot wide type “C” internal landscape buffer along the eastern property line, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
31. Southern Boundary Landscape Buffer: That the applicant shall provide an alternative, variable width, 18 to 30-foot wide type “C” internal landscape buffer along the southern property line, subject to alternative landscape buffer approval by the Community Design Commission, prior to issuance of a Zoning Compliance Permit. That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide a copy of the landscape easement document fro Duke Energy for the portion of the buffer located within the Duke Energy easement.
32. Western Boundary Landscape Buffer: That the applicant provide an alternative, variable width, 5 to 20-foot wide type “C” internal landscape buffer along the western property line, subject to alternative landscape buffer approval by the Community Design Commission, prior to issuance of a Zoning Compliance Permit.
33. Landscape Protection Plan: That the applicant shall provide 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 Town standard landscaping protection notes, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
34. Building Planting Strips: That the applicant provide a 5-foot wide planting strip around the buildings, according to Section 5.9.6(a) of the Land Use Management Ordinance, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
35. Parking Lot Landscape 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 landscape screening plans, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
36. Parking Lot Shading Plan: That the applicant shall provide a parking lot shading plan in accordance with Section 5.9.6(d) of the Land Use Management Ordinance, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
37. 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.
38. Building Elevations: That the Community Design Commission shall 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.
39. Lighting Plan: That the Community Design Commission shall approve a lighting plan for this site and 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, prior to issuance of a Zoning Compliance Permit.
Stipulations Related to Environmental Issues
40. 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.
41. 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.
42. 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.
43. Wetlands Location: That the applicant shall submit Final Plans that show the location of State or federally regulated wetlands on the site. That any proposed disturbance of wetlands shall demonstrate compliance with applicable State and federal regulations, subject to Town Manager approval, prior to the issuance of a Zoning Compliance Permit.
44. 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.
45. 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.
46. 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
47. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for private waste and recycling collection, and for managing and minimizing construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
48. 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:
a. Prior to any demolition or construction activity on site the applicant shall 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.
b. Any gate design shall include gate retainers;
c. By Orange County Ordinance, clean wood waste, scrap metal and corrugated cardboard, all present in construction waste, shall be recycled; and
d. By Orange County Ordinance, all haulers of construction waste shall be properly licensed.
49. Recycling Containers: That the applicant shall provide 27 rolling recycling roll-carts (9 carts per every 40 residential units), or provide comparable private service to that provided by Orange County Solid Waste, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
50. Utility/Lighting Plan Approval: That the final Utility/Lighting Plan shall be approved by Duke Energy, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable, subject to Town Manager approval, 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, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
52. Automatic Sprinkler System: That the applicant shall comply with automatic sprinkler system requirements in Section 7-50 of the Town Code of Ordinances, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
53. 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, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
54. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle traffic will be managed, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
55. Traffic and Pedestrian Control Plan: That a Traffic Management and Pedestrian Control 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, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
56. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.
57. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), 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.
58. As-Built Plans: That as-built plans 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.
59. 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.
60. 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 design shall be in accordance with Section 5.14.3(g) of the Land Use Management Ordinance. The sign design is subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
61. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
62. 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 Residences at Chapel Hill North, as proposed by Radway Design Associates, in accordance with the plans and conditions listed above.
This the______day of__________________, 2006.