1c-3 | Resolution A

ATTACHMENT 3

RESOLUTION A

(Preliminary Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR GREENBRIDGE DEVELOPMENT (FILE NO. 9788-06-5324)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application for Greenbridge Development, as proposed by Greenbridge Developments, LLC, on property identified as Orange County, Property Identifier Numbers 9788-06-5324, 9788-06-6325, 9788-06-6235, 9788-06-6277, 9788-06-6297, 9788-06-7213, and 9788-06-7383, if developed according to the plans dated May 12, 2006 (revised September 21, 2006), and the conditions listed below, would:

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare:

2. 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;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. 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 3.8.4 to modify Transitional Control Intensity regulations regarding setbacks and building height;

2. Modification of Section 3.8-1 to modify maximum primary building height regulations;

3. Modification of Section 3.8-1 to modify minimum building setback regulations; and

4. Modification of Appendix A Definition to modify the definition for Building Envelope.

This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for the Greenbridge development in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. That construction begin by January 27, 2009 (two years from approval date) and be completed by January 27, 2010 (three years from approval date).

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

Net Land Area	54,724 sq ft
Total Maximum Floor Area	216,540 sq ft
Office-Type Business and Convenience/General-Type Business Floor Area Range	20,355 sq. ft. to 38,977 sq. ft.
Residential Floor Area Range	177,563 sq. ft. to 196, 185 sq. ft.
Total Residential Unit Range	90 – 106 units
Minimum Affordable Residential Units	15% of Total Units or 14 to 16 units
Maximum Impervious Surface Area	52,559 sq ft
Maximum Vehicular Parking Spaces	216 spaces
Minimum Bicycle Spaces Required	128 spaces

Affordable Housing Stipulations

3. 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 owners.

c. Marketing of the dwelling unit(s).

d. Setting the rates of the units.

e. Adequate assurances of the time period that the designated units will remain affordable.

f. Adequate assurances that the designated units will remain affordable.

Schools Adequate Public Facilities Ordinance

4. Schools Adequate Public Facilities Ordinance: That the applicant provides the necessary Certificates of Adequacy of Public Schools prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Transportation

5. Right-of-Way Dedication: That the applicant shall dedicate additional right-of-way along West Rosemary Street, North Graham Street and Merritt Mill Road and record a dedication plat, subject to Town Manger approval prior to issuance of a Zoning Compliance Permit. That the additional right of way shall extend to the façade of the building or to a point as determined necessary by the Town Manager.

6. Traffic Signalization Timing/Phasing: That prior to the issuance of a Zoning Compliance Permit the applicant provide a $6,000 payment-in-lieu to the Town for traffic signal timing/phasing plans for the Franklin St/Rosemary St/Main St Corridor.

7. Traffic Signal Upgrade: That prior to the issuance of first Certificate of Occupancy, the applicant upgrade the existing traffic signals at the Graham Street / West Franklin Street and West Franklin Street / Merritt Mill Road intersections. That the improvements include pedestrian signal heads, audible pedestrian signals and a revised phasing plan.

8. Loading/Refuse Area Design: That traffic channelization measures be incorporated into the loading/refuse collection area for pedestrian safety purposes. That the applicant provide details of proposed refuse/loading vehicle circulation patterns, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

9. Parking Lot Exit Ramp Signage: That stops signs and audible warnings be provided at parking lot ramp exits to enhance pedestrian safety. That the design is subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

10. At Grade Driveway Crossings of Sidewalks: That the applicant shall provide driveway crossings at grade with sidewalks on Merritt Mill Road and Graham Street, built to Town standards. That the design is subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

11. Bicycle Parking: That the applicant shall provide a minimum of 128 on-site bicycle parking spaces. The bicycle spaces shall comply with the Town’s Class I and Class II Design Manual standards. That the Town Manager shall review and approved bicycle parking space design and location prior to the issuance of a Zoning Compliance Permit.

12. Parking Deck Design: That the design for the below grade parking facility include an access drive on North Graham Street and an access drive on Merritt Mill Road. That all parking lots shall be designed and constructed to meet Town standards unless an alternative design is approved by the Town Manager.

13. Streetscape Plan: That the applicant shall provide 30-inch curb and gutter as well as 7-foot wide sidewalks, and 5-foot wide amenity strips for a total minimum 12 foot width for sidewalk/amenity strip improvements. Amenity strips shall include street trees and tree grates and decorative lighting on Merritt Mill Road, West Rosemary Street, and North Graham Street frontages of the site. That the plans for streetscape improvements shall be reviewed and approved by Town Manager approval prior to issuance of a Zoning Compliance Permit.

14. Sidewalk Design Standards: That the applicant shall construct pedestrian accessible sidewalks that are a minimum of 7 feet wide, built to Town standards. That the final design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

15. Streetscape Tree Plantings: That the applicant provide structural soil to create tree planting pits in the streetscape, a minimum of 10 feet long, 5 feet wide, and two feet deep. The design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

That the location of street trees, located behind the curb on North Graham Street, shall not conflict with pedestrian access to on-street parking. The final location shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

16. West Rosemary Street Mid-Block Bus Stop: That the applicant shall provide a mid-block bus pull-off (with approximately 5 by 80 foot dimensions), a bus stop shelter, with a solar generated passenger information system and lighting, a bench, and trash receptacle on West Rosemary Street frontage. That the final design and location shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

17. West Rosemary Street Crosswalk: That the applicant provide a signed pedestrian crosswalk, east of the North Graham Street intersection on West Rosemary Street. That the final location and design shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

18. 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 Architecture

19. Recreation Requirements: That the applicant shall provide 7,224 square feet of on-site recreation facilities, according to Section 5.5.2(g) of the Land Use Management Ordinance, design subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

20. Landscape Protection Plan: That the applicant submits a Landscape Protection Plan that identifies the specimen trees proposed for removal. That, in order to protect a 30-inch oak tree, located off-site at the southwest corner, that the applicant installs a chain-link fence around the critical root zone, in lieu of standard tree protection fencing around the southwest corner of the site for this purpose. That the final design and location of the chain link fence shall be reviewed and approved by the Town Manager.

21. 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 including plans for the proposed green roofs, and similar green areas

22. Building Elevations/Site Lighting: 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

23. Leadership in Energy and Environmental Design (LEED) Technologies: That the applicant shall provide certification for all LEED technologies proposed in the Greenbridge Green Technology Matrix that have an implementation probability of 90% or greater. That the applicant shall provide the other items from the green technologies matrix, with lesser implementation probabilities, unless it can be confirmed as not be practicable.

24. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit that the applicant provide detailed stormwater plans and calculations to demonstrate the project will meet the stormwater management requirements of the Land Use Management Ordinance to provide for 85 percent total suspended solids removal, the retention of the stormwater run-off volume for the two year storm, and control of the stormwater runoff rate for the 1-year, 2-year, and 25 year storms.

25. Reserved Storm Drainageway: That all stormwater detention, treatment, and conveyance facilities shall be located within an easement entitled: “Reserved Storm Drainageway.” A storm drainageway shall be reserved from any stormwater management feature that would obstruct or constrict the effective conveyance and control of stormwater from or across the property, for all engineered stormwater structures above and below ground, and for all conveyance systems such as pipes, streams, or ditches if such systems convey, divert, or otherwise manage surface water flowing onto the property/site from off-site areas. The Reserved Storm Drainageway shall be defined on the appropriate final plan sheet(s) and recorded on the final plat. Maintenance access to the Reserved Storm Drainageway must be provided and shown on the plans.

26. Stormwater Operations and Maintenance Plan: That prior to a Zoning Compliance Permit, the applicant shall submit an Operations and Maintenance Plan for the private stormwater infrastructure for approval by the Town Stormwater Engineer. The plan must be signed by the owner and be recorded with the Reserved Drainageway Easement documents at the Registrar of Deeds prior to a Certificate of Occupancy.

27. 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.

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

29. 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

30. Refuse Area Details: That the applicant provide dimensioned details as well as appropriate signage and lighting for the refuse area, design subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

31. Solid Waste Management Plan: That prior to the issuance of a Zoning Compliance Permit, that the Town Manager review and approve a Solid Waste Management Plan, including provisions for private waste and recycling collection, management and minimizing of construction debris, and demolition waste.

32. Private Collection: That prior to the issuance of a Zoning Compliance Permit that the applicant provide a letter from a private service confirming that solid waste disposal and recycling service will be provided for the proposed development or that the Town Manager review and approve refuse facility design for compliance with Town of Chapel Hill and Orange County Solid Waste standards.

Stipulations Related to Utilities and Services

33. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Duke Energy 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.

34. Placement of Utility Lines Underground: That the final plans indicate that all existing and proposed utility lines, including three-phase electric lines, shall be placed underground.

35. 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.

36. Residential Fire Safety Requirements: That occupied floor heights be limited to 90 feet above finished grade unless 1) alternate, protected, egress paths are provided and 2) the building is protected by an automatic sprinkler system, the design subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

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

Miscellaneous Stipulations

38. 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.

39. 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.

40. Construction Management Plan: That a Construction Management Plan, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. That the construction management plan: 1) indicating how construction vehicle traffic will be managed, 2) identify parking areas for on-site construction workers including plans to prohibit parking in residential neighborhoods, 3) indicate construction staging and material storage areas, and 4) identify construction trailers and other associated temporary construction management structures.

41. Traffic and Pedestrian Control Plan: That the applicant provide a Work Zone Traffic Control Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction. The plan must include a pedestrian management plan indicating how pedestrian movements will be safely maintained. That the plan specifies that, at least 5 working days prior to any proposed lane or street closure, the applicant must apply to the Town Manager for a lane or street closure permit. The plan must be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

42. As-built Plans: That certified as-built plans shall be provided for building footprints, parking lots, street improvements, storm drainage systems and stormwater management structures, and all other impervious surfaces, prior to issuance of the Certificate of Occupancy. The as-built plans should be in DXF binary format using State plane coordinates and NAVD 88.

43. 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.

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

45. 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 Greenbridge Development as proposed by Greenbridge Developments, LLC.

This the ______day of _______, 2007.