RESOLUTION A

(STAFF RECOMMENDATION)

 

A RESOLUTION AMENDING AN APPLICATION FOR DEVELOPMENT PLAN MODIFICATION NO. 3 FOR THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL (2007-02-12/R-12a)

 

WHEREAS, the Chapel Hill Town Council enacted a new zoning district on July 2, 2001, and adopted  amendments in June 2005, to address the need to allow for growth while mitigating impacts, and applied this zoning district to the University’s Main Campus; and

 

WHEREAS, on June 25, 2003, August 26, 2003, and June 14, 2004, after reviewing Development Plan Modification No. 1 and No. 2 materials submitted by the University, the Town approved the Development Plan Modification No. 1 and No. 2 applications that map out future campus growth and addresses mitigation of impacts; and

 

WHEREAS, the University submitted a Development Plan Modification No. 3 application dated June 8, 2006, and supplemental materials dated September 1, 2006, September 13, 2006, and the Traffic Impact Analysis addendum dated October 2006, seeking to amend the Development Plan; and

 

WHEREAS, on December 4, 2006, after having reviewed material submitted by the University to amend the Development Plan, the Town Council approved a portion of the Development Plan Modification No. 3 application with conditions and continued the December 4, 2006 hearing until February 12, 2007, for consideration of a proposal to expand the Carolina Inn; and

 

WHEREAS, further evidence has been submitted pertaining to this project at the continued Public Hearing on February 12, 2007;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that development proposed by the Development Plan Modification No. 3 application of the University of North Carolina at Chapel Hill, for property identified as parts of Chapel Hill Township Tax Maps numbered 71, 73, 74, 86, and 87, if developed according to the Development Plan Modification No. 3 dated June 8, 2006, and supplemental information dated September 1, 2006, September 13, 2006, the Traffic Impact Analysis addendum dated October 2006, and the evidence concerning the Carolina Inn provided in the correspondence from the University dated January 29, 2007, would:

 

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

 

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

 

3.       Comply with all required regulations and standards of this Chapter, including all applicable provisions of Article 2 and with all other applicable regulations; and

 

4.       Conform with the general plans for the physical development of the Town as embodied in this Chapter and in the Comprehensive Plan.

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the additional adjustments to the Development Plan Modification No. 3 to provide for an addition the Carolina Inn, in accordance with the plans listed above and with the conditions listed below:

 

General Stipulations

 

1.      Relationship to 2001, 2003, 2004 and 2006 Development Plans: This approval modifies the terms of the University of North Carolina at Chapel Hill Development Plans approved by the Town Council on October 3, 2001, June 25, 2003, August 26, 2003, June 14, 2004, and December 2006.  Except as specifically authorized or modified by this document, the terms and conditions of the Development Plan Resolutions as adopted by the Council on October 3, 2001, June 25, 2003, August 26, 2003, June 14, 2004 and December 4, 2006 remain in effect.

 

2.      Level of Development:  This Development Plan Modification No. 3 approval represents preliminary authorization for demolition and construction of facilities as shown on Map 2 from the Development Plan Modification No. 3, dated September 1, 2006.  Additional information is included in the Table 4, dated September 13, 2006. 

 

3.      Land Use:  Unless otherwise modified by conditions herewith, this Development Plan Modification No. 3 authorizes the following:

 

  1. As shown on Map 2, dated September 1, 2006:

 

1.      Construction of a 15,000 square foot addition to a cultural building C-6 Mod.

 

  1. Pedestrian improvements as shown on Map 3, dated June 8, 2006.

 

  1. Pervious and impervious surface areas as shown on Map 4, dated June 8, 2006.

 

  1. Utility corridor development as shown on Map 5, dated June 8, 2006.

 

  1. Area and parking space calculations for the following list of structures as shown by Table 4 – The University of North Carolina at Chapel Hill Development Plan – Modification No. 3 Area Calculations for Proposed Buildings dated September 13, 2006.

ˇ         Cultural building C-6;

 

4.      Land Use Intensities:  Land Use Intensities, authorized by the June 8, 2006 and September 1, 2006  Development Plan Modification No. 3, are modified as specified below:

 

Land Use Intensity

Development Plan Modification No. 3

Cultural floor area

+ 15,000 sq ft

 

5.      Consistency of Site Development Permit Application with Development Plan Modification No. 3:  No application for a Site Development Permit for land use authorized by this permit within the boundary of this Development Plan Modification No. 3, as shown on Map 2, dated September 1, 2006, shall be approved unless such application is consistent with the Council-approved Development Plan Modification No. 3.  Consistent does not mean identical; building footprints and landscaped areas shown on the Council approved Development Plan Modification No. 3, except as otherwise noted below for certain Perimeter Transition Areas, shall be considered to indicate approximate size and location.

 

6.      Interpretation of - Map 4: Map 4, dated June 8, 2006, shall be considered to indicate, approximately, areas of pervious and impervious surface that will exist within the area covered by this Development Plan Modification No. 3 after full development has been completed.  Except for incidental paving for walkways and fire lanes, areas shown as “Forest” and “Cleared Woodlands” will be expected to be pervious surface after full development, either with existing vegetation left undisturbed or with new vegetation planted and maintained, unless further specified by stipulations below.

 

Stipulations Related to Site Development Permits

 

7.      C-6 Carolina Inn Expansion:  That the submittal of a Site Development Permit for the addition to the Carolina Inn shall include verification that the proposed addition was reviewed and approved by the Chapel Hill Historic District Commission. 

 

8.      Construction Traffic Routing Map: That the submittal of a Site Development Plan shall include a construction traffic routing map that identifies the local street network that will be impacted by construction traffic associated with this proposed addition.  That the routing plan minimizes, and where practical, prohibits construction traffic on local streets. That the plan also provide for the safe and continued use of bicycle and pedestrian corridors during construction.

 

9.      Construction Management Plan: That in addition to the current Site Development Permit application requirements for the submission of a Construction Management Plan, each application for a Site Development Permit for those projects approved by this Development Permit Application  shall include the following:

 

a)      Construction Management Plan Enforcement:  That each Construction Management Plan shall describe how the University will enforce the requirements of the Construction Management Plan.  In particular, the plan must describe how the University intends to enforce and ensure that pedestrian and bicycle corridors will remain open and safe during construction periods.  

 

b)      Construction Management Contact Information: That each construction site will include visible signage listing a telephone number and a University representative available to answer questions and respond to concerns about pedestrian safety and security.  A detail of the proposed sign, including number of signs and general locations, shall be submitted with each Site Development Permit application.

 

10.  Pedestrian Management Plan:  That in addition to the current Site Development Permit application requirements for the submission of a Pedestrian Management Plan, each application for a Site Development Permit for those projects approved by this Development Permit application shall include the following:

 

a)      Pedestrian Safety: Detailed information on how the Pedestrian Management Plan will provide for the safe and continued use of bicycle and pedestrian corridors during construction.   

 

b)      Pedestrian Security: Detailed information on pedestrian security measures including the placement of security phones and lighting.  The plan shall also include additional information on security for pedestrian bridges during evening hours.

 

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

 

12.  Severability:  If any of the above conditions is held to be invalid by a court of competent jurisdiction, all other conditions shall remain valid and this approval shall remain intact.

 

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Development Plan Modification No. 3 by the University of North Carolina at Chapel Hill.

 

This the 12 day of February, 2007.