ATTACHMENT 3
RESOLUTION A
(Approving the Special Use Permit Application)
Manager’s Preliminary Recommendation
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT, PLANNED DEVELOPMENT-OFFICE AND INSTITUTIONAL, FOR THE NORTH CAROLINA BOTANICAL GARDEN (FILE NUMBER 9799-91-7972)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the North Carolina Botanical Garden Visitor Education Center Special Use Permit, Planned Development-Office and Institutional, proposed by the University of North Carolina in Chapel Hill, on property identified as Orange County Property Identifier Numbers 9788-91-7972; if developed according to the Site Plan, dated December 1, 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;
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 that the Town Council hereby approves the application for a Special Use Permit, Planned Development-Office and Institutional, for the North Carolina Botanical Garden Visitor Education Building in accordance with the plans listed above and with the conditions listed below:
1. Construction Deadline: That construction begins by (two years from the date of approval) and be completed by (ten years from the date of approval).
2. Land Use Intensity: This Special Use Permit approves:
Gross Land Area |
35.59 Acres |
Total Maximum Floor Area |
39,959 sq ft |
Maximum Impervious Surface Area |
147,461 sq ft |
Maximum Vehicular Parking Spaces |
130 spaces |
Minimum Bicycle Spaces |
38 |
3. Laurel Hill Road Sign: That the applicant shall be responsible for posting a sign indicating Laurel Hill Road is for bicycle and pedestrian access, and closed to vehicular traffic except for vehicular use by emergency and service vehicles, Botanical Garden staff, and volunteers. The sign shall be approved by the Town Manager prior to the abandoning the right-of-way.
4. Old Mason Farm Road Improvement: That in order to apply Best Management Practices for storm water management; the applicant’s frontage along Old Mason Farm Road shall include vegetative swales in place of curb and gutter.
5. Old Mason Farm Road Driveway Closure: That a note be placed on the plans indicating that the existing driveway location shall be closed at such time that the new relocated driveway is fully functional.
6. Old Mason Farm Road Pedestrian and Bicycle Path: That the applicant owns, maintains, and constructs a 10-foot wide public pedestrian and bicycle path from the NCDOT right-of-way at the intersection of Old Mason Farm Road and Fordham Boulevard to the UNC electrical substation property. That if practical, the path is constructed a) within the area associated with the proposed OWASA sewer and reclaimed water line project; and b) is located outside of the Old Mason Farm Road right-of-way.
7. Pedestrian and Bicycle Path Design: That the final design (including surface finish), location, and maintenance plan of the path be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
8. Parking Lot Design and Construction: That the parking lot be constructed to Town standard dimensions for parking spaces and drive aisles and that the final plans for the parking spaces and drive aisles include scaled dimensions. That the performance criteria for the porous concrete pavers (“Eco-Pave”) for the drive aisles be submitted to the Town Manager for approval prior to issuance of a Zoning Compliance Permit.
9. Removal of Laurel Hill Road Asphalt: That the Laurel Hill Road pavement be removed prior to or at the same time as the extension of the sound wall along Fordham Boulevard and the asphalt be recycled or reused on the site.
10. Engineering Construction Permit: That an Engineering Construction Permit shall be provided for all work in the Laurel Hill Road, Old Mason Farm, and Manning Drive rights-of-way.
11. North Carolina Department of Transportation Encroachment Agreement: That an Encroachment Agreement shall be required from NCDOT for all work in the Old Mason Farm Road and Fordham Boulevard rights-of-way.
12. Bicycle Parking: That a total of 38 bicycle parking spaces be provided on-site including 8 Class I and 30 Class II spaces. That the spaces comply with the Class I and Class II parking standards in the Design Manual and be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
13. Bicycle Locations and Rack Detail: That the location of the bicycle parking be labeled on the plans and a detail of an inverted “U” type rack be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
14. Transportation Management Plan: That prior to issuance of a Zoning Compliance Permit, the applicant prepare, for approval by the Town Manager, a Transportation Management Plan. 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;
f. Traffic demand strategies for employees and residents of the site including items such as car sharing vehicles or posted transit information; and
g. Other measures subject to approval by the Town Manager.
Stipulations Related to Landscaping and Building Elevations
15. Landscape Buffers: That the following Landscape Buffers be provided and approved by the Town Manager prior to issuance of a Zoning Compliance Permit:
Location |
Required |
|
Fordham Boulevard |
Type “D” 30 wide or alternate buffer |
|
Old Mason Farm Road |
Type “C” 20’ wide or alternate buffer |
|
Electrical Substation |
Type “B” / 10’ wide |
|
Coker Dr, Manning Dr, internal buffers |
Type “C” / 20’ wide |
That the applicant either provide the minimum required buffers along Fordham Boulevard and Old Mason Farm Road or obtain approval for an alternate bufferyard from the Community Design Commission.
16. Parking Lot Planting Strip: That the applicant provides a 5-foot planting strip between the building and all parking facilities in accordance with Section 5.9.6(a) of the Land Use Management Ordinance. That the Town Manager shall approve the planting plan prior to the issuance of a Zoning Compliance Permit.
17. Landscape Buffer at Entryway into Parking Facilities: That the entryway into the parking facility from Old Mason Farm Road shall be bordered by a buffer strip a minimum of eight feet in width and landscaped in accordance with Section 5.9.6(b) of the Land Use Management Ordinance. That the Town Manager shall approve the planting plan prior to issuance of a Zoning Compliance Permit.
18. Parking Lot Shading: That prior to the issuance of a Zoning Compliance Permit the Town Manager shall review and approve a parking lot shading plan in accordance with Section 5.9.6(d) of the Land Use Management Ordinance.
19. Landscape Protection Plan: That 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 including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. That the plan shall provide tree protection fencing for all land disturbances proposed off-site including the island near the parking lot entrance.
20. Significant Tree Stands: That the Landscape Protection Plan identify areas of significant tree stands or areas of contiguous wooded areas greater the 1,000 square feet with a continuous canopy exceeding thirty (30) feet in height and where over 50% of the trees with a DBH over six (6) inches are hardwoods; or as determined by the Town Manager of areas indicative of a significant evolving Piedmont forest as approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
21. Sound Wall Barrier Extension: That the existing Sound Wall be extended across the portion of Laurel Hill Road intersection with Fordham Boulevard and extended around the Old Mason Farm Road intersection, within the rights-of-way, for approximately 55 feet.
22. Alternate Buffer: That the Community Design Commission shall approve all proposed alternate buffer prior to issuance of a Zoning Compliance Permit.
23. 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.
24. 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 the Environment
25. 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.
26. Storm Drainageway Improvements: That all stormwater management improvements, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
27. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. The plan shall 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.
28. Erosion Control: That an approved Erosion Control Plan from the State of North Carolina for the site be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit.
29. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
30. Overhead Power Lines: That all proposed or relocated utility lines, except for three phase electrical distribution lines, must be located underground.
31. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Energy Company, Time Warner Cable, Public Service Company, BellSouth or GTE, and the Town Manager before issuance of a Zoning Compliance Permit. The property owner shall be responsible for assuring that these utilities are extended to serve the development.
Stipulations Related to State and Federal Approvals
32. State or Federal Approvals: That any required State or federal permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.
33. NCDOT Approvals: That plans for improvements to State-maintained roads be approved by NCDOT prior to issuance of a Zoning Compliance Permit for the subject phase of development.
Fire Safety Stipulations
34. Fire Access Road: That Laurel Hill Road is a fire access road and a 20-foot width must be maintained up to the point of the new Visitor Education Building.
35. Aerial Fire Apparatus Access: That the Visitor Education Building provide a 26-foot wide access up to the building and that a 26-foot turning radius from Laurel Hill Road to the Visitor Education Building be provided with plans approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
36. Emergency Access Drive Aisle Width: That drive aisles be a minimum of 20 feet wide for emergency access and be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
37. Fire Hydrant and FDC Locations: That the new fire hydrant location and FDC connections be shown on the plans and approve by the Town Manager prior to issuance of a Zoning Compliance Permit.
38. Fire Hydrant Access during Construction: That fire hydrant access during the construction phase be maintained and that plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
39. Fire Flow Report: That a fire flow report that meets Town standards, sealed by an engineer registered in the State of North Carolina, be provided for review and approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
40. Fire Hydrant Accessibility: That all structures must be located within 500 feet of a fire hydrant. That the applicant maintains a 50-foot maximum distance between fire hydrants and fire department connections, in a clearly visible and accessible location on the street side of buildings.
Miscellaneous Stipulations
41. Construction Management Plan: That a Construction Management Plan, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The construction management plan shall: 1) indicate 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.
42. 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, including pedestrian using the existing transit system, will be safely maintained. The plan must be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. 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.
43. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information prior to issuance of a Zoning Compliance Permit. That a detail of the sign must be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
44. 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 before issuance of a Zoning Compliance Permit, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable regulations and the design standards of the Land Use Management Ordinance and the Design Manual.
45. Occupancy and Phasing Plans: That no new buildings shall be occupied until all required public improvements are complete; and that a note to this effect shall be placed on the final plans. If the Town Manager approves a phasing plan, no building within a phase shall be occupied until all required public improvements for that phase are complete.
46. New Street Numbers: That any new building address/numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
47. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
48. 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 that the Council hereby approves the Special Use Permit, Planned Development-Office and Institutional, for the North Carolina Botanical Garden Visitor Education Center.
This the _____ day of ___________, 2007.