ATTACHMENT 3
RESOLUTION A
(Preliminary Staff Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR CHAPEL WATCH VILLAGE
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit proposed by Philip Post Associates on property identified as Orange County Parcel Identifier Numbers 9870-87-1493, 9870-87-5224, and 9870-97-1299, if developed according to the site plans dated March 14, 2007 and revised March 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;
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-Housing for the Chapel Watch Village in accordance with the plans listed above and with the conditions listed below:
1. That construction begin by (two years from approval date) and be completed by (five years from approval date).
2. Land Use Intensity:
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|
|
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Gross Land Area |
35 acres |
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Total Maximum Floor Area |
178,725 SF |
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Maximum Residential Units |
120 |
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Affordable Residential Units as a Percentage of Total Residential Units |
15% |
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Minimum Recreation Space |
52,036 SF |
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Maximum Vehicular Parking Spaces |
189 |
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Number of Buildings |
21 |
3. Provision of Affordable Housing: That the developer proposes an Affordable Housing Plan that provides at least 18 units, or 15 percent, of the proposed dwelling units as affordable rental dwelling unit(s). That the applicant submit an Affordable Housing Plan that addresses: 1) the provision of affordable units; 2) the eligibility of owners; 3) the marketing of the units; 4) setting rental rates; 5) the assurance of the time period that units will be affordable; and 6) the assurance that units will remain affordable. That an Affordable Housing Plan be reviewed and approved by the Town Manager, prior to issuance of a Zoning Compliance Permit.
4. Eubanks Road Improvements: That the applicant improve Eubanks Road to half of a 35-foot cross-section with curb & gutter and a 5 foot wide sidewalk along the property frontage. That the applicant dedicate half of a 55 foot wide right-of-way along the frontage.
5. Central driveway and Eubanks Road intersection: That the applicant construct a 100-foot long left turn lane with a standard taper, for westbound vehicles turning into the site, at the full-access intersection across from the Eubanks Road Park and Ride lot.
6. Pedestrian Crossing at Eubanks Road: That the applicant install a painted crosswalk and an advanced pedestrian flashing signal including the necessary advanced warning signs where the proposed Horace Williams greenway trail crosses Eubanks Road at the intersection with the park and ride lot. The design and location of the crosswalk, flashing signal and signs shall be reviewed and approved by the Town Manager and the North Carolina Department of Transportation prior to the issuance of a Zoning Compliance Permit.
7. Traffic Signal Timing: That prior to the issuance of a Zoning Compliance Permit the applicant shall submit a $6,000 payment-in-lieu to the Town to revise the traffic signal timing plans for the seven traffic signals along the Martin Luther King Junior Boulevard corridor between Westminster Drive and Whitfield Road.
8. Connectivity to the Larkspur neighborhood: That the plan include a full-access public street connection between Eubanks Road and the Larkspur neighborhood. This public street shall be constructed to Town standard with a width of 27 feet from back of curb to back of curb, 2.5-foot curb and gutter, including a sidewalk on one side, and with the dedication of a 45-foot public right-of-way for the street.
9. Traffic Calming: That at such time that a full access public street between Eubanks Road and Maywood Way in the Larkspur neighborhood is constructed and open, the applicant shall construct traffic calming devices (near the southern entrance to the Chapel Watch Village project). That the applicant shall also construct traffic calming devices within the Larkspur Subdivision. The location, number and type of traffic calming devices installed shall be subject to the approval of the Town Manager prior to the issuance of a Zoning Compliance Permit. That if full access between the Chapel Watch Village and Larkspur neighborhoods is delayed beyond the issuance of the first Certificate of Occupancy, the Town Manager may require that the applicant provide a payment-in-lieu for future traffic calming devices prior to the issuance of a Zoning Compliance Permit.
10. Street Stub-out: That the applicant provide 45-foot-wide right-of-way for a public street stub-out to the property to the east. That the final location for the stub-out shall be reviewed and approved by the Town Manager.
11. Road Stub-out and Signage: That if the Council approval includes a roadway stub-out that could be extended to an adjoining property in the future, that at such time as the applicant completes construction activity associated with the clearing and grading for the road bed, signage shall be located at each roadway stub-out. That the signage indicates that the roadway may be extended for future development. The size, text, and color of the signs shall be subject to the Town Manager’s approval. That the final plat and final plans include a note stating that future development of the adjoining property may include the extension of the stub-out on the adjacent property.
12. Right-of-Way Dedication: That prior to the issuance of a Zoning Compliance Permit the Town Manager shall review and approve a plat for the dedication of public-right-of-way along Eubanks Road, and for all internal public streets between Eubanks Road and the Larkspur neighborhood. That a mylar and paper copy of the recorded plat shall be submitted to the Town prior to the issuance of a Zoning Compliance Permit.
13. Horace Williams Greenway: That the portion of the greenway that lies within this property be constructed by the applicant.
a. That the bicycle/pedestrian path be 10 feet wide along its entirety, unless otherwise determined by the Town Manager.
b. That the design of the bicycle/pedestrian path minimize land disturbance and if applicable where determined necessary by the Town Manager include a low impact design path. That the final design and location of the bicycle/pedestrian path be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
c. That the bicycle/pedestrian path follow the North Carolina Department of Transportation’s guidelines for design and signage and be constructed to the standards for off-road bicycle trails, as specified in either the American Association of State Highway and Transportation Officials (AASHTO) Guide for the Development of Bicycle Facilities document, or the North Carolina Bicycle Facilities Planning and Design Guidelines which are current at the time of construction, subject to Town Manager approval.
d. That the future maintenance of the bicycle/pedestrian path be the responsibility of the Town.
e. That where feasible the path be provided within a 15-foot-wide public greenway easement. That the easement be recorded at the Orange County Register of Deeds, and be dedicated as an easement in perpetuity to the Town of Chapel Hill. The recorded easement shall include wording that guarantees public pedestrian, non-motorized vehicle, and motorized wheel chair access. The easement must also guarantee the Town of Chapel Hill’s right to construct and maintain the trail, signage, or any other function necessary to guarantee public safety. The recorded easement documents shall also include sketch maps indicating the location of the trail within the easement and nearby points of reference, such as public streets.
f. That the bicycle/pedestrian path be completed prior to issuance of the first Certificate of Occupancy for this development, or as shown on a Phasing Plan, to be approved by the Town Manager.
14. Bicycle Parking: That the applicant comply with the bicycle parking standards in place at such time that the Town Council approves the Special Use Permit.
15. NCDOT Approvals: That plans for improvements to State-maintained roads be approved by NCDOT prior to issuance of a Zoning Compliance Permit.
16. Required Buffers: That the following landscape buffers be provided. That the buffers shall be located on land owned and controlled by a Homeowners’ Association,
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Location |
Ordinance Requirement |
Proposed Buffers |
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North – Eubanks Road |
30’ Type ‘D’ Buffer |
30’ Type ‘D’ Buffer |
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South – Larkspur neighborhood East – residential |
10’ Type ‘B’ Buffer |
10’ Type ‘B’ Buffer |
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West – railroad corridor |
20’ Type ‘C’ Buffer |
20’ Type ‘C’ Buffer |
17. Alternate Buffer: That the applicant obtains approval of an alternate buffer from the Community Design Commission, for the portion of the Eubanks Road buffer in the northwest corner of the site that does not meet the minimum 30-foot Type D buffer requirements.
18. Buffer Along Eastern Boundary: That the applicant provide the Type “B” buffer along the eastern boundary of the site, with specific plantings included from “Planting Detail for Eastern Boundary Buffer.”
19. Duke Energy Easement along Eubanks Road: That the buffer area adjacent to the Duke Energy easement along Eubanks Road be clearly designated and, that in all locations the buffer width include a minimum of 30’ of width outside the power easement. That all existing, proposed and relocated utilities shall be shown on the final plans including easements associated with proposed relocated overhead utilities. That the new easement, associated with the relocated lines, shall include 15’ of clearance either side of the utility line, even if the poles are proposed on or near the right-of-way line.
20. Landscape Protection Plan: That a detailed Landscape Protection Plan shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. The plan shall clearly indicate 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, chain linked fencing and construction parking and materials staging/storage areas. That the plans include the location of tree protection fencing and chain link fencing where determined necessary by the Town Manager. That the plan shall include Town standard landscaping protection notes.
21. Landscape Plan and Landscape Maintenance Plan: That a detailed Landscape Plan and 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.
22. Community Design Commission Approval: That prior to the issuance of a Zoning Compliance Permit the Community Design Commission shall approve: 1) Building elevations, including the location and screening of all HVAC/Air Handling Units; and 2) A lighting plan to ensure that the proposed lighting plan will minimize a) upward light pollution; and b) offsite spillage of light.
23. Required Recreation Space: That the applicant shall provide 52,036 square feet of recreation space. That the recreation space associated with the pool, clubhouse, play area, and one half of the area of the public paved greenway trail/easement shall be considered suitable recreation space. That if the full amount cannot be provided with the uses listed above, the applicant provide a payment-in-lieu of providing the remaining area required. The payment amount shall be reviewed and approved by the Town Manager in accordance with the Land Use Management Ordinance, Section 5.5.2. The recreation payment amount shall be submitted to the Town prior to issuance of a Zoning Compliance Permit.
24. Level spreader and filter strip: That the filter strip length (measured perpendicular to the flow direction) is be a minimum of 100 feet per one acre of drainage area. The filter strip length (measured along the direction of flow) must be a minimum of 50 feet. Additional length is required for slopes greater than 5 percent.
25. Stormwater Facility Prohibited in the Public Right-of-Way: That all detention/retention basins, stormwater facilities and associated infrastructure be located outside of existing or proposed rights-of-way as well as outside of all building setbacks.
26. 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 one-year, two-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 two-year frequency, 24-hour duration storm event. Engineered stormwater facilities shall also remove 85 percent total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.
27. Storm Drainageway Easement: That all stormwater management improvements, outside the public right-of-way, shall be located inside reserved storm drainageway easements and shown on the final plans and final plat, per Town guidelines, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
28. 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.
29. Perennial and Ephemeral Stream Channels: As part of the Stormwater Management Plan, the applicant shall identify perennial and ephemeral stream channels, demonstrate the necessity of land disturbance within these channels, and demonstrate how such disturbance shall be minimized, subject to approval by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
30. Land Disturbance Activity Prohibited in the Resource Conservation District: That the disturbance in the Resource Conservation District be limited to 55,970 square feet, and be limited to land disturbance associated with construction of the street, sidewalks, stormwater facility, and greenway, subject to Town Manager approval.
31. Boundaries: That the boundaries of the Resource Conservation District be indicated on the final plat and plan. A note shall be added to all final plats and final plans, indicating, “Development shall be restricted within the Resource Conservation District in accordance with the Chapel Hill Land Use Management Ordinance.”
32. Construction Standards: That for encroachment(s) into the Resource Conservation District, the requirements and standards of Section 3.6.3(g) of the Land Use Management Ordinance, including minimization of land disturbance, and all other applicable Resource Conservation District regulations must be adhered to.
33. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, and for managing and minimizing construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
34. Solid Waste and Recycling Collection: That the developer contract with a private refuse collection and/or recycling collection service.
That the final plans and all plats associated with the proposed development include a note stating that Town refuse collection services would not be available until the development is annexed into the Town limits
35. Solid Waste Final Plan Details: That final plans shall include dimensioned details as well as appropriate signage and lighting for the refuse area if necessary, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. That final plans shall also include the following notes:
a. By Orange County Ordinance, clean wood waste, scrap metal and corrugated cardboard, all present in construction waste, shall be recycled;
b. By Orange County Ordinance, all haulers of construction waste shall be properly licensed; and
c. 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.
36. Heavy Duty Pavement: That the applicant shall provide heavy-duty pavement for service vehicles across drive aisle access routes to refuse container(s), subject to Town Manager approval.
37. Recycling Specialist: That the applicant shall meet with an Orange County Recycling Specialist to request multi-family type recycling services near the time of occupancy of the facility.
38. Overhead Obstruction/Utility Lines: That the final plans shall include details verifying that no overhead obstruction or utility wires will interfere with service vehicle access or operation.
39. Utility/Lighting Plan Approval: That the final Utility/Lighting Plan shall be approved by Duke Energy Company, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.
40. Utility Line Placement: That except for three-phase electrical distribution lines, 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, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
41. OWASA Easements: That easement documents as required by OWASA and the Town Manager be recorded before final plat approval.
42. Fire Hydrant Location: It is required that all hydrants be shown on Final Plans, subject to the approval of the Town Manager prior to the issuance of a Zoning Compliance Permit.
43. Fire Apparatus Access: All driveway entrances shall be designed to meet the minimum unobstructed turning radii for fire apparatus access.
44. Fire Flow Report: 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, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
45. Wetlands Location: That the applicant submits Final Plans which 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. That prior to issuance of a Zoning Compliance Permit, the development shall meet NC Division of Water Quality 401 and 404 Certification requirements for any proposed wetland and/or stream impacts.
47. 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.
48. Schools Adequate Public Facilities Ordinance: That the applicant provides the necessary Certificate of Adequacy of Public Schools prior to the issuance of a Zoning Compliance Permit.
49. Construction Management Plan: That a Construction Management Plan, 1) indicating how construction vehicle traffic will be managed, 2) identifying parking areas for on-site construction workers including plans to prohibit parking in residential neighborhoods, 3) indicating construction staging and material storage areas, and 4) identifying construction trailers and other associated temporary construction management structures. Such plan shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
50. 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 may have a maximum of 16 square feet of display area and may not exceed six feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.
51. Traffic and Pedestrian Control Plan: That the applicant provides 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 pedestrians 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 five 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.
52. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.
53. Plant Rescue: That the applicant considers conducting a “plant rescue” after the issuance of a Zoning Compliance Permit and prior to start of construction.
54. Erosion Permit: That the applicant provide a copy of the approved erosion and sediment control permit from Orange County Erosion Control Division prior to receiving a Zoning Compliance Permit.
If one (1) acre or more is uncovered by land-disturbing activities for this project, then a performance guarantee in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances shall be required prior to final authorization to begin land-disturbing activities. This financial guarantee is intended to cover the costs of restoration of failed or failing soil erosion and sedimentation controls, and/or to remedy damages resulting from land-disturbing activities, should the responsible party or parties fail to provide prompt and effective remedies acceptable to the Town.
55. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
56. 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 Land Use Management Ordinance and the Design Manual.
57. 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.
58. 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 plans and 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.
59. New Streets - Traffic Signs: That the property owners shall be responsible for placement and maintenance of temporary regulatory signs, including street name signs, before issuance of any Certificates of Occupancy until such time that the street system is accepted for maintenance by the Town.
60. New Street Names and Numbers: That the name of the development and its streets and house/building numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
61. Street Lighting Plan: That a street lighting plan shall be reviewed and approved by Duke Energy and the Town Manager prior to the issuance of a Zoning Compliance Permit. That if the proposed street lighting plan includes non-standard poles and/or fixtures that the plans and the Homeowners’ Association documents indicate that the applicant or Homeowners’ Association shall be responsible for the additional cost as determined by Duke Energy.
62. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
63. 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 for Chapel Watch Village, in accordance with the plans and conditions listed above.
This the______day of__________________, 2007.