ATTACHMENT 3
RESOLUTION A
(Approving the Special Use Permit Application)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT PLANNED DEVELOPMENT-HOUSING FOR THE HOMESTEAD TWIN TOWNS
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Planned Development-Housing application proposed by the Capkov Ventures, Inc., on property identified as Orange County Parcel Identifier Numbers 9870-52-9175; 9870-61-8194; a portion of 9870-61-8593; a portion of 9870-70-1770; and 9870-71-3197; if developed according to the site plans dated April 27, 2005 and revised December 13, 2006 would:
BE IT FURTHER RESOLVED by the Town Council of Chapel Hill that it finds, in this particular case, that the following modification satisfies public purposes to an equivalent or greater degree:
This finding is based on a determination that public purposes are satisfied to an equivalent of greater degree in order to provide consistency of regulations.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Planned Development-Housing for the Homestead Twin Towns 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:
|
Homestead Road and Rogers Road Sites |
|
|
Gross Land Area |
22.52 Acres |
|
Total Maximum Floor Area (Homestead site only) |
160,461 sq. ft. |
|
Maximum Residential Units |
74 units* |
|
Affordable Residential Units as a Percentage of Total Residential Units |
20.2% |
|
Minimum Recreation Space |
37,668 sq. ft. |
|
Maximum Impervious Surface Area |
158,135 sq. ft. |
|
Maximum Vehicular Parking Spaces (Homestead site only) |
139 spaces (including garages) |
|
Number of Buildings (Homestead site only) |
37 |
* total number of units on the Homestead Road site may be reduced in order to minimize land disturbance in the Resource Conservation District and/or in order to design and construct a bulk recycling/refuse collection facility, subject to Town Manager approval.
3. Provision of Affordable Housing: That the developer prepare 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 a minimum of 20 percent 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. That the size and distribution of units be located throughout the development, dispersed among the market units;
c. The determination of eligibility of the owners;
d. Marketing of the dwelling unit(s);
e. Adequate assurances that the designated units will remain affordable in perpetuity; and
f. The pricing of the affordable housing units shall be subject to the approval of the Town Manager.
4. Homestead Road Right-of-way: That the applicant shall dedicate half of a 100-foot right-of-way for the Homestead Road frontage.
5. Homestead Road Improvements: That the applicant shall improve Homestead Road to provide two 12-foot-wide travel lanes plus a 12-foot-wide left turn lane, and 4-foot-wide bicycle lane, curb and gutter, and a five-foot-wide concrete sidewalk to be located a minimum of three feet behind the curb along the site frontage.
6. Homestead Road/Seawell School Road intersection: That the applicant shall upgrade the traffic signal at Homestead Road and Seawell School Road intersection with pedestrian amenities and bicycle-activated loops if approved by the N.C. Department of Transportation, prior to the issuance of first Certificate of Occupancy.
7. Seawell School Road Right-of-way: That the applicant shall dedicate half of a 80-foot right-of-way for the Seawell School Road frontage.
8. Seawell School Road Improvements: That the applicant shall improve Seawell School Road to provide two 12-foot-wide travel lanes plus a 12-foot-wide left turn lane, and four-foot-wide bicycle lane, curb and gutter, and a five-foot-wide concrete sidewalk to be located a minimum of three feet behind the curb along the site frontage.
9. Rogers Road Right-of-way: That the applicant shall dedicate half of a 70-foot right-of-way for the Rogers Road frontage.
10. Rogers Road Improvements: That the applicant shall improve the Rogers Road frontage to widen the northbound travel lane to 16 feet to accommodate a bicycle lane and a five-foot wide concrete sidewalk to be located behind the ditch.
11. 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.
12. Dedication of Right-of-Way: That prior to the issuance of Zoning Compliance Permit, the Town Manager shall review and approve a plat dedicating public right-of-way along Homestead Road, Seawell School Road and Rogers Road. That a copy of the recorded plat shall be provided prior to the issuance of a Zoning Compliance Permit.
13. Internal Streets: The internal street network shall be a public street, built to Town standards. Prior to a Zoning Compliance Permit the design for the internal streets shall be submitted for approval by the Town Manager. That prior to the issuance of a Zoning Compliance Permit, the Town Manager shall review and approve a plat dedicating the public right-of-way for the internal streets. That the plat shall be recorded prior to the issuance of a Zoning Compliance Permit.
14. Bicycle Parking at Homestead Site: That the applicant comply with the bicycle parking standards in place at such time that the Town Council approves the Special Use Permit.
15. Sidewalks: That the applicant shall provide a five-foot wide concrete sidewalk, on the Homestead Road, Seawell School Road, and Rogers Road frontages. That the applicant shall also construct a sidewalk along Seawell School Road from Homestead Road to High School Road. That where deemed necessary by the Town Manager, portions of the sidewalk along Seawell School Road, between High School Road and the southern property line, maybe constructed at the back of curb.
16. Required Buffers: That the following landscape buffers be provided; on land owned and controlled by a Homeowners’ Association; and if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by fencing from adjacent construction:
Homestead Road Site Landscape Buffers
|
Location |
Required Buffers |
|
Southern Boundary |
10’ Type ‘B’ Internal Buffer |
|
Western Boundary |
10’ Type ‘B’ Internal Buffer |
|
Northern Boundary (Homestead Road frontage) |
30’ Type ‘D’ External Buffer |
|
Eastern Boundary (Seawell School Road frontage) |
20’ Type ‘C’ External Buffer |
Rogers Road Site Landscape Buffers
|
Location |
Required Buffers |
|
Southern Boundary |
Not required |
|
Western Boundary |
Not required |
|
Northern Boundary |
Not required |
|
Western Boundary (Rogers Road frontage) |
20’ Type ‘C’ External Buffer |
17. Undisturbed Buffers: Buffers shall remain undisturbed and no stormwater control structures shall be placed in landscape buffer areas except for a portion of the northern buffer associated with the proposed grading. This area shall be properly replanted, subject to approval by the Town Manager.
18. Chain-Link Tree Protection Fencing: That the applicant install a chain-link fence in lieu of standard tree protection fencing along the Resource Conservation District line, and in other areas deemed necessary by the Town Manager. That the final design and location of the chain link fence shall be reviewed and approved by the Town Manager.
19. Utility Easements: All utility easements shall be located outside the required buffers.
20. Specimen Tree Protection: That the applicant shall protect the indicated specimen trees, specified for preservation on the landscape protection plan, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.
21. Landscape Protection Plan: That a detailed Landscape Protection Plan for the proposed Homestead Road and Rogers Road site be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. That the plans provide the following:
22. 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.
23. Replanting Plan for Northern Landscape Buffer: That the northern landscape buffer along Homestead Road be fully and densely replanted to provide maximum screening from Homestead Road. That in buffer areas that will be cleared adjacent to Homestead Road the replanting plan shall included plant material that meet the following standards: shade trees be a minimum of 3 ½” caliper, all small trees be a minimum of eight to10 feet in height, and all shrubs be transplanted from containers at least five gallons in size. That the Town Manager shall review and approve a planting plan for this area prior to the issuance of a Zoning Compliance Permit.
24. Community Design Commission Approvals: 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. That the 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.
25. Energy Efficiency: That the applicant will incorporate a “20 percent energy efficient” feature into their plans, relative to the energy efficient standard of the American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE), or other comparable standards generally recognized as applicable to building energy consumption, applicable at the time of application.
26. 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 ZCP, the development meet NC Division of Water Quality 401 and 404 Certification requirements for any proposed wetland and/or stream impacts.
27. 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 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.
28. 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.
29. 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
30. 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.
31. 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.
32. 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.
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.
33. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
34. Ephemeral Stream Channels: As part of the Stormwater Management Plan, the applicant shall identify 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.
35. Land Disturbance Activity Prohibited in the Resource Conservation District: That all required erosion control sediment basins and all stormwater improvements, including associated clearing and grading, shall be located entirely outside of the Resource Conservation District and shall not impact the root systems of any significant trees except land disturbance activities associated with the stormwater facility limited to the upland zone of the Resource Conservation District except for the discharge pipe from the storm water facility and for the extension of the OWASA sewer main. That if necessary, in order to comply with this stipulation, the number of overall units may be reduced. That all residential structures shall be located a minimum of 10-feet away from the Resource Conservation District and that land disturbance in the Resource Conservation District, associated with the construction of these structures, is prohibited.
36. 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.”
37. 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.
38. Homeowners’ Association: That a Homeowners’ Association for the Homestead Road site and the Rogers Road site be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of common areas, however designated. The Homeowners’ Association documents shall be approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and shall be cross-referenced on the final plat. The Homeowners’ Association documents shall comply with Section 4.6.7 of the Land Use Management Ordinance. The documents shall state that the two Rogers Road dwelling units have full privileges at the pool, clubhouse, and play areas.
39. Dedication of Common Area to Homeowners’ Association: That the applicant provide for Town Manager review and approval, a deed conveying to the Homeowners’ Association all bufferyards, common and open space areas. These documents shall be reviewed and approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and cross-referenced on the final plat.
40. Required Recreation Space: That the applicant shall either provide a partial payment-in-lieu for that portion of the recreation space not satisfied by the square footage associated with the pool and associated clubhouse and the play area or provide additional on-site recreation space to satisfy the requirement, subject to Town Manager approval. The payment amount and/or the proposed recreation space shall be reviewed and approved by the Town Manager in accordance with the Land Use Management Ordinance, Section 5.5.2. That the recreation space associated with the pool, clubhouse, and play area shall be considered suitable recreation space once the size of the recreation space and associated amenities are approved by the Town Manager. That the recreation payment amount, if required, shall be submitted to the Town prior to recordation of the final plat or issuance of the first Certificate of Occupancy, which ever occurs first.
41. Rogers Road Recreation Area: That the two single-family homes on Rogers Road shall have legal access to the recreation space provided at the Homestead Road site.
42. 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.
43. Solid Waste/Recycling Facilities: That the developer:
a) Provide bulk refuse and recycling collection facilities (including corrugated cardboard) throughout the Homestead Road site. The plans shall be subject to the approval of the Town Manager, prior to issuance of a Zoning Compliance Permit; or
b) That the developer contract with a private refuse collection and/or recycling collection service for curbside collection, and alternatively indicate how sufficient bulk refuse and recycling collection facilities would be constructed on the plans, in the event that public service is requested in the future.
That in order to accommodate bulk refuse collection on the site, the number of residential units may be reduced, as determined necessary by the Town Manager. Town services to the bulk refuse facilities would not be available until the development is annexed.
44. 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.
45. Heavy Duty Pavement: That the applicant shall provide heavy-duty pavement for service vehicles across drive aisles access routes to refuse container(s), subject to Town Manager approval.
46. 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.
47. 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.
48. 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.
49. Utility Line Placement: That except for three phase electrical distribution line, all new and relocated 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.
50. 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.
51. OWASA Easements: That easement documents as required by OWASA and the Town Manager be recorded before final plat approval.
52. Fire Hydrant Location: It is required that all new structures be located within 400 feet of a fire hydrant and 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.
53. Fire Apparatus Access: All driveway entrances shall be designed to meet the minimum unobstructed turning radii for fire apparatus access.
54. 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.
55. Single-family Lots on Rogers Road: That prior to relocation of the single-family homes on the Homestead portion of the project to the Rogers Road site, an administrative minor subdivision application shall be reviewed and approved by the Town Manager and a plat recorded creating the two lots.
56. Single-family Homes on Rogers Road: That prior to the relocation of the existing single-family homes on the Homestead portion of the project to the newly created Rogers Road lots, a Single-Family Zoning Compliance Permit shall be obtained for each newly created lot.
57. 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) 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.
58. Traffic and Pedestrian Control Plan: That a Traffic and Pedestrian Control Plan be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. That the plans include 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. 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.
59. 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.
60. Recombination Plat: That an administrative recombination application shall be reviewed and approved by the Town Manager and an administrative minor subdivision application shall be reviewed and approved by the Town Manager creating the new townhouse lots. The recombination plat and townhouse development shall be recorded prior to issuance of certificates of occupancy for each phase of development.
61. Plant Rescue: That the applicant consider conducting plant rescue activities on the Homestead site prior to initiation of development activity.
62. Rogers Road Lots: That a note shall be on the final plat indicating that the two single-family lots on Rogers Road have legal access to the recreation space provided at the Homestead Road site.
63. Subdivision of Property: That the Homestead portion of the development, if proposed to be subdivided, must be subdivided in accordance with the Town’s townhouse development provisions. Private parking, private drive aisles, open space, landscape bufferyards, and stormwater infrastructure shall all be common land area that is owned and maintained by a Homeowner’s Association.
64. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.
65. 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.
66. 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.
67. 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.
68. 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.
69. New Street Names and Numbers: That the name of the development and its streets and house/building numbers shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
70. Construction Sign: That the applicant shall post a construction sign at the Homestead portion of the development 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 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background. That a detail of the sign shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
71. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
72. 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-Housing for the Homestead Twin Towns.
This the______day of__________________, 2007.