RESOLUTION A
A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR GREENBRIDGE DEVELOPMENT (FILE NO. 9788-06-5324) (2007-02-26/R-10a)
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 3.8-1 to modify maximum primary building height regulations to exceed the Town Center-3 zoning district maximum height regulations of 120 feet, by 15 feet, for a total of 135 feet;
2. Modification of Appendix A, Definition of Building Envelope, to modify the rise to run ratio in the Town Center-3 zoning district from 1:1 to 1:0.2 on the east, south and west elevations and from 1:2 to 1:0.5 on the north elevation; and
3. Modification of Section 3.8.4b to modify Transitional Control Intensity regulations reducing the required minimum setback of 24 feet, by 24 feet, for a total of a 0-foot total setback on the West Rosemary Street frontage, and exceeding the required primary building height of 35 feet by 9 feet, for a total of 44 feet.
This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree including carbon reduction goals, redevelopment in the downtown, and sustainable design.
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:
1. That construction begin by January 27, 2009 February 26, 2009 (two years from approval date) and be completed by February 26, 2011 (four 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:
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Net Land Area |
54,724 sq ft |
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Total Maximum Floor Area |
216,540 sq ft |
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Office-Type Business and Convenience/General-Type Business Floor Area |
35,970 sq. ft. |
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Residential Floor Area |
180,570 sq. ft. |
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Total Residential Unit |
99 units |
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Minimum Affordable Residential Units |
15% of Total Units or 15 units
|
|
Maximum Impervious Surface Area |
52,559 sq ft |
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Maximum Vehicular Parking Spaces |
216 spaces |
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Minimum Bicycle Spaces Required |
128 spaces |
3. Timing of Design Approval and Construction of Improvements: Unless otherwise noted, the design of improvements shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit and improvements shall be constructed prior to issuance of the first Certificate of Occupancy, or as required by an approved Phasing Plan.
4. 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. 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. Setting the rates of the units;
f. Adequate assurances of the time period that the designated units will remain affordable in perpetuity;
g. That Certificates of Occupancy are issued as a proportionate percentage of affordable units (15%) are available for occupancy, compared to the number of market units constructed (ex. for every 6 market rate units, 1 affordable unit).
h. Monthly condominium fees and utilities minimized by a transfer fee that requires a percentage of the sale of every unit (not to exceed 1%).
i. The pricing of the affordable housing units shall be subject to the approval of the Town Manager prior to the issuance of a Zoning Compliance Permit.
5. Affordable Housing Transfer Fee: That monies collected from a transfer fee associated with the sale/resale of properties are to be placed in a fund for the specific purposes of first paying condominium and townhouse homeowners association dues for persons who acquire affordable housing and then to the Orange Community Land Trust or its successor for the maintenance of affordable dwellings in the development and for other uses in support of affordable housing. Details of the fund shall be approved by the Town Manager.
6. 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.
7. 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.
8. 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.
9. 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, activated bicycle loops on all travel lanes, and a revised phasing plan.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. Merritt Mill Road Right of Way Dedication: That the applicant shall dedicate public right of way along the property frontage for half of a 35-foot street cross section on the east side of Merritt Mill Road, to provide for the installation of an 11-foot travel lane, a 4-foot bike lane, 2.5-foot curb and gutter, a variable width amenity strip and a 7-foot sidewalk, designed to Town Standard. The right of way shall extend to the face of the building, an average of 12 feet from the back of curb. That the plans indicating right of way dedication shall be reviewed and approved by North Carolina Department of Transportation and the Town Manager prior to issuance of a Zoning Compliance Permit.
16. North Graham Street Right of Way Dedication: That the applicant shall dedicate public right of way along the property frontage on the west side of the Graham Street to provide for the installation of 2.5-foot curb and gutter, a 5-foot amenity strip and a 7-foot sidewalk, designed to Town Standard. The right of way shall extend to the face of the building, a minimum of 12 feet from the back of curb. That the plans indicating right of way dedication shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
17. West Rosemary Street Right of Way Dedication: That the applicant shall dedicate public right of way along the property frontage on the south side of West Rosemary Street, to provide for the installation of a 2.5-foot curb and gutter, a 5-foot amenity strip and a 7-foot sidewalk, designed to Town Standard. The right of way shall extend to the face of the building, a minimum of 12 feet from the back of curb. That the plans indicating right of way dedication shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
18. Streetscape Plan: That the applicant shall provide amenity strips with street trees, 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.
19. 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.
20. 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.
21. Deleted.
22. West Rosemary Street Mid-Block Bus Stop: That the applicant shall provide a bus stop shelter, with a solar generated (solar orientation permitting) passenger information system and lighting, a bench, and trash receptacle on West Rosemary Street frontage. That the final design, dimensions, and location shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
23. 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.
24. 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.
25. Recreation Requirements: That the applicant shall provide 1,100 square feet of on-site recreation facilities, and provide a payment-in-lieu for the remaining 6,124 square feet of required recreation space, to be used in the Pine Knolls and Northside neighborhoods, according to Section 5.5.2(g) and Section 5.5.2 (h) of the Land Use Management Ordinance with design subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
26. 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.
27. 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
28. 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.
29. Leadership in Energy and Environmental Design (LEED) Technologies: That the applicant shall submit evidence (USGBC certificate) that at least one member of each of the following is a LEED Accredited Professional: Developer, Architect(s), Mechanical/Electrical/Plumbing Engineer(s). That the applicant shall provide evidence that the project is registered with the US Green Building Council LEED-NC 2.2 program and is applying for LEED certification. That the Applicant shall provide evidence of engagement with a third party LEED Consultant. That Applicant shall provide evidence that the building will be commissioned following the Enhanced Commissioning requirements of LEED–NC 2.2 Energy and Atmosphere Credit 3. 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 implement other items from the attached Greenbridge Green Technology Matrix (Exhibit 1), with lesser implementation probabilities, unless it can be confirmed as not be practicable. That the Applicant shall provide copies of all documentation related to its application to US Green Building Council for LEED Certification. That such documentation shall indicate that Applicant is pursuing LEED-NC 2.2 Gold Certification, with a minimum of 39 LEED Points applied for.
30. Energy Efficiency: That the applicant shall submit energy models for Greenbridge showing a minimum energy efficiency savings for the building of 20% relative to ASHRAE (American Society of Heating, Refrigeration and Air Conditioning Engineers) Standard 90.1-2004.
31. 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.
32. 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.
33. 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.
34. 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.
35. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
36. Open Burning: That the open burning of trees, limbs, stumps, and construction debris associated with this development is prohibited.
37. Refuse Area Details: That the applicant provide dimensioned details as well as appropriate signage and lighting for the refuse area with design subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.
38. 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.
39. 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.
40. 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.
41. 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, where possible with design subject to Duke Energy and Town Manager approval.
42. 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.
43. Residential Fire Safety Requirements: That the applicant provide fire and life safety protection that meet the requirements of the North Carolina Department of Insurance, Office of the State Fire Marshall, the Building Code provisions for High Rise construction, and NFPA 101 Life Safety Code. The design is subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
44. Automatic Sprinkler System: That an automatic sprinkler system be installed in the proposed building.
45. 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.
46. 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 32 square feet of display area and may not exceed 8 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.
47. 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.
48. 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.
49. NCDOT Approvals: That plans for improvements in the North Carolina Department of Transportation (NCDOT) Right-of-Way be approved by NCDOT prior to issuance of a Zoning Compliance Permit for the subject phase of development.
50. Temporary Off-Site Construction Easements: That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide a recorded copy of any required off-site construction easements authorizing off-site construction work at grade or below grade. That the easement shall be reviewed and approved by the Town Manager, and if applicable by NCDOT, prior to recordation.
51. 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.
52. 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.
53. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
54. 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 26th day of February, 2007.