ATTACHMENT 3
RESOLUTION A
(Approving the Special Use Permit Application)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Orange County, on property identified as Orange County Parcel Identifier Numbers 9870-77-4584; if developed according to the site plans dated January 22, 2007 and revised June 8, 2007 would:
Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
Comply with all required regulations and standards of the Land Use Management Ordinance;
Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
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 modification satisfies public purposes to an equivalent or greater degree:
Modification of Article 5.9 of the Land Use Management Ordinance, to allow a reduction in the minimum parking requirements for this Public Use Facility.
This finding is based on a determination that public purposes are satisfied to an equivalent of greater degree because of the unique nature of this public use.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for the Orange County Animal Services Facility in accordance with the plans listed above and with the conditions listed below:
That construction begin by (two years from approval date) and be completed by (five years from approval date).
Land Use Intensity:
|
Gross Land Area |
5.96 Acres |
|
Total Maximum Floor Area |
24,000 sq. ft. |
|
Maximum Impervious Surface Area (associated with this application) |
78,000 sq. ft. |
|
Maximum Vehicular Parking Spaces |
49 |
|
Number of Buildings (primary) |
1 |
|
Number of Buildings (accessory buildings) |
2 |
Eubanks Road Right-of-way: That the applicant shall dedicate half of a 70-foot right-of-way for the Eubanks Road frontage.
Eubanks Road Improvements: That the applicant shall improve Eubanks Road to provide half of a 37-foot cross-section with a bike lane and curb and gutter, plus a 5-foot wide concrete sidewalk to be located a minimum of 3 feet behind the curb along the site frontage.
Eubanks Road Sidewalk: That the applicant shall construct a 5-foot wide concrete sidewalk to be located a minimum of 3 feet behind the curb along the entire site frontage except for the area where the sidewalk would cross the actual railroad tracks.
Eubanks Road Sidewalk Payment-in-Lieu: That if the applicant is unable to obtain approval from Norfolk Southern Railroad for construction of the sidewalk within the railroad right-of-way, a payment-in-lieu may be provided for that portion of the sidewalk, prior to the issuance of a Zoning Compliance Permit.
North Carolina Department of Transportation Approvals: That plans for improvements to State-maintained roads be approved by North Carolina Department of Transportation prior to issuance of a Zoning Compliance Permit.
Norfolk Southern Railroad Approval: That plans for that portion of the sidewalk within the railroad right-of-way shall be reviewed and approved by the Norfolk Southern Railroad prior to the issuance of a Zoning Compliance Permit.
Dedication of Right-of-Way: That prior to the issuance of Zoning Compliance Permit, the Town Manager shall review and approve a plat dedicating half of a 70-foot wide public right-of-way along Eubanks Road. That a copy of the recorded plat shall be provided prior to the issuance of a Zoning Compliance Permit.
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.
Sidewalk along the internal driveway: That the applicant shall construct a sidewalk from Eubanks Road to the proposed building.
Required Buffers: That the following landscape bufferyards shall be provided. If any existing vegetation is to be used to satisfy the buffer requirement, the vegetation shall be protected by fencing from adjacent construction:
|
Location |
Required Buffers |
|
Southern Boundary |
20’ Type ‘C’ |
|
Western Boundary |
10’ Type ‘B’ |
|
Northern Boundary |
20’ Type ‘C’ |
|
Eastern Boundary |
30’ Type ‘D’- adjacent to railroad right-of-way 20’ Type ‘C’ – adjacent to private property |
Undisturbed Buffers: That the east and west bufferyards shall remain generally undisturbed. That a landscaping replanting plan shall be reviewed and approved by the Town Manager for any vegetative portion of the east or west bufferyards that are impacted by land disturbance activities. That no stormwater control structures shall be placed in any landscape buffer areas.
Utility Easements: All utility easements shall be located outside the required buffers unless they provide a perpendicular crossing.
Landscape Protection Plan: That a detailed Landscape Protection Plan for the proposed site be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. That the plans provide the following:
Tree protection fencing along the Eubanks Road frontage between the existing vegetation to be retained and the proposed street and sidewalk construction.
Tree protection fencing associated with all off-site improvements including extension all sewer and water lines.
A detail of protective fencing, construction parking, and materials staging/storage areas.
Show all critical root zones of rare and specimen trees affected by proposed construction, indicating which trees are proposed for removal, and where tree protection fencing and silt fencing will be installed.
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.
Community Design Commission Approvals: That the Community Design Commission shall approve building elevations and 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.
Energy Efficiency:
That the Final Plan for the Special Use Permit incorporate a “20 percent more energy efficient” feature relative to the energy efficiency standard of the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE), as amended and in effect at the time of building permit issuance; and
That other comparable standards generally recognized as applicable to building energy consumption, as amended and in effect at the time of building permit issuance, may be used by the applicant when incorporating the “20 percent more energy efficient” feature into their Final Plans; and
That the applicant include an Energy Management Plan in the Special Use Permit Final Plan application, to include consideration of utilizing sustainable energy, currently defined as solar, wind, biofuels, and hydroelectric power, in the proposed development; and
That the Energy Management Plan include consideration of the purchase of carbon offset credits and green power production through coordination with the NC GreenPower program; and
That the Energy Management Plan shall provide for an acceptable level of increased energy efficiency that ensures indoor air quality and adequate access to natural lighting, and allows for the proposed utilization of sustainable energy in a development.
Impervious Surface Area: That the maximum amount of impervious surface area authorized for the proposed development shall not exceed 78,000 square feet. That the existing and/or future impervious surface area associated with the Norfolk Southern Railroad or Genestu Drive shall not be counted against this impervious surface area. That the total amount of impervious surface area permitted on this site, including the railroad corridor and Genestu Drive, shall not exceed 70% of the gross land area.
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 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 percent total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.
Stormwater Operations and Maintenance Plan: That a Stormwater Operations and Maintenance Plan shall be provided for the proposed stormwater management facilities and submitted to the Stormwater Management Engineer for approval prior to receiving a Zoning Compliance Permit. A schedule of inspection and maintenance tasks shall be included. A maintenance covenant shall be included as part of the plan and recorded at the office of the County Register of Deeds prior to issuance of a Certificate of Occupancy.
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.
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
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.
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.
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.
Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
Land Disturbance Activity Limited in the Resource Conservation District: That all required 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. That land disturbance activities associated with the driveway, sewer, and walking trails are limited to the upland zone of the Resource Conservation District except for the extension of the OWASA sewer. That land disturbance, not including off-site work, in the Resource Conservation District is limited to 17,500 square feet, within the upland zone.
Erosion control in the Resource Conservation District: That where determined practical, temporary erosion control management features are permitted within the Resource Conservation District. That the land disturbance associated with these features shall be minimized as much as practical. That the erosion control features shall be removed and the area replanted once the erosion control devices are no longer required.
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.”
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.
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.
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:
By Orange County Ordinance, clean wood waste, scrap metal and corrugated cardboard, all present in construction waste, shall be recycled;
By Orange County Ordinance, all haulers of construction waste shall be properly licensed; and
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.
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.
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.
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.
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.
OWASA Off-site Improvements: That final plans and all approval required for the OWASA sewer main extension project, as designed to provide sewer service to this site and adjoining properties, be approved by OWASA and the Town Manager prior to issuance of a Zoning Compliance Permit.
OWASA Easements: That easement documents as required by OWASA be reviewed and approved by the Town Manager and recorded prior to issuance of a Zoning Compliance Permit.
Fire Hydrant Location: All new structures shall be located within 400 feet of a fire hydrant and all hydrants be shown on Final Plans, subject to the approval of the Town Manager, prior to the issuance of a Zoning Compliance Permit.
Fire Apparatus Access: All driveway entrances shall be designed to meet the minimum unobstructed turning radii for fire apparatus access.
Fire Flow Report: That a fire flow report, 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.
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.
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 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.
Off-Site Construction Easement: That prior to issuance of a Zoning Compliance Permit, it will be necessary to provide construction easements for all off-site work not located within the public right-of-way or recorded utility easement.
Plant Rescue: That the applicant consider conducting plant rescue activities on the site prior to initiation of development activity.
Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.
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.
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.
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.
Construction Sign: That the applicant shall post a construction sign at the site 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.
Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
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 for the Orange County Animal Services Facility.
This the______day of__________________, 2007.