A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT PLANNED DEVELOPMENT-HOUSING FOR THE PUREFOY DRIVE DEVELOPMENT

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 Habitat for Humanity of Orange County, on property identified as Orange County Parcel Identifier Numbers 9870-54-7219; 9870-54-7411; 9870-54-7514; 9870-54-7627; 9870-54-7830; 9870-54-7922; 9870-54-9248; 9870-54-9441; 9870-54-9543; 9870-54-9679; 9870-54-9850; 9870-54-9950; 9870-55-7013; 9870-55-9063; 9870-64-1606; 9870-64-3619; and 9870-64-6459; if developed according to the site plans dated October 26, 2006, revised April 13, 2007, June 1, 2007, and August 10, 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 modifications satisfy public purposes to an equivalent or greater degree:

Modification of Section 5.6 to modify the buffer requirements for all lots except lots 14, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 & 31.
Modification of Dimensional Matrix (Table 3.6.1) to modify the interior setback dimension from 14-feet to 4-feet adjacent to the Homeowner’s Association common area bufferyard on the above noted lots.

This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree with the provision of affordable dwelling units on 51 single-family lots.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit, Planned Development-Housing, for the Purefoy Drive Development in accordance with the plans listed above and with the conditions listed below:

Development

That construction begin by (two years from approval date) and be completed by (ten years from approval date).

Land Use Intensity:

Gross Land Area	19.3 Acres
Total Maximum Floor Area	66,970 sq. ft.
Maximum Residential Units	51 units
Number of Buildable Lots	51
Affordable Residential Units as a Percentage of Total Residential Units	100%
Minimum Recreation Space	43,400 sq. ft.
Maximum Impervious Surface Area	250,000 sq. ft.

Affordable Housing

Provision of Affordable Housing: That prior to Town approval of a plat for recordation of the new lots, the applicant shall provide, for Town Manager review and approval, deed restrictions guaranteeing the affordability component of the development. The deed restrictions must, at a minimum:
1. Include 100% of the housing units in Purefoy Drive Development as long-term affordable housing;
2. Offer for sale all of the units to households earning at or below 80% of the area median income. These units must remain affordable for at least ninety-nine years;
3. Require that the units be sold over a ninety-nine year period only to households that earn 80% or less than the area median income.
That these restrictions shall be recorded and cross referenced on the final plat.

Transportation

Purefoy Drive Improvements:
1. That prior to the issuance of the first Certificate of Occupancy, the applicant shall improve Purefoy Drive, between the site’s east and west property lines, to provide two 11-foot wide travel lanes, the Town standard for a local connector street, or to the North Carolina Department of Transportation standards, whichever is greater.
2. That the entire northern frontage, from the western property line to the eastern property line be improved to provide standard curb and gutter, a five-foot wide sidewalk, and a three-foot utility strip. The final design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit and constructed prior to the issuance of the first Certificate of Occupancy.
Purefoy Drive Sight Distance Triangle: That the final plans and plat includes sight distance triangles at the Purefoy Dr/Edgar Road intersection.
Edgar Road: That Edgar Road shall be improved to Town local connector road standard or North Carolina Department of Transportation standard, whichever is greater, with a minimum 27-foot wide road, measured from back of curb to back of curb, with 30-inch wide curb and gutter within a 60-foot wide public right-of-way. The final design and construction of the roadway will be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
Internal Connector Streets: That all new internal connector streets (“Proposed Road A, B and C”) shall be built to Town local connector road standards or North Carolina Department of Transportation standard, whichever is greater, with a minimum 27-foot wide road, measured from back of curb to back of curb, with 30-inch wide curb and gutter within a 50-foot wide public right-of-way. The final design and construction of the roadway will be reviewed and approved by NCDOT and the Town Manager prior to the issuance of a Zoning Compliance Permit.
Sidewalk Improvements:That a 5-foot wide sidewalk shall be built to Town standard on one side of the new internal connector streets and Edgar Road.
Right-of-way Dedication: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 following streets: a) one-half of a 60-foot right-of-way for the portion of Purefoy Road adjacent to the proposed development site; b) 60-foot right-of-way for Edgar Road; and c) a 50-foot right-of-way for all other internal streets. That the plat shall be recorded prior to the issuance of a Zoning Compliance Permit.
Connector Road Stub-outs to Adjacent Property: That prior to the issuance of a Zoning Compliance Permit, the applicant shall also provide an internal street network design that includes a connector road stub-out to the western property line. The location of this western connector road stub-out shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. That the applicant shall construct two connector road stub-out to the north property line and one connector road stub-out to the eastern property line and one connector road stub-out to the western property line.
Connector Road Stub-out Signage: At such time as the applicant completes construction activity associated with the clearing and grading for the connector street road bed, signage shall be located at each connector road stub-out. The signage shall indicate that the roadway will 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 will include the extension of the connector road stub-outs as show on this final plan/plat”.
Connector Road Stub-out Notification: That the applicant shall submit to all purchasers of property and residential units a statement that properly discloses the proposed extension of the multiple connector road stub-outs, specifying that the connector roads will be extended for future development into the adjoining properties.
Road and Sidewalk Maintenance: Until such time as the area is annexed into the town limits, the Homeowners Association or NCDOT shall be responsible for the maintenance of the proposed internal subdivision roads, and the improved portion of Purefoy Drive. The Homeowners Association shall also be responsible for the maintenance of the sidewalk until annexation. A copy of the maintenance agreement with the Homeowners Association shall be reviewed and approved by the Town Manager prior to the issuance of Zoning Compliance Permit.
North Carolina Department of Transportation Approvals: That plans for improvements to all State-maintained roads be approved by North Carolina Department of Transportation prior to issuance of a Zoning Compliance Permit for the subject phase of development.
Bus Stop and Shelter:That prior to the issuance of a Zoning Compliance Permit, the applicant provide a payment-in-lieu of $6,500 for a bus stop, pad, bench, and shelter. The payment-in-lieu amount shall be submitted to the Town prior to the issuance of a Zoning Compliance Permit. That upon request by the applicant, the payment shall be returned if the improvements are not completed within 5 years after the issuance of the 25^th certificate of occupancy.

Recreation

Recreation Space:That prior to issuance of a Zoning Compliance Permit, the location of the recreation space, and location, number, configuration, and type of amenities in the recreation space to be provided on-site, shall be reviewed and approved by the Town Manager.

Landscaping and Architecture

Required Buffers: That the following landscape buffers be provided; on land owned and controlled by a Homeowners’ Association. If any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by tree or silt fencing from adjacent construction:

Landscape Buffers

Location	Required Buffers
Along perimeter lot lines: lots 14, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 & 31.	10’ Type “B” Internal Buffer

Landscape Bufferyard Plan and Landscape Maintenance Plan: That a detailed Landscape Bufferyard Plan and a Landscape Maintenance Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The plan shall indicate the size, type, and location of all proposed plantings in the bufferyard.
Landscape Protection Plan: That a detailed Landscape Protection Plan, including the area associated with the off-site sanitary sewer line extension, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The plan shall identify all significant trees to be saved and removed. The plan shall also include the limits of land disturbance, proposed and tree protection fencing.
Undisturbed Buffers: All required buffer areas shall remain undisturbed, unless determined otherwise by the Town Manager. Stormwater control structures shall not be placed in landscape buffer areas.
Utility Easements:All utility easements shall be located outside the required buffers, except for perpendicular crossings, subject to Town Manager approval.
Community Design Commission Approvals: That the Community Design Commission shall approve detailed building elevations and a lighting plan prior to issuance of a Zoning Compliance Permit.

Environment

Wetlands Location:That the applicant shall submit Final Plans which show the location of State or federally regulated wetlands on the site, including the area associated with the off-site sewer line extension. 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 North Carolina Division of Water Quality 401 and 404 Certification requirements for any proposed wetland and/or stream impacts.
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% total suspended solids and treat the first inch of precipitation in accordance with the Town’s Design Manual.
Stormwater Facility Prohibited in the Public Right-of-Way: That all detention/retention basins, stormwater facilities, including residential stormwater control features, 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.
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 owner’s financial responsibility and 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. The Stormwater Operations and Maintenance Plan shall be referenced in the Homeowners’ Association documents.
Comprehensive Stormwater Management Plan: That a comprehensive Stormwater Management Plan be developed for this project in lieu of individual stormwater management plans for each lot. That the stormwater facility be designed to handle stormwater from the entire development.
Impervious Surface Limit and Notification: That each lot be allocated a total of 3,000 square feet of impervious surface for a total of 153,000 square feet of impervious surface for the lots. That the final plans and final plat identify this proposed impervious surface limit on each lot. That an impervious surface tally sheet be submitted with all final plan and with all Single-Family Zoning Compliance Permit and Building Permit applications. That the applicant shall submit to all purchasers of property and residential units a statement that properly discloses the impervious surface limits associated with each lot.
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 for the site and the off-site utility work, 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.

Homeowners’ Association

Homeowners’ Association:That a Homeowners’ Association 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 all 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.
Dedication and Maintenance of Common Area to Homeowners’ Association: That the applicant provide for Town Manager review and approval, a deed conveying to the Homeowners’ Association all common areas, however designated, including recreation space, open space areas, and stormwater management facilities. That the Homeowners Association shall be responsible for the maintenance of the proposed internal subdivision roads, adjacent sidewalks, and the improved portion of Purefoy Drive until the area is annexed. 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.
Solar Collection Devices:That the homeowners association, or similar entity, shall not include covenants or other conditions of sale that restrict or prohibit the use, installation, or maintenance of solar collection devices including clothes lines.

Utility and Services

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 the following notes:
1. By Orange County Ordinance, clean wood waste, scrap metal and corrugated cardboard, all present in construction waste, shall be recycled;
2. By Orange County Ordinance, all haulers of construction waste shall be properly licensed; and
3. 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.
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.
Off-Site Sewer Improvements: That the approval of this Special Use Permit shall authorize the installation of off-site utility infrastructure. That all off-site utility easements, authorizing the installation of the required sewer line, be provided and approved by the Town Manager and OWASA and recorded at the Orange County Register of Deeds Office prior to the 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.
Street Lighting Plan:That a street lighting plan shall be reviewed and approved by Duke Energy, NCDOT 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.
That the applicant shall include an Energy Management Plan in the Final Plan application, to include consideration of utilizing sustainable energy, currently defined as solar, wind, biofuels, and hydroelectric power, in the proposed development. That the Energy Management Plan would include consideration of the purchase of carbon offset credits and green power production through coordination with the NC GreenPower program. 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.
Energy Efficiency:That the Final Plans shall 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. Those 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.
Energy Report:Report to the Town the actual energy efficiency achieved during a five years period following the occupancy of the first residence.
OWASA Easements:That easement documents, including the off-site utility easement, as required by OWASA and the Town Manager be recorded before final plat approval.
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.
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.

Miscellaneous Stipulations

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 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.
Schools Adequate Public Facilities Ordinance: That the applicant provide the necessary Certificate of Adequacy of Public Schools prior to the issuance of a Zoning Compliance Permit.
Single-Family Zoning Compliance Permit: That prior to construction of each single-family structure, a Single-Family Zoning Compliance Permit shall be obtained for each newly created lot.
Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.
Plant Rescue: That the applicant consider conducting plant rescue activities on the site prior to initiation of development activity.
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.
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.
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.
Construction Sign:That the applicant shall post a construction sign at the development 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.
This Special Use Permit constitutes a site specific development plan establishing a vested rights as provided by N.C.G.S. Sec. 160A-185.1 and Appendix A of the Chapel Hill Land Use Management Ordinance.
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, Planned Development-Housing for the Purefoy Drive Development.

This the ____ day of _________, 2007.