ATTACHMENT 2

 

RESOLUTION A

(Approving the Special Use Permit Modification Application)

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR ORANGE UNITED METHODIST CHURCH

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification proposed by Philip Post Associates on property identified as Orange County Parcel Identifier Numbers 9880-20-9389 and 9880-30-2035, if developed according to the site plans dated 8/25/06 and revised 10/17/07, and 12/10/07 would:

  1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
  2. Comply with all required regulations and standards of the Land Use Management Ordinance;
  3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and 
  4. Conform with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.

 

BE IT FURTHER RESOLVED 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:

  1. Modification of Section 5.9.6 to modify parking lot screening standards to provide parking lots screening that is less than 5-feet in width, in the area to the east of the proposed Worship Building.

This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree because the applicant is exceeding parking lot screening in other areas.

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for the Orange United Methodist Church in accordance with the plans listed above and with the conditions listed below:

 

Stipulations Specific to the Development

  1. That construction begin by                                      (four years from approval date) and be completed by                     (fifteen years from approval date).
  2. Land Use Intensity:
    3. Gross Land Area 16.6 acres
    Total Max. Floor Area (existing 19,501 sq ft) 77,692 SF
    Max Vehicular Parking Spaces (existing 110) 267 spaces
    Min Bicycle Parking Spaces 14 spaces
    Number of Buildings (3 existing) 6 buildings

    Transportation

     

  3. Parking Lot Design:   That the parking areas and drive aisles are constructed to Town and ADA standards.
  4. Traffic Signal Timing Payment-in-Lieu: That prior to the issuance of a Zoning Compliance Permit the applicant submits a $1,000 payment to the Town for revision of the timing plan for the traffic signal at the Homestead Road/ Martin Luther King, Jr. Blvd intersection.
  5. NCDOT Approvals:   That plans for improvements to State-maintained roads be approved by NCDOT prior to issuance of a Zoning Compliance Permit.

    6. Landscaping and Architecture

     

  6. Required Buffers: That the following landscape buffers be provided. 
    7. Location (property line) Required
    North, South, East lines 20’ Type ‘C’ Buffer
    West – Arterial (Martin Luther King Jr. Blvd.) 10’  Alternate Buffer

     

  7. Landscape Protection Plan: That a detailed Landscape Protection Plan shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. The plan shall clearly indicate which rare and specimen trees shall be removed and preserved, critical root zones of all rare and specimen trees, significant tree stands, detail of protective fencing, chain linked fencing and construction parking and materials staging/storage areas.  That the plans include the location of tree protection fencing and chain link fencing where determined necessary by the Town Manager.  That the plan shall include Town standard landscaping protection notes.
  8. 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, parking lot shading and screening, and location of all proposed plantings as well as the limits of land disturbance and tree protection fencing.
  9. Tree Removal and Replanting: That the 2-inch caliper shade trees shown on the proposed Planting Plan be replaced with the installation of trees with a minimum of 3-inch caliper. That the proposed planting be revised to provide a larger diversity of canopy trees, including two more native species of oaks.
  10. Community Design Commission: That the Community Design Commission shall approve building elevations, lighting plans, and alternate bufferyard prior to issuance of a Zoning Compliance Permit.

    11. Stormwater

     

  11. Impervious Surface Limit and Notification: That the maximum amount of impervious surface area authorized for the proposed development shall not exceed 126,723 square feet. That the total amount of impervious surface area permitted on this site, shall not exceed 70% of the gross land area. That an impervious surface tally sheet be submitted with all final plan, Building Permit applications and As-built surveys. 
  12. 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 demonstrate compliance with the stormwater management requirements for water quality, peak rate, and volume in accordance with Section 5.4 Stormwater Management of the Town’s Land Use Management Ordinance.  Specifically, all engineered stormwater facilities shall be designed to achieve 85% Total Suspended Solids (TSS) removal for runoff from the first 1-inch of precipitation; the post-development stormwater runoff volume leaving the site shall not exceed the pre-development volume for the local 2-year frequency, 24-hour duration storm event; and the post-development peak runoff rate shall not exceed the pre-development peak rate for the 1-year, 2-year, and 25-year frequency, 24-hour duration storm events.
  13. Stormwater Facility Prohibited in the Public Right-of-Way and Building Setbacks: 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.
  14. Stormwater Facility Easement: All stormwater detention, treatment and conveyance facilities located on and below the ground shall be wholly contained within an easement entitled “Reserved Stormwater Facility Easement” and shall be reserved from any development which would obstruct or constrict the effective management, control, and conveyance of stormwater from or across the property, other than the approved design and operation functions.  The Reserved Stormwater Facility Easement shall be shown on the appropriate plan sheet(s).  The “Reserved Stormwater Facility Easement Hereby Dedicated,”shown on the final plat or easement exhibit, signed and sealed by a North Carolina-registered Land Surveyor and recorded by the County Register of Deeds, and containing the following notes, shall be submitted prior to issuance of the Certificate of Occupancy. 
  15. 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 a statement of the owner's financial responsibility and include an inspection and maintenance schedule to ensure that the facilities continue to function as originally intended. Prior to the issuance of a Certificate of Occupancy, the Stormwater Operations and Maintenance Plan, signed by the owner and recorded by the County Register of Deeds, shall be provided for the proposed stormwater management facilities and submitted to the Stormwater Management Engineer for approval.
  16. Inlet Hood/Cover Stenciling: In lieu of stenciling, all new Town and State right-of-way and private curb inlet hoods/covers installed within the Chapel Hill Planning Jurisdiction shall be pre-cast stating, "Dump No Waste!  Drains to Jordan Lake", in accordance with the specifications of the Town Standard Detail SD-5A.
  17. Erosion and Sediment Control Plan: That a detailed soil erosion and sedimentation control plan for the site, 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.
  18. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways
  19. Land Disturbance Bond: 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 the issuance of a Zoning Compliance Permit.  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. 
  20. 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.

    21. Resource Conservation District

     

  21. Land Disturbance Activity Limited in the Resource Conservation District: That the land disturbance in the Resource Conservation District be limited to 21,350 square feet and limited to the Upland Zone.  
  22. 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.”
  23. 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.

    24. Solid Waste Management

     

  24. 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.
  25. Heavy Duty Paving/Waiver: That the collection vehicle access route to any area containing recyclable or waste containers be paved with all-weather, heavy-duty pavement OR the following note be included on the plans and recorded on the plat: “Neither Orange County nor the Town of Chapel Hill will be responsible for any pavement damage that may result from service vehicles.”

    26. Utilities and Fire

     

  26. 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.
  27. Utility Line Placement: That except for three-phase electrical distribution lines, all new utility lines shall be placed underground. The applicant shall indicate proposed off-site utility line routing and upgrades required to service the site on Final Plans, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
  28. OWASA Easements: That easement documents as required by OWASA and the Town Manager be recorded before final plat approval.
  29. Fire Hydrant Location: It is required that all hydrants be shown on Final Plans, subject to the approval of the Town Manager prior to the issuance of a Zoning Compliance Permit. That all new structures be located within 400 feet of fire hydrants and that the fire hydrants be shown on the Final Plans.
  30. Fire Apparatus Access: All driveway entrances shall be designed to meet the minimum unobstructed turning radii for fire apparatus access.
  31. 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 thee minimum requirements of the Town Design Manual, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

    32. Environmental

     

  32. Energy Efficiency: That prior to the issuance of a Certificate of Occupancy the applicant submit energy models 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. That the applicant provide for an acceptable level of increased energy efficiency that also ensures indoor air quality and adequate access to natural lighting, use of other energy-saving measures such as energy-efficient compact fluorescent fixtures, etc.
  33. Energy Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant submit an Energy Management Plan that would include energy efficient measures as well as other sustainability measures.
  34. Lighting Plans:   That prior to the issuance of a Zoning Compliance Permit the applicant submit site plans and other required documents to satisfy the lighting requirements in Section 5.11 including the submission of a lighting plan sealed by a Professional Engineer. That the Lighting Plan address the Dark Skies Initiative

    35. Miscellaneous Items

     

  35. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.
  36. Plant Rescue: That the applicant considers conducting a “plant rescue” after the issuance of a Zoning Compliance Permit and prior to start of construction.
  37. Certified As-Built Plans: Prior to issuance of a Certificate of Occupancy, provide certified as-built plans for building footprints, parking lots, street improvements, storm drainage systems and stormwater management structures, and all other impervious surfaces.  The as-built plans should be in DXF binary format using State plane coordinates and NAVD 88.
  38. 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.
  39. Construction Management Plan: That a Construction Management Plan, 1) indicating how construction vehicle traffic will be managed, 2) identifying parking areas for on-site construction workers including plans to prohibit parking in residential neighborhoods, 3) indicating construction staging and material storage areas, and 4) identifying construction trailers and other associated temporary construction management structures. Such plan shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
  40. Construction Sign: That the applicant shall post a construction sign that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Building Permit, prior to the commencement of any land disturbing activities. The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.
  41. Traffic and Pedestrian Control Plan: That the applicant provides a Work Zone Traffic Control Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction. The plan must include a pedestrian management plan indicating how pedestrian movements, including pedestrians using the existing transit system, will be safely maintained. The plan must be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.  At least 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.
  42. 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.
  43. 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.
  44. 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.

    45. 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.

     

  45. Vested Rights: 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.
  46. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
  47. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit Modification for Orange United Methodist Church, in accordance with the plans and conditions listed above.

 

This the______day of__________________, 2008.