ATTACHMENT 2

RESOLUTION A

(Approving the Special Use Permit Application)

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR RESIDENCES AT GROVE PARK MULTI-FAMILY DEVELOPMENT

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that Residences at Grove Park Special Use Permit, Multi-Family Development proposed by Ram Development Company, on property identified as Orange County Property Identifier Numbers: portions of 9788-39-4841 and 9788-39-4857; 9788-49-1706, 9788-49-4924; if developed according to the Site Plan, dated February 20, 2007, last revised February 8, 2008, 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:

 

3.      Be located, designed, and 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 3.6.3(f)(1) to permit 37,955 square feet of disturbed land area in the Upland zone of the Resource Conservation District.

 

2.               Modification of Section 3.6.3(f)(1) to permit 23,676 square feet of impervious surface in the Upland zone of the Resource Conservation District.

 

This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree because pedestrian, vehicular and emergency improvements are proposed and a sensitive environmental area is to be improved.

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for Residences at Grove Park development in accordance with the plans listed above and with the conditions listed below:

 

Stipulations Specific to the Development

 

1.      Construction Deadline:  That construction begin by (two years from the date of Council approval) and be completed by (four years from the date of Council approval).

 

  1. Land Use Intensity: This Special Use Permit authorizes a multi-family development with:

 

Gross Land Area

12.9 Acres

Total Maximum Floor Area Allowed

517,151 sq ft

Residential Units

346 units

Minimum Affordable bedrooms

15% of bedrooms (52)

Minimum Recreation Space

28,845 sq ft

Maximum Impervious Surface Area

331,898 sq ft

Maximum Land Disturbance in the RCD

57,386 sq ft

Vehicular Parking Spaces

580 spaces

Bicycle Parking Spaces

110 spaces

 

Affordable Housing

 

3.      Affordable Housing Plan: That the applicant provide 15 percent of the bedrooms (52) to satisfy the Council’s affordable housing policy and that the applicant agree to implement a transfer fee policy for market rate homes.  The applicant shall enter into a Memorandum of Understanding with the Land Trust and the Town to govern the use of such a fund.  The Affordable Housing Plan shall be reviewed and approved by the Town Manager prior to issuance of Zoning Compliance Permit.

 

Schools Adequate Public Facilities Ordinance

 

4.      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.

Transportation

 

  1. Sight Distance at the Entrance on Martin Luther King Jr. Boulevard: That the final plans and final plat include sight distance triangles at the Martin Luther King Jr. Blvd. driveway.

 

  1. Payment-in-lieu for Traffic Signal Timing Plans: That the applicant provide a payment-in-lieu of $5,000 to the Town to review and revise traffic signal timing plans prior to issuance of a Zoning Compliance Permit for the following intersections:

·        Martin Luther King Junior Blvd. and Hillsborough Street/Umstead Drive

·        Martin Luther King Junior Blvd. and Estes Drive

·        Rosemary Street and Hillsborough Street

·        Rosemary Street and Columbia Street

·        Hillsborough Street and Franklin Street

 

  1. Turning Lane on Hillsborough Street:  That the applicant construct a left-turn lane on Hillsborough Street at the site driveway prior to issuance of the first Certificate of Occupancy provided that right-of-way acquisition from adjacent property owners is not necessary for installation. The design and construction details of the turning lane must be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

  1. Hillsborough Street Bus Pull-off:  That the applicant construct a bus pull-off near the site entrance on Hillsborough Street prior to issuance of the first Certificate of Occupancy, provided that right-of-way acquisition from adjacent property owners is not necessary for the installation. The location, design and construction details, including solar generated power, must be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

  1. Martin Luther King Jr. Boulevard Pedestrian Median-Refuge Island:  That a pedestrian median-refuge island on Martin Luther King Jr. Boulevard be constructed near the site prior to issuance of the first Certificate of Occupancy. The pedestrian median-refuge island location, design, and construction details shall be subject to NCDOT and Town Manager approval prior to issuance of a Zoning Compliance Permit. Alternatively, a payment-in-lieu of construction may be submitted and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The payment shall be refunded if the refuge island is not installed within five years from the approval of the Zoning Compliance Permit.

 

  1. Traffic Calming at North Street and Hillsborough Street:  That the applicant provide a payment-in-lieu of $10,000 to the Town to install traffic calming devices (e.g. overhead flashing lights) at the intersection of Hillsborough St. and North St. or similar traffic calming measures as determined by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

  1. Hillsborough Street Right-of-way Dedication:  That prior to the issuance of a Zoning Compliance Permit the applicant shall dedicate right-of-way to one foot behind the Hillsborough Street sidewalk. That the plat shall be reviewed and approved by the Town Manager prior to recordation.

 

  1. Hillsborough Street Sidewalk: That a 5-foot sidewalk shall be constructed to Town Standards along the Hillsborough Street frontage including ADA compliance ramps prior to issuance of a Certificate of Occupancy.  The sidewalk plans shall be reviewed and approve by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

  1. Retaining Walls: That the final design and location of all retaining walls shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. That land disturbance associated with construction of retaining walls within the Resource Conservation District shall be minimized. 

 

  1. Driveway Construction: That curb and gutter shall be constructed on both sides of the driveway(s) and that such construction shall be complete to Town Standard.  

 

  1. Accessibility Requirements: The applicant shall design all handicapped parking spaces, ramps, and crosswalks, and associated infrastructure according to Americans With Disabilities Act standards, North Carolina Accessibility Code, and Town standard. Code requirements include standards for the number, size and spacing of handicapped spaces, travel distance from parking spaces to buildings, ramp and sidewalk slope and other considerations. That the final design shall be reviewed by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

  1. Cross-Access Easement: That the applicant shall provide a vehicular access easement to the south property line for potential future pedestrian and vehicular cross-access. That the easement shall be reviewed and approved by the Town Manager and recorded at Orange County Register of Deeds prior to issuance of a Zoning Compliance Permit.

 

  1. Bus Transit Improvements: That prior to the issuance of a Certificate of Occupancy, the applicant shall provide the following improvements to the bus transit system:

 

    1. Hillsborough Street bus stop to be improved with a bus-stop shelter and Real Time signage including solar generated passenger information system (if permitted solar orientation) and to be located within the Hillsborough Street right-of-way dedication or an easement.
    2. Martin Luther King Jr. Blvd. bus stop on the east side of the street north of the driveway be improved with a bus-stop shelter, bench, and Real Time signage including solar generated passenger information system (if permitted solar orientation).

 

18.  Bicycle Parking: That the bicycle parking spaces comply with the Class I and Class II bicycle parking standards in the Design Manual.

 

Landscaping and Elevations

 

19.  Landscape Buffers: That the applicant shall provide the following landscape buffers:      

Location

Bufferyard

Martin Luther King Jr. Blvd. & Hillsborough Street

None

All other property lines

Type “B” / minimum 10’ wide

 

 

  1. Landscape Screening and Shading: That the following landscaping standards of the Land Use Management Ordinance be provided:
    1. Section 5.9.6(a): 5-foot wide planting strip around buildings
    2. Section 5.9.6(d): parking lot shading requirements

 

  1. Preservation of Rare Oak Trees: That the 50-inch, 40-inch, and 30-inch DBH oak trees located between Building 4 and the parking lot be protected with temporary chain link tree protection fencing around their critical root zones at a minimum. The location and design of the fencing shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

22.  Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees shall be removed and preserved, critical root zones of all rare and specimen trees, detail of protective fencing including chain link fencing and construction parking and materials staging/storage areas, and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 

 

That the plan shall also provide tree protection fencing for all land disturbances proposed off-site and along the entire limits of disturbance associated with improvements on Hillsborough Street and Martin Luther King Jr. Blvd.

 

  1. 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.

 

  1. Invasive Exotic Plant Management: That the applicant shall provide information for the management of invasive exotic plant growth (including kudzu) and have the management method approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

25.  Building Elevations: That the Community Design Commission shall approve building elevations including the location and screening of all HVAC/Air Handling Units for this project, prior to issuance of a Zoning Compliance Permit.

 

26.  Lighting Plan: 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.

 

27.  Alternative Buffer: That the Community Design Commission shall approve an Alternative Buffer for the southern buffer including the design and materials for the fence.

 

Resource Conservation District

 

  1. Resource Conservation District Encroachment: That a Resource Conservation District Encroachment shall be obtained prior to the issuance of a Zoning Compliance Permit for land disturbance proposed within the Resource Conservation District including driveway widening, erosion and sediment control measures, and stormwater management.

 

  1. Land Disturbance Activity Limited in the Resource Conservation District:  That land disturbance within the Resource Conservation District shall be minimized to the extent necessary in order to construct the permanent stormwater management outfall structure and associated piping, to construct the road entrance, and to install the necessary erosion and sediment control measures for the construction site, subject to review and approval by the Town Manager. Land disturbance within the Resource Conservation District shall be limited to 57,386 square feet.

 

30.  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.”

 

31.  Impervious Surface Limited in the Resource Conservation District: The impervious surface within the Resource Conservation District shall be minimized to the extent necessary in order to construct the driveway improvements, subject to review and approval by the Town Manager. Impervious surface within the Resource Conservation District shall be limited to 30,742 square feet.

 

Environment

 

32.  Steep Slopes:   That prior to issuance of a Zoning Compliance Permit, the applicant shall include a map indicating how development and construction will comply with the steep slopes     regulations in the Land Use Management Ordinance, subject to Town Manager review and approval:

 

·        for slopes of 10 - 15%, site preparation techniques shall be used which

      minimize grading and site disturbance;

·        for slopes of 15 - 25%, demonstrate specialized site design

      techniques and approaches for building and site preparation; and

·        for slopes of 25% or greater, provide a detailed site analysis of soil conditions, hydrology, bedrock conditions, and other engineering or environmental aspects of the site.

 

33.  Energy Efficiency:  That the Final Plans 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. 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 the final plans.

 

34.  Energy Management Plan:  That the final plan application include an Energy Management Plan.  The plan shall: a) consider utilizing sustainable energy, currently defined as solar, wind, biofuels, and hydroelectric power; b) consider purchase of carbon offset credits and green power production through coordination with the NC GreenPower program; c) provide for 20 percent more efficiency that ensures indoor air quality and adequate access to natural lighting, and allows for the proposed utilization of sustainable energy in the project; and that the property owner reports to the Town of Chapel Hill the actual energy efficiency achieved during the period ending one year after occupancy.

 

  1. 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 include low-impact stormwater management solutions and best management practices, such as bio-retention, pervious pavements, underground storage, infiltration trenches, vegetative swales and similar techniques.

 

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 utilizing Town’s Design Manual.

 

  1. Level Spreader within Resource Conservation District:  That the level spreader shall be located within the Resource Conservation District with special attention paid to design of the dissipater at the outfall.

 

  1. Storm Drainageway Easement: That all stormwater management improvements, outside public right-of-way, shall be located inside reserved storm drainageway easements, per Town guidelines, to be approved by the Town Manager prior to recordation.

 

  1. 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 issuance of 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 Orange County Register of Deeds prior to issuance of a Zoning Compliance Permit.

 

  1. 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, shall 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. 

 

  1. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways. During the construction phase, additional erosion and sediment controls may be required             if the proposed measures do not contain the sediment.  Sediment leaving the property is a violation of the Town’s Erosion and Sediment Control Ordinance.

 

  1. Curb Inlets: 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.

 

Recreation

 

  1. Recreation Improvements: That the applicant shall provide 28,845 square feet of recreation space. That the recreation space associated with the pool, clubhouse, bocce court, and fitness center shall be considered suitable recreation space if designed in a manner acceptable to the Town Manager. That if the full amount of required recreation space cannot be provided with the facilities listed above or other facilities approved by the Town Manager, the applicant shall provide a payment-in-lieu of providing the remaining required recreation space. Any such payment amount shall be reviewed and approved by the Town Manager in accordance with the Land Use Management Ordinance. Any recreation payment amount shall be submitted to the Town prior to issuance of a Zoning Compliance Permit.

 

  1. Greenway Easement:  That a blanket greenway easement shall be provided within the Resource Conservation District to be reviewed and approved by the Town Manager and recorded at Orange County Land Records prior to issuance of a Zoning Compliance Permit.

 

Water, Sewer, and Other Utilities

 

44.  Overhead Power Lines: That all proposed or relocated utility lines other then 3-phase electric power distribution lines shall be located underground.   That the existing utilities along Hillsborough Street shall be relocated underground, unless a letter from Duke Energy does not support burial.

 

45.  Utility/Lighting Plan Approval:  That the final utility/lighting plan shall be approved by Orange Water and Sewer Authority, Duke Energy Company, TimeWarner Cable, Public Service Company, AT & T or GTE, and the Town Manager before issuance of a Zoning Compliance Permit.  The property owner shall be responsible for assuring that these utilities, including cable television, are extended to serve the development.

 

46.  OWASA Easements:  That easement documents as required by OWASA and the Town Manager shall be recorded before issuance of a Certificate of Occupancy.

 

47.  OWASA Sub-Metering: That the applicant provide Sub-Metering for water usage and the system be approved by the Town Manager prior to issuance of a Certificate of Occupancy.  

 

State and Federal Approvals

 

48.  State or Federal Approvals:  That any required State or federal permits or encroachment agreements shall be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.

 

49.  NCDOT Approvals:  That plans for improvements to State-maintained roads shall be approved by NCDOT prior to issuance of a Zoning Compliance Permit for the subject phase of development.

 

Fire Safety

 

50.  Driveway Entrances for Fire Access:  That all driveway entrances from Martin Luther King Jr. Blvd. and Hillsborough Street shall be a minimum of 20 feet wide.

 

51.  Bicycle/Pedestrian/Fire Access Path:  That the applicant shall construct two adjacent 8-foot wide off-street bicycle/pedestrian paths within the open area between the buildings. Two adjacent, concrete paths are to be separated by four feet and combined to form a 20-foot fire access. Break-away bollards and roll curbs are to be erected at the entrances to the bicycle/pedestrian/fire access path.

 

52.  Fire Flow Report: That a fire flow report, sealed by an engineer registered in the State of North Carolina, shall be provided for review and approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

53.  Automatic Sprinkler System: That the applicant shall install automatic sprinkler systems in accordance with Town Code.

 

54.  Fire Hydrant Accessibility: That all structures must be located within 500 feet of a fire hydrant. That the applicant maintain a 50-foot maximum distance between fire hydrants and fire department connections, in a clearly visible and accessible location on the street side of buildings.

 

Solid Waste Management and Recycling

 

55.  Solid Waste Management Plan:  That a detailed Solid Waste Management Plan, including a recycling plan and a plan for managing and minimizing construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. That the approved plan shall include the following:

 

·     A detail showing the layout of the recycling collection area. Adequate passage must be provided between the carts at the rear of the compactor and the fence for cart use. The internal fence around the cardboard dumpster be removed and bollards placed behind the dumpster. 

 

·     That the applicant holds pre-demolition and pre-construction conferences with Orange County Solid Waste staff.

 

·     That the applicant holds a deconstruction assessment meeting with Orange County staff concerning the buildings to be removed from this site.

 

·     That the following notes be placed on the final plans: 1. Any gate design will include gate retainers, 2. The user will be responsible for opening gates to the dumpster area on collection days of any material(s) to be collected from this location, 3. If any vehicles are parked in the reuse or recyclable collection vehicle access area, the containers will no receive service until the next scheduled collection day.

 

·     That the collection vehicle access route to any area containing recyclable material collection containers be paved with all-weather, heavy-duty pavement OR the following note be included on the plans and recorded on the plat: “Orange County will not be responsible for any pavement damage that may result from service vehicles.”

 

·     That the applicant contact Orange County Solid Waste to request multi-family recycling services when the residential units are ready for occupants.

 

·     That the revised plans show lighting details that adequately illuminate the recycling and refuse site.

 

·     The intended path of service to/from the recycling carts must be provided and a handicapped service door and ramp be provided for cart access.

 

·     That the applicant contacts Orange County Solid Waste in order to maximize recycling of demolition waste from the existing structures.

 

56.  Number of Recycling Carts: That a minimum of 18 recycling carts shall be provided and location shown on the plans, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

 

Miscellaneous Stipulations

 

57.  Construction Management Plan: That a Construction Management Plan, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit and that no construction traffic be permitted on Hillsborough Street except for work associated within the right-of-way. The construction management plan shall: 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 the applicant shall 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. 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.

 

59.  Construction Sign Required:  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.  A detail of the sign shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

60.  Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), landscape plans, and landscape maintenance plans shall be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable regulations and the design standards of the Land Use Management Ordinance and the Design Manual.

 

61.  Certificates of Occupancy:  That no Certificates of Occupancy shall be issued until all required public improvements are complete; and that a note to this effect shall be placed on the final plats.

 

If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; and 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 that a note to this effect shall be placed on the final plats.

 

  1. As-built Plans:  The applicant shall 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.

 

63.  Traffic Signs:  That the property owners shall be responsible for placement and maintenance of temporary regulatory signs before issuance of any Certificates of Occupancy.

 

64.  New Street Names and Numbers:  That the name of the development and its streets and house/building numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

65.  Vested Right: This Special Use Permit constitutes a site specific development plan establishing a vested right as provided by N.C.G.S. Section 160-185.1 and Appendix A of the Chapel Hill Land Use Management Ordinance.

 

66.  Continued Validity:  That continued validity and effectiveness of this approval shall be expressly conditioned on the continued compliance with the plans and conditions listed above.

 

67.  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 Residences at Grove Park Development.

 

This the ­­­_____ day of ­­___________, 2008.