REVISED RESOLUTION A
(Approving the Special Use Permit Application)


A RESOLUTION APPROVING AN APPLICATION FOR A PLANNED DEVELOPMENT-HOUSING SPECIAL USE PERMIT FOR SOUTH GROVE DEVELOPMENT (2008-05-19/R-8a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Planned Development-Housing Special Use Permit application proposed by the Oldham Associates, LLC, on property identified as Orange County Parcel Identifier Number 9776-89-7469, if developed according to the site plans dated May 22, 2007, revised January 28, 2008 and February 25, 2008 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 modifications satisfy public purposes to an equivalent or greater degree:

  1. Modification of Table 5.6.6-1 of the Land Use Management Ordinance, to delete the requirement for internal bufferyards along the northern, eastern and southern property lines.

This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree in order to provide four affordable housing units.

  1. Modification of Section 4.5.3(n) of the Land Use Management Ordinance, to delete the requirement for Community Design Commission review of building elevations and lighting plans.

This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree because it would support consistency in application of regulations, given that this development will appear and function as a single-family subdivision, and Community Design Commission review of building elevations and lighting plans is not required for single-family subdivisions.

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

Stipulations Specific to the Development

  1. That construction begin by May 19, 2010 and be completed by May 19, 2018.
  2. Land Use Intensity:
    3. Gross Land Area Approximately 39.99 Acres*
    Total Maximum Floor Area 77,095 **
    Maximum Residential Units 26 units
    Number of Residential Lots 26
    Affordable Residential Units as a Percentage of Total Residential Units 15% (4 units)
    Minimum Recreation Area Approximately 35,792 square feet*
    Maximum Impervious Surface Area 288,030 square feet, unless stormwater facilities are expanded or added

    * Land area figures to be confirmed by a sealed survey prior to issuance of a Zoning Compliance Permit.

    ** Floor area limit may be increased or unlimited in accordance with the Planned Development-Housing intensity provisions in the Land Use Management Ordinance in effect at the time of the Special Use Permit approval.

    This Special Use Permit authorizes subdivision and creation of 26 single-family lots.

    This Special Use Permit document shall be referenced on the final plat.

  3. No Water and Sewer Extension:  That final plans and plats shall include notes alerting potential lot owners that public water and public sewer service from the Orange Water and Sewer Authority cannot be extended to this site.
  4. Septic System Areas:  The design and siting of individual and shared septic system sites, including reserve fields, must be approved by the Orange County Health Department prior to issuance of a Single-Family Zoning Compliance Permit, and must meet all applicable county and state regulations. 

    5. Septic area easements and related access easements for septic areas not located on a residential lot must be deeded to the Homeowners’ Association, and the Homeowners’ Association shall be responsible for the maintenance and operation of the systems and easements.  A tri-party agreement, to be recorded with the final plat, shall address responsibilities for ownership, maintenance, operation, and repairs of the shared system and easements.

    The septic system shall be subject to regular inspection, monitoring, testing, and reporting by a state-certified system operator, and must remain in compliance with all applicable state and county regulations. 

  5. Community Water Well:  The siting and design of the well must be approved by the State’s Division of Water Quality, Public Water Supply Section prior to the issuance of a Building Permit for the first single-family home. The area of a radius of at least 100 feet around the well must be owned, controlled, and maintained by the Homeowners’ Association.  The potable water system shall be designed and constructed in accordance with state and county regulations, and operated, monitored, tested, and maintained by a licensed well water system operator, with oversight by the county and state.
  6. Cemetery Protection:  That the cemetery be fenced to protect it from recreation activities; and that the applicant demonstrate compliance with all applicable local, state, and federal regulations regarding cemetery preservation.

    7. Affordable Housing

  7. 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 15% of the housing units in Oldham Development as long-term affordable housing, specifically lots 5, 6, 18, and 24;
    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; 

    These restrictions shall be recorded and cross referenced on the final plat.

    The affordable housing units shall be the sixth, twelfth, eighteenth, and twenty-fourth units constructed in the development.

    Fees for landscaping maintenance for the common area shall be waived for the owners of the affordable homes. 

  8. Septic Pumping Cost Offset:  That the affordable units shall be sold to the affordable housing provider for $136,000 each, yielding a savings of $1,000 per unit, to be put into a “stewardship fund” by the affordable housing provider for replacement of septic pumps for the affordable units in the future, should that become necessary.

    9. Fire Protection

  9. Sprinkler System for Each House:  That prior to issuance of a Certificate of Occupancy, each single family dwelling unit must be equipped with a residential sprinkler system meeting the requirements of Section 13D of the National Fire Protection Association Standards.

    10. Transportation

  10. Driveway Restrictions:  There shall be no driveway access from U.S. Highway 15-501 South.
  11. Shared Driveway Access Easements:  That shared driveway access easements shall be included on the final plans and the recorded final plat.
  12. Internal Streets:  That all new internal streets shall be built to North Carolina Department of Transportation subdivision street standards, with a minimum 22-foot wide road within a 50-foot wide public right-of-way.  The final design and construction of the roadway will be reviewed and approved by the NCDOT and the Town Manager prior to the issuance of a Zoning Compliance Permit.
  13. Surface of the Path Network:  That the paths proposed for the common areas and recreation area be covered with a permeable surface such as permeable pavement or mulch.
  14. Right-of-Way Dedication: That prior to the issuance of a Zoning Compliance Permit, the Town Manager shall review and approve a plat dedicating a 50-foot public right-of-way for the internal streets.  That the plat shall be recorded prior to the issuance of a Zoning Compliance Permit.
  15. Road Stub-out to Adjacent Property: That the applicant shall construct a road stub-out to the northern property line.  
  16. Road Stub-out Signage: At such time as the applicant completes construction activity associated with the clearing and grading for the street road bed, signage shall be installed by the developer and located at the northern end of the 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.  The final plat, final plans, and Homeowners’Association documents shall include a note stating that “Future development of the adjoining property will include the extension of the road stub-out as shown on this final plan/plat.”  The signage shall be maintained by the Homeowners’Association.
  17. Road Stub-out Notification: That the applicant shall submit to all purchasers of property and residential units a statement that discloses the proposed extension of the road stub-out, specifying that the road will be extended for future development into the adjoining properties.
  18. Road Maintenance:  Until such time that NCDOT assumes ownership of the internal streets, the Homeowners’ Association shall be responsible for the maintenance of the proposed internal subdivision roads.   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.
  19. 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 for the subject phase of development.
  20. Pavement Marking Plan: That the applicant shall submit a signage and pavement marking plan to be approved by the NCDOT prior to issuance of a Zoning Compliance Permit.  The signs and pavement markings shall be installed by the applicant prior to issuance of the first Certificate of Occupancy for a structure on the new lots.

    21. Recreation

  21. Recreation Area and Payment-in-Lieu:  That the developer shall provide a payment-in-lieu in the amount of approximately $50,105 to the Town prior to issuance of a Zoning Compliance Permit.  In addition, the location of the recreation area of approximately 35,792 square feet shall be reviewed and approved by the Town Manager.   

    22. The land area figures for calculating the payment-in-lieu amount and on-site recreation area must be confirmed by a sealed survey prior to issuance of a Zoning Compliance Permit.

    Landscaping and Architecture

  22. Required Buffers: That the following landscape buffer 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:

    23. Landscape Buffer

    Location
    Required Buffer
    Western Boundary (US 15-501 South) 30’ Type “D” External Buffer

  23. Alternative Buffers: Any proposed alternative landscape buffer shall be reviewed and approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit, including the proposed wall, gazebo, lighting plan for the gazebo, and landscaping plan.
  24. 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.
  25. Landscape Protection Plan: That a detailed Landscape Protection Plan, for development of the street, sidewalks, recreation area, community water well and other public improvements, 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. 
  26. 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. 
  27. Utility Easements: All utility easements shall be located outside the required buffers, except for perpendicular crossings, subject to Town Manager approval.

    28. Environment

  28. 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 utilizing North Carolina Division of Water Quality design standards.
  29. 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.
  30. 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.
  31. 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.
  32. Comprehensive Stormwater Management Plan:  That a comprehensive Stormwater Management Plan shall be developed for the shared stormwater management facilities.  In addition, some lots will require individual stormwater facilities. The shared stormwater management facility shall be designed to handle stormwater from all of the site except for these particular lots.  An individual stormwater management plan must be submitted and approved by the Town Manager prior to issuance of a Single-Family Zoning Compliance Permit for each of the lots requiring its own stormwater management facility.
  33. Impervious Surface Limit and Notification:  The final plans and final plat shall identify the impervious surface limit for each lot.  An impervious surface tally sheet shall be submitted with all final plans, plats, Single-Family Zoning Compliance Permits, Building Permits, and Certificates of Occupancy applications. The applicant shall submit to all purchasers of property and residential units a statement that discloses the impervious surface limits associated with each lot.  Impervious surface limits may be later adjusted with final plans or Single-Family Zoning Compliance Permit with Town Manager approval.
  34. 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.
  35. 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.

    36. 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. 

  36. Silt Control: That the applicant shall take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

    37. Stipulations Related to Steep Slopes

  37. Steep Slopes: That all Final Plan applications, including the Single-Family Zoning Compliance Permits, shall demonstrate compliance with the steep slopes regulations in the Land Use Management Ordinance.  The application shall include a plan showing residential building areas and street segments on slopes of 10% or more.  The plan shall indicate how the development and construction will comply with the steep slopes regulations in the Land Use Management Ordinance including:
    1. for slopes of 10 – 15%, site preparation techniques shall be used which minimize grading and site disturbance;
    2. for slopes of 15 – 25%, demonstrate specialized site design techniques and approaches for building and site preparation; and
    3. 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.

    Prior to the issuance of a Zoning Compliance Permit the Town Manager shall approve a steep slope plan.

    Steep slope restrictions shall be referenced in the Homeowners’ Association documents.

    Homeowners’ Association

  38. Homeowners’ Association: That a Homeowners’ Association shall 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 four affordable home owners shall be responsible for all homeowners’ association fees except landscaping fees for the common areas.  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.
  39. Homeowners’ Association Responsibilities:  The Homeowners’Association shall be responsible for the maintenance, repair, and operation of required bufferyard(s), open space, recreation areas, paths, community water well, shared stormwater management facilities, septic system easements and related access easements, and any fire protection facilities such as hydrants, shared water tanks or reservoirs.  The Homeowners’ Association shall also be responsible for maintaining the road stubout signage.
  40. 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 the community water well; cemetery;  recreation space; open space and common areas; the bufferyard, decorative wall, and gazebo along the highway frontage; and stormwater management facilities. That the Homeowners’Association shall be responsible for the maintenance of the proposed internal subdivision roads until the NCDOT assumes ownership of the internal streets. 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.

    41. Utility and Services

  41. 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.

    42. Collection of solid waste, other than recyclables, shall be provided by a private contractor.  Recycling service shall be provided by Orange County.

  42. 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.
  43. Utility Plan Approval: That the final Utility Plan shall be approved by Duke Energy or Progress Energy, AT&T, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.
  44. 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.
  45. Energy Managment Plan: That the applicant shall include an Energy Management Plan (EMP) in the Final Plan application, in standard EMP format as approved by the Town Manager, to include consideration of using sustainable energy, currently defined as solar, wind, biofuels, and hydroelectric power, in the proposed development.  The Energy Management Plan shall include consideration of the purchase of carbon offset credits and green power production through coordination with the NC GreenPower program.  The Energy Management Plan shall provide for an acceptable level of increased energy efficiency that ensures positive indoor air quality and adequate access to natural lighting, and allows for the proposed utilization of sustainable energy in a development.  The Energy Management Plan shall be subject to approval by the Town Manager.  For each home, sealed engineering calculations which certify compliance with the energy efficiency performance standards shall be submitted to the Town Manager no more than 30 days after issuance of a Certificate of Occupancy. 

    46. Miscellaneous Stipulations

  46. 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 clotheslines.
  47. Construction Management Plan: That a Construction Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. That the construction management plan:1) 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.
  48. 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.
  49. 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.
  50. 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.
  51. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.
  52. Plant Rescue: That the applicant consider conducting plant rescue activities on the site prior to initiation of development activity.
  53. 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.
  54. Final Plat Recordation: That prior to issuance of the first Zoning Compliance Permit or Building Permit, a final plat for the residential lots and public right-of-way shall be reviewed and approved by the Town Manager and recorded in the Orange County Register of Deeds office.  The final plat shall reference the recorded Special Use Permit document authorizing this development.
  55. 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.
  56. 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.

    57. 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.

  57. 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.
  58. 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.
  59. 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.
  60. 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.
  61. Continued Validity:That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
  62. 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 South Grove Development.

This the 19th day of May, 2008.