ATTACHMENT 2

 

RESOLUTION A

(Approving the Special Use Permit Application)

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR AYDAN COURT MULTI-FAMILY DEVELOPMENT

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that Aydan Court Special Use Permit, Multi-Family Development proposed by CAZCO, Inc., on property identified as Durham County Property Identifier Number 9798-03-94-6008, if developed according to the Site Plan, dated February 20, 2007, last revised February 5, 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 Subsection 5.9.7 to modify the parking quantity standards to exceed the maximum number of vehicles allowed by 3.

 

2.      Modification of Subsection 5.3.2 to modify the steep slope regulations to exceed the maximum amount of area (25%) allowed to be disturbed, on slopes greater than 25% grade, by 34.9% (for a total land disturbance of 59.9%).

 

3.      Modification of Section 3.8, Dimensional Matrix Table 3.8-1, to modify the primary and secondary height standards on the condominium building, from 1 to 6 feet on the western side of the site and 1 to 14 feet on the eastern side of the site.

 

This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree because 1) 61% of parking is proposed beneath the buildings, thereby minimizing impervious surface area, 2) steep slopes must be crossed to enter the site to accommodate the NCDOT approved median break on NC-54, and 3) a floor of public parking is being proposed beneath the condominium building, reducing impervious surface.

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for Aydan Court 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 (five years from the date of Council approval).

 

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

 

Gross Land Area

354,180 sq. ft. (5.83 acres)

Total Maximum Floor Area Allowed

180,170 sq ft

Residential Units

58 units

Minimum Affordable Residential Units

15% of market rate dwelling units

Minimum Recreation Space

20,390 sq ft

Maximum Impervious Surface Area

117, 500 sq ft

Maximum Land Disturbance in the RCD

8,900 sq ft

Vehicular Parking Spaces

122 spaces

Handicapped Parking Spaces

Minimum 5 spaces with one van-accessible parking space

Bicycle Parking Spaces

Minimum 60 spaces, or as required by regulations in place at the time of approval.

 

Affordable Housing

 

3.      Affordable Housing Plan: That 15 percent of the constructed units be affordable. The applicant shall submit an Affordable Housing Plan that addresses: 1) the provision of affordable units; 2) the eligibility of owners; 3) the marketing the units; 4) setting rates; 5) the assurance of the time period that units will be affordable; and 6) the assurance that units will remain affordable. The Affordable Housing Plan shall be reviewed and approved by the Town Manager prior to issuance of Zoning Compliance Permit.

 

Transportation

 

4.      Closure of Little John Road Median Break: That the applicant shall close the median break on NC-54 at Little John Road if this closure is not completed by others. The design is subject to NCODT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.

 

5.      Leftover and Left-Turn Lane on Westbound NC-54: That the applicant shall construct a leftover lane on NC-54 at Downing Creek Parkway and construct an exclusive left-turn lane with a minimum of 100 feet of storage and the appropriate taper if these improvements are not built by others. The design is subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.

 

6.      Leftover and Left-Turn Lane on Eastbound NC-54: Construct a left-over on eastbound NC-54 opposite the proposed Aydan Court entrance with an exclusive left-turn lane with 200 feet of storage and appropriate taper. The design is subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.

 

7.      Right-Turn Lane on Westbound NC-54: That the applicant shall construct an exclusive right-turn lane with a minimum of 100 feet of storage and the appropriate taper. The design is subject to NCDOT and Town Manager approval prior to issuance of a Zoning Compliance Permit.

 

8.      Proposed Site Driveway: That the applicant shall construct a two-lane driveway cross-section consisting of one ingress and one egress lane, providing right-in/right-out movement only. The design is subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

 

9.      Accessibility Requirements: The applicant shall provide a minimum of 5 handicapped parking spaces, including one van-accessible handicapped parking space, and 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.

 

10.  Connector Road Stub-out to Western Property Line: That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide an internal street network design that includes a connector road stub-out to the western property line. That 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 a connector road stub-out to the western property line prior to the issuance of a Certificate of Occupancy.

 

11.  Connector Road Stub-out Signage: That signage shall be installed at the connector road stub-out at such time when construction activity associated with the clearing and grading for the connector street road bed is complete. 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 shall include a note stating that “Future development of the adjoining property to the west of Aydan Court will include a roadway connection to Aydan Court at the road stub-out as shown on this final plan/plat”.

 

12.  Connector Road Stub-out Disclosure: That the applicant shall provide a disclosure statement to all purchasers of property and residential units notifying them that the stub-out road from Aydan Court to the University of North Carolina at Chapel Hill Foundation Inc. property to the west will be extended for future development thereby connecting the adjoining properties.

 

13.  Payment-In-Lieu of Transit Improvements: That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide a payment-in-lieu, not to exceed $17,500 for a bus-stop pull-off for an articulated bus, bus-stop shelter and associated amenities, including a pad, bench, real-time signage, solar-powered lighting, and trash can. The funds may be used for transit improvements anywhere in the general proximity to the site, subject to Town Manager approval.

 

14.  Service and Emergency Vehicle Route Improvements: That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide internal streets designed to Town Standard with heavy duty pavement and appropriate turn radii (outside vehicle turning radius of 44 feet and an inside vehicle turning radius of 22.5 feet), to accommodate service vehicle and emergency equipment routes, to be reviewed and approved by the Town Manager.

 

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

 

Landscaping and Elevations

 

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

 

Location

Buffer

Site Frontage (Route 54)

Type “D” 30 ft. wide

All other Property Lines

Type “B” 10 ft. wide

 

17.  Landscape Screening and Shading: That the following landscaping standards of the Land Use Management Ordinance shall be provided:

Section 5.9.6(a): a 5-foot wide planting strip between the condominium building and adjacent surface parking areas.

Section 5.9.6(d): a minimum of 35% vegetative shading in surface parking areas.

 

18.  Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which significant tree stands, rare and specimen trees shall be removed and which shall be preserved, including 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 Town standard landscaping protection notes, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

 

19.  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.

 

20.  Landscape Protection Plan Consistency: That Final Plans shall include a revised Landscape Protection Plan so that sheets 10 and 13 are consistent to accommodate retaining wall construction, subject to Town Manager prior to issuance of a Zoning Compliance Permit.

 

21.  Offsite Landscape Protection Plan: That the applicant shall provide an offsite Landscape Protection Plan for the proposed off-site sewer construction, across the adjacent property owned by the University of North Carolina, to the OWASA pump station approximately 1,100 feet to the west, subject to Town Manager prior to issuance of a Zoning Compliance Permit.

 

22.  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.

 

23.  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.

 

24.  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.

 

Resource Conservation District

 

25.  Resource Conservation District Encroachment: That a Resource Conservation District Encroachment for all on-site and off-site work pertaining to the development, shall be obtained from the Town as part of Final Plan Approval for the land disturbance proposed within the Resource Conservation District including erosion and sediment control measures for the construction site and a driveway crossing of the intermittent stream with culvert and headwall construction.

 

26.  Land Disturbance Activity Limited in the Resource Conservation District:  That all on-site and off-site land disturbance within the Resource Conservation District shall be minimized to the extent necessary to construct the driveway entrance, the off-site sewer, 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 on-site within the Resource Conservation District shall be limited to approximately 8,900 square feet.

 

27.  Resource Conservation District Boundaries:  That the on-site and off-site 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.”

 

28.  Impervious Surface Limited in the Resource Conservation District: The on-site 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 on-site within the Resource Conservation District shall be limited to approximately 3,600 square feet.

Environment

 

29.  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 from the first inch of precipitation utilizing the Town’s Design Manual.

 

30.  Stormwater Management Performance Criteria: The applicant shall demonstrate compliance with the stormwater management performance criteria of the Land Use Management Ordinance for water quality, stormwater volume control, and stormwater runoff rates.

 

31.  Stormwater Facilities, Easements, and Operations and Maintenance Plans: All stormwater detention, treatment and conveyance facilities located above and below the ground shall be contained within an easement entitled:  “Reserved Stormwater Facility Easement Hereby Dedicated” 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. A copy of 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.

 

·         All engineered stormwater management control, treatment, and conveyance structures above and below the ground shall be wholly located within an easement entitled: "Reserved Stormwater Facility Easement Hereby Dedicated" 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.

 

·         Unless specifically designated as being "Public" and accepted by the Town of Chapel Hill, the "Reserved Stormwater Facility Easement(s)" and the facilities it/they protect are considered to be private, with the sole responsibility of the owner to provide for all required maintenance and operations as approved by the Town Manager.

 

·         The Reserved Stormwater Facility Easement and the Operations and Maintenance Plan are binding on the owner, heirs, successors, and assigns.

 

32.  Stormwater Operations and Maintenance Plan Recordation: Prior to issuance of a Certificate of Occupancy (C/O), a Stormwater Operations and Maintenance Plan, signed by the owner and recorded by the Durham County Register of Deeds, shall be provided for the proposed stormwater management facilities and submitted to the Stormwater Management Engineer for approval. A schedule of inspection and maintenance tasks shall be included.

 

33.  Approved Water Quality Devices: All water quality devices shall be identified in the Stormwater Impact Statement and on the plans as a Town-approved water quality structures.

 

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

 

36.  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.

 

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.

 

37.  Erosion Control 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 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.

 

38.  Erosion Control: The applicant shall provide a copy of the approved erosion and sediment control permit from Orange County Erosion Control Division prior to receiving a Zoning Compliance Permit.

 

39.  Curb Inlets: The applicant shall provide pre-cast curb inlet hoods and covers stating, "Dump No Waste!  Drains to Jordan Lake", in accordance with the specifications of the Town Standard Detail SD-5A, for all new curb inlets for private, Town and State rights-of-way.

 

40.  Energy Efficiency:  That the applicant shall provide Final Plans notes that indicate the approved development 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. Energy efficiency shall be a minimum of 20% above the baseline requirements of ASHRAE 90.1, 2004 for the Condominium Building and the North Carolina Residential Building Code for 1 and 2 family dwellings (Sections 1101-1104 for the townhouses, as amended and in effect at the time of building permit issuance. That the applicant shall provide sealed engineering calculations certifying energy efficiency performance to the Town Manager no more than 60 days after the issuance of the first Certificate of Occupancy.

 

41.  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.

 

42.  Solar Collection Devices: That the homeowners associations, or similar entities, 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.

 

Recreation

 

43.  Recreation Improvements: That the applicant shall provide a 10-foot-wide greenway trail / bicycle path across the approximately 530-foot frontage of the Aydan Court site and 1,500 feet frontage of the UNC-Chapel Hill Foundation Inc. property to the west, designed to American Association of State Highway and Transportation Officials (AASHTO), American Disability Act (ADA), and Town standards, with grades no greater than five percent and designed to support the weight of a vehicle. The proposed trail shall be reviewed and approved by the Town Manager and NCDOT prior to the issuance of a Zoning Compliance Permit.

 

44.  Greenway Encroachment Agreement:  That the applicant shall obtain an encroachment agreement from NCDOT to accommodate the bicycle and pedestrian trail that traverses the southern part of the site, build the trail, and that the following users be entitled to use this public trail: pedestrians, users of non-motorized vehicles, and motorized wheelchairs.

 

Water, Sewer, and Other Utilities

 

45.  Sewer Line Construction: That all plans be approved by OWASA and constructed according to their standards. Where sewer lines are located beneath drive aisles and parking areas construction methods approved by OWASA shall be employed, to ensure that sewer lines will not be damaged by heavy service vehicles. Final plans shall be approved by OWASA and the Town Manager prior to issuance of a Zoning Compliance Permit.

 

46.  Overhead Power Lines: That all proposed or relocated utility lines other then 3-phase electric power distribution lines shall be located underground.

 

47.  Utility/Lighting Plan Approval:  That the final utility/lighting plan shall be approved by Orange Water and Sewer Authority, Duke Energy Company, Time Warner 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.

 

48.  OWASA Easements:  That easement documents as required by OWASA and the Town Manager shall be recorded prior to issuance of a Zoning Compliance Permit.

 

49.  Offsite Construction Plans: That the applicant provide plans for off-site construction for the proposed extension of the OWASA sewer line to the northwest of the site, subject to Town Manager and OWASA approval, prior to issuance of a Zoning Compliance Permit.

 

State and Federal Approvals

 

50.  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.

 

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

 

Fire Safety

 

52.  Firefighting Equipment Access: That Final Plans shall clearly indicate emergency fire access for the Town’s firefighting equipment to within 150 feet of all exterior points of the proposed buildings. This access shall be unobstructed, constructed of an all-weather surface, and shall be designed to carry the imposed load of the Town’s firefighting equipment (75,000 lbs). Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

53.  Fire Apparatus Access and Road Design: That Final Plans shall include the following note, “Any and all roads, driveways or dedicated fire lanes used for fire department access shall be all-weather and designed to support to carry the imposed load of fire apparatus weighing 75,000 lbs. Fire access roads shall have a minimum width of 20 feet with overhead clearance of 13 ft. 6 in.” Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

That the Final Plan application shall include designs of all turn radii, bridges, and depressions within roadways to be accessible by the largest fire apparatus operated by the Town of Chapel Hill. That Final Plans shall also include details for signage, bollards, and/or pavement markings used to prevent parking that would hinder fire apparatus access. Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

54.  Fire Hydrant and FDC Locations: That Final Plans indicate the locations of existing and proposed fire hydrants and Fire Department Connections (FDC). Fire Department Connections shall be located on the street side of the building within 150 feet of a hydrant. Hydrant spacing shall comply with the Town Design Manual. Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

55.  Fire Apparatus Access and Service During Construction: That Final Plans shall include the following note, “When fire apparatus access roads or a water supply for fire protection are required to be installed, such protection shall be installed  and made serviceable prior to and during the time of construction, except when approved alternate means of fire protection are provided.” Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

56.  Fire Prevention During Demolition and Construction: That Final Plans shall include the following note, “During demolition and/or construction, all aspects of Chapter 14 of the NC Fire Prevention shall be followed. The owner/developer shall designate one person to be the Fire Prevention Program Superintendent who shall be responsible for enforcing Chapter 14 of the NCFPC and the on-site fire prevention program and ensure that it is carried out through completion of the project.” Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

57.  Firefighting Equipment Access During Construction: That Final Plans shall include the following note, “During construction, firefighting vehicle access shall be provided. Temporary street signs shall be installed at each street intersection when construction allows the passage of vehicles. Signs shall be of an approved size, weather resistant and maintained until replaced by permanent signs.” Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

58.  Fire Flow Report: That the Final Plan application shall include a fire flow report sealed by an Engineer registered in the State of North Carolina. Fire flow shall meet the required flow set forth in the Town Design Manual. Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

59.  Automatic Sprinkler System: That the applicant shall install an automatic sprinkler system in accordance with Town Code subject to Town Manager review and approval prior to issuance of a Zoning Compliance Permit.

 

60.  Fire Hydrant Accessibility: That all structures must be located within 500 feet of a fire hydrant. That the applicant shall 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, subject to Town Manager review and approval prior to issuance of a Zoning Compliance Permit.

 

Solid Waste Management and Recycling

 

61.  Refuse Facilities: That the applicant shall provide space for two solid waste refuse collection dumpsters in the event that public collection service is desired in the future, subject to Town Manager prior to issuance of a Zoning Compliance Permit.

 

62.  Dumpster Pad Grade: that the applicant revise the grading plan and design a dumpster pad and approach area that are on a consistent grade that does not exceed 5%, subject to Town Manager prior to issuance of a Zoning Compliance Permit.

 

63.  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 Final Plans shall include the following:

 

a.       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.”

 

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

 

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

 

d.      Note: “If the recyclables collection vehicle access area is blocked by parked vehicles, the containers will not receive service until the next scheduled collection day.”

 

e.       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.

 

64.  Recycling Details: That the applicant shall provide an outdoor loading area for the recycling carts designed for the condominium building and signed to say “For temporary storage of recycling carts on collection day only.” That this loading area shall be near the entrance drive to the condominium under building parking (on the building side of the drive aisle) parking lot side of the entrance to the parking deck, to facilitate refuse truck movement. That the area shall be shown on Final Plans and if necessary a ramp shall be provided to avoid the need to pull carts over a curb (ADA style curbcut desired).  Such plans and construction details shall be submitted to and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

65.  Final Plan Notes: That the applicant shall place the following notes on Final Plans prior to issuance of a Zoning Compliance Permit:

 

a.       That the applicant hold a pre-construction conferences with Orange County Solid Waste staff.

b.      Any gate design shall include gate retainers.

c.       The user shall be responsible for opening gates to the dumpster area on collection days of any material(s) to be collected from this location.

d.      By Orange County Ordinance, clean wood waste, scrap metal and corrugated cardboard, all present in construction waste, must be recycled.

e.       By Orange County Ordinance, all haulers of construction waste shall be properly licensed.

f.       Prior to any construction activity on the 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.

g.       If any vehicles are parked in the refuse or recyclables collection vehicle access area, the containers will not receive service until the next scheduled collection day.

 

Miscellaneous

 

66.  Recordation of Plat and HomeOwners’ Association Documents: That the applicant shall include a note on plans, shall record a plat and shall record Home Owners’ Association (HOA) documents that includes a statement notifying potential property owners that the subject site is adjacent to a state wildlife area on which hunting is permitted.

 

67.  Hunting Safety Signs: That the applicant shall provide notification signs, no smaller than 18” x 24”, posted every 50 feet along the eastern property, adjacent to the Upper Little Creek Waterfowl Impoundment that clearly delineates the property line, stating that no hunting is allowed on the Aydan Court site, and that guns may not be discharged within 150 yards (450 feet) of the Aydan Court residential buildings.

 

68.  Construction Management Plan: That a Construction Management Plan, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 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.

 

69.  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.

 

70.  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 32 square feet of display area and maximum height of 8 feet. (§5.14.3(g) of LUMO). 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.

 

71.  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.

 

72.  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.

 

73.  As-Built Plans:  That prior to the issuance of a Certificate of Occupancy, 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.

 

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

 

75.  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.

 

76.  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.

 

77.  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.

 

78.  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 Aydan Court Development.

 

This the _____ day of__________, 2008.