REVISED RESOLUTION A
(Approving the Special Use Permit Application)

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT FOR THE UNC INNOVATION CENTER (2009-01-26/R-10a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by the University of North Carolina at Chapel Hill, on property identified as Orange County Parcel Identifier Number 9779-88-6375; if developed according to the site plans dated April 30, 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 that the Town Council hereby approves the application for a Special Use Permit for the UNC Innovation Center for a building containing college/university use, office-type business, research and limited supporting functions, in accordance with the plans listed above and with the conditions listed below:

  1. Modification of Subsection 5.6.2 and 5.6.6 of the Land Use Management Ordinance, to allow landscaping which does not meet the opacity standards of a Type “D” Landscape Buffer along the Martin Luther King Jr. Boulevard frontage.  This finding is based on the determination that public purposes can be better achieved because the applicant is proposing a landscape theme that is pedestrian, bicycle, and transit-friendly, attempting to connect the building to proposed sidewalks, bikeways, and transit stops.
  2. If the property encumbered by this Special Use Permit subsequently becomes the subject of a Development Agreement and/or Master Land Use Plan, then the terms of this Special Use Permit may be modified or superseded by the terms of the Development Agreement and/or Master Land Use Plan, if agreed upon by both parties.

General Stipulations for Development

  1. Construction Deadlines:  That construction begin by January 26, 2011 and be completed by January 26, 2013.
  2. Land Use Intensity:
    3. Gross Land Area 7.98 acres
    Total Maximum Floor Area 80,745 square feet
    Vehicle Parking Spaces 214
    Maximum Impervious Surface Area 164,325 square feet, unless stormwater facilities are expanded or added

  3. Ad Valorem Taxation:  That so long as the Innovation Center building is privately owned, the building shall be subject to ad valorem taxation per North Carolina General Statutes.  In addition, in the event the building reverts to public ownership and subsequently is transferred back to private ownership, it shall again be subject to ad valorem taxation for any periods in which it is held in private ownership.
  4. Prohibition of Application for Tax-Exempt Status:  That so long as the building is privately owned by a for-profit entity, and that entity is, under future taxation law, considered to be eligible to apply for tax-exempt status, the entity shall not apply for tax-exempt status during this 40-50 year period.  The University shall inform the Town Manager and the Orange County Tax Assessor annually as to who owns the building and whether the owner is tax exempt.

    5. Transportation

  5. Closure of Existing Curb Cut and Closure of Public Access to Property to the North:  That the existing curb cut for Municipal Drive shall be closed at the intersection with the new entrance drive and the immediate area around the restored curb shall be landscaped to prevent access.   The new entrance drive shall not provide direct access to the existing asphalt and gravel pavement on property adjacent to the north of the proposed Special Use Permit boundary.
  6. New Access Drive:  That the new access drive (relocated Municipal Drive) shall be designed and built to Town standards, and to accommodate transit service, with the understanding that initially the road will be owned and maintained by the University, but may later be dedicated as a public roadway.  The final design of the roadway for this project shall be reviewed and approved by the Town Manager and NCDOT prior to the issuance of a Zoning Compliance Permit.  The construction must be completed prior to occupancy of the building.
  7. Sidewalk Along Martin Luther King Jr. Boulevard:  That prior to occupancy of the building, a public sidewalk with a minimum width of 5 feet shall be built along the west side of Martin Luther King Jr. Boulevard from Estes Drive to the existing bus stop just north of the northern boundary of the Innovation Center development.  The location and design of the sidewalk shall be consistent with the NC 86 Bicycle and Pedestrian Corridor Plan.  The final design of the sidewalk plans must be reviewed and approved by the Town Manager and N.C. Department of Transportation prior to the issuance of a Zoning Compliance Permit.  The University shall be responsible for the perpetual maintenance of the sidewalks.  Public access shall be provided for sidewalk sections that are not located in public right-of-way.
  8. Sidewalk Along the Entrance Drive:  That prior to the occupancy of the building, a sidewalk with minimum width of 5 feet shall be built along the northern edge of the new drive (relocated Municipal Drive) from Martin Luther King Jr. Boulevard to the western boundary of this development.  The final design of the sidewalk plans must be reviewed and approved by the Town Manager and N.C. Department of Transportation prior to the issuance of a Zoning Compliance Permit.  The University shall be responsible for the perpetual maintenance of the sidewalks.   Public access shall be provided for sidewalk sections that are not located in public right-of-way.
  9. Bike Lane and Curb and Gutter:  That prior to occupancy of the building , the applicant shall install  a 5-foot bike lane and curb and gutter along the University property frontage on western side of Martin Luther King Jr. Boulevard, with the design approved by the Town Manager and NCDOT; or prior to the issuance of a Zoning Compliance Permit, the applicant shall provide a payment for the same, with the payment based on  design consistent with the NC 86 Bicycle and Pedestrian Corridor Study Plan, with the design to be reviewed and approved by the Town Manager and NCDOT.
  10. Pedestrian Refuge Island in Martin Luther King Jr. Boulevard:  That prior to the issuance of Zoning Compliance Permit, the applicant shall provide a payment of $50,000 for construction of a pedestrian refuge island in Martin Luther King Jr. Boulevard between Piney Mountain Road and Estes Drive.
  11. Street and Sidewalk Lighting Plans:  That prior to occupancy of the building, the applicant shall design and install street lights along the property frontage on west side of Martin Luther King Jr. Boulevard including the intersection of Piney Mountain Road.  Pedestrian lighting shall also be provided for the sidewalk at any location where conditions warrant additional illumination for the pedestrians. The design and construction must be reviewed and approved by the Town Manager, N.C. Department of Transportation, and Duke Energy.  The Town shalll be responsible for the operating costs of the lights installed in the public right-of-way.
  12. Traffic Signal Improvements at Martin Luther King Jr. Boulevard and Piney Mountain Road Intersection: That prior to occupancy of the building, the applicant shall upgrade the existing traffic signals with:
  13. Traffic Signal Improvements at Martin Luther King Jr Boulevard and Estes Drive Intersection: That prior to occupancy of the building, the applicant upgrade the existing traffic signal with:
    • pedestrian amenities on all approaches of the intersection including street imprint for all crosswalks,  countdown heads, and audible pedestrian signals; 
    • bicycle activated loops on side streets (both legs of Estes Drive); and
    • New traffic signals phasing as determined by the Town Manager and N.C. Department of Transportation.

    The design of the improvements shall be reviewed and approved by the Town Manager and NCDOT prior to the issuance of a Zoning Compliance Permit.

  14. Pedestrian and Bicycle Path:  That a pedestrian and bicycle path shall be provided from the new parking lot to the bus stop on the west side of Martin Luther King Jr. Boulevard, just south of the southern boundary of this Special Use Permit. That the final design and location of this path shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
  15. Right-of-Way Dedication:   That at such time as deemed appropriate by the Town Manager, NCDOT and the Town Manager shall review and approve a plat for the purpose of UNC’s dedication of public right-of-way along Martin Luther King Jr. Boulevard with a width and location mutually agreed upon by the applicant, the Town, and NCDOT. That the plat shall be recorded in the Orange County Register of Deeds Office. 
  16. North Carolina Department of Transportation Approvals:  Plans for improvements to State-maintained streets shall be approved by North Carolina Department of Transportation prior to issuance of a Zoning Compliance Permit or as authorized by a phasing plan approved by the Town Manager.
  17. Payment for Martin Luther King Jr. Boulevard Signal Timing Improvements:  That prior to issuance of a Zoning Compliance Permit, the applicant shall make a $7,000 payment to the Town for signal timing adjustments for signals along the section of Martin Luther King Jr. Boulevard from Piney Mountain Road to Estes Drive.
  18. Pavement Marking Plan:  That the applicant shall submit a signage and pavement marking plan to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The signs and pavement markings shall be installed by the applicant prior to occupancy of the building.  The pavement marking plan may be amended in the future with authorization from the Town Manager. 
  19. Bus Stop:  That prior to occupancy of the building, the applicant shall make a payment of $25,700 to the Town for improving  bus stop(s) on Martin Luther King Jr. Boulevard between Estes Drive and Timber Hollow Court.
  20. Transportation Management Plan:  A Transportation Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  This plan shall be updated and approved annually by the Town Manager.  The required components of the Transportation Management Plan shall include:
    • Provision for designation of a Transportation Coordinator;
    • Provisions for an annual Transportation Survey and Annual Report to the Town Manager;
    • Quantifiable traffic reduction goals and objectives;
    • Ridesharing incentives;
    • Public transit incentives; and
    • Other measures subject to approval by the Town Manager.
    • Lockers and showers shall be provided in the new building.

    21. Parking

  21. Bicycle Parking Spaces:  That the applicant proved a minimum of 22 bicycle parking spaces and that the spaces comply with Class I and Class II town standards. However, if the Council adopts a text amendment creating bicycle parking standards for university use prior to approving this Special Use Permit application, the new bicycle parking standards shall apply.
  22. Parking Lot:  That the parking lot, for 214 vehicular spaces, be constructed to Town standards for pavement and design.

    23. Landscaping and Architecture

  23. Parking Lot Landscaping:  That the applicant will provide a detailed landscaping plan which includes the following features:
    • a 5-foot wide planting strip between building and adjacent surface parking areas;
    • a 3-foot high screening device between ground-level parking and adjacent streets; and
    • a minimum of 35% vegetative shading in surface parking areas.
  24. Building Elevations and Lighting Plan:  That detailed building elevations and a lighting plan, including proposed energy efficient and light cutoff features be submitted for Community Design Commission approval, prior to the issuance of a Zoning Compliance Permit, for: 1) building elevations, including the location and screening of all HVAC/Air Handling Units, and 2) a lighting plan to ensure that the proposed lighting plan will minimize A) upward light pollution and B) offsite spillage of light.

    25. Environment

  25. 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 the use of porous pavement.  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.

    26. The stormwater management plan shall show how stormwater runoff will be conveyed to the proposed stormwater management facilities and then discharged further along the proposed integrated “treatment train” system; and show the points of off-site discharge from the management facilities.

  26. Stormwater Facility Prohibited in the Public Right-of-Way:  That all stormwater structures and associated infrastructure shall be located outside of existing or proposed rights-of-way as well as outside of all building setbacks. 
  27. Storm Drainage Way That all stormwater management structures outside the public right-of-way shall be located inside reserved storm drainageways and shown on the final plans and final plat, per Town guidelines.
  28. 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. 
  29. Wetlands Identification and Permitting:  That any regulatory wetlands be identified and necessary state and federal permits obtained prior to issuance of a Zoning Compliance Permit.
  30. 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.
  31. 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 State Department of Environment, Health and Natural Resources, or appropriate successor agency, and a copy of the approval be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit.
  32. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
  33. Energy Management PlanThat an Energy Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  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. Building tenants shall be provided with energy-saving design and construction guidelines for tenant education and possible implementation. 
  34. Leadership in Energy and Environmental Design (LEED) Technologies:
    1. That the applicant shall submit evidence (U.S. Green Building Council certificate) that at least one member of each of the following is a LEED accredited professional:  developer, architect, mechanical/electrical/plumbing engineer.
    2. That the applicant shall provide evidence that the project is registered with the USGBC LEED-CSv2.0 program and is applying for LEED certification.  The applicant shall provide evidence of engagement with a third party LEED consultant.
    3. That the applicant shall provide evidence that the building will be commissioned following the Enhanced Commissioning requirements of LEED-CSv2.0 Energy and Atmosphere Credit 3.
    4. That the applicant shall develop a Green Technology Probability Matrix for the green technological elements anticipated to earn credit points under LEED certification.
    5. That the applicant shall provide evidence that the technologies proposed in the UNC Innovation Center Green Technology Matrix with an implementation probability of 90% or greater are included in the USGBC LEED – CSv2.0 application, or provide an acceptable explanation of any changes to the matrix.
    6. That the applicant shall implement other items from the UNC Innovation Center Green Technology Matrix , with lesser implementation probabilities as practicable.
    7. That the applicant shall provide the documentation necessary to demonstrate that an application has been filed with the USGBC for LEED – CSv2.0 with a minimum of 28 LEED points applied for.
    8. Upon determination that the UNC Innovation center has received third party verification of LEED – CSv2.0 Silver Certification, the applicant shall submit all appropriate and necessary documentation demonstrating this fact to the Town Planning Department and Office of Sustainability.

    35. Utility and Services

  35. Solid Waste Management Preconstruction Conference: Solid waste collection shall be provided by the university.  The applicant shall consider including Orange County Solid Waste in the pre-construction conference.
  36. Utility Plan Approval: That the final Utility Plan shall be reviewed by, and where applicable approved by, Duke Energy or Progress Energy, OWASA, AT&T, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.
  37. 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.

    38. Fire Protection

  38. Fire Prevention Program:  During demolition and/or construction, all aspects of Chapter 14 of the NC Fire Prevention Code 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.
  39. Fire Hydrant and FDC Locations:  The locations of existing and proposed fire hydrants and Fire Department Connections (FDC) shall be shown on the final plans.  Fire Department Connections should be located on the street side of the building within 150 feet of a hydrant.  Hydrant spacing shall comply with the Town Design Manual.
  40. Timing of Fire Protection Infrastructure:  The following note shall be included on final plans: “When fire apparatus access roads or a water supply for fire protection is 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.
  41. Fire Department Access:  The following note shall be added to final plans: “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 feet, 6 inches.”

    42. Prior to issuance of a Zoning Compliance Permit, radii of all turns, bridges, and depressions within roadways shall be designed and constructed to be accessible by the largest fire apparatus operated by the Town of Chapel Hill.

    Prior to issuance of a Zoning Compliance Permit, final plans shall include details for signage, bollards, and/or pavement markings used to prevent parking that would hinder fire apparatus access.

  42. Fire Flow Report:    Prior to the issuance of a Zoning Compliance Permit, the applicant shall submit two copies of the fire flow report, sealed by an Engineer registered in the State of North Carolina, for approval by the Town Manager. Fire flow shall meet the required flow set forth in the Town Design Manual.
  43. Testing of Fire Protection Devices:  Prior to occupancy of the building, fire protection devices shall be required to be installed, tested, approved, and permitted by the Fire Marshal, where required by the NC Fire Prevention Code, Town of Chapel Hill Code (Chapter 5), and applicable NFPA codes.
  44. Notification of Fire Hazards:  That the UNC Department of Environment, Health, and Safety will be responsible for monitoring hazardous materials and developing a safety plan for the development; and shall report pertinent fire safety information to the Chapel Hill Fire Department on a regular basis, in accordance with current reporting policy for campus buildings.

    45. Miscellaneous Stipulations

  45. 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.
  46. 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.
  47. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.
  48. FAA Compliance:  That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide a letter from the FAA verifying that this development is not subject to FAA restrictions, or that all necessary FAA-related  permits be obtained.
  49. 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.
  50. As-Built Plans: That certified as-built plans, signed and sealed by a North Carolina-registered Professional Land Surveyor, showing building footprints, driveways, stormwater drainage/conveyance piping, stormwater management structures, and all other impervious surfaces shall be provided for street improvements and all other existing or proposed impervious surfaces prior to occupancy of the building.  The as-built plans shall be in DXF binary format using State plane coordinates and NAVD 88.
  51. New Streets - Traffic Signs:  That the property owners shall be responsible for placement and maintenance of temporary regulatory signs, including street name signs, before  occupancy of the building, until such time that the street system is accepted for maintenance by the Town.
  52. New Street Names and Numbers:  That the name of the development and its streets and building numbers shall be coordinated between the University, Town, Orange County, and Emergency Management, prior to issuance of a Zoning Compliance Permit.
  53. 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.
  54. 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.
  55. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
  56. 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 the UNC Innovation Center.

This the 26th day of January, 2009.