TO: Mayor and Town Council
From: W. Calvin Horton, Town Manager
Subject: Wilson Assemblage - Application for Special Use Permit (Planned Development – Mixed Use)
DATE: February 14, 2005
INTRODUCTION
Tonight, the Council continues the Public Hearing from January 10, 2005, regarding a Special Use Permit application (Planned Development – Mixed Use) for a 20.81-acre mixed-use development that is proposed to be located generally northeast of the intersection of US 15-501 and Erwin Road. The applicant is proposing to construct 149 dwelling units and 48,000 square feet of office/retail space, with a total of 402 parking spaces. A new access point is proposed from Dobbins Drive, as well as a new connection to Sage Road and to the Dobbins Hill development. The site is located in the Residential-4 (R-4) zoning district. The site is located in Orange County and is identified as Chapel Hill Township Tax Map 27A, Block A, Lot 1, and Tax Map 27, Block B, Lots 3A, 5, 6, 7, 8, 9, 10, 11.
In conjunction with this proposal, and in response to comments from the Town Council and Advisory Boards concerning the need for an affordable housing component, the applicant is preparing a modification for the Dobbins Hill affordable housing development. The Dobbins Hill application proposes 32 new affordable housing units.
MANAGER’S RECOMMENDATION
Based on the information in the record to date, we believe that the Council could make the findings required to approve the Wilson Assemblage Special Use Permit application. We recommend that the Council adopt Resolution A, approving the application with conditions.
This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
¨ Cover Memorandum: Provides background on the development proposal and the Town’s review process, presents evidence in the record thus far in support of and in opposition to approval of the application, discusses proposed changes to the project following the November 15, 2004 Public Hearing, and offers recommendations for Council action and includes resolutions of approval and denial.
¨ Attachments: Includes advisory board summaries, a copy of the November 15, 2004 Public Hearing memorandum and other related attachments.
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PROCESS
The Land Use Management Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Town standards; we have presented a report to the Planning Board; and tonight we submit our revised recommendation to the Council.
The standard for review and approval of a Special Use Permit application involves consideration of four findings (description of the findings follows below). Additional evidence will be presented tonight. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Land Use Management Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.
BACKGROUND
November 15, 2004 The Council held a Public Hearing on the Wilson Assemblage Special Use Permit. Council members express concern that a 32 unit affordable housing component, previously presented to the Council during the March 17, 2003 Concept Plan Review, was deleted from the applicant’s current proposal. The Public Hearing was continued to January 10, 2005.
December 6, 2004 In response to Council’s comments during the November 15 Public Hearing, the applicant presented the Council with a petition describing a proposal to add affordable housing to Dobbins Hill development and requesting expedited processing for modifications to the Dobbins Hill Special Use Permit. The applicant also mentioned working on modifying the Wilson Assemblage plan.
January 10, 2005 The Council continued the Wilson Assemblage Public Hearing to February 14, 2005. Council granted expedited processing to the Dobbins Hill Special Use Permit application and scheduled a Public Hearing for Dobbins Hill to April 18, 2005.
APPLICANT’S PROPOSAL
In response to comments during the November 15, 2004 Public Hearing, the applicant is offering a proposal to add affordable housing units to Dobbins Hill. The applicant also proposes several modifications associated with the Wilson Assemblage Special Use Permit.
Affordable Housing and Dobbins Hill: In order to provide an affordable housing component for the Wilson Assemblage development, the applicant is proposing development of 32 affordable housing units at the adjacent Dobbins Hill development. On January 10, 2005, the Council granted expedited processing to a Special Use Permit modification application that proposes to add 32 affordable units at Dobbins Hill. A Public Hearing on the Dobbins Hill application is scheduled for April 18, 2005.
Proposed modifications associated with the Wilson Assemblage Special Use Permit: During the November 15, 2004 Public Hearing, the Council expressed concern with some of the proposed site design elements for the Wilson Assemblage development. In response to Council comments, comments from Advisory Boards and the applicant’s proposed affordable housing component, the applicant is proposing site plan modifications to the Wilson Assemblage application which includes the adjacent Howell Office Building (Howell Properties) site on Sage Road.
The applicant has submitted a written summary of proposed revisions (Attachment 6). For comparison, a copy of the Wilson Assemblage site plan presented to the Council on November 15 is also included (Attachment 9).
DISCUSSION
The following section includes a discussion of the following: Changes proposed by the applicant since the November 15, 2004 Public Hearing; Council and citizen comments from the November 15, 2004 Public Hearing and the January 24, 2005, review of the Dobbins Hill Phase II Concept Plan; and Advisory Board Recommendations included in the Manager’s Revised Recommendation.
Changes proposed by the applicant since the November 15, 2004 Public Hearing
1. Affordable Housing: The applicant is offering a proposal for offering 32 new affordable housing units by expanding the adjacent Dobbins Hill development. The applicant, Crosland Inc., is the property owner and developer for the adjacent Dobbins Hill affordable housing community. The applicant believes that there is adequate space on the Dobbins Hill site for two new tax credit apartment buildings with a total of 32 new units. A Special Use Permit application for this proposal is currently being reviewed by Town staff. On January 10, 2005, the Council approved expedited processing for this applicant and scheduled an April 18, 2005 Public Hearing for the Dobbins Hill Special Use Permit.
Comment: We believe that the applicant’s voluntary affordable housing proposal for Dobbins Hill is an appropriate response to the affordable housing objectives in the Comprehensive Plan.
We recommend that prior to the issuance of a Zoning Compliance Permit for Wilson Assemblage, the applicant verify that the North Carolina Housing Finance Agency has approved the applicants proposal for 32 tax credit affordable units in Dobbins Hill. We also recommend that a Zoning Compliance Permit for neither Wilson Assemblage nor Dobbins Hill be issued until both are ready to be issued.
We also recommend that prior to the issuance of the Certificate of Occupancy for the 51st residential unit in Wilson Assemblage, it will be necessary to obtain a Certificate of Occupancy for all 32 affordable housing units in Dobbins Hill.
2. Sage Road-Lowes Driveway Intersection: The applicant is proposing to relocate the public street through the Wilson Assemblage site so as to intersect Sage Road south of Building B and therefore align closer to the existing Lowes driveway on Sage Road.
Comment: The applicant’s current alignment proposal is significantly improved compared to the previous intersection proposal presented during the November 15, 2004 Public Hearing. We recommend that the proposed Wilson Assemblage site entrance on Sage Road be further adjusted in order to better align with the existing Lowes driveway. We believe this preferred alignment can be achieved by either modifying the current site plan or by redesigning portions of the Lowes driveway and curb line. We believe that an acceptable adjustment of the Lowes driveway and curb line can be constructed within existing public right-of-way and therefore no easements from an off-site property owner would be required.
We recommend that prior to the issuance of a Zoning Compliance Permit, the applicant must submit final design and construction details for the intersection alignment for approval by the Town Manager. If necessary, the realigned intersection design may incorporate portions of the Lowes driveway and curb line located within the public right-of-way.
We also recommend that prior to issuance of a Zoning Compliance Permit, a payment-in-lieu be provided to the Town of Chapel Hill for a traffic signal, with pedestrian amenities, for the intersection of the new street and the existing Lowes’ entrance on Sage Road. The amount of the payment-in-lieu shall be based on the percentage of the traffic to be generated by the Wilson Assemblage development in proportion to the existing traffic at the proposed intersection and shall be approved by the Town Manager.
3. Office/Retail Building “B” on Sage Road: Changes to the proposed office/retail Building “B” on Sage Road. Changes include:
a) Reducing the building floor area from 20,000 to 18,000 square feet;
b) Adding a double car drive-through window and restricting window use to a “bank” type use only;
c) Constructing a shared refuse facility (use shared with adjacent Howell Property Building) in the Sage Road buffer (applicant is proposing an alternate buffer); and
d) Providing parallel parking spaces along a portion of the proposed public street, between Building B and the Dobbins Hill development.
Comment: We recommend that that proposed double car drive-through window be restricted to “bank” type use only.
We recommend that the applicant submit a recorded shared refuse facility agreement and easement with the Howell Properties’ owners prior to the issuance of a Zoning Compliance Permit. We also recommend that the document be approved by the Town Manager.
We recommend that the location and configuration of on-street parking spaces, proposed along the public street between Building B and Dobbins Hill, be reviewed and approved by the Town Manager.
We recommend that the Community Design Commission review the proposed alternate buffer between the proposed refuse facility and Sage Road.
4. Pedestrian Circulation and Safety: The applicant is proposing the following changes:
a) Creating a central pedestrian walkway and central courtyard “quad’ in the center of the proposed development (between proposed apartment buildings 8, 9, 10 and 11);
b) Aligning the central courtyard and pedestrian walkway with the neighboring McGregor Street; and
c) Relocating parking around the side and rear of the four apartment buildings, moving the buildings closer to the proposed public street and improving pedestrian safety.
Comment: We recommend the following internal and off-site sidewalk improvements, specifically that sidewalks be constructed:
· On both sides of the proposed Dobbins Drive entrance, south of the first speed table;
· On both sides of the proposed internal public street, between Sage Road and the existing pedestrian access connection between Dobbins Hill and Walden at Greenfields;
· Along the applicant’s frontage on Sage Road, including connecting to the existing public sidewalk segments near the Howell Building on Sage Road and Walden at Greenfields;
· Along the applicant’s frontage on Dobbins Road; and
· Along the applicant’s frontage, the Erwin Village frontage, and Duke Energy frontage along Erwin Road.
We recommend that if the Town Manager determines that construction of the Dobbins Drive sidewalk is not practical due to design conflicts associated with the Superstreet project that an alternate location may be within the proposed 25 foot wide Type D buffer along Dobbins Drive. We recommend that prior to the issuance of a Zoning Compliance Permit the applicant obtain Community Design Commission approval for an alternate buffer for any portion of the buffer that includes a sidewalk.
For that portion of the Dobbins Drive sidewalk located outside the public right-of-way we recommend that a public use easement shall be provided over the portion of the sidewalk located outside of the Dobbins Drive public right-of-way, and that the Town shall not be responsible for maintenance of this portion of the sidewalk. This easement shall be identified on the final plat and a recorded easement document, approved by the Town Manager shall be provided prior to issuance of a Zoning Compliance Permit.
We also recommend that, if deemed appropriate by the Town Manager, the applicant may provide a payment in lieu for all or a portion of the Dobbins Drive sidewalk.
We recommend that the applicant construct a 5-foot-wide sidewalk along their Erwin Road frontage. We also recommend that the applicant dedicate public right-of-way to ensure that the right-of-way will be a minimum of one foot behind the back of the sidewalk or half of a 60-foot wide right-of-way, whichever is greater.
We also recommend that the applicant construct a 5-foot wide sidewalk along the Erwin Village frontage and the Duke Energy frontage on Erwin Road. We recommend that if adequate right-of-way is not available along the Erwin Road frontage adjacent to the Duke Energy site, the applicant may provide a payment in lieu of construction.
In order to facilitate pedestrian movements between the proposed development and the immediate neighborhood, in particular Dobbins Hill, we recommend several internal pedestrian connections in the following general locations:
· Between the southwest corner of the Dobbins Hill development and the clubhouse pool area; and
· Between central east/west courtyard quad sidewalk (buildings 8, 9, 10, 11) and the proposed north building in Dobbins Hill.
Due to changes in topography between the proposed development and Dobbins Hill we recommend that, where necessary, the design and construction of these additional pedestrian paths may include stairs or steps.
5. Recreation Improvements: Tonight’s application includes the following proposed changes to on-site recreation:
a) Redesign the clubhouse as an independent structure and relocate the building to a more central location;
b) Provide a direct pedestrian connection between building 8, 9, 10, and 11 and the active recreation area and club/pool facility; and
c) Create a larger central recreation amenity area that serves the entire project.
In addition to the above described changes, the proposed site plan includes areas for a tot lot and passive recreation area.
Comment: The Land Use Management Ordinance requires 26,446 square feet of active recreation space for this development. The applicant is proposing recreation improvements (a pool and clubhouse) covering approximately 11,500 square feet of land area. The applicant is also proposing an additional 9,000 square feet of active recreation area; however the applicant does not describe the type of active recreation improvements for the 9,000 square feet. This proposed active recreation area (approximately 20,500 square feet) does not provide sufficient active recreation space to meet the recreation standards of the Land Use Management Ordinance.
The Land Use Management Ordinance provides the Council with the option of accepting a payment in lieu of providing the required recreation space. As an alternative of providing all of the required 26,446 square feet of active recreation space, we recommend that the applicant provide a payment in lieu for the unimproved portion of the total required recreation area. The amount of the payment would be based on the difference between area required and area provided. The amount of area provided on the site will be determined during final plan review , as the applicant provides details about the proposed use of the 9,000 square feet currently proposed in general terms.
6. US 15-501/Dobbins Drive Frontage: The applicant is proposing the following changes along the US 15-501/Dobbins Drive frontage:
a) Relocation of Office Building “A” to the southwest corner of the site; and
b) Relocation of two residential buildings to front on Dobbins Drive
Other changes along US 15-501/Dobbins Drive include:
c) Removal of an existing house and surrounding open space, as shown on November 15, 2004 site plan;
d) Expansion of stormwater pond #3 in order to accommodate proposed development on the Dobbins Hill site; and
e) Twenty-five (25) foot wide Type D buffer;
Comment: The Land Use Management Ordinance requires a minimum 30-foot wide Type D buffer along the US 15-501/Dobbins Drive frontage. In those areas where the proposed buffer width is less than 30 feet, the applicant is proposing to a 25-foot wide Type D buffer. The applicant believes that an adequate landscape buffer can be achieved by installing the same quantity of planting materials requirement for a 30 foot wide buffer. We believe that the applicant’s proposal is reasonable.
If the applicant’s proposed sidewalk along Dobbins Drive is located within the 25-foot wide Type D buffer, we recommend that the Community Design Commission review and approve an alternate landscape buffer for the buffer areas with sidewalk , prior to the issuance of a Zoning Compliance Permit.
We understand that the North Carolina Department of Transportation is currently reviewing the applicant’s roadway improvements along Dobbins Road and Sage Road. We anticipate having those comments available for Council and the applicant at tonight’s meeting.
7. Landscape Buffers: Landscape buffers have been revised as shown in the table below:
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Location
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Applicant’s Proposal (Nov.15, 2004) |
Applicant Proposal (Feb. 14, 2005) |
Required Buffer
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Meets Manager’s Revised Recommendation |
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Dobbins/ US 15-501
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30’ Type D & 20’ Type C |
30’ Type D & 25’ Type D |
30’ Type D
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30’ Type D – Yes -------------------------------------- 25’ Type D – Yes (or alternate buffer for portion with public sidewalk) |
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Duke Energy (north)
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10’ Type B |
20’ Type C (with off site buffer easement on Duke Energy site or alternate buffer) |
20’ Type C |
Yes – 20’ Type C
Or alternate buffer with CDC review in lieu of obtaining off-site easement from Duke Energy
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Erwin Road |
15’ Type B |
30 ‘ Type D |
30’ Type D |
Yes |
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Sage Rd
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30’ Type D ------------------- 20 ‘ Type C
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30 ‘ Type D -------------------- 20’ Type C -------------------- 10 ‘ Alternate |
30’ Type D
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30 ‘ Type D - Yes ----------------------------------- 20’ Type C - Yes (adjacent to Building B) ------------------------------------ Alternate buffer -Yes (with CDC review) |
Comment: Please refer to the discussion under item 6 above for comment on the Dobbins/US 15-501 buffer.
We recommend that the applicant provide a minimum 20’ Type C buffer along Duke Energy north property line. For those portions of the on-site buffer where the minimum width is less than 20 feet, and the applicant is unable to secure an adequate off-site landscape easement from Duke Energy, we recommend that the applicant obtain approval from the Community Design Commission for an alternate buffer.
We recommend that the applicant provide a minimum 30’ Type D buffer along Erwin Road.
We recommend the following buffers along Sage Road; 30’ Type D buffer adjacent to the proposed parking lot near the drive-through window; a 20’ Type C buffer adjacent to proposed Building B and an alternate buffer adjacent to the proposed refuse facility.
8. Off-Site Improvements - Howell Properties: As part of the proposed Wilson Assemblage project the applicant is proposing the following changes which affect the existing Howell Office Building on Sage Road:
a) Provide a drive aisle connection to the new internal public street from the existing Howell Office Building;
b) Remove the existing refuse facilities and develop a joint agreement with Building B to share refuse facilities in the northeast corner of Wilson Assemblage site; and
c) Construct four (4) additional parking spaces.
Comment: Because the proposed internal public street will provide a second access drive to the Howell Office Building, and in order to reduce vehicular turning conflicts at the existing Howell Office Building on Sage Road, we recommend that the existing Howell Office Building driveway on Sage Road be limited to right-in/right-out turning movements.
We recommend that prior to the issuance of a Zoning Compliance Permit the Town Manager approve the design and construction details for this right-in/right-out drive. We also recommend that upon completion of the drive aisle connection to the new internal public street the Howell Office Building Sage Road driveway be limited to right-in/right-out movements, as approved by the Town Manager, or shall remain closed until such time that the required modification is constructed.
Comments from November 15, 2004 and January 24, 2005
During the November 15, 2004, Public Hearing on the Wilson Assemblage application and the January 24, 2005, meeting on the Dobbins Hill Phase II Concept Plan, issues concerning traffic, mixed-use developments and density were raised by the Council and citizens.
Traffic: At both meetings, citizens expressed concern about traffic impacts generated by the proposed developments.
Comment: In December 2003, a Traffic Impact Analysis was prepared by the Town Consultant in accordance with the Town’s guidelines. The purpose of this study is to determine the impact to the surrounding transportation system caused by the additional traffic generated by the proposed Wilson Assemblage, which is anticipated to be fully built out by the year 2007. An amended Traffic Impact Analysis was prepared in October 2004 by the same Town Consultant to analyze additional access alternatives at the proposed Sage Road intersection.
In response to findings of the Traffic Impact and staff analysis, the Town Manager’s revised recommendation includes the following stipulations relating to roadway improvements:
· Public Streets: That a public street shall be constructed to provide access through the site from Dobbins Drive to Sage Road. The street shall be aligned with the existing Lowes’ entrance on Sage Road, subject to approval by the Town Manager.
· Traffic Signal Payment-in-Lieu: A payment-in-lieu shall be provided to the Town of Chapel Hill for a traffic signal at the intersection of the new street and the existing Lowes’ entrance on Sage Road. The amount of the payment shall be approved by the Town Manager and shall take into account any existing payments and shall be received prior to the issuance of a Zoning Compliance Permit.
· Signal Timing Payment: The applicant shall provide a payment to the Town of Chapel Hill of $9,000 for revised traffic signal timings at eight affected signalized intersections along US 15-501 Corridor. The payment shall be received prior to the issuance of a Zoning Compliance Permit.
· Traffic Calming Devices: The applicant shall install traffic calming devices on the through public street internal to the site that would connect Dobbins Drive and Sage Road, subject to Town Manager approval.
· U.S. Hwy. 15/501: That no Certificate of Occupancy shall be issued for any part of this development until the Superstreet improvements at the intersection of U.S. 15-501 and Europa Drive/Erwin road, being designed and constructed by N.C. Department of Transportation, are completed and open to traffic, or until August 1, 2006, whichever is sooner.
Other recommended improvements include:
· McGregor Drive Connection: That the final plans and final plat include full vehicular and pedestrian access between the proposed development and McGregor Drive. That the applicant dedicate 50 feet of public right of way at this location.
The applicant has proposed an 8-foot greenway path connecting McGregor Drive to the new street. We recommend a vehicular connection to McGregor Drive in order to provide an additional point of access to the development. McGregor Drive is now terminated with a temporary T-turnaround. At the time McGregor Drive was constructed, it was intended to provide a future street connection to the abutting (Wilson Assemblage) property.
The Town’s Design Guidelines require at least two points of access for developments such as Erwin Village. Multiple accesses provides efficient circulation patterns for residents and both routine and emergency service vehicles. A street connection to McGregor Drive is typical of standard Town requirements for similar situations, would meet Town design objectives, and would provide optimum access and circulation patterns in the vicinity of and through this development. We have included a stipulation requiring vehicular connection to McGregor Drive in Resolution A.
If the Council chooses not to require a vehicular connection to McGregor Drive, we recommend the following alternative language to require an emergency vehicle and pedestrian connection:
· McGregor Drive Bollards: That in lieu of a full access public street, the final plan and plat include a 12-foot paved emergency vehicle driveway with bollards, also capable of bicycle and pedestrian access, between McGregor Drive and the new public street in the Wilson Assemblage development.
This alternate language has not been included in the Town Manager’s revised recommendations.
Mixed-Use Development: As part of the request for a Special Use Permit, the applicant is requesting establishment of a Planned Development-Mixed Use (PD-MU). According to Section 6.18 of the Land Use Management Ordinance, Planned Developments should be designed with a number of factors, including:
During the Public Hearing several Council members questioned if the proposal complied with Section 6.18 of the Land Use Management Ordinance.
Comment: We believe that the proposed development generally meets these standards, except that we do not have sufficient information to know if the development will be designed to promote energy conservation or will be properly arranged horizontally or vertically. The Council may conclude differently.
Density: During the January 24, 2005, review of the Dobbins Hill Phase II Concept Plan, a citizen asked the Council to require the Wilson Assemblage applicant to subtract 32 units from the Wilson development proposal if the applicant is proposing to add 32 new units to Dobbins Hill.
Comment: In response to Council comments received during the November 15, 2004 Public Hearing on Wilson Assemblage, the applicant voluntarily offered a proposal for an affordable housing component in Dobbins Hill. On January 10, 2005, the Council approved expedited processing for this applicant and scheduled a Public Hearing for April 18, 2005.
The applicant is proposing to provide 32 additional affordable housing units at the Dobbins Hill site. The Council could choose to accept or refuse this offer for 32 affordable housing units at the Dobbins Hill site.
Advisory Board Recommendations
The following recommendations from Advisory Boards have been included in the Town Manager’s revised recommendation:
Planning Board: On November 9, 2004, the Planning Board reviewed the proposed development.
The following recommendation from the Planning Board has been included in the Manager’s Revised Recommendation:
· That a crosswalk shall be installed across Sage Road connecting the site driveway to the Lowes driveway entrance.
Please see attached Summary of Planning Board Action.
Transportation Board: On November 16, 2004, the Transportation Board reviewed the proposed development. The following recommendations from the Transportation Board have been included in the Manager’s Revised Recommendation:
· Provide a vehicular connection to McGregor Dr.
· Realign Street A to conform to driveway from Borders/Lowes at Sage Road.
· Require only the dedication of right-of-way and construction of a sidewalk along Erwin Road. Sidewalk should be extended to McGregor Drive.
· The plan should include provisions to provide 15% affordable housing.
Please see attached Summary of Transportation Board Action.
Community Design Commission: On November 17, 2004, the Community Design Commission reviewed the proposed development. The following recommendations from the Community Design Commission have been included in the Manager’s Revised Recommendation:
· That the project include an affordable housing component.
· That the applicant construct a 5-foot sidewalk along the applicant’s frontage on Erwin Road and along the Erwin Road frontage of McGregor Place, south of McGregor Drive.
Please see attach Summary of Community Design Commission Action.
EVALUATION OF THE APPLICATION
The standard for review and approval of a Special Use Permit application involves consideration of four findings of fact that the Council must consider for granting a Special Use Permit. Based on the evidence that is accumulated during the Public Hearing, the Council will consider whether it can make each of the four required findings for the approval of a Special Use Permit. If, after consideration of the evidence submitted at the Public Hearing, the Council decides that it can make each of the four findings, the Land Use Management Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.
Tonight, based on the evidence in the record thus far, we provide the following evaluation of this application based on the four findings of facts that the Council must consider for granting a Special Use Permit.
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Finding #1: That the use or development would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare.
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We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of Finding #1 for this application has been provided by the applicant’s statement of Justification. We note the following points from the applicant’s Statement of Justification:
· “The site is bordered by three public roads (Erwin Road, Sage Road, and Dobbins Drive) which are each utilized by established bus routes. Consequently, the site is located in a manner that maximizes mass transit opportunities, thereby promoting public safety and general welfare by potentially reducing automobile trips related to the project.” [Applicant’s Statement]
Evidence in opposition: We disagree with the applicant’s Statement of Justification which states that having “…no direct vehicular access to Erwin Road …promotes the public safety, and general welfare of this corridor and the surrounding neighborhoods.” The applicant has proposed an 8-foot greenway path connecting McGregor Drive to the new street. McGregor Drive now terminates with a T-turnaround. We believe that at the time McGregor Drive was constructed, it was intended to provide a future street connection to the abutting (Wilson Assemblage) property.
We believe that a street connection to McGregor Drive would meet Town design objectives, and would provide optimum access and circulation patterns in the vicinity of and through this development. We recommend a vehicular connection to McGregor Drive in order to provide an additional point of access to the development.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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Finding #2: That the use or development would comply with all required regulations and standards of the Land Use Management Ordinance.
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We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of Finding #2 for this application has been provided by the applicant’s Statement of Justification. We note the following points from the applicant’s Statement of Justification:
· “Development is proposed in accordance with the site’s existing Residential-4 (R-4) zoning district, as regulated in Article 3 of the Land Use Management Ordinance. In particular, floor area, setbacks and building heights are proposed in accordance with Table 3.8-1.” [Applicant’s Statement]
· The site is designed in conformance with the design and development standards prescribed in Article 5 of the Land Use Management Ordinance. In particular, the development seeks to follow steep slope regulations prescribed in Section 5.3.2 of the Ordinance, and to provide stormwater management in accordance with Section 5.4 of the Ordinance.” [Applicant’s Statement]
Evidence in opposition: We have not identified any evidence offered in opposition to Finding #2. We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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Finding #3: That the development would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property.
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We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of Finding #3 for this application has been provided by the applicant’s Statement of Justification. We note the following key point from the applicant’s Statement of Justification:
· “The residences proposed in the Wilson Assemblage development have been carefully designed and strategically located in a manner so as to blend in type, size, and scale with the surrounding types of residential uses. In particular, townhomes are proposed for the western portion of the development, continuing the scale and nature of the neighboring McGregor Place condominiums and Erwin Village duplexes. Similarly, multi-family apartments are proposed in the central portion of the development, imitating the scale and nature of the neighboring Walden at Greenfields and Dobbins Hill apartment communities. Consequently, the proposed residential uses are located in a manner and designed at a scale that will blend into the existing built environment, thereby maintaining or enhancing the value of contiguous property.” [Applicant’s Statement]
Evidence in opposition: We have not identified any evidence offered in opposition to Finding #3. We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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Finding #4: That the use or development conforms with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.
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We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of Finding #4 for this application has been provided by the applicant’s Statement of Justification. We note the following key points from the applicant’s Statement of Justification:
· “The Comprehensive Plan identifies the goal “increase employment opportunities for residents and satisfy local demand for commercial and retail services.” This mixed-use application not only includes office and limited retail space for employers to occupy within walking/biking distance of existing residents, but also provides residential space for workers wishing to live in a walk/ride employment environment.” [Applicant’s Statement]
Evidence in opposition: We have not identified any evidence offered in opposition to Finding #4. We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
SUMMARY
We have attached a resolution that includes standard conditions of approval as well as special conditions that we recommend for this application. With these conditions, we believe that the Council could make the findings regarding health, safety and general welfare, and consistency with the Comprehensive Plan. The Town Manager’s recommendation incorporates input from all Town departments involved in review of the application.
RECOMMENDATIONS
Town Manager’s Revised Recommendation: Based on our evaluation of the application and the information in the record to date we believe that the Council could make the findings required to approve the Special Use Permit application. We recommend that the Council adopt Resolution A, approving the application with conditions.
ATTACHMENTS
1. Planning Board Summary of Action (p. 28).
2. Transportation Board Summary of Action (p. 31).
3. Community Design Commission Summary of Action (p. 32).
4. Parks and Recreation Commission Summary of Action (p. 33).
5. Applicant’s summary of proposed changes (p. 34).
6. Revised Statement of Justification (p. 38).
7. Revised Project Fact Sheet (p. 46).
8. Reduced Plans (p. 49).
9. November 15, 2004 site plan (p. 55).
10. November 15, 2004 Public Hearing Memorandum and related attachments (p. 56).
RESOLUTION A
(Manager’s Revised Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR WILSON ASSEMBLAGE (2005-02-14/R-10a)
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Special Use Permit application proposed by The Design Response, Inc. on property identified as Chapel Hill Township Tax Map 27A, Block A, Lot 1, and Tax Map 27, Block B, Lots 3A, 5, 6, 7, 8, 9, 10, 11, if developed according to the site plans dated January 18, 2005, and conditions listed below:
1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would comply with all required regulations and standards of the Land Use Management Ordinance;
3. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Would 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 Wilson Assemblage in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin February 14, 2007 and be completed February 14, 2008.
2. Land Use Intensity: This Special Use Permit authorizes construction of a mixed-use development consisting of a total of 208,511 square feet of floor area, specified as follows:
|
Land Use Intensity |
|
|
Net Land Area |
824,154 sq ft |
|
Total # of Buildings |
17 |
|
Maximum Floor Area Total |
208,511 sq ft |
|
Maximum # of Dwelling Units |
149 |
|
Maximum Floor Area in Building ‘A’ and Building ‘B’ |
48,000 sq ft |
|
Maximum Office-Type Business Use · Maximum General Business, Convenience Business, Bank, Barber Shop/Beauty Salon, Clinic (Medical) |
Up to 48,000 sq ft · Building ‘A’ – 12,375 sq ft maximum · Building ‘B’ – 6,375 sq ft maximum |
|
Maximum Impervious Surface Area |
453,285 sq ft |
|
Minimum # of Parking Spaces |
396 |
|
Minimum # of Bicycle Spaces |
189 |
3. Double Car Drive-Through: The double car drive-through window at Building B be restricted to “bank” type use only.
Stipulations Related to Affordable Housing
4. Dobbins Hills Affordable Housing Component: A Zoning Compliance Permit for Wilson Assemblage, shall not be issued until such time that a Zoning Compliance Permit for Dobbins Hill has been issued. Prior to the issuance of a Zoning Compliance for Wilson Assemblage, the applicant shall verify that the North Carolina Housing Finance Agency has approved the applicant’s proposal for 32 tax credit affordable units in Dobbins Hill.
5. Certificate of Occupancy for 50th Residential Unit: Prior to the issuance of the Certificate of Occupancy for the 50th residential unit in Wilson Assemblage, it will be necessary to obtain a Certificates of Occupancy for all 32 of the new affordable housing units in Dobbins Hill.
6. Encroachment Permit: Prior to the issuance of a Zoning Compliance Permit, the applicant shall secure and provide an encroachment agreement from the North Carolina Department of Transportation for all work within the public right-of-way.
7. McGregor Drive Connection: That the final plans and final plat include full vehicular and pedestrian access between the proposed development and McGregor Drive. That the applicant dedicate 50 feet of public right of way at this location.
8. Dobbins Drive Sidewalk: The applicant shall construct a five foot wide sidewalk along the applicant’s frontage on Dobbins Road. If deemed appropriate by the Town Manager, the applicant may provide a payment in lieu for all or a portion of the Dobbins Drive sidewalk.
9. Dobbins Drive Sidewalk Alternate Location: If the Town Manager determines that construction of the Dobbins Drive sidewalk is not practical due to design conflicts associated with the Superstreet project, an alternate location may be within the proposed 25 foot wide Type D buffer along Dobbins Drive. Prior to the issuance of a Zoning Compliance Permit, the applicant shall obtain Community Design Commission approval for an alternate buffer for any portion of the buffer that includes a sidewalk.
10. Dobbins Drive Sidewalk Public Easement: For that portion of the Dobbins Drive sidewalk located outside the public right-of-way, a public use easement shall be provided over the portion of the sidewalk located outside of the Dobbins Drive public right-of-way, and the Town shall not be responsible for maintenance of this portion of the sidewalk. This easement shall be identified on the final plat and a recorded easement document, approved by the Town Manager, shall be provided prior to issuance of a Zoning Compliance Permit.
11. Dobbins Drive Right-of-Way: That prior to issuance of a Zoning Compliance Permit, right-of-way must be provided for the Dobbins Drive relocation that is proposed as part of the US 15-501 SuperStreet project. If the right-of-way has not been acquired by the North Carolina Department of Transportation, the applicant shall dedicate the right-of-way required for the future relocation of Dobbins Drive.
12. Erwin Road Sidewalk: The applicant shall construct a five foot wide sidewalk along the applicant’s frontage, the Erwin Village frontage, and Duke Energy frontage along Erwin Road. If adequate right-of-way is not available along the Erwin Road frontage adjacent to the Duke Energy site, the applicant may provide a payment in lieu for this sidewalk. The amount of the payment-in-lieu shall be approved by the Town Manager and shall be received prior to the issuance of a Zoning Compliance Permit.
13. Erwin Road Right-of-Way: That the applicant dedicate public right-of-way along the site frontage on Erwin Road to ensure that the right-of-way will be a minimum of one foot behind the back of the sidewalk or half of a 60 foot wide right-of-way, whichever is greater.
14. Internal Public Streets: That a public street shall be constructed to provide access through the site from Dobbins Drive to Sage Road. The public street shall be 27-feet wide, measured from back of curb to back of curb, with 30-inch wide curb and gutter within a 45-foot wide right-of-way, built to Town Standard. Prior to issuance of a Zoning Compliance Permit the applicant must submit the final design and construction details for approval by the Town Manager.
15. Internal Public Street Alignment on Sage Road: That the proposed public street within the Wilson Assemblage proposal be aligned with the existing Lowes entrance on Sage Road. The realigned intersection design may incorporate portions of the Lowes driveway and curb line located within the public right-of-way. Prior to the issuance of a Zoning Compliance Permit, final design and construction details for the intersection alignment shall be approval by the Town Manager.
16. On-Street Parking: That the location and configuration of on-street parking spaces, proposed along the internal public street between Building B and Dobbins Hill, be reviewed and approved by the Town Manager.
17. Sage Road Sidewalk: The applicant shall construct a five foot wide sidewalk along the applicant’s frontage on Sage Road, including connecting to the existing public sidewalk segments near the existing Howell Building on Sage Road and Walden at Greenfields.
18. Traffic Signal Payment-In-Lieu: Prior to issuance of a Zoning Compliance Permit, a payment-in-lieu shall be provided to the Town of Chapel Hill for a traffic signal, with pedestrian amenities including crosswalks on Sage Road and at the Lowes driveway, for the intersection of the new public street and the existing Lowes’ entrance on Sage Road. The amount of the payment-in-lieu shall take into account any existing payments and be based on the percentage of the traffic to be generated by the Wilson Assemblage development in proportion to the existing traffic at the proposed intersection and shall be approved by the Town Manager.
19. Signal Timing Payment: Prior to issuance of a Zoning Compliance Permit, the applicant shall provide a payment to the Town of Chapel Hill of $9,000 for revised traffic signal timings at eight affected signalized intersections along US 15-501 Corridor.
20. Howell Properties Driveway on Sage Road: Upon completion of the drive aisle connection between the Howell Properties on Sage Road and the internal public street, the existing Howell Office Building Sage Road driveway shall be limited to right-in/right-out movements, as approved by the Town Manager, or shall remain closed until such time that the restricted movement modification is constructed. Prior to the issuance of a Zoning Compliance Permit, the Town Manager shall approve the design and construction details for the right-in/right-out drive at the existing Howell Property drive on Sage Road.
21. U.S. Hwy. 15/501 and Certificate of Occupancy: That no Certificate of Occupancy shall be issued for any part of this development until the Superstreet improvements at the intersection of U.S. 15-501 and Europa Drive/Erwin Road, being designed and constructed by N.C. Department of Transportation, are completed and open to traffic, or until August 1, 2006, whichever is sooner.
22. Traffic Calming Devices: Prior to issuance of a Certificate of Occupancy, the applicant shall install traffic calming devices on the through public street internal to the site that would connect Dobbins Drive and Sage Road. The specific design and location of the traffic calming devices shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
23. Internal Pedestrian Connections: That the applicant construct pedestrian connections in the following general locations:
· Between the southwest corner of the Dobbins Hill development and the clubhouse pool area; and
· Between central east/west court yard quad sidewalk (buildings 8, 9, 10, 11) and the proposed north building in Dobbins Hill.
In order to accommodate changes in topography between this development and Dobbins Hill where deemed appropriate by the Town Manager, the design and construction of the pedestrian paths may include stairs or steps.
24. Other Sidewalks: The applicant shall construct the following sidewalks:
· On both sides of the proposed Dobbins Drive entrance, south of the first speed table; and
· A five foot wide sidewalk on both sides of the proposed internal public street, between Sage Road and the existing pedestrian access connection between Dobbins Hill and Walden at Greenfields. This sidewalk shall be located within a publicly dedicated right-of-way;
25. Bicycle Parking: That the development shall comply with the Town’s Design Manual for bicycle parking standards as follows:
|
Total Number of Required Spaces |
189 |
|
Number of Class I Spaces |
163 |
|
Number of Class II Spaces |
26 |
26. Parking Lot Standards: That all parking lots, drive aisles and parking spaces shall be constructed to Town standards.
27. Bus Stop: That a bus stop shall be installed at a location internal to the development, to be approved by the Town Manager.
Stipulations Related to Landscaping and Architectural Issues
28. Required Buffers: That the following landscape buffer be provided; and if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by fencing from adjacent construction:
|
Location |
Required Buffer |
|
Dobbins Drive /US 15-501
|
25’ Type D (Alternate buffer for portion with public sidewalk) |
|
East side of Duke Energy Property |
10’ Type B |
|
North side of Duke Energy Property
|
20’ Type C or alternate buffer if off-site landscape easements unavailable |
|
Erwin Road |
30’ Type D |
|
Erwin Village |
20’ Type B |
|
Walden at Greenfields |
10’ Type B |
|
Sage Rd
|
30’ Type D – adj to parking 20’ Type C - adj to Building B Alternate buffer – adjacent to refuse facility |
|
East side of Dobbins Hill Property |
20’ Type B |
|
South & West side of Dobbins Hill Property |
10’ Type B |
29. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees shall be removed and preserved, as well as all significant tree stands, and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
30. Landscaping Plan: That a detailed landscape plan including a landscape maintenance plan, 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.
31. Tree Protection Fencing: That the limits of land disturbance with tree protection fencing, shall be shown on the Landscape Protection Plan, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
32. Parking Lot Screening: That all parking areas shall be screened from view in accordance with the provisions of Article 5.6 of the Land Use Management Ordinance. The screening and shading plans shall be approval by the Town Manager.
33. Alternative Landscape Bufferyards: That the details for all alternate landscape bufferyards shall be reviewed and approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.
34. Building Elevations: That the Community Design Commission 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.
35. Lighting Plan: That the Community Design Commission approve a lighting plan for this project prior to issuance of a Zoning Compliance Permit.
Stipulation Related to Recreation Area
36. Minimum Recreation Requirements: That a minimum of 26,446 square feet of recreation space shall be provided for this development. The applicant may provide a payment-in-lieu for a portion of the required recreation improvement area.
Stipulations Related to Environmental Issues
37. Impervious Surface Limits: That the site shall comply with the impervious surface limits of the Land Use Management Ordinance. Impervious surface area is authorized at 453,285 square feet.
38. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager. The plan shall include low-impact stormwater management solutions and best management practices, including but not limited to bio-retention, pervious pavements, underground storage, infiltration trenches, vegetative swales and similar techniques.
The plan shall be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate and the post-development stormwater runoff volume shall not exceed the pre-development volume for the local 2-year frequency, 24-hour duration storm event. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.
That the final stormwater management plan provide detailed information concerning maintenance access points, maintenance schedules, methods used for maintenance, identification of parties responsible for maintenance, and basin/outlet details. The Maintenance and Operations Plan must provide for a pre-cleaning of the underground systems prior to issuance of a Certificate of Occupancy and pre-treatment facilities for solids removal. Permanent water quality treatment shall be provided prior to the underground detention of stormwater.
39. Storm Drainageway Easement: That all stormwater detention, treatment, and conveyance facilities shall be located within an easement entitled: “Reserved Storm Drainageway”. A storm drainageway shall be reserved from any stormwater management feature that would obstruct or constrict the effective conveyance and control of stormwater from or across the property, for all engineered stormwater structures above and below ground, and for all conveyance systems such as pipes, streams, or ditches if such systems convey, divert, or otherwise manage surface water flowing onto the property/site from off-site areas. The Reserved Storm Drainageway shall be defined on the appropriate final plan sheet(s) and recorded on the final plat. Maintenance access to the Reserved Storm Drainageway must be provided and shown on the plans.
40. 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 intended and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
41. Stormwater Maintenance and Easement Agreement: Prior to the issuance of a Zoning Compliance Permit, it will be necessary for the applicant to execute a recorded maintenance and easement agreement with the adjoining Dobbins Hill property owner. The agreement must be binding on all current and subsequent property owners and ensure perpetual compliance with the Town’s stormwater requirements and maintenance of the facilities. Prior to recordation, this document must be approved by the Town Manager.
42. 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.
43. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. That a performance guarantee shall be provided in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.
44. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
Stipulations Related to Utility and Service Issues
45. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, and for managing and minimizing construction debris and removal of existing residential debris piles, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
46. Approval of Shared-Container and Joint Access Agreements: That a shared-container and joint refuse vehicle access agreement shall be provided between the owners and heirs of the parcel containing Building B and the adjacent Howell Properties on Sage Road. The agreement shall be approved by the Town Manager and recorded at the Orange County Register of Deeds Office; and copies of the agreement shall be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.
47. Heavy Duty Pavement: That all new drive aisles needed to access refuse containers and shall be constructed of heavy duty pavement. The final plans must include a detail of this pavement section. It will also be necessary to include the following note on the final plans: “The Town of Chapel Hill, its’ assigns or Orange County shall not be responsible for any pavement damage that may result from service vehicles.”
48. Overhead Obstruction/Utility Lines: That the final plans included details verifying that no overhead obstruction or utility wires will interfere with service vehicle access or operation.
49. Utility/Lighting Plan Approval: That the final Utility/Lighting Plan be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.
50. Utility Line Placement: That all new utility lines shall be placed underground. The applicant shall indicate proposed off-site utility line routing and upgrades required to service the site on Final Plans, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
51. Fire Flow: That a fire flow report, shall be prepared and sealed by a registered professional engineer, and showing that flows meet the minimum requirements of the Town Design Manual, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
52. Vehicle Access for Fire Fighting: That vehicle access for fire fighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 feet of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads capable of supporting vehicle loading under all weather conditions.
53. Water Supply for Fire Protection: That water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible materials arrive on site.
54. Schools Adequate Public Facilities Ordinance: That the applicant provide the necessary Certificates of Adequacy of Public Schools prior to issuance of a Zoning Compliance Permit.
55. Taxation: That during any time this property is exempt from ad valorem property taxes, the owner shall make annual payments-in-lieu of property taxes, the amount to be determined based on a valuation determined by the Orange County Tax Supervisor and the applicable year’s established city and county tax rate.
56. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle traffic will be managed, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
57. Traffic and Pedestrian Control Plan: That a Traffic Management Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction, including detour information and a pedestrian management plan indicating how pedestrian movements will be safely maintained shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
58. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited unless it is demonstrated to the Town Manager or his designee that no reasonable alternative means are available for removal of the materials from the subject property. The Fire Marshall may establish safety standards, which must be met in order to receive a permit.
59. 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.
60. As-Built Plans: That as-built plans in DXF 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.
61. 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 plat.
That 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; 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.
62. Construction Sign: That the applicant shall post a construction sign that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Building Permit, prior to the commencement of any land disturbing activities. The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.
63. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
64. 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 by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit application for Wilson Assemblage in accordance with the plans and conditions listed above.
This is the 14th day of February, 2005.
RESOLUTION B
(Denying the Special Use Permit Application)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR WILSON ASSEMBLAGE (2005-02-14/R-10b)
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Special Use Permit application proposed by The Design Response, Inc. on property identified as Chapel Hill Township Tax Map 27A, Block A, Lot 1, and Tax Map 27, Block B, Lots 3A, 5, 6, 7, 8, 9, 10, 11, if developed according to the site plans dated January 18, 2005:
1. Would not be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would not comply with all required regulations and standards of the Land Use Management Ordinance;
3. Would not be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Would not 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 denies the application for a Special Use Permit for Wilson Assemblage in accordance with the plans listed above and with the conditions listed below:
(INSERT ADDITIONAL REASONS FOR DENIAL)
BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for Wilson Assemblage as proposed by The Design Response, Inc.
This the 14th day of February, 2005.