AGENDA #1

MEMORANDUM

TO: Mayor and Town Council

From: W. Calvin Horton, Town Manager

Subject: Public Hearing: Montessori School - Application for Special Use Permit

(File No. 481.7.7A)

DATE: February 21, 2005

INTRODUCTION

We have received a request for approval of a Special Use Permit for the Montessori Community School. The school is on a 9.4-acre site, on the west side of Pope Road, between Newton Drive and Fountain Ridge Road, at 4512 Pope Road. The applicant is proposing to construct 24,325 square feet of new floor area and demolish 4,515 square feet of existing floor area, for a net increase of 19,810 square feet of floor area. The proposed new construction includes a new middle school classroom building and a new fine arts/gymnasium building. The site is located in the Office/Institutional-2 (OI-2) zoning district. The site is located in the Durham County part of Chapel Hill and is identified as Tax Map 481, Block 7, Lot 7A.

Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of the application, and further to receive evidence which the Council may consider as the Council determines any appropriate requirements to include as conditions of approval.

This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:

¨ Cover Memorandum: Introduces application, describes process for review, summarizes staff and advisory board comments, and offers recommendations for Council action.

¨ Staff Report: Offers a detailed description of the site and proposed development, and presents an evaluation of the application regarding its compliance with the standards and regulations of the Land Use Management Ordinance.

¨ Attachments: Includes a checklist of requirements for this development, resolutions of approval and denial, advisory board comments, and the applicant’s materials.

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 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 report and preliminary 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). 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

Concept Plan reviews of this application were conducted by the Community Design Commission on October 29, 2002, and by the Council on October 20, 2003. Additionally, a Mayor’s Committee, comprised of neighbors and Council Members, was appointed to further review the Concept Plan and to develop principles for the applicant to consider as the Special Use Permit was being prepared. A Resolution endorsing these principles was adopted November 24, 2003 (Attachment 10). A summary chart which compares the differences between Concept Plans and the Special Use Permit application is included in the Staff Report.

DESCRIPTION OF THE APPLICATION

The applicant is proposing to demolish two existing buildings including a gymnasium and a fine arts building totaling 4,515 square feet of the existing 18,170 square feet of floor area, to make way for the proposed construction of two new buildings, comprised of 24,325 square feet of floor area that will include a gymnasium/fine arts building and a middle school classroom building. The new floor area total is proposed to be 37,980 square feet.

Proposed on-site improvements for pedestrian travel include extending a sidewalk from the parking lot to the sidewalk along the Pope Road frontage as well as walkways and a track providing pedestrian access to the other buildings on the site.

The applicant proposes to expand the existing parking lot with a new row of parking and a total of 84 parking spaces as well as 40 bicycle parking spaces (see reduced plans, Attachment 20).

Two constructed wetlands for managing stormwater and educational purposes are proposed for the site.

EVALUATION OF THE APPLICATION

We have evaluated the application regarding its compliance with the standards and regulations of the Town’s Land Use Management Ordinance. Based on our evaluation, our preliminary recommendation is that the application as submitted, complies with the regulations and standards of the Land Use Management Ordinance and Design Manual with the conditions and Modifications of regulations included in Resolution A.

Tonight, the Council receives our attached evaluation, and also receives information submitted by the applicant and citizens. The applicant’s materials are included as attachments to this memorandum. All information that is submitted at the hearing will be placed into the record.

Based on the evidence that is submitted, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit.

The four findings are:

Special Use Permit – Required Findings of Fact

Finding #1: That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

Finding #2: That the use or development would comply with all required regulations and standards of the Land Use Management Ordinance;

Finding #3: That the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity; and

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.

Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application.

KEY ISSUES

We have identified the following key issues associated with this development, which are discussed below.

Bicycle Parking: Section 5.9.7 of the Land Use Management Ordinance, requires that the applicant provide 82 bicycle parking spaces, based on the total projected enrollment at the Montessori School of 246 students. The applicant is requesting a modification to regulations to provide 40 bicycle parking spaces. The applicant stated at the Planning Board meeting on January 5, 2005, that only 110 of the projected 246 students are over six years of age and therefore likely to ride bicycles. The Montessori School has submitted a chart indicating the distribution of students, by age, which shows that 137 of the students are between two and six years old and are escorted to their classrooms by parents (see Attachment 17). The 110 students that would potentially ride bicycles to school and therefore use the bike racks, would require 37 parking spaces (one space for every three students) according to the Land Use Management Ordinance.

Comment: The applicant’s request is to reduce the required bicycle parking by modifying Section 5.9.7 of the Land Use Management Ordinance for this situation. We believe, based on the information provided, that the request is reasonable and that the appropriate number of bicycle parking spaces would be a minimum of 37 spaces (one space for every three of 110 students old enough to ride bicycles to school). We believe that the 40 bicycle parking spaces that the applicant has offered to provide would be adequate.

Accordingly, we recommend that the Council modify the regulations as follows:

1. Modification of Section 5.9.7 of the Land Use Management Ordinance dimensional regulations, to allow a minimum of 40 bicycle parking spaces at the Montessori School.

Construction Hours: The applicant has worked with neighbors to restrict the hours and days of construction more than that allowed by the provisions in the noise ordinance. The Town Noise Ordinance (Section 11-40) allows construction operations from 7:00 a.m. to 9:00 p.m. on weekdays and 8:00 a.m. to 9:00 p.m. on weekends, when Building Permits have been issued. The applicant has proposed limiting the hours of construction from 7:30 a.m. to 5:00 p.m. on weekdays and 10:00 a.m. to 5:00 p.m. on Saturdays, with no construction hours allowed on Sunday. The applicant has also offered to minimize noise generating construction activity on Saturdays, whenever possible.

Comment: We have included a stipulation in Resolution A with the reduced construction hours as offered by the applicant.

Supplemental Buffer: The applicant has worked with neighbors to develop a landscape buffer plan that includes the provision of a supplemental 20-foot ‘Type-C’ landscape buffer between the southern constructed wetland and the required 20-foot ‘Type-C’ landscape buffer on the southern property boundary (see additional Landscape Buffer Sheet L1-00).

Comment: We have included a stipulation in Resolution A requiring the proposed supplemental buffer as offered by the applicant.

Supplementary Board Fencing: The applicant has proposed providing additional plantings rather than the supplementary board fencing called for in the advisory board resolutions, in the northwest corner of the site, adjacent to the ball field. The applicant discussed the fencing with several adjacent neighbors who said they did not feel that the fence was necessary. Also, the applicant said a fence on the edge of the ball field would constrict play at its periphery.

Comment: The applicant has indicated that they would prefer not to provide a board fence around the ball field on the northwestern part of the site and adjacent neighbors agree, as we understand it. Resolution A does not include a stipulation requiring board fencing in that location.

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, our preliminary recommendation is that the Council could make the four findings necessary in order to approve the application. The Manager’s recommendation incorporates input from all Town departments involved in review of the application.

SUBSEQUENT REGULATORY STEPS

Following is a brief outline describing the next steps in the development review process, should the Council approve the Special Use Permit application for this site:

1. Applicant accepts and records a Special Use Permit, which incorporates the terms of the Council-adopted resolution.

2. Applicant submits detailed Final Plans and documentation, complying with Council stipulations. Information is reviewed by Town departments and the following agencies:

North Carolina Department of Transportation,
Orange Water and Sewer Authority,
Duke Power Company,
Public Service Company,
Time Warner, and
BellSouth.

3. Community Design Commission reviews and approves building elevations and site lighting.

4. Upon demonstration of compliance with remaining Council stipulations, Town staff issues a Zoning Compliance Permit authorizing site work. Permit includes conditions specific to the development and requires pre-construction conferences with Town staff.

5. Inspections Department issues Building Permits and Certificates of Occupancy.

RECOMMENDATIONS

Recommendations are summarized below. The Transportation Board, Community Design Commission, and the Bicycle and Pedestrian Advisory Board each reviewed an initial recommended resolution of approval. The Planning Board reviewed a revised resolution, which incorporated additional comments. Accordingly, the recommendations of the first three boards do not reflect the revised resolution. Please see Summaries of Board actions and recommendations in the attachments as well as the table, Differences Among Resolutions at the end of this cover memorandum.

Planning Board Recommendation: On December 7, 2004, and January 5, 2005, the Planning Board reviewed this application and on January 5, voted 5-0 to recommend that the Council approve the application with conditions. Please see the attached Summary of Planning Board Action as well as the table, Differences Among Resolutions, at the end of this cover memorandum.

Transportation Board Recommendation: On December 7, 2004, the Transportation Board voted 6-0 to recommend that the Council approve this application with the adoption of Resolution B. Please see the attached Summary of Transportation Board Action as well as the table, Differences Among Resolutions, at the end of this cover memorandum.

Community Design Commission Recommendation: On December 15, 2004, Community Design Commission voted 9-0 to recommend that the Council approve this application with the adoption of Resolution C. Please see the attached Summary of Community Design Commission Action as well as the table, Differences Among Resolutions, at the end of this cover memorandum.

Bicycle and Pedestrian Advisory Board Recommendation: On December 14, 2004, the Bicycle and Pedestrian Advisory Board voted 8-0 to recommend that the Council approve this application with the adoption of Resolution D. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action as well as the table, Differences Among Resolutions, at the end of this cover memorandum.

Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary conclusion is that, with the stipulations in Resolution A, the application complies with the standards and regulations of the Land Use Management Ordinance. Key differences among the resolutions are highlighted below.

Following tonight’s Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application. If the Council makes the required findings for approval of a Special Use Permit, we recommend that the application be approved with the adoption of Resolution A.

Resolution A would approve the application as recommended by the Planning Board and Manager.

Resolution B would approve the application as recommended by the Transportation Board. The key difference in Resolution B is that the Transportation Board is recommending 82 parking spaces. As described above, the Planning Board and Manager that 40 spaces would be a sufficient number.

Resolution C would approve the application as recommended by the Community Design Commission. The difference in Resolution C results from the Community Design Commission’s recommendations regarding noise. We believe that the Commission’s stated objectives are addressed with other stipulations and existing ordinances.

Resolution D would approve the application as recommended by the Bicycle and Pedestrian Advisory Board. The key differences between the Planning Board / Manager recommendations and Resolution D result from issues brought forward after the Bicycle and Pedestrian Advisory Board had reviewed the application.

Resolution E would deny the application.

Montessori Community School - Special Use Permit

Differences Among Resolutions

ISSUES	Resolution A (Approval) Town Manager’s Preliminary Recommendation and Planning Board Recommendation	Resolution B (Approval) Transportation Board Recommendation	Resolution C (Approval) Community Design Commission Recommendation	Resolution D (Approval) Bicycle & Pedestrian Advisory Board Recommendation
Minimum of 40 Bicycle Parking Spaces Rather Than 82	Yes, 40 Class I and II Spaces	No, 82 Class I and II Spaces	Yes, 40 Class I and II Spaces	Yes, 40 Class II Spaces
Protect 19-inch Tree in Southwest Corner of Site	Yes	*	*	*
Additional Scrutiny of Lighting Plans by CDC	Yes	*	*	*
Clarification That Stormwater Mgmt. Plan is Based on Undeveloped Conditions	Yes	*	*	*
Require That Stormwater Operations and Maintenance Plan be Provided Biannually in Perpetuity	Yes	*	*	*
Require That Erosion Control Plan Have Provisions for Monitoring	Yes	*	*	*
Prohibit Open Burning, Without Exception	Yes	No, But Allow Under Special Circumstances	No, But Allow Under Special Circumstances	No, But Allow Under Special Circumstances
Require Supplementary Board Fencing in NW Corner of Site	No	Yes	No	Yes
Require Supplementary Landscape Buffer in SW Corner of Site According to Sheet L1.00	Yes	*	Yes	*

*Issues not raised at Advisory Board meeting.

Montessori Community School - Special Use Permit

Differences Among Resolutions (Continued)

ISSUES	Resolution A (Approval) Town Manager’s Preliminary Recommendation and Planning Board Recommendation	Resolution B (Approval) Transportation Board Recommendation	Resolution C (Approval) Community Design Commission Recommendation	Resolution D (Approval) Bicycle & Pedestrian Advisory Board Recommendation
Require Landscape Maintenance Plan	Yes	*	*	*
Require Independent Assessment of Constructed Wetlands	Yes	*	*	*
Require Minimization of Mosquito Breeding Habitat	Yes	*	*	*
Restrict Hours of Construction	Yes	*	Yes, as part of Construction Management Plan	*
Expand Construction Management Plan to Include Restricting Construction Hours, and Minimizing Noise Generating Activities on Saturdays, When Possible	No, These Provisions are already specified in Hours of Construction stipulation	*	Yes	*
Require HVAC Noise Analysis	No, All Such Sounds Must Comply With the Noise Ordinance	*	Yes	*
Require a Transportation Management Plan	Yes	Yes	*	*

*Issues not raised at Advisory Board meeting.

ATTACHMENTS

1. Planning Staff Report (p. 11).

2. Project Fact Sheet Requirements (p. 23).

3. Resolution A (Manager’s Preliminary Recommendation and Planning Board Approving the Application) (p. 24).

4. Resolution B (Transportation Board Approving the Application) (p. 32).

5. Resolution C (Community Design Commission Approving the Application) (p. 36).

6. Resolution D (Bicycle and Pedestrian Advisory Board Approving the Application) (p. 40).

7. Resolution E (Denying the Application) (p. 44).

8. Community Design Commission Concept Plan Summary (p. 45).

9. Excerpt of Meeting Minutes, Council Concept Plan Review (p. 48).

10. Applicant’s Response to Set of Principles Adopted by Mayor’s Committee (p. 55).

11. Planning Board Summary of Action (p. 58).

12. Transportation Board Summary of Action (p. 62).

13. Community Design Commission Summary of Action (p. 63).

14. Bicycle and Pedestrian Advisory Board Summary of Action (p. 64).

15. Statement of Justification (p. 65).

16. Project Fact Sheet (p. 73).

17. Letter from the Montessori School Showing Distribution of Students by Age (p. 76).

18. Traffic Impact Analysis Exemption (p. 77).

19. Area Map (p. 78).

20. Reduced Plans (p. 79).

ATTACHMENT 1

STAFF REPORT

Subject: Public Hearing: Montessori Community School - Application for Special Use Permit (File No. 481.7.7A)

Date: February 21, 2005

INTRODUCTION

We have received a request for approval of a Special Use Permit for a school on a 9.4-acre site located on the west side of Pope Road, between Newton Drive and Fountain Ridge Road, at 4512 Pope Road. The applicant is proposing to construct 24,325 square feet of new floor area and demolish 4,515 square feet of existing floor area, for a net increase of 19,810 square feet of floor area. The proposed new construction includes a gymnasium/fine arts building and a middle school classroom building. The site is located in the Office/Institutional-2 (OI-2) zoning district. The site is located in the Durham County part of Chapel Hill and is identified as Tax Map 481, Block 7, Lot 7A.

BACKGROUND

1986: The Montessori School was built at its present site as approved in the Durham County zoning jurisdiction;

June 6, 1995: Site Plan Review approval by the Planning Board for expansion of 6,750 square feet of floor area;

October 29, 2002: A Concept Plan review of this application was conducted by the Community Design Commission (see attached summary);

October 20, 2003: A Concept Plan review of this application was conducted by the Town Council (see attached summary);

November 21, 2003: The Town sent a zoning violation letter to the Montessori School for non-compliance with two 1995 Site Plan Review conditions of approval regarding the southern buffer area and southern detention basin;

November 24, 2003: The Council adopted a set of principles, prepared by a Mayor’s Committee, to be considered in preparing a Special Use Permit application (see attached Resolution);

March 17, 2004: The Community Design Commission approved an alternate landscape buffer in response to one of the adopted principles in the November 24, 2003 Resolution;

April 12, 2004: The Montessori School submitted the current Special Use Permit application for the proposed 24,325 square-foot expansion.

April 26, 2004: The Town sent the Montessori School a letter of compliance regarding the zoning violation letter sent to the school November 21, 2003.

EVALUATION

The Town staff has reviewed this application for compliance with the standards of the Land Use Management Ordinance and the Design Manual and offers the following evaluation.

Existing Conditions

Location: The Montessori Community School occupies a 9.4-acre site, located on the west side of Pope Road, between Newton Drive and Fountain Ridge Road, at 4512 Pope Road. An elementary school is currently under construction on the south side of Ephesus Church Road in the Durham County zoning jurisdiction. There is a proposed 320-unit residential development under consideration on the Daniel Tract, across Pope Road in the Durham County zoning jurisdiction, at the intersection of Ephesus Church Road.

Existing Structures: The site includes five existing buildings including administration, classroom and gymnasium space, as well as a few small storage structures.

Vehicular Access: Vehicular access to the site is from two driveways on Pope Road with access to the parking lot.

Parking: There are 77 parking spaces on-site, including four handicapped spaces. There are five additional parking spaces that are used as loading spaces and a drop-off area.

Pedestrian Circulation: There is a public sidewalk along the Pope Road frontage, which ends at either side of the site, and a single walkway connecting the parking lot to the school entrance. There are also walkways and connecting buildings throughout the site.

Bus Stops, Routes: This area is served by the F-Route bus line and the closest bus stop is about 225 feet south of the southern driveway to the Montessori School, on Ephesus Church Road at the intersection of Newton Drive.

Topography, Drainage, Vegetative Cover: This site has average slopes of less than 10 percent. The highest elevation is approximately 340 feet along Pope Road (eastern property line) and slopes towards the back of the site where the lowest point is approximately 310 feet.

Stormwater runoff occurs as sheet flow across the site. The site includes a man-made stormwater detention basin. The site does not lie within the Federal Emergency Management Agency (FEMA) 100-year floodplain, however the site is located inside the Watershed Protection District and is subject to impervious surface limits specified in Section 3.6.4 of the Land Use Management Ordinance. See additional detail in the Watershed Protection District section below.

The site is primarily open but has vegetation around the perimeter of the site, with a mixture of pine and hardwood trees. There are a number of specimen trees, including several large white oaks, and a significant tree stand on the eastern part of the site.

Development Description

The applicant proposes to expand the existing parking lot to provide a total of 84 parking spaces and as well as 40 bicycle parking spaces.

Two constructed wetlands for managing stormwater and educational purposes are proposed for the site.

Concept Plan / Special Use Permit Application Comparison

The plans for the Montessori Community School have changed in several respects from Concept Plan review by the Community Design Commission (October 29, 2002), the Concept Plan Review by the Town Council (October 20, 2003) and the current Special Use Permit application. Some of those differences are noted in the table below:

Concept Plan / Special Use Permit - Comparison

	Type of Review
	Concept Plan Review: Community Design Commission 10/29/02	Concept Plan Review: Town Council 10/20/03	Special Use Permit Review: December 2004
Proposed Floor Area	17,250 sq ft	19,188 sq ft	24,325 sq ft
Total Floor Area	35,272 sq ft	36,040 sq ft	37,980 sq ft
Proposed Impervious Surface	Not specified	38,924	57,044* sq ft
Total Impervious Surface	Not specified	89,884 sq ft	134,455 sq ft
Proposed Parking Spaces	-2	2	7
Total Parking Spaces	75	79	84
Bicycle Parking Spaces	0	0	40

*Applicant is proposing 32,670 square feet of pervious pavement for which they may be able to get a partial impervious surface credit, depending on design details.

Ordinance Requirements

Zoning: The site is located in the Office/Institutional-2 (OI-2) zoning district and is adjacent to the Residential-2 (R-2) zoning district on all boundaries except for a portion of the eastern boundary, which is adjacent to Pope Road and the Durham County zoning jurisdiction (the transition from Chapel Hill to Durham zoning jurisdictions occurs at the western edge of Pope Road). The adjacent development is single-family residential at the southern, western, northern, and part of the eastern boundaries to the site. Some of the permitted uses in the Office/Institutional-2 zoning district include schools, office-type business uses, clinic uses, and research activities, for example.

The Montessori Community School was approved by Durham County prior to this area being annexed by Chapel Hill on August 31, 1986. The property was rezoned from Durham County zoning to Chapel Hill’s Office/Institutional-2 (OI-2) on October 27, 1986.

Land Use Plan: The Comprehensive Plan adopted by the Council on May 8, 2000, identifies this site as Institutional.

Dimensional Standards: The proposed project meets the dimensional standards outlined in the Dimensional Matrix (Table 3.8-1) of the Land Use Management Ordinance for the Office/Institutional-2 (OI-2) zoning district.

Transportation Issues

Vehicular Access: Changes to the existing vehicular circulation pattern for this site include the addition of a track around the proposed gymnasium/fine arts building and middle school building. We understand the track’s primary purpose will be for student athletics, however it will also serve the dual purpose of providing limited vehicular access. The applicant is proposing to limit vehicular access to the track for emergency vehicles only.

We recommend that vehicular access to the track be restricted to emergency and special delivery vehicles, with collapsible bollards or the like, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

Parking: Minimum parking requirements for this type of school in the Office/Institutional-2 (OI-2) zoning district are based on a minimum parking requirement of one parking space for every faculty/staff member. There are 49 faculty/staff members currently and the applicant has indicated that this number is expected to increase to 51 with the proposed expansion. The minimum required number of parking spaces is 51 for 51 faculty/staff members and the applicant is proposing 84 parking spaces. This proposal complies with the Land Use Management Ordinance minimum parking requirements.

This application includes a request for a new row of parking spaces as well as removal of some existing parking spaces for a net gain of seven spaces. The addition of seven proposed parking spaces to the 77 existing spaces provides a total of 84 parking spaces.

The five parking spaces that are currently used as loading spaces and a drop-off area are proposed by the applicant to be redesigned as a kiss-and-go drop off area. A stipulation to this effect is included in Resolution A.

Pedestrian Circulation: Proposed on-site improvements for pedestrian travel include extending a sidewalk from the parking lot to the sidewalk along the Pope Road frontage as well as walkways and a track providing pedestrian access to the other buildings on the site. The track will also serve as emergency and special delivery vehicle access as indicated in the Vehicular Access section.

Bicycle Parking: Section 5.9.7 of the Land Use Management Ordinance, requires that the applicant provide 82 bicycle parking spaces, based on the total projected enrollment at the Montessori School of 246 students. The applicant is requesting a modification to regulations to provide 40 bicycle parking spaces. The applicant argued at the Planning Board meeting on January 5, 2005 that only 110 of the projected 246 students are over six years of age and therefore likely to ride bicycles. The Montessori School has submitted a chart indicating the distribution of students, by age, which shows that 137 of the students are between two and six years old are escorted to their classrooms by parents (Attachment 17). The 110 students that would potentially ride bicycles to school and therefore use the bike racks, would require 37 parking spaces (one space for every three students) according to the Land Use Management Ordinance.

We believe that the applicant’s request to modify Section 5.9.7 of the Land Use Management Ordinance is reasonable and that the appropriate number of bicycle parking spaces would be a minimum of 37 spaces, or one space for every three of the 110 students old enough to ride bicycles to school. We believe that the 40 bicycle parking spaces that the applicant has offered to provide would be adequate and recommend that the recommend that the Council approve the applicant’s request to modify Section 5.9.7 of the Land Use Management Ordinance.

Bus Stop, Routes: No improvements to the existing bus stop network are proposed or recommended with this application.

Traffic Impact: A Traffic Impact Analysis was not required for this development proposal. The requirement to prepare a Traffic Impact Analysis may be waived by the Town Manager if all of the following conditions are met:

a) Daily trip generation is less than 500 (or, for a change to an existing property that does not requiring rezoning, difference in daily trip generation is less than 500);

b) No more than 250 vehicles per day (or, for a change to an existing property that does not requiring rezoning, no more than 250 vehicles per day) access an existing collector or local road;

c) The total traffic, including background traffic and additional traffic from proposed new site or redeveloped property does not exceed an average of 150 vehicles per day on any unpaved road;

d) The applicant submits a written request for a Traffic Impact Analysis waiver with appropriate supporting documentation including pedestrian/bicycle analysis, if applicable; and

e) The Town Manager concurs with the request.

This development proposal meets all of the above required criteria for a Traffic Impact Analysis waiver.

Landscaping And Architectural Issues

Significant Tree Stands: The applicant has identified a significant tree stand along the eastern boundary of the site. The applicant is proposing to remove two significant 18 and 20-inch white oak trees from the northeastern part of the site to accommodate one of the proposed constructed wetlands for stormwater management. The trees are on the eastern edge of the proposed pond. We recommend that the applicant minimize land disturbance and save these two significant 18 and 20-inch white oak trees, if practicable. We have included a stipulation to this effect in Resolution A. This will require adjustment to the proposed constructed wetlands.

Buffers and Landscaping: The table below outlines the minimum landscape buffers requirements for the site and the buffers proposed by the applicant.

Landscape Buffers
Location	Ordinance Requirement	Proposed Buffers
Eastern Property Line (Pope Road frontage)	Min. 30 ’ Type ‘D’ Buffer	20’ Type ‘C’ Buffer
Eastern Property Line (adjacent to undeveloped lots)	Min 20’ Type ‘C’ Buffer	20’ Type ‘C’ Buffer
Northern Property Line (towards Roper Lane)	Min 20’ Type ‘C’ Buffer	40’ Buffer + 20’ Passive Buffer (grasses and wetland pants)
Western Property Line (towards Colony Woods Dr.)	Min 20’ Type ‘C’ Buffer	40’ Buffer + 20’ Passive Buffer (grasses and wetland pants)
Southern Property Line (towards Newton Dr.)	Min 20’ Type ‘C’ Buffer	20’ Type ‘C’ Buffer and supplementary board fencing
Supplementary Landscape Buffer – Southwestern Corner of Site, Between Southern Constructed Wetland and Southern Property Line	NA	20’ Type ‘C’ Buffer

The applicant is proposing to comply with all of the minimum required buffer widths on the boundaries of the site except for the eastern property line, along the Pope Road frontage. The applicant has proposed a 20-foot wide Type ‘C’ buffer. We recommend that the applicant provide a minimum 30-foot wide Type ‘C’ buffer on the eastern property line along the Pope Road frontage and have included a stipulation to this effect in Resolution A. We do not believe that providing a buffer that is 10 feet wider will adversely impact the proposed new row of parking.

The applicant has offered to provide a 20-foot ‘Type C’ supplementary buffer in the southwestern corner of the site between the southern constructed wetland and the southern property line. We accept the supplementary buffer offered by the applicant and have included a stipulation to this effect in Resolution A.

The applicant has recently completed buffer improvements along the southern property line, in cooperation with neighbors. A buffer plan for the southern property line was originally approved in 1995. The revised plan, now a component of the 1995 approval, was approved by the Community Design Commission on March 17, 2004. The approved buffer includes additional plantings and supplemental wooden fencing.

We recommend that the Landscape Protection Plan be revised to include the installation of tree protection fencing between the proposed relocated underground electric service line north of the parking lot and adjacent vegetation that is proposed to be retained. We have included a stipulation to this effect in Resolution A.

We recommend that a detailed landscape protection plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan must include a detail of protective fencing and construction parking and materials staging/storage areas. This plan must also show all critical root zones of rare and specimen trees affected by proposed construction indicate which labeled trees are proposed for removal, and where tree protection fencing will be installed. We have included a stipulation to this effect in Resolution A.

We recommend that detailed landscape plans (including buffers), landscape maintenance plans, and parking lot shading requirements 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. We have included a stipulation to this effect in Resolution A.

We recommend 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 plans shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

We also recommend that the applicant comply with Town parking landscaping standards in Section 5.9.6(d) of the Land Use Management Ordinance. The shading plan shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

Building Elevations and Lighting Plan: We recommend that detailed building elevations and a lighting plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

Environmental Issues

Watershed Protection District: The site is located inside the Watershed Protection District and is subject to impervious surface limits specified in Section 3.6.4 of the Land Use Management Ordinance. The Land Use Management Ordinance requires proposed development to comply with either a Low Density Option (24% impervious surface limit) or a High Density Option (50% impervious surface limit). The applicant is proposing to comply with the High Density Option.

The Land Use Management Ordinance typically allows applicants to deduct impervious surface area that existed on a development site as of July 1, 1993 from the impervious surface area calculation of proposed impervious surface. However, the applicant has agreed to treat the site as “undeveloped” in regard to impervious surface in accordance with the principles developed by a Mayor’s Committee in November 2003 (Attachment 10) that engaged neighbors and school officials in discussions regarding proposed plans for the Montessori School. Therefore, the applicant has not deducted the existing impervious surface, as would typically be done.

The applicant is proposing to add 37,234 square feet of impervious surface area to the existing impervious surface area of 77,411 square feet, for a total of 114,645 square feet or 27.9% of the gross land area of 419,367 square feet gross land area and therefore complies with the 50% impervious surface limit or “High Density Option.” The applicant is therefore required to provide structural controls to control the first inch of rainfall runoff with according to Section 3.6.4 of the Land Use Management Ordinance.

Floodplain: The 1983 Federal Emergency Management Agency (FEMA) Floodplain Map does not identify this site as being in the 100-year floodplain.

Resource Conservation District: There is no Resource Conservation District on the site as associated with the presence of perennial stream channels or as related to an elevation of three feet above the 100-year floodplain. The Town conducted an on-site inspection and determined that there were no perennial or intermittent streams.

An ephemeral stream channel was identified draining the northernmost stormwater basin, with a northwest/southeast orientation, to the east of the proposed gymnasium. The applicant proposes to build the new gymnasium and track that would overlie the stream channel. According to Section 5.4.6 of the Land Use Management Ordinance, land disturbance within the stream channel of any ephemeral stream shall be minimized, and prohibited unless the necessity for such disturbance is demonstrated. The applicant has indicated that the disturbance of the ephemeral stream is necessary (Attachment 15).

The presence of a perennial or intermittent stream is not the only determinant in identifying Resource Conservation District. The Town’s Resource Conservation District is also defined as an elevation 3 feet above the 100-year floodplain. The information contained in a letter from FEMA, indicates that the lowest elevation on this site is 3.2 feet above the 100-year floodplain elevation. Based on this information, we believe there is no Resource Conservation District on this site.

Stormwater Management: The applicant is proposing to manage stormwater associated with the proposed development by constructing two constructed wetlands features that are roughly in the same area as existing stormwater ponds but redesigned and enlarged. The constructed wetlands are proposed to be located in the southwest and northeast corners of the site. We believe that the proposed constructed wetland in the northeast corner of the site can be moved or adjusted to save two significant oak trees (see Significant Tree Stands). The proposed stormwater management facilities are identified on Sheet C2 of the plans.

We believe, based on the preliminary information submitted by the applicant, that the proposed stormwater management facility design will comply with the Land Use Management Plan stormwater standards for rate, quality and volume.

We recommend that the Operations and Maintenance Plan for the constructed wetlands be revised to 1) delete all notes indicating the use of fertilizer within 30 feet of the wetland; 2) include notes specifically applicable to wetland maintenance such as plant survival and maintenance; and 3) include mosquito control notes which may include the introduction of the Gambusia spp. (mosquito fish). We have included stipulations to this effect in Resolution A.

The ordinance requires 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. We recommend that the constructed wetland design not result in land disturbance within the revised Significant Tree Stand Area. Prior to the issuance of a Zoning Compliance Permit, a Tree Protection Plan shall be reviewed and approved by the Town Manager. We have included a stipulation to this effect in Resolution A.

The Stormwater Management Plan shall be based on the one-year, two-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 two-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.

Erosion Control: The regulations require that a soil erosion and sedimentation control plan (including provisions for maintenance of facilities and of the plan if necessary), be approved by the County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to the issuance of a Zoning Compliance Permit. If more than one acre of land is disturbed, 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. We have included stipulations to this effect in Resolution A.

Utilities And Service Issues

Refuse Management: The Ordinance requires that a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing of construction debris, and demolition waste be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

We recommend that the following note be included on the final plans regarding drive-aisles and service vehicles: “The Town of Chapel Hill, its’ assigns or the County, shall not be responsible for any pavement damage, to existing or proposed area that may result from service vehicles.”

We also recommend that the final plan confirm that no overhead obstruction or utility wires will interfere with service vehicle access or operation. These standard stipulations are included in Resolution A.

Utilities: The Ordinance requires that detailed utility plans be reviewed and approved by OWASA, Duke Power Company, Public Service Company, BellSouth, Time Warner Cable and the Town Manager prior to issuance of a Zoning Compliance Permit. Except for three phase power lines, the Ordinance requires that all new or relocated utility lines be located underground. We have included these standard stipulations in Resolution A.

Fire Safety: We have included our standard stipulation requiring that a fire flow report sealed by a professional engineer, be submitted for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit, for all proposed fire hydrants. We have included a stipulation to this effect in Resolution A.

Miscellaneous Issues

Traffic and Pedestrian Control Plan: We recommend that a Traffic Management Plan for movement of motorized and non-motorized vehicles on any public streets (maintained and operated by the Town or the NCDOT) that will be disrupted during construction, including detour information and a Pedestrian Management Plan indicating how pedestrian movements on or adjacent to public rights-of-way will be safely maintained be reviewed and approve by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

Temporary Building During Construction: The applicant is proposing a temporary building for school administrative offices during the proposed construction (Attachment 20, sheet C-1a). We recommend that the Town Manager approve the size and location of the building prior to issuance of a Zoning Compliance Permit.

Construction Hours: The applicant has worked with neighbors to restrict the hours and days of construction more than that allowed by the provisions in the noise ordinance. The Town Noise Ordinance (Section 11-40) allows construction operations from 7:00 a.m. to 9:00 p.m. on weekdays and 8:00 a.m. to 9:00 p.m. on weekends for which Building Permits have been issued. The applicant has proposed limiting the hours of construction from 7:30 a.m. to 5:00 p.m. on weekdays and 10:00 a.m. to 5:00 p.m. on Saturdays, with no construction hours allowed on Sunday. The applicant has also offered to minimize noise generating construction activity on Saturdays, whenever possible.

We believe that restricted construction hours that allow the Montessori School project to proceed in a timely manner and satisfy the needs of the surrounding neighborhood is in everyone’s interest. A stipulation with the reduced construction hours is in Resolution A.

Special Use Permit Findings

For approval of a Special Use Permit, the Council must make the following findings, as set forth in Article 4.5.2 of the Land Use Management Ordinance:

1. That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. That the use or development complies with all required regulations and standards of this Chapter, including all applicable provisions of the Land Use Management Ordinance;

3. That the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity; and,

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.

Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made with the requested modification to regulations in the Key Issues section above.

CONCLUSION

Based on information available at this stage of the application review process, we believe that the proposal, with the conditions in Resolution A, meets the requirements of the applicable sections of the Land Use Management Ordinance and Design Manual, and that the proposal conforms with the Comprehensive Plan.

Resolution A through D would approve the application and the requested modification to regulations with conditions. Resolution E would deny the application.

ATTACHMENT 2

Project Fact Sheet Requirements

Check List of Regulations and Standards

Special Use Permit Application

Montessori Community School	Compliance	Non-Compliance
Use Permitted	Ö (with approval of a Special Use Permit)
Min. Gross Land Area	Ö
Min. Lot Size	Ö
Min. Lot Width	Ö
Max. Floor Area	Ö
Impervious Surface Limits	Ö
Treatment of Stormwater Quality, Volume, and Rate	Ö
Min. Recreation Area	NA
Min. # Vehicular Parking Spaces	Ö
Min. # Bicycle Parking Spaces	Ö (as conditioned)
Max. # Dwelling Units	NA
Min. Street Setback	Ö
Min. Interior Setback	Ö
Min. Solar Setback	Ö
Max. Height Limit	Ö
Min. Landscape Buffers	Ö (as conditioned)
Steep Slopes	Ö
Resource Conservation District	Ö (if ephemeral stream, disturbance is authorized)
Watershed Protection District	Ö
Adequate Public Schools Facilities	NA
Section 6.18 (Planned Developments)	NA

NA = Not Applicable Prepared: February 14, 2005

ATTACHMENT 3

RESOLUTION A

(Manager’s Preliminary Recommendation and

Planning Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR MONTESSORI COMMUNITY SCHOOL

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 Josh Gurlitz of GGA Associates for Montessori Community School on property identified as Durham County Tax Map 481, Block 7, Lot 7A (PIN 0709-03-04-2720) if developed according to the site plans dated September 13, 2004 and the Landscape Buffer Plan dated October 6, 2004, and the 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 Council finds, in this particular case, that the following modification satisfies public purposes to an equivalent or greater degree:

Modification of Section 5.9.7 of the Land Use Management Ordinance minimum bicycle parking requirements, to allow a minimum of 40 bicycle parking spaces.

Said public purpose being the provision of private elementary school education, which functions as an option to public schools.

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit for Montessori Community School in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. That construction begin no later than (two years from approval date) and be completed no later than (three years from approval date).

2. Land Use Intensity: This Special Use Permit authorizes a school and land use intensity requirements and dimensional standards as specified below:

Land Use Intensity
Net Land Area	409,987 sq ft
Total # of Buildings	5
Maximum Floor Area	37,980 sq ft
Maximum Impervious Surface Area	209,684 sq ft
Maximum # of Parking Spaces Proposed	84
Minimum # of Bicycle Spaces	40

Stipulations Related to Transportation Issues

3. Kiss-and-Go Drop Off Area: That the applicant provide a kiss-and-go drop off area in front of the school.

4. Vehicular Access Limitations to Track Area: That vehicular access to the track shall be identified on the plans as restricted to emergency and special delivery vehicles, with collapsible bollards or similar devices, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

5. 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 Pope Road right-of-way.

6. Bicycle Parking: That the development shall comply with bicycle parking standards from the Land Use Management Ordinance and the Town’s Design Manual and provide 40 bicycle parking spaces, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

7. Parking Lot Standards: That all parking lots, drive aisles and parking spaces shall be constructed to Town standards.

8. Transportation Management Plan: That the applicant provide a Transportation Management Plan to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. The required components of the Transportation Management Plan shall include:

a) Provision for designation of a Transportation Coordinator;

b) Provision for an annual Transportation Survey and Annual Report to the Town Manager;

c) Quantifiable traffic reduction goals and objectives;

d) Ridesharing incentives; and

e) Public transit incentives.

The plan shall be updated and approved annually by the Town Manager.

Stipulations Related to Landscaping and Architectural Issues

9. 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:

Landscape Bufferyards
Location	Required Buffer
Eastern Property Line (Pope Road frontage)	30’ Type ‘C’ Buffer
Eastern Property Line (adjacent to undeveloped lots)	20’ Type ‘C’ Buffer
Northern Property Line (towards Roper Lane)	40’ Buffer + 20’ Passive Buffer (grasses and wetland pants)
Western Property Line (towards Colony Woods Dr.)	40’ Buffer + 20’ Passive Buffer (grasses and wetland pants)
Southern Property Line (towards Newton Dr.)	20’ Type ‘C’ Buffer

10. Supplemental Buffer: That the applicant shall provide a supplemental 20-foot ‘Type-C’ Landscape Buffer between the southern constructed wetland and the required 20-foot ‘Type-C’ Landscape Buffer. The supplemental buffer shall be located as shown on drawing C1-b of approved plans, subject to Town Manager approval.

11. Landscape Buffer Details: That the applicant shall provide detailed information, regarding the location of planting areas (that will be improved to support vigorous plant growth) and board fencing within buffer areas (i.e. in the southern buffer).

12. Save Significant Trees: That the applicant shall minimize land disturbance and save two significant 18- and 20-inch white oak trees in the northeast corner of the site on the eastern edge of the proposed stormwater pond, if practicable, to be approved by the Town Manager, prior to issuance of a Zoning Compliance Permit.

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

That the applicant shall include in the final plans a revised Landscape Protection Plan that identifies the 19-inch specimen tree, that has been noted in the SW corner of the site. The tree species, location, and how it will be protected, if practicable, shall be included on the plan prior to issuance of a Zoning Compliance Permit.

14. Landscape Maintenance Plan: That the applicant shall provide a detailed Landscape Maintenance Plan, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.

15. Additional Tree Protection Fencing: That the Landscape Protection Plan shall also include the installation of tree protection fencing between the proposed relocated underground electric service line north of the parking lot and adjacent vegetation that is proposed to be retained.

16. Landscaping Plan: That a detailed landscape plan including 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.

17. Parking Lot Landscape 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 landscape screening plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

18. Shading Plan: That prior to issuance of a Zoning Compliance Permit, a Shading Plan must be submitted and approved by the Town Manager demonstrating compliance with Town regulations.

19. 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.

20. Lighting Plan: That the Community Design Commission approve a lighting plan for this project prior to issuance of a Zoning Compliance Permit. The Community Design Commission 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.

Stipulations Related to Environmental Issues

21. Watershed Protection District / Impervious Surface Limits: That the site shall comply with Article 3.6.4 of the Land Use Management Ordinance. Impervious surface area is authorized at 170,978 square feet.

22. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit, the applicant shall submit a Stormwater Management Plan, based on undeveloped site conditions (not existing conditions), for review and approval by the Town Manager. The plan shall include details of two constructed wetlands or similar stormwater management facility. The plan shall be based on the one-year, two-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 two-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.

23. Constructed Wetlands: That the Montessori School shall arrange for an independent evaluation of the School’s stormwater management strategies and designs, to be performed by a stormwater engineer familiar with constructed-wetlands technologies. The Town shall select the professional(s) for this evaluation, with opportunity for School representatives and neighborhood representatives to have input on the selection.

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

25. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities with provisions for a biannual report to the Town Manager verifying compliance with the plan. We recommend that the plan include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended in perpetuity and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.

26. Stormwater Operations and Maintenance Plan Details: That the Operations and Maintenance Plan for the constructed wetlands 1) delete all notes indicating the use of fertilizer within 30 feet of the wetland; 2) include notes specifically applicable to wetland maintenance such as plant survival and maintenance; and 3) include mosquito control notes which may include the introduction of the Gambusia spp. (mosquito fish), and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.

27. Mosquito Control: That mosquito breeding potential of any stormwater control devices, cisterns, or other water-holding structures, shall be minimized, subject to Town Manager approval.

28. 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.

29. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for monitoring and maintenance of facilities and modifications of the plan if necessary, be approved by the County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. That a performance guarantee 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. Close attention shall be paid to sedimentation and erosion control measures during construction.

30. 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

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

32. Heavy Duty Pavement: That final plans include the following note, prior to issuance of a Zoning Compliance Permit: “The Town of Chapel Hill, its’ assigns or the County shall not be responsible for any pavement damage that may result from service vehicles.

33. 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.

34. 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.

35. 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.

36. Fire Flow: That a fire flow report for all new construction, shall be prepared and sealed by a registered professional engineer, which demonstrates 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.

Stipulations Related to Miscellaneous Issues

37. 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.

38. Temporary Modular Trailer: That the applicant may locate a temporary modular trailer on site, for the purpose of providing administrative office space for school staff during construction, the exact location to be determined by the Town Manager prior to issuance of a Zoning Compliance Permit.

39. 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.

40. Hours of Construction: That the weekday hours of construction shall not start before 7:30 a.m. and shall end no later than 5:00 p.m. That Saturday hours of construction shall not start before 10:00 a.m. and shall end no later than 5:00 p.m. No Sunday hours of construction shall be permitted. Certain holidays shall also be restricted including December 25^th, New Years Day, and the day following each of those if the holiday falls on a Sunday, Martin Luther King Day, Memorial Day, July 4^th, Labor Day and Thanksgiving. Prior to issuance of a Zoning Compliance Permit the applicant shall submit a schedule of operations that could result in objectionable noise to the Town Manager for approval. Once approved the schedule of operations shall be restricted by the hours listed above and a note to this effect shall be included on the plans. Noise generating construction activities shall be minimized on Saturdays whenever possible. Operations which do not generate objectionable noise will not be restricted. Any extension of these hours, for specific operations, shall be approved by the Town Manager.

41. Open Burning: That the open burning of trees, limbs, stumps and construction debris associated with this development is prohibited.

42. 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.

43. 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.

44. 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.

45. 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.

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

47. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE FURTHER IT RESOLVED that the Council hereby approves the application for the Special Use Permit application for Montessori Community School in accordance with the plans and conditions listed above.

This the______day of__________________, 2005.

ATTACHMENT 4

RESOLUTION B

(Transportation Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR MONTESSORI COMMUNITY SCHOOL

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 Council finds, in this particular case, that the following modification satisfies public purposes to an equivalent or greater degree:

1. Modification of Section 5.9.7 of the Land Use Management Ordinance minimum bicycle parking requirements, to allow a minimum of 40 bicycle parking spaces.

Said public purpose being the provision of private elementary school education, which functions as an option to public schools.

1. Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development unless modified or superseded by those stipulations below.

2. Revise the following stipulations in Resolution A as follows (underlines for additions [not including headings] and strikeouts for deletions):

· Bicycle Parking: That the development shall comply with bicycle parking standards from the Land Use Management Ordinance and the Town’s Design Manual and provide 82 40 bicycle parking spaces, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

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

That the applicant shall include in the final plans a revised Landscape Protection Plan that identifies the 19” specimen tree that has been noted in the SW corner of the site. The tree species, location, and how it will be protected, if practicable, shall be included on the plan prior to issuance of a Zoning Compliance Permit.

· Lighting Plan: That the Community Design Commission approve a lighting plan for this project prior to issuance of a Zoning Compliance Permit. ~~The Community Design Commission 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.~~

· Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit, the applicant shall submit a Stormwater Management Plan, ~~based on undeveloped site conditions (not existing conditions),~~ for review and approval by the Town Manager. The plan shall include details of two constructed wetlands or similar stormwater management facility. The plan shall be based on the one-year, two-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 two-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.

· Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities ~~with provisions for a biannual report to the Town Manager verifying compliance with the plan~~. We recommend that the plan include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended ~~in perpetuity~~ and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.

· Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for ~~monitoring and~~ maintenance of facilities and modifications of the plan if necessary, be approved by the County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. That a performance guarantee 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. ~~Close attention shall be paid to sedimentation and erosion control measures during construction.~~

· Open Burning: That the open burning of trees, limbs, stumps and construction debris associated~~ion~~ 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.

3. Add the following stipulation to Resolution A as follows:

· Supplementary Board Fencing: That the applicant shall provide supplementary board fencing for sound mitigation, as well as visual obstruction, in the northwest corner of the site, adjacent to the ball field, with dimensions approximately 225 feet in length on the northern boundary and 325 feet in length on the western boundary and of adequate height to mitigate noise, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

4. Delete the following stipulations from Resolution A as follows:

· Supplemental Buffer: That the applicant shall provide a supplemental 20-foot ‘Type-C’ Landscape Buffer between the southern constructed wetland and the required 20-foot ‘Type-C’ Landscape Buffer. The supplemental buffer shall be located as shown on drawing C1-b of approved plans, subject to Town Manager approval.

· Landscape Maintenance Plan: That the applicant shall provide a detailed Landscape Maintenance Plan, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.

· Constructed Wetlands: That the Montessori School shall arrange for an independent evaluation of the School’s stormwater management strategies and designs, to be performed by a stormwater engineer familiar with constructed-wetlands technologies. The Town shall select the professional(s) for this evaluation, with opportunity for School representatives and neighborhood representatives to have input on the selection.

· Mosquito Control: That mosquito breeding potential of any stormwater control devices, cisterns, or other water-holding structures, shall be minimized, subject to Town Manager approval.

· Hours of Construction: That the weekday hours of construction shall not start before 7:30 a.m. and shall end no later than 5:00 p.m. That Saturday hours of construction shall not start before 10:00 a.m. and shall end no later than 5:00 p.m. No Sunday hours of construction shall be permitted. Certain holidays shall also be restricted including December 25^th, New Years Day, and the day following each of those if the holiday falls on a Sunday, Martin Luther King Jr. Day, Memorial Day, July 4^th, Labor Day and Thanksgiving. Prior to issuance of a Zoning Compliance Permit the applicant shall submit a schedule of operations that could result in objectionable noise to the Town Manager for approval. Once approved the schedule of operations shall be restricted by the hours listed above and a note to this effect shall be included on the plans. Noise generating construction activities shall be minimized on Saturdays whenever possible. Operations which do not generate objectionable noise will not be restricted. Any extension of these hours, for specific operations, shall be approved by the Town Manager.

BE IT FURTHER RESOLVED that the Council hereby approves the application for the Special Use Permit application for Montessori Community School in accordance with the plans and conditions listed above.

This the______day of__________________, 2005.

ATTACHMENT 5

RESOLUTION C

(Community Design Commission Recommendation)