AGENDA #8

MEMORANDUM

TO: Mayor and Town Council

From: W. Calvin Horton, Town Manager

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

DATE: March 7, 2005

INTRODUCTION

Tonight the Council continues the Public Hearing from February 21, 2005, regarding a Special Use Permit to allow the expansion and renovation of the Montessori Community School at 4512 Pope Road. The 9.4-acre site is located on the west side of Pope Road, between Newton Drive and Fountain Ridge 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. A total of 84 parking spaces are proposed. The proposed new construction includes a new middle school classroom building and a new fine arts/gymnasium building. The property 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 (PIN 0709-03-04-2720).

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 Special Use Permit application. We recommend that the Council adopt Resolution A, approving the application.

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, discusses key issues raised at the February 21, 2005 Public Hearing , presents evidence in the record thus far in support of and in opposition to approval of the application, and offers recommendations for Council action and includes resolutions of approval and denial.

¨ Attachments: Includes a copy of a document from the applicant and the February 21, 2005 Public Hearing memorandum.

BACKGROUND

Concept Plan reviews of this application were conducted by the Community Design Commission on October 29, 2002, and by the Town 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 (part of Attachment 2).

KEY ISSUE

We have identified one key issue associated with this development. This issue is discussed below.

1) Accounting of Impervious Surface Area : A Council member inquired about the 44,571 square-foot increase in total impervious surface area (from 89,884 sq. ft. to 134,455 sq. ft.), on the Montessori site from the Council Concept Plan review (October 20, 2003) to the submittal of the Special Use Permit application in December 2004. This information was shown in a table in the February 21, 2005 Public Hearing Memo titled, Concept Plan/Special Use Permit – Comparison (part of Attachment 2 and revised below).

Comment: As indicated in a table provided by the applicant (Attachment 2), the proposed impervious surface increase is not 44,571 square feet but 9,277 square feet. We have reviewed the information provided by the applicant (Attachment 2) and believe this revision can be attributed to two things: 1) incorrect entries and 2) 9,277 square feet of additional proposed impervious surface, as shown below (for additional detail see Attachment 1).

1. Incorrect Entries: The Concept Plan/Special Use Permit comparison table contained two errors, 1) the Concept Plan Review total impervious surface entry should have been 105,368 square feet (rather than 89,884), a 15,484 square-foot discrepancy and 2) the Special Use Permit Review total impervious surface entry should have been 114,645 square feet (rather than 134,455) a 19,810 square-foot discrepancy. The total of these two incorrect entries is 35,294 square feet.

2. Additional Proposed Impervious Surface: We have confirmed that 9,277 square feet of additional impervious surface is proposed with the Special Use Permit application, including, a) the emergency access lane around the proposed gymnasium (7,337 square feet); b) new net floor area (1,940 square feet).

As shown in the table above, as we understand, the actual change in the total impervious surface from the Council Concept Plan Review to the Public Hearing is 9,277 square feet and can be attributed to the emergency access lane and the net new floor area.

The applicant has chosen the high density option for managing stormwater on the Montessori site and accordingly is proposing to provide constructed wetlands for required structural stormwater controls. Provisions in the Land Use Management Ordinance allow for up to 50% impervious surface on a site being managed under the high density option. This proposal includes 27% impervious surface, well below the maximum.

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.

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.

We believe the evidence in the record to date can be summarized as follows:

Evidence in support: Evidence in support of this finding for the application has been provided by the applicant’s Statement of Justification (provided as Attachment 1 to the February 21, 2005 memorandum).

We note the following points from the applicant’s Statement of Justification:

· “The impacts of this proposed project have been studied and designs incorporated to mitigate these impacts. This proposal includes storm water management practices that meet and exceed current Town standards for both quantity and quality of storm water discharge. This proposal includes buffer yard dimensions that meet and exceed current Dimensional Standards required by the Land Use Management Ordinance for this use. The impact of vehicular traffic generated by this proposal has been evaluated by the Town’s traffic engineer and found to be not consequential.” [Applicant’s Statement]

Evidence in opposition: We have not identified any evidence offered in opposition to Finding #1.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

Finding #2: That the use or development complies with all required regulations and standards of this chapter, including all applicable provisions of Articles 3 and 5, the applicable specific standards in the Supplemental Use Regulations (Article 6) and with all other applicable regulations.

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:

· “This proposed project complies with the Chapel Hill Land Use Management Ordinance with regard to Use and Dimensional Regulations, Article 3; Design and Development Standards, Article 5; and Supplemental Use Regulations, as applicable, Article 6.” [Applicant’s Statement]

· “The planned development of this site includes the replacement of the detention basin with a constructed wetland to better manage rain and storm water.” [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.

Finding #3: That the use would be 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.

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 points from the applicant’s Statement of Justification:

“Buffer yard plans and plantings under this proposal will provide enhanced screening between this use and adjacent residential properties.” [Applicant’s Statement]

“Designed to comply with all of the developmental constraints of applicable portions of the town’s current Land Use Management Ordinance, this proposal represents the improvement of a currently occupied piece of property which will enhance 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.

Finding #4: That the use or development conforms with the general plans for the physical development of the Town as embodied in this Chapter and in the Comprehensive Plan.

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 Chapel Hill Land Use Management Ordinance was written to achieve the goals and objectives of the Comprehensive Plan. This proposed development complies with the Land Use Management Ordinance and conforms with the Comprehensive Plan.” [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 four findings necessary in order to approve the application. The Town Manager’s recommendation incorporates input from all Town departments involved in review of the application.

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.

Town Manager’s Revised Recommendation: Based on 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. Furthermore, we recommend that the following changes be made to stipulations in Resolution A as part of the Manager’s Revised Recommendation, which respond to issues raised at the February 21 Public Hearing. Specifically, we recommend that Stipulations #2, #6, and #10 be revised (strikeouts for deletions and underlines [except for headings] for new text):

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 50

South of the existing tri-plex classroom building outdoor activity shall be restricted to quiet student recreational activity. This could include gardening, nature observation and discussion, eating lunch and study. Noisy activities such as carpentry, music practice and band rehearsal are prohibited.

Comment: The applicant agreed to the above revision restricting where noisy activities could take place at the Montessori school in response to a neighbor’s concerns. We concur with the revised stipulation.

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 50 bicycle parking spaces, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

Comment: The applicant agreed to the above revised stipulation in response to a Council member’s concerns that 40 bicycle parking would not be adequate for staff and teachers, as well as students, and proposed increasing the number of bicycle parking spaces to 50, from 40. The applicant agreed and we concur with the revised stipulation.

Supplemental Buffer: That the applicant shall provide and maintain a supplemental 20-foot ‘Type-C’ Landscape Buffer between the southern constructed wetland and the required 20-foot ‘Type-C’ Landscape Buffer. Adjacent to this supplemental buffer and extending along the southern edge of the buried storm water pipe the applicant will provide and maintain a dense screen of new evergreen plant material in areas in which existing vegetation permits. The supplemental buffer shall be located as shown on drawing C1-b of approved plans, subject to Town Manager approval.

Comment: The applicant agreed to the above revision requiring an additional supplemental buffer in response to a neighbor’s concerns regarding visual impact. We concur with the revised stipulation.

Resolution A has been revised to include changes to the number of bicycle parking spaces, restrictions on where noisy student activities can occur, and a requirement for additional plantings near the southern supplemental buffer.

Resolution B would approve the application as recommended by the Planning Board. The key differences between the Town Manager’s recommendations and Resolution B result from issues brought forward after the Planning Board had reviewed the application.

Resolution C would approve the application as recommended by the Transportation Board. The key differences between the Town Manager’s recommendations and Resolution C is that the Transportation Board recommends 82 bicycle parking spaces and issues brought forward after the Planning Board had reviewed the application.

Resolution D would approve the application as recommended by the Community Design Commission. The key differences between the Town Manager’s recommendations and Resolution D is that the Community Design Commission are recommendations regarding noise and issues brought forward after the Planning Board had reviewed the application. We believe that the Commission’s stated objectives regarding noise are addressed with other stipulations and existing ordinances.

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

Resolution F would deny the application.

Montessori Community School - Special Use Permit

Differences Among Resolutions

ISSUES	Resolution A (Approval) Town Manager’s Revised Rec	Resolution B (Approval) Planning Board Rec	Resolution C (Approval) Transportation Board Rec	Resolution D (Approval) Community Design Commission Rec	Resolution E (Approval) Bicycle & Pedestrian Advisory Board Rec
Minimum of 50 Bicycle Parking Spaces	Yes, 40 Class I and II Spaces	No, 40 Class I and II Spaces	No, 82 Class I and II Spaces	No, 40 Class I and II Spaces	No, 40 Class II Spaces
Restrict Where Noisy Student Activities can Occur	Yes	*	*	*	*
Require Dense Evergreen Plantings Adjacent to Supplementary Buffer	Yes	*	*	*	*
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 Erosion Control Plan Have Provisions for Monitoring	Yes		*	*	*
ISSUES	Resolution A (Approval) Town Manager’s Revised Rec	Resolution B (Approval) Planning Board Rec	Resolution C (Approval) Transportation Board Rec	Resolution D (Approval) Community Design Commission Rec	Resolution E (Approval) Bicycle & Pedestrian Advisory Board Rec
Require That Stormwater Operations and Maintenance Plan be Provided Biannually in Perpetuity	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	*
Require Landscape Maintenance Plan	Yes		*	*	*
Require Independent Assessment of Constructed Wetlands	Yes		*	*	*
ISSUES	Resolution A (Approval) Town Manager’s Revised Rec	Resolution B (Approval) Planning Board Rec	Resolution C (Approval) Transportation Board Rec	Resolution D (Approval) Community Design Commission Rec	Resolution E (Approval) Bicycle & Pedestrian Advisory Board Rec
Require Minimization of Mosquito Breeding Habitat	Yes		*	*	*
Restrict Hours of Construction	Yes		*	Yes, as part of Construction Management Plan	*

*Issues not raised at Advisory Board meeting.

ATTACHMENTS

1. Revised Concept Plan/Special Use Permit Comparison Table, Provided by applicant (p. 36).

2. February 21, 2005 Public Hearing Item (begin new page 1).

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

RESOLUTION A

(Manager’s Revised Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR MONTESSORI COMMUNITY SCHOOL (2005-03-07/R-7a)

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 50 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 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 March 7, 2007 (two years from approval date) and be completed no later than March 7, 2008 (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	50

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 50 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 and maintain a supplemental 20-foot ‘Type-C’ Landscape Buffer between the southern constructed wetland and the required 20-foot ‘Type-C’ Landscape Buffer. Adjacent to this supplemental buffer and extending along the southern edge of the buried storm water pipe the applicant will plant and maintain a dense screen of new evergreen plant material in areas in which existing vegetation permits. 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” 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 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.

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 shall take 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 include 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 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 is the 7^th day of March, 2005.

RESOLUTION B

(Planning Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR MONTESSORI COMMUNITY SCHOOL (2005-03-07/R-7b)

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.

BE IT FURTHER RESOLVED that the Town 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:

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

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 50 40 bicycle parking spaces, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

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. Adjacent to this supplemental buffer and extending along the southern edge of the buried storm water pipe the applicant will plant a dense screen of new evergreen plant material in areas in which existing vegetation permits. The supplemental buffer shall be located as shown on drawing C1-b of approved plans, subject to Town Manager approval.

Delete the following stipulations from Resolution A as follows:

Noise Minimization: South of the existing tri-plex classroom building outdoor activity shall be restricted to quiet student recreational activity. This could include gardening, nature observation and discussion, eating lunch and study. Noisy activities such as carpentry, music practice and band rehearsal are prohibited.

This is the 7^th day of March, 2005.

RESOLUTION C

(Transportation Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR MONTESSORI COMMUNITY SCHOOL (2005-03-07/R-7c)

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:

5. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

6. Would comply with all required regulations and standards of the Land Use Management Ordinance;

7. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

8. 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:

2. 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:

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

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 50 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.

· 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 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.

· 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 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. Adjacent to this supplemental buffer and extending along the southern edge of the buried storm water pipe the applicant will plant a dense screen of new evergreen plant material in areas in which existing vegetation permits. 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 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.

· Noise Minimization: South of the existing tri-plex classroom building outdoor activity shall be restricted to quiet student recreational activity. This could include gardening, nature observation and discussion, eating lunch and study. Noisy activities such as carpentry, music practice and band rehearsal are prohibited.

This is the 7^th day of March, 2005.

RESOLUTION D

(Community Design Commission Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR MONTESSORI COMMUNITY SCHOOL (2005-03-07/R-7d)

a. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

b. Would comply with all required regulations and standards of the Land Use Management Ordinance;

c. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

d. 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~~ provide 40 covered bicycle parking spaces. The location of the spaces shall be in accordance with the annotated Plan L1.00 unless otherwise approved by the Town Manager, ~~standards from the Land Use Management Ordinance and the Town’s Design Manual and provide 50 bicycle parking spaces, subject to Town Manager approval,~~ prior to issuance of a Zoning Compliance Permit.

· Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle traffic will be managed, and restricting work hours as outlined in the below table, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. Noise generating construction activities shall be minimized on Saturdays whenever possible.

	Monday-Friday	Saturday	Sunday
Hours of Operation	7:30AM-5:00PM	10:00AM-5:00PM	Not permitted
In certain cases and the prior approval of the Town Manager, hours of operation may be extended beyond the listed restricted hours. The circumstances under which hours of operations may be adjusted by the Town Manager shall be described in the proposed Construction Management Plan.

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

4. Delete the following stipulations:

· 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.

· 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.

This is the 7^th day of March, 2005.

RESOLUTION E

(Bicycle and Pedestrian Advisory Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR MONTESSORI COMMUNITY SCHOOL (2005-03-07/R-7e)

i. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

ii. Would comply with all required regulations and standards of the Land Use Management Ordinance;

iii. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

iv. 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 provide ~~with bicycle parking standards from the Land Use Management Ordinance and the Town’s Design Manual and provide 50~~ 40 Class II bicycle parking spaces, as described in the Town’s Design Manual. The location of the spaces shall be in accordance with the annotated Plan C1a, unless otherwise approved ~~subject~~ to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

· Supplemental Buffers: That the approved plan shall include the supplemental conceptual north and west landscape plan as shown on plan sheet L1.00 and dated October 6, 2004. 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.

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

· HVAC Noise Analysis: That the Final Plan submission shall include a noise analysis study of the proposed HVAC system to determine if the proposed system complies with the Town of Chapel Hill Noise Ordinance.

4. Delete the following stipulations:

· 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.

· 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.

This is the 7^th day of March, 2005.

RESOLUTION F

(Denying the Special Use Permit Application)

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR MONTESSORI COMMUNITY SCHOOL (2005-03-07/R-7f)

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 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 the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Council finds, in this particular case, that the following modification does not satisfy 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.

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

(INSERT ADDITIONAL REASONS FOR DENIAL)

BE IT FURTHER RESOLVED that the Council hereby denies the application for Montessori Community School as proposed by Josh Gurlitz of GGA Associates for Montessori Community School.

This is the 7^th day of March, 2005.