ATTACHMENT 3

 

RESOLUTION A

(Recommendation of Approval)

(Manager’s Preliminary Recommendation)

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE CONDOMINIUMS (AKA UNIVERSITY CONDOMINIUMS, MCCORKLE PLACE, VILLAGE APARTMENTS)  (2005-)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by 213 E. Franklin Street LLC, By: DSM Asset Management, Inc., on property identified as Chapel Hill Township Tax Map 80, Block E, Lot 11 (PIN# 9788474898), if developed according to the site plan dated September 10, 2004 (revised November 28, 2004) and conditions listed below:

 

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

 

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

 

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

 

  1. 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 modifications satisfy public purposes to an equivalent or greater degree:

 

1.      Modification of the Dimension Matrix Table 3.8-1 to allow a maximum of 23,935 square feet of floor area.

 

2.   Modification of the Dimension Matrix Table 3.8-1 to allow a maximum density of 18 units per acre (eight units per .44 acres).

 

3.      Modification of the Dimensional Matrix Table 3.8-1 to allow a maximum of 12,908          square feet of impervious surface.

 

4.      Modification of the Dimension Matrix Table 3.8-1 to allow minimum setbacks: South (East           Franklin Street) 19 feet; West (Robertson Lane) 9 feet; and East (property line with Kappa      Delta) varies from 1 ½ to 11 feet.

 

5.      Modification of the Dimensional Matrix Table 3.8-1 to allow a maximum Primary Height of 48 feet.

 

6.      Modification of Section 5.9.7 to allow a minimum of 14 parking spaces on the site.

 

7.      Modification of Section 5.6.6-1 Schedule of Required Buffers to allow minimum landscape buffers on the following property lines: minimum of nine feet on the West; minimum 1.5 feet on the North; and minimum 1 foot on the East.

 

8.      Modification of Section 5.9.6 Parking Landscaping Standards for no five-foot landscaped strip between portions of the buildings and adjacent parking areas.

 

Said public purposes being (1) the provision of residential units in the downtown area, (2) the provision of less traffic impacts, (3) a provision for less stormwater runoff, (4) the provision of less impervious surface area, (5) installation of a new hydrant, sprinkler system, and new electrical and gas systems, (6) the promotion of safer pedestrian mobility, (7) the provision of increased landscaping in the parking lot and around the property, (8) preservation and enhancement of historic properties, (9) installation of Downtown Streetscape improvements, and (10) the provision of improved water quality with Best Management Practices.

 

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit for The Condominiums (aka the Village Apartments, University Condominiums, McCorkle Place Condominiums) in accordance with the plans listed above and with the conditions listed below:

 

                                                Stipulations Specific to the Development

 

1.      That construction begin by ____________ (two years from approval date) and be completed by                          (three years from approval date).

 

2.      Land Use Intensity: This Special Use Permit authorizes multi-family use and the construction of 1,077 additional square feet of floor for eight dwelling units and land use intensity requirements as specified below:

 

Net Land Area

19,040 sq ft

Total # of Buildings

2 (existing)

Maximum Floor Area

23,929 sq ft

Maximum Impervious surface

12,908 sq ft

Maximum Primary Height

44 ft.

Minimum Setbacks

South-19 ft.; West-9 ft.; East-1.5 ft.

Minimum # of Parking Spaces *

15

Minimum # of Bicycle Spaces

10

Parking Aisle Width

23 feet

Landscape Buffers

West-10 ft; North-1.5 ft (wall/vines); East-1 ft.

*Parking spaces may be decreased by one (14) in order to accommodate a 5-foot planting strip in lieu of parking space.

 

 

 

Stipulations Related to Transportation Issues

 

3.      Robertson Lane Driveway Turning Radius:  That the south side of the Robertson Lane driveway be “flattened” to create a wider turning radius and that the stone wall at the Robertson Lane at the driveway entrance be reconstructed. The driveway turning radius and stone wall relocation plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit and shall include access to the new sidewalk.

 

4.      Turning Radius at the Robertson Lane and East Franklin Street Intersection:  That both sides of Robertson Lane be modestly improved with an increased diameter of the turning radius within the “amenity strip” on East Franklin Street. The plans with these improvements shall be approved by the Town Manager prior to issuance of Zoning Compliance Permit.

 

5.      Robertson Lane Sidewalk:  That the sidewalk on Robertson Lane shall be continuous along the entire property frontage and within the existing Robertson Lane right-of-way. The sidewalk shall be four feet wide and raised above the Robertson Lane pavement. The sidewalk material shall be approved by the Historic District Commission and the Town Manager prior to issuance of a Zoning Compliance Permit.

 

6.      Truncated Sidewalk Domes:  That the applicant provide truncated domes on both sides of the East Franklin Street sidewalk to comply with ADA requirements prior to issuance of a Certificate of Occupancy.

 

7.      20-Foot Unobstructed Fire Apparatus Access:  That the applicant provide a 20-foot unobstructed fire apparatus access along the entire Robertson Lane frontage to include 11-foot paved Robertson Lane, 4-foot sidewalk (within the right-of-way adjacent to the east stone wall), the stone wall, and an additional 4 feet of lawn area.

 

8.      Robertson Lane Fence:  All fencing along Robertson Lane must be outside the 20-foot fire apparatus access. Any gates must open into the property. The fence proposed along the east edge of the property must include a gate to access the front yard. 

 

9.      Fire Lane/No Parking Signage:  That prior to the issuance of a Certificate of Occupancy access to the garage must be signed with “Fire Lane/No Parking” signs. Additional Fire Lane/No Parking signs must be placed along the south side of the driveway and along the west wall of the building. A signage plan must be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

10.  Alternative Vehicular Access:  If an alternative northern access from the parking lot to the University Presbyterian Church parking lot is proposed, the applicant must provide a Shared Access Agreement, signed by both property owners and notarized, to be approved by the Town Manager and recorded in the Orange County Register of Deeds Office prior to issuance of Zoning Compliance Permits for the changes to this property and the Church property.

 

11.  Security Lift Gate:  The driveway security gate shall be located at least one car length from Robertson Lane.

 

12.  Compact Spaces Designation:  That three parking spaces (the first one on the driveway, #1; the space next to the south side of the garage, #14; and the parallel space adjacent to the building, #15 be designated as compact spaces and labeled on the plans along with the standard spaces being identified.

 

13.  Alternative to Parking Space #15:  If 14 parking spaces are proposed, space #15 will be replaced with a 5-foot wide planting strip.

 

14.  Bicycle Parking:  That 10 bicycle parking spaces be provided inside the main building and an outdoor stationary rack be located in a convenient location for at least two bicycles.

 

15.  Repaving of Robertson Lane:  Prior to issuance of a Certificate of Occupancy, the applicant shall contact the Town Engineering Inspector to determine if Robertson Lane requires repaving, as a result of damage caused by the applicant or its contractors.  

 

Stipulation Related to Affordable Housing

 

16.  Provision of Affordable Housing: That the applicant shall provide a payment-in-lieu for $84,000 for 1.2 affordable dwellings to the Town’s Revolving Trust Fund prior to issuance of the Zoning Compliance Permit. 

 

Stipulations Related to Landscaping and Architectural Issues

 

17.  Landscape and Maintenance Plans:  That a detailed Landscape Plan, including size, type, and location of all proposed plantings, trees, and vegetation and buffer modifications, and a Maintenance Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

18.  Landscape Protection Plan:  That a detailed Landscape Protection Plan, clearly indicating which trees are proposed to be removed, a detail of the construction fencing, construction parking and materials staging/storage areas and location of tree protection fencing including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

19.  Parking Lot Shading Plan:  That a Shading Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

20.  5-Foot Landscape Buffer Strip:  That a 5-foot planting strip be provided between the parking lot and the building north of the entrance to the building.

 

21.  Streetscape Improvements:  Streetscape improvements shall be provided along the East Franklin Street frontage to include brick paved cross paths and groundcover plantings similar to the adjacent University Presbyterian Church property. If any site furnishings are proposed in this area, they must be consistent with the Town’s Downtown Streetscape Master Plan. The plans must be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

22.  Building Elevations:  That detailed building elevations shall be approved by the Historic District Commission prior to issuance of a Zoning Compliance Permit.

 

23.  Lighting Plan:  That the Historic District Commission approve a lighting plan for this project prior to issuance of a Zoning Compliance Permit.

 

24.  State Historic Preservation Office Approvals:  That any required State permits for building or site alterations 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.

 

Stipulations Related to Recreational Issues

 

25.  Recreation Payment-in-Lieu:  That a payment-in-lieu for recreation space of $11,580 be received by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

Stipulations Related to Environmental Issues

 

26.  Stormwater BMP Facility:  That a stormwater filtration insert (such as an“Aqua-Guard”) be included with the installation of a new catch basin for stormwater quality control within the northern portion of the parking lot, subject to Town Manager approval.

 

27.  Replacement of Existing Storm Drains:  That any existing damaged storm drains proposed to be used for this development be replaced or new lines rerouted and the damaged lines closed off to be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit

 

28.  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.

 

29.  Stormwater Operations and Maintenance Plan:  That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. The plan shall include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.

 

30.  Erosion Control:  That erosion control inlet protection must be provided on all existing and proposed storm drain inlets on the site.


 

Stipulations Related to Utility and Service Issues

 

31.   Solid Waste Refuse Collection:  A Shared Dumpster Agreement with the University Presbyterian Church must be reviewed and approved by the Town Manager and recorded at the Register of Deeds Office prior to issuance of a Zoning Compliance Permit.

 

If a shared Dumpster Agreement is not obtained, it will be necessary for the applicant to arrange private refuse collection for the development. Prior to issuance of a Zoning Compliance Permit, an agreement with a private refuse collection company must be submitted. 

 

32.  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.

 

33.  Recycled Materials:  It will be necessary to recycle all clean wood waste, scrap metal, and corrugated cardboard during building renovations.

 

34.  Orange County Solid Waste Pre-Demolition and Pre-Construction Conference:  It will be necessary to hold a pre-demolition and pre-construction conference with the Orange County Solid Waste staff.

 

35.  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.

 

36.  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.

 

37.  Work in the East Franklin Street Right-of-Way:  It will be necessary to obtain all Town permits necessary for installation of the new fire hydrant, Fire Department connection, and water lines in the East Franklin Street right-of-way.

 

38.  New East Franklin Street Water Line:  The water line indicated passing through a newly planted tree must be relocated or a new tree must be planted and plans approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

39.  Gas Line:  That the existing and proposed gas line be shown on the plans and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

40.  Garage Fire Rated Ceiling:  A 1-hour fire rated ceiling shall be constructed in the parking garage during renovations.

 

41.  Eastern 5-foot Fire Access:  A 5-foot unobstructed fire access path shall be provided from East Franklin Street to the rear of the building. No landscaping, other than ground cover, may be located within this 5-foot access. Landscape Plans for this area must be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

42.  Sprinkler System:  The new sprinkler system must comply with the Town Code requirements.

 

43.  Fire Flow:  That a fire flow report, shall be prepared and sealed by a registered professional engineer, and showing that flows meet the minimum requirements of the Town Design Manual, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

Stipulations Related to Miscellaneous Issues

 

44.  Project Name/Address:  That the name of the development and the addresses of the units shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

45.  Signage Plan: That the applicant submit a signage plan to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The signs shall be installed by the applicant prior to issuance of the first Certificate of Occupancy.

 

46.  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.

 

47.  Open Burning: That the open burning of construction debris association with this development is prohibited.

 

48.  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.

 

49.  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.

 

50.  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 and final plans.

 

51.  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.

 

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

 

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit for The Condominiums.

 

This the     day of                 , 2005.

 


 

ATTACHMENT 4

 

RESOLUTION B

(Bicycle and Pedestrian Advisory Board Recommendation)

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE CONDOMINIUMS (AKA UNIVERSITY CONDOMINIUMS, MCCORKLE PLACE, VILLAGE APARTMENTS)  (2005-)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by 213 E. Franklin Street LLC, By: DSM Asset Management, Inc., on property identified as Chapel Hill Township Tax Map 80, Block E, Lot 11 (PIN# 9788474898), if developed according to the site plan dated September 10, 2004 (revised November 28, 2004) and conditions listed below:

 

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

 

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

 

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

 

4.      Would conform with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.

 

BE IT FURTHER RESOLVED that the Council finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

 

1.   Modification of the Dimension Matrix Table 3.8-1 to allow a maximum of             23,935 square feet of floor area.

 

2.   Modification of the Dimension Matrix Table 3.8-1 to allow a maximum density of 18 units per acre (eight units per .44 acres).

 

3.   Modification of the Dimensional Matrix Table 3.8-1 to allow a maximum of 12,908          square feet of impervious surface.

 

4.   Modification of the Dimension Matrix Table 3.8-1 to allow minimum setbacks:      South (East Franklin Street) 19 feet; West (Robertson Lane) 9 feet; and East   (property line with Kappa Delta) varies from 1 ½ to 11 feet.

 

5.   Modification of the Dimensional Matrix Table 3.8-1 to allow a maximum Primary Height of 48 feet.

 

6.   Modification of Section 5.9.7 to allow a minimum of 14 parking spaces on the site.

 

7.   Modification of Section 5.6.6-1 Schedule of Required Buffers to allow minimum landscape buffers on the following property lines: minimum of nine feet on the West; minimum 1.5 feet on the North; and minimum 1 foot on the East.

 

8.   Modification of Section 5.9.6 Parking Landscaping Standards for no five-foot landscaped strip between portions of the buildings and adjacent parking areas.

 

Said public purposes being (1) the provision of residential units in the downtown area, (2) the provision of less traffic impacts, (3) a provision for less stormwater runoff, (4) the provision of less impervious surface area, (5) installation of a new hydrant, sprinkler system, and new electrical and gas systems, (6) the promotion of safer pedestrian mobility, (7) the provision of increased landscaping in the parking lot and around the property, (8) preservation and enhancement of historic properties, (9) installation of Downtown Streetscape improvements, and (10) the provision of improved water quality with Best Management Practices.

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for The Condominiums (aka University Condominiums, McCorkle Place Condominiums, Village Apartments) in accordance with the plans listed above and with the conditions listed below:

 

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.      Deleted Stipulation: That Stipulation 5 shall be deleted.

 

3.      Delete Stipulation 25: That Stipulation 25 shall be replaced with:

 

·        Recreation Payment-in-Lieu:  That a payment-in-lieu for recreation space of $6,216 be received by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

 

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit for The Condominiums.

 

This the     day of                 , 2005.

 


 

 

ATTACHMENT 5

 

RESOLUTION C

(Transportation Board Recommendation)

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE CONDOMINIUMS (AKA UNIVERSITY CONDOMINIUMS, MCCORKLE PLACE, VILLAGE APARTMENTS)  (2005-)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by 213 E. Franklin Street LLC, By: DSM Asset Management, Inc., on property identified as Chapel Hill Township Tax Map 80, Block E, Lot 11 (PIN# 9788474898), if developed according to the site plan dated September 10, 2004 (revised November 28, 2004) and conditions listed below:

 

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

 

  1. Would comply with all required regulations and standards of this Chapter,          including all applicable provisions of the Land Use Management Ordinance;

 

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

 

  1. 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 modifications satisfy public purposes to an equivalent or greater degree:

 

1.   Modification of the Dimension Matrix Table 3.8-1 to allow a maximum of 23,935 square feet of floor area.

 

2.   Modification of the Dimension Matrix Table 3.8-1 to allow a maximum density of 18 units per acre (eight units per .44 acres).

 

3.   Modification of the Dimensional Matrix Table 3.8-1 to allow a maximum of 12,908 square feet of impervious surface.

 

4.   Modification of the Dimension Matrix Table 3.8-1 to allow minimum setbacks: South (East Franklin Street) 19 feet; West (Robertson Lane) 9 feet; and East (property line with Kappa Delta) varies from 1 ½ to 11 feet.

 

5.   Modification of the Dimensional Matrix Table 3.8-1 to allow a maximum Primary Height of 48 feet.

 

6.   Modification of Section 5.9.7 to allow a minimum of 14 parking spaces on the site.

 

7.   Modification of Section 5.6.6-1 Schedule of Required Buffers to allow minimum landscape buffers on the following property lines: minimum of nine feet on the West; minimum 1.5 feet on the North; and minimum 1 foot on the East.

 

8.   Modification of Section 5.9.6 Parking Landscaping Standards for no five-foot landscaped strip between portions of the buildings and adjacent parking areas.

 

Said public purposes being (1) the provision of permanent residential units (including an affordable housing component) in the downtown area, (2) the provision of less traffic impacts, (3) a provision for less stormwater runoff, (4) the provision of less impervious surface area, (5) installation of a new hydrant, sprinkler system, and new electrical and gas systems, (6) the promotion of safer pedestrian mobility, (7) the provision of increased landscaping in the parking lot and around the property, (8) preservation and enhancement of historic properties, (9) installation of Downtown Streetscape improvements, and (10) the provision of improved water quality with Best Management Practices.

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for The Condominiums (aka University Condominiums, McCorkle Place Condominiums, Village Apartments) in accordance with the plans listed above and with the conditions listed below:

 

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.   Delete Stipulation 25: That Stipulation 25 shall be replaced with:

 

·        Recreation Payment-in-Lieu:  That a payment-in-lieu for recreation space of $6,216 be received by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

 

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit for The Condominiums.

 

This the     day of                 , 2005.

 

 


ATTACHMENT 6

 

RESOLUTION D

(Historic District Commission Recommendation)

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE CONDOMINIUMS (AKA UNIVERSITY CONDOMINIUMS, MCCORKLE PLACE, VILLAGE APARTMENTS)  (2005-)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by 213 E. Franklin Street LLC, By: DSM Asset Management, Inc., on property identified as Chapel Hill Township Tax Map 80, Block E, Lot 11 (PIN# 9788474898), if developed according to the site plan dated September 10, 2004 (revised November 28, 2004) and conditions listed below:

 

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

 

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

 

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

 

  1. 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 modifications satisfy public purposes to an equivalent or greater degree:

 

1.   Modification of the Dimension Matrix Table 3.8-1 to allow a maximum of          23,935 square feet of floor area.

 

2.   Modification of the Dimension Matrix Table 3.8-1 to allow a maximum density of 18 units per acre (eight units per .44 acres).

 

3.   Modification of the Dimensional Matrix Table 3.8-1 to allow a maximum of 12,908       square feet of impervious surface.

 

4.   Modification of the Dimension Matrix Table 3.8-1 to allow minimum setbacks:   South (East Franklin Street) 19 feet; West (Robertson Lane) 9 feet; and East            (property line with Kappa Delta) varies from 1 ½ to 11 feet.

 

5.   Modification of the Dimensional Matrix Table 3.8-1 to allow a maximum Primary Height of 48 feet.

 

6.   Modification of Section 5.9.7 to allow a minimum of 14 parking spaces on the site.

 

7.   Modification of Section 5.6.6-1 Schedule of Required Buffers to allow minimum landscape buffers on the following property lines: minimum of nine feet on the West; minimum 1.5 feet on the North; and minimum 1 foot on the East.

 

8.   Modification of Section 5.9.6 Parking Landscaping Standards for no five-foot landscaped strip between portions of the buildings and adjacent parking areas.

 

Said public purposes being (1) the provision of residential units in the downtown area, (2) the provision of less traffic impacts, (3) a provision for less stormwater runoff, (4) the provision of less impervious surface area, (5) installation of a new hydrant, sprinkler system, and new electrical and gas systems, (6) the promotion of safer pedestrian mobility, (7) the provision of increased landscaping in the parking lot and around the property, (8) preservation and enhancement of historic properties, (9) installation of Downtown Streetscape improvements, and (10) the provision of improved water quality with Best Management Practices.

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for The Condominiums (aka University Condominiums, McCorkle Place Condominiums, Village Apartments) in accordance with the plans listed above and with the conditions listed below:

 

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.      Deleted Stipulation 5: That Stipulation 5 shall be deleted. and replaced with:

 

3.      .Delete Stipulation 25 and replace with:

 

·        Recreation Payment-in-Lieu:  That a payment-in-lieu for recreation space of $6,216 be received by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

 

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit for The Condominiums.

 

This the     day of                 , 2005.

 


 

ATTACHMENT 7

 

RESOLUTION E

(Parks and Recreation Commission Recommendations)

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE CONDOMINIUMS (AKA UNIVERSITY CONDOMINIUMS, MCCORKLE PLACE, VILLAGE APARTMENTS)  (2005-)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by 213 E. Franklin Street LLC, By: DSM Asset Management, Inc., on property identified as Chapel Hill Township Tax Map 80, Block E, Lot 11 (PIN# 9788474898), if developed according to the site plan dated September 10, 2004 (revised November 28, 2004) and conditions listed below:

 

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

 

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

 

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

 

  1. 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 modifications satisfy public purposes to an equivalent or greater degree:

 

1.   Modification of the Dimension Matrix Table 3.8-1 to allow a maximum of          23,935 square feet of floor area.

 

2.   Modification of the Dimension Matrix Table 3.8-1 to allow a maximum density of 18 units per acre (eight units per .44 acres).

 

3.   Modification of the Dimensional Matrix Table 3.8-1 to allow a maximum of 12,908       square feet of impervious surface.

 

4.   Modification of the Dimension Matrix Table 3.8-1 to allow minimum setbacks:   South (East Franklin Street) 19 feet; West (Robertson Lane) 9 feet; and East            (property line with Kappa Delta) varies from 1 ½ to 11 feet.

 

5.   Modification of the Dimensional Matrix Table 3.8-1 to allow a maximum Primary Height of 48 feet.

 

6.   Modification of Section 5.9.7 to allow a minimum of 14 parking spaces on the site.

 

7.   Modification of Section 5.6.6-1 Schedule of Required Buffers to allow minimum landscape buffers on the following property lines: minimum of nine feet on the West; minimum 1.5 feet on the North; and minimum 1 foot on the East.

 

8.   Modification of Section 5.9.6 Parking Landscaping Standards for no five-foot landscaped strip between portions of the buildings and adjacent parking areas.

 

Said public purposes being (1) the provision of residential units in the downtown area, (2) the provision of less traffic impacts, (3) a provision for less stormwater runoff, (4) the provision of less impervious surface area, (5) installation of a new hydrant, sprinkler system, and new electrical and gas systems, (6) the promotion of safer pedestrian mobility, (7) the provision of increased landscaping in the parking lot and around the property, (8) preservation and enhancement of historic properties, (9) installation of Downtown Streetscape improvements, and (10) the provision of improved water quality with Best Management Practices.

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for The Condominiums (aka University Condominiums, McCorkle Place Condominiums, Village Apartments) in accordance with the plans listed above and with the conditions listed below:

 

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..  Deleted Stipulation 5: That Stipulation 5 be deleted.

 

 

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit for The Condominiums.

 

This the     day of                 , 2005.

 


 

 

ATTACHMENT 8

 

RESOLUTION F

(Recommendation of Denial)

(Planning Board Recommendation)

 

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE CONDOMINIUMS (AKA UNIVERSITY CONDOMINIUMS, MCCORKLE PLACE, VILLAGE APARTMENTS)  (2005-)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by 213 E. Franklin Street LLC, By: DSM Asset Management, Inc., on property identified as Chapel Hill Township Tax Map 80, Block E, Lot 11 (PIN# 9788474898), if developed according to the site plan dated September 10, 2004 (revised November 28, 2004) and conditions listed below:

 

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 this Chapter, including all applicable provisions of the Land Use Management Ordinance;

 

3.      Would not be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

 

4.      Would not conform with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.

 

BE IT FURTHER RESOLVED by the Town Council hereby denies the application for a Special Use Permit for The Condominiums in accordance with the plans listed above and the reasons listed below:

 

                                    (INSERT ADDITIONAL REASONS FOR DENIAL)

 

 

BE IT FURTHER RESOLVED that the Council finds, in this particular case, that the following modifications do not satisfy public purposes to an equivalent or greater degree:

 

1.      Modification of the Dimension Matrix Table 3.8-1 to allow a maximum of             23,935 square feet of floor area.

 

2.   Modification of the Dimension Matrix Table 3.8-1 to allow a maximum density of 18 units per acre (eight units per .44 acres).

 

3.      Modification of the Dimensional Matrix Table 3.8-1 to allow a maximum of 12,908 square           feet of impervious surface.

 

4.      Modification of the Dimension Matrix Table 3.8-1 to allow minimum setbacks: South (East Franklin Street) 19 feet; West (Robertson Lane) 9 feet; and East (property line with Kappa Delta) varies from 1 ½ to 11 feet.

 

5.      Modification of the Dimensional Matrix Table 3.8-1 to allow a maximum Primary Height of 48 feet.

 

6.      Modification of Section 5.9.7 to allow a minimum of 14 parking spaces on the site.

 

7.      Modification of Section 5.6.6-1 Schedule of Required Buffers to allow minimum landscape buffers on the following property lines: minimum of nine feet on the West; minimum 1.5 feet on the North; and minimum 1 foot on the East.

 

8.      Modification of Section 5.9.6 Parking Landscaping Standards for no five-foot landscaped strip between portions of the buildings and adjacent parking areas.

 

BE IT FURTHER RESOLVED that the Council hereby denies the application for a Special Use Permit for The Condominiums.

 

 

This the     day of                 , 2005.