AGENDA #2

MEMORANDUM

TO: Mayor and Town Council

From: W. Calvin Horton, Town Manager

Subject: Public Hearing: Dobbins Hill Phase II - Application for Special Use Permit Modification (Planned Development Housing)

DATE: April 18, 2005

INTRODUCTION

We have received a request for approval of a Special Use Permit Use Permit Modification (Planned Development Housing) to add residential units to the existing 55-unit Dobbins Hill Apartment complex located on the north side of Dobbins Drive. The Planned Development Housing proposal would add two buildings with a total of 32 multi-family units and 54 parking spaces. The 7.4 acre site is located in the Residential-4 (R-4) zoning district and is identified as Orange County Tax Map 27, Block B, Lot 3.

On March 17, 2005 the Town mailed out a notification to all property owners within 1,000 feet of the Dobbins Hill property. The notice included information on the date and room location for all Advisory Board meetings and the Council’s April 18, 2005 Public Hearing. The notice was also mailed to all residential addresses within the Dobbins Hill development, as requested by the Council.

The Dobbins Hill development is a tax-credit project that provides rental housing to families whose income does not exceed fifty percent (50%) of the area median income.

This Dobbins Hill Phase II application is closely linked to the Wilson Assemblage project. There is common infrastructure and the affordable housing associated with this Dobbins Hill Phase II application is an important component of the overall development of this area. Conditions of approval in the Wilson Assemblage project require that the Wilson Assemblage project cannot go forward without approval and construction of the proposed affordable units in the Dobbins Hill Phase II application.

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

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

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

¨ Staff Report Update: Describes recent revisions to the staff report provided to Advisory Boards.

¨ Staff Report to Advisory Boards: Offers a detailed description of the application and presents an evaluation of the application regarding its compliance with the standards and regulations of the Land Use Management Ordinance.

¨ Attachments: Resolutions of approval and denial, advisory board comments, and the applicant’s materials.

PROCESS

The Land Use Management Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Town standards; a report to the Planning Board is scheduled for April 19; and tonight we submit our report and preliminary recommendation to the Council.

The standard for review and approval of a Special Use Permit application involves consideration of four findings (description of the findings follows below). Evidence will be presented tonight. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Land Use Management Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.

BACKGROUND

May 24, 1993 The Town Council approved the Dobbins Hill Special Use Permit for 55 multi-family units on a 7.4 acre site. The Special Use Permit application included a proposal to rent 55 units to families at 40% to 60% of the median income. A copy of the 1993 Special Use Permit is attached to this memorandum (Attachment 12).

June 30, 1995 The owners of Dobbins Hill, Dobbins Hill Apartments Limited Partnership, entered into a 20-year agreement with the North Carolina Housing Finance Agency to provide rental housing to families whose income does not exceed fifty percent (50%) of the area median income.

November 15, 2004 The Town Council held a Public Hearing on the Wilson Assemblage Special Use Permit. The proposed Wilson Assemblage development included office/retail space, and 149 multi-family dwelling units. The Wilson Assemblage Special Use Permit application did not include the affordable residential units previously proposed by the applicant during a March 17, 2003 Concept Plan review. The Town Council encouraged the Wilson Assemblage applicant to incorporate affordable residential units back into the project. The Public Hearing was continued.

December 6, 2004 Responding to the Town Council’s comments received during the November 15, 2004 Public Hearing, the Wilson Assemblage applicant presented the Town Council with a petition to add affordable units in the adjacent Dobbins Hill development.

January 10, 2005 The Town Council granted expedited processing to the Dobbins Hill Phase II Special Use Permit Application.

January 25, 2005 The Dobbins Hill applicant submitted the Dobbins Hill Phase II Special Use Permit Modification application. The applicant’s proposal included the addition of 32 affordable units to the existing 55-unit Dobbins Hill development.

March 7, 2005 The Town Council approved a Special Use Permit for Wilson Assemblage. The approval included a stipulation requiring that the North Carolina Housing Finance Agency approve the applicant’s proposal to construct 32 affordable residential units in Dobbins Hill prior to the issuance of a Zoning Compliance Permit for Wilson Assemblage.

DESCRIPTION OF THE APPLICATION

This proposal includes two new buildings with a total of 32 affordable multi-family units and 54 new parking spaces.

Proposed improvements on this site are primarily located in the northwest and southwest corners of the Dobbins Hill development. In the southwest corner of the site the applicant is proposing a three-story building. This structure is identified as Building B on the site plan. This building will include 20 residential units and a recreational community center for the Dobbins Hill neighborhood. The proposed location for this building currently contains a dry basin stormwater facility. The applicant is also proposing to construct 26 parking spaces along the central access driveway adjacent to Building B. An active recreation area, including picnic tables and a horseshoe court, is also proposed near the southwest corner of Building B.

A second residential building, Building A, is proposed for the northwest corner of the site. The location for this building is proposed in the existing tot lot area. Twelve residential units are planned for this building. A 28-space parking lot is also proposed to the west of Building B, within the Duke Power Company utility easement. Because the proposed location for Building A will remove the existing tot lot, the applicant is proposing a new tot lot in the northeast corner of the site.

Other on-site improvements include a proposal for a driveway between the north end of the existing Dobbins Hill parking lot and the future public roadway connection to Sage Road. Several internal pedestrian sidewalk improvements are also proposed.

As part of the Special Use Permit Modification Planned Development-Housing application, the applicant is also proposing to subdivide the property into three lots as shown on the submitted Site Plan (Sheet No.4). We understand that this subdivision is necessary in order to define the project boundary between the tax-credit program for the existing Dobbin Hill development and the proposed Dobbins Hill Phase II project.

Off-Site Improvements: Although the plan submitted by the applicant is not proposing the following off-site improvements, this project is dependent on the construction of these off-site improvements which are required as part of the Wilson Assemblage Special Use Permit:

· Public roadway between Sage Road and the proposed new north driveway connection to the existing Dobbins Hill parking lot; and

· Stormwater retention pond and underground storage facility on the recently approved Wilson Assemblage Special Use Permit site.

EVALUATION OF THE APPLICATION

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

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

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

The four findings are:

Special Use Permit – Required Findings of Fact

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

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

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

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

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

MODIFICATION TO THE LAND USE MANAGEMENT ORDINANCE

The applicant’s proposal does not comply with dimensional standards for floor area, dwelling unit density, or height requirement. The applicant is requesting the Town Council modify the Land Use Management Ordinance to permit the proposed modifications from the dimensional standards.

The modifications proposed by the applicant are described below.

Floor Area In accordance with the Land Use Management Ordinance, a maximum floor area of 74,152 square feet is permitted on the 7.4 acre site. The existing Dobbins Hill Apartment development includes 55,690 square feet. The applicant is proposing to add an additional 39,810 square feet of floor area to the site, for a total floor area of 95,500 square feet. The proposed total floor area of 95,500 square feet exceeds the maximum permitted floor area by 21,248 square feet.

Unit Density The Residential-4 zoning district allows a maximum density of 10.0 dwelling units per acre. The existing 7.4 acre Dobbins Hill Apartment development includes 7.4 units per acre (55 units on 7.4 acres). The applicant is proposing to add an additional 32 units. With the addition of the 32 units, the overall density on the 7.4 acre site equals 11.8 units per acre. The proposed density exceeds the permitted unit per acre density by 1.8 units per acre.

Building Height In accordance with the site’s existing Residential-4 (R-4) zoning district, as regulated in Article 3 of the Land Use Management Ordinance, a maximum Primary Building Height of 34 feet and Secondary Building Height of 60 feet are permitted on the site. The applicant is proposing that the northernmost end of the Building A exceed the primary height limit by 8 feet and that portions of the roof protrude outside the building envelope by up to 3 feet.

Section 4.5.6 of the Land Use Management Ordinance states:

“Where actions, designs, or solutions proposed by the applicant are not literally in accord with applicable special use regulations, general regulations, or other regulations in this Chapter, but the Town Council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree, the Town Council may make specific modification of the regulations in the particular case. Any modification of regulations shall be explicitly indicated in the Special Use Permit, or Modification of Special Use Permit.”

Our preliminary recommendation is that the Town Council modify those sections of the Land Use Management Ordinance requested by the applicant and discussed above. We believe that the Town Council may find that the proposed development, with each of the modifications requested above, would satisfy public purposes to a degree equivalent to that which would be achieved with full compliance with all regulations. We believe that the public purposes specifically promoted by this proposed development would be the provision of 32 affordable housing units.

Alternatively, the Town Council could reasonably conclude that some or all of the proposed modifications would not satisfy public purposes to an equivalent or greater degree and could therefore deny the application or require compliance with the particular regulation.

KEY ISSUE

We have identified one key issue: the link between the proposed Dobbins Hill Phase II and the recently approved Wilson Assemblage Special Use Permit.

Dobbins Hill Phase II/Wilson Assemblage: This Dobbins Hill Phase II application is closely linked to the Wilson Assemblage project. There is common infrastructure and the affordable housing associated with this Dobbins Hill Phase II application is an important component of the overall development of this area. Conditions of approval in the Wilson Assemblage project require that the Wilson Assemblage project cannot go forward without approval and construction of the proposed affordable units in the Dobbins Hill Phase II application. Recommended conditions of approval of Dobbins Hill Phase II require that certain infrastructure improvements associated with Wilson Assemblage must be in place before the Dobbins Hill project can proceed.

Comment: We believe that the development and infrastructure relationship and affordable housing connection between the Wilson Assemblage project and the proposed Dobbins Hill Phase II are beneficial. We believe that the joining of these two projects is desirable and efficient. However, we have concerns about the interdependence of the two projects. As mentioned above, conditions of approval in the Wilson Assemblage project require that the Wilson Assemblage project cannot go forward without approval and construction of the proposed affordable units in the Dobbins Hill Phase II application. And, recommended conditions of approval of Dobbins Hill Phase II requires that certain infrastructure improvements associated with Wilson Assemblage must be in place before the Dobbins Hill project can proceed.

We believe that the stipulations associated with the approved Wilson Assemblage Special Use Permit provide adequate assurance that the Wilson Assemblage project will not proceed prior to approval and construction of the proposed affordable units in Dobbins Hill.

We recommend that in order to guarantee that the off-site infrastructure improvements required for Dobbins Hill Phase II are constructed, prior to the issuance of a Zoning Compliance Permit for Dobbins Hill Phase II, all off-site easements, right-of-way dedications and final plans for required off-site improvements, must be reviewed and approved by the Town Manager. This recommendation has been include in Resolution A.

Staff Report Update: The attached Resolution A, the Manager’s Preliminary Recommendation, differs in some areas from the original staff recommendation that has been under review by Advisory Boards. These changes are discussed in the Staff Report Update. This update is provided as clarification for any recommendations that have changed since the staff report was composed and reviewed by advisory boards. Please see Attachment 1 for additional detail.

SUMMARY

We have attached a resolution that includes standard conditions of approval as well as special conditions that we recommend for this application. With these conditions, our preliminary recommendation is that the Council could make the four findings necessary in order to approve the application. The Manager’s recommendation incorporates input from all Town departments involved in review of the application.

SUBSEQUENT REGULATORY STEPS

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

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

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

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

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

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

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

RECOMMENDATIONS

On January 10, 2005, the Council granted expedited processing to the Dobbins Hill Phase II Special Use Permit application. As request by the applicant, the Council’s expedited approval included date specific Public Hearings: April 18, 2005 and April 25, 2005. Because the granting of the expedited review resulted in condensing the normal processing time between the submissions of an application and the Public Hearing, the Dobbins Hill Phase II Special Use Permit application has not been reviewed by the Planning Board, Transportation Board, Community Design Commission, or the Park and Recreation Commission. These Advisory Boards are scheduled to review the application within the next few days. A copy of summary action and recommendations from these Advisory Boards will be presented to the Council at the April 25, 2005 Public Hearing.

The recommendation of the Bicycle and Pedestrian Advisory Board is summarized below.

Bicycle and Pedestrian Advisory Board Recommendation: On March 22, 2005, the Bicycle and Pedestrian Advisory Board voted 8 to 0 to approve the application with the adoption of Resolution A with the addition of two stipulations. Please see attached Summary of Bicycle and Pedestrian Advisory Board.

Resolution A includes the two stipulations from the Bicycle and Pedestrian Advisory Board:

That in lieu of constructing a pedestrian path between existing Building 2 and proposed Building “A” that the applicant construct a pedestrian path between the central pedestrian corridor in existing Building 2 and the proposed parking lot near proposed Building “A.”

That the applicant provides a minimum of 32 Class I bicycle spaces in proposed Buildings “A” and “B” and a minimum of 16 Class II spaces through-out the development.

Comment: The applicant has agreed to revise the pedestrian plan as recommended by the Bicycle and Pedestrian Advisory Board. For additional information please refer to the “Neighborhood Pedestrian Circulation Plan” submitted by the applicant (Attachment 9) The applicant has also agreed to provided the minimum number of bicycle parking spaces as described above.

Please refer to the Updated Staff Report (Attachment 1) for additional information on pedestrian paths and bicycle parking spaces.

Planning Board Recommendation: The Planning Board is scheduled to review this application on April 19, 2005. A copy of the Summary of Planning Board Action will be provided as soon as it is available.

Transportation Board Recommendation: The Transportation Board is scheduled to review this application on April 19, 2005. A copy of the Summary of Transportation Board Action will be provided as soon as it is available.

Community Design Commission Recommendation: The Community Design Commission is scheduled to review this application on April 20, 2005. A copy of the Summary of Community Design Commission Action will be provided as soon as it is available.

Parks and Recreation Commission Recommendation: The Parks and Recreation Commission is scheduled to review this application on April 20, 2005. A copy of the Summary of Parks and Recreation Commission Action will be provided as soon as it is available.

Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary conclusion is that, with the stipulations in Resolution A, the application complies with the standards and regulations of the Land Use Management Ordinance, except for modifications to regulations.

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

Resolution B approved the application as recommended by the Bicycle and Pedestrian Advisory Board.

Resolution C would deny the application.

Dobbins Hill Phase II - Special Use Permit

Differences between Resolutions

ISSUES	Resolution A (Approval) Manager’s Preliminary	Resolution B (Approval) Bicycle and Pedestrian Advisory Board
Grant right of first refusal to Town of Chapel Hill for tax-credit units	No	NA
Parking lot designs in northwest corner (Attachments 8A & 8B)	Yes (subject to approval by Duke Power Company)	NA
Delete required off-site retaining wall along northwest buffer	Yes	NA
Minimum recreation area	12,575 square feet	NA
Tot Lot Fence Review by Community Design Commission	Yes	NA
Specify bus shelter payment-in-lieu	Yes ($6,175)	NA
Bicycle Parking Spaces 32 Class I 16 Class II	Yes	Yes
Approve Internal Ped. Plan (Attachment 9)	Yes	Yes

NA- Issue not discussed by Advisory Board

Supplemental Materials

ATTACHMENTS

1. Staff Report Update (p. 12).

2. Original Staff Report to Advisory Boards (p. 16).

3. Project Fact Sheet Requirements (p. 32).

4. Resolution A (Manager’s Preliminary Recommendation Approving the Application) (p. 33).

5. Resolution B (Bicycle and Pedestrian Advisory Board Approval) (p. 42).

6. Resolution C (Denial)(p. 45).

7. Applicant’s material on 1993 tax-credit program and right of first refusal to OCHLT (p. 46), (p. 47), (p. 48), (p. 49), (p. 50)

8. Parking Lot near Duke Power Easement (p. 51).

9. Neighborhood Pedestrian Circulation Plan (p. 53).

10. Design Commission Concept Plan Summary (p. 55).

11. Meeting Minutes, Town Council Concept Plan Review (p. 56).

12. 1993 Special Use Permit (p. 62).

13. Bicycle and Pedestrian Advisory Board Summary Action (p. 68).

14. Statement of Justification (p. 69).

15. Project Fact Sheet (p. 75).

16. Area Map (p. 77).

17. Reduced Plans (p. 78).

ATTACHMENT 1

STAFF REPORT UPDATE

INTRODUCTION

This update is provided as a clarification for circumstances and/or recommendations that have changed since the Staff Report (Attachment 2) was composed and reviewed by advisory boards, with detailed discussion below. The changes are also noted in the respective sections of the original Staff Report to correspond to discussions in this update. We believe that the applicant is in agreement with each of the recommended changes, except where noted.

Affordable Housing

The original staff report for Dobbins Hill Phase II and the approved Special Use Permit for Wilson Assemblage recommended that the applicant agree to grant Orange Community Housing and Land Trust the right of refusal to acquire Phase II of Dobbins Hill at the end of the initial tax-credit period. The applicant has agreed to this condition.

The original staff report for Dobbins Hill Phase II also recommended that the applicant agree to permit the Town of Chapel first refusal if Orange County Community Housing and Land Trust did not exercise the option. We understand that due to IRS restrictions it is not possible for the applicant to grant the Town of Chapel Hill a right of first refusal for the Dobbins Hill Phase II proposal. In accordance with IRS regulations, only non-profit organizations that were partner in the original agreement may be granted a right of first refusal. Accordingly, the recommendation to permit the Town of Chapel Hill right of first refusal has been removed from the Manager’s Preliminary Recommendation.

The Dobbins Hill Phase II original staff report also recommends that the applicant agree to offer Orange Community Housing and Land Trust and the Town of Chapel Hill right of first refusal on the 55 tax-credit units in the existing Dobbins Hill development. Based on recent information received from the applicant we understand that the 1993 Special Use Permit approved for the 55 existing units included a commitment to grant Orange Community Housing a right of first refusal at the end of the original term. This recommended has not been incorporated into the Manager’s Preliminary Recommendation. Please refer to the attached information from the applicant (Attachment 7) for additional information.

Access and Circulation

Vehicular Parking: The Dobbins Hill Phase II proposal includes the construction of two new parking areas. The first proposed parking area is along the Dobbins Drive driveway due east of proposed Building B. The second proposed parking area is proposed to the west of Building B, within the Duke Power Company utility easement.

Based on recent conversations with Duke Power Company, we understand that the applicant’s proposed parking lot design near Building B (Attachment 8A) may not comply with Duke Power standards for locating parking lot driveways near transmission lines. Because of this potential conflict, the applicant is proposing an alternate driveway design (Attachment 8B). We understand that this alternate design is acceptable to Duke Power Company. We have reviewed both driveway proposals and determined that they comply with Town’s design standards.

The applicant prefers the original driveway alignment (Attachment 8A) and continues to have ongoing discussion with Duke Power regarding this issue. If the applicant is successful in obtaining approval from Duke Power Company to construct the original driveway alignment, the applicant would like to construct the original driveway design instead of the design shown in Attachment 8B. Resolution A includes the flexibility to permit the applicant to construct either driveway design. Resolution A also recommends that the applicant obtain approval from Duke Power Company for the design of the driveway.

Bicycle Access/Parking: The existing Dobbins Hill development was constructed prior to the adoption of the current bicycle parking requirements as specified in the Land Use Management Ordinance. As required by the Land Use Management Ordinance, the minimum number of bicycle parking spaces for the existing Dobbins Hill development is 65 spaces. The minimum number of bicycle parking spaces for the proposed Dobbins Hill Phase II is 38. If the Dobbins Hill Phase II application is approved and constructed as proposed, the minimum number of bicycle parking spaces for the existing and proposed Dobbins Hill development would equal 103 spaces. The original staff report recommended that the developer of Dobbins Hill Phase II provide 103 bicycle parking spaces.

On March 22, 2005 the Bicycle and Pedestrian Advisory Board recommended that instead of the 103 bicycle parking spaces, as recommended in the original staff report, the applicant provide a minimum of 48 bicycle spaces. The Board recommended that the applicant provides a minimum of 32 Class I bicycle spaces in proposed Buildings “A” and “B” and a minimum of 16 Class II spaces throughout the development. Because the first phase of Dobbins Hill was constructed before the Town adopted bicycle parking standards, the Bicycle and Pedestrian Advisory Board did not recommend new bicycle parking spaces for the existing development.

Resolution A, the Town Manager’s Preliminary Recommendation, includes the recommendation of the Bicycle and Pedestrian Advisory Board.

Pedestrian Circulation and Sidewalks: The Special Use Permit approval for Wilson Assemblage stipulates that the developer of the Wilson project provide two internal pedestrian connections to the Dobbins Hill site. The Dobbins Hill Phase II proposal includes several internal pedestrian walkways. These walkways will help facilitate east/west pedestrian movements through the Dobbins Hill and Wilson Assemblage development.

As described in the original staff report, two proposed walkways will connect to required internal walkways in the Wilson Assemblage development. During the Bicycle and Pedestrian Advisory Board meeting the applicant discussed adjustments to the walkway locations previously described in the original staff report. A copy of the applicant’s proposed adjusted walkway connections for the Dobbins Hill project are shown on Attachment 9.

The Bicycle and Pedestrian Advisory Board recommended the pedestrian connection as described by the applicant and as shown on Attachment 87. Resolution A, the Manager’s Preliminary Recommendation, includes the recommendation of the Bicycle and Pedestrian Advisory Board.

We recently determined that a payment-in-lieu for the recommended improvement would cost approximately $6,175.00. In order to help the applicant determine a budget for the affordable housing project, we have specified an amount for payment-in-lieu in Resolution A.

Landscaping and Architectural Issues

Buffers and Landscaping: The original staff report recommended that in order to protect tree root zones in a proposed undisturbed buffer, along the west property line in the northeast corner of the site, the developer of Dobbins Hill Phase II construct an off-site retaining wall on the Wilson Assemblage site. Upon further review we believe, that because of approved construction activity on the Wilson Assemblage site, this retaining wall will not adequately protect the tree root zones. The requirement for an off-site retaining wall and associated construction easement has been incorporated into Resolution A.

Miscellaneous Issues

Recreation: Based on the gross land area (7.4 acres) of the Dobbins Hill property, the Land Use Management Ordinance requires 12,575 square feet of active recreation space. The applicant is proposing to relocate the existing tot lot to the northeast corner of the site, construct a second active recreation area in the southwest corner of the site (behind proposed Building B) as well as create a neighborhood community center in Building B. Upon completion the Dobbins Hill applicant is proposing approximately 15,491 square feet of active recreation space.

The original staff report recommends that the applicant provide 15,491 square feet of active recreation space. This recommendation area exceeds the required minimum recreation area by 2,916 square feet. Because the design and location for the active recreation areas will not be finalized until the review of final plans, we understand that the applicant would prefer if Council approval requires a minimum recreation area of 12,575 square feet. We believe that the applicant’s request is reasonable. Resolution A includes a recommendation that prior to the issuance of a Certificate of Occupancy, the total recreation area for the existing Dobbins Hill project and the proposed Dobbins Hill Phase II shall be a minimum of 12, 575 square feet

In response to child safety concerns expressed by current Dobbins Hill residents, the applicant is also proposing to install a fence along the public street edge of the relocated recreation area in the northeast corner of Dobbins Hill. Resolution A includes a recommendation that the location of the fence shall be reviewed and approved by the Town Manager. Resolution A also includes a recommendation that the Community Design Commission shall approve the fence material and color.

ATTACHMENT 2

ORIGINAL STAFF REPORT TO ADVISORY BOARDS

Some of the circumstances and/or recommendations in the original Staff Report, reviewed by Advisory Boards, have changed. Please refer to the Staff Report Update (Attachment 1) for detailed discussion of changes to recommendations. The changes are also noted in the respective sections of the Staff Report by a sidebar (I) in the margin.

Subject: Dobbins Hill Phase II - Application for Special Use Permit Modification

(Planned Development-Housing) (File No. 27.B.3)

Date: March 22, 2005 (Bicycle and Pedestrian Advisory Board)

April 19, 2005 (Planning Board)

April 19, 2005 (Transportation Board)

April 20, 2005 (Community Design Commission)

April 20, 2005 (Parks and Recreation Commission)

Advisory Board Review Schedule

On January 10, 2005 the Council granted expedited processing to the Dobbins Hill Phase II Special Use Permit application. As request by the applicant, the Council’s expedited approval included date specific Public Hearings: April 18, 2005 and April 25, 2005. Because the granting of the expedited review resulted in condensing the normal processing time between the submissions of an application and the Public Hearing, the Dobbins Hill Phase II Special Use Permit application has not been reviewed by the Planning Board, Transportation Board, Community Design Commission, or the Park and Recreation Commission. These Advisory Boards are scheduled to review the application within the next few days. A copy of summary action and recommendations from these Advisory Boards will be presented to the Council at the April 25, 2005 Public Hearing.

INTRODUCTION

We have received a request for a Special Use Permit Modification to add 32 residential units to the existing 55 unit Dobbins Hill Apartment complex located on the north side of Dobbins Drive. The Planned Development-Housing proposal would add 2 buildings with a total of 32 multi-family units and 54 parking spaces. The 7.4 acre site is located in the Residential-4 (R-4) zoning district and is identified as Orange County Tax Map 27, Block B, Lot 3.

Off-site improvements, including the construction of a public street to Sage Road and a stormwater detention facility on the recently approved Wilson Assemblage project, are included with the proposal.

The applicant is also requesting several modifications of the Land Use Management Ordinance as a part of this application.

BACKGROUND

May 24, 1993 The Town Council approved the Dobbins Hill Special Use Permit for 55 multi-family units on a 7.4 acre site. The Special Use Permit included a proposal to rent 55 units to families at 40% to 60% of the median income. A copy of the 1993 Special Use Permit is attached.

June 30, 1995 The owners of Dobbins Hill, Dobbin Hill Apartments Limited Partnership, entered into a 20 year agreement with the North Carolina Housing Finance Agency to provide rental housing to families whose income does not exceed fifty percent (50%) of the area median income.

December 6, 2004 Responding to Town Council’s comments received during the November 15, 2004 Public Hearing, the Wilson Assemblage applicant presented the Town Council with a petition to add affordable units in the adjacent Dobbins Hill development.

January 10, 2005 The Town Council granted expedited processing to the Dobbins Hill Phase II Special Use Permit Application.

January 25, 2005 The Dobbins Hill applicant submitted the Dobbins Hill Phase II Special Use Permit Modification application. Applicant’s proposal included the addition of 32 affordable units to the existing 55 unit Dobbins Hill development.

EVALUATION

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

Existing Conditions

Location: The site is located on the north side of Dobbins Drive, northwest of the intersection of US 15-501 and Sage Road. The recently approved Wilson Assemblage mixed-use development is located along the west and northeast property lines. The southern portion of the project site is bounded by Dobbins Road and US 15-501. The Planned Parenthood building and a branch of the Carolina Central Bank is located near the southeast portion of the site. Walden at Greenfields Apartments are located north of the site.

Existing Buildings: The site contains 5 residential buildings with a total of 55 residential units.

Affordable Housing: In 1993, the Town Council approved the Dobbins Hill Special Use Permit for 55 multi-family units on a 7.4 acre site. The submitted Special Use Permit application proposed to provide affordable rental dwelling units.

In 1995, the owners of Dobbins Hill, Dobbin Hill Apartments Limited Partnership, entered into an affordable housing program to provide rental housing to families whose income does not exceed fifty percent (50%) of the area median income. This program is currently active and is overseen by the North Carolina Housing Finance Agency. The program requires the owner of the existing Dobbins Hill development to provide the affordable units for a period of at least 20 years.

Vehicular Access: The site includes a central access driveway to Dobbins Drive. A publicly dedicated right-of-way for a future public roadway to Sage Road is located parallel to the north property line. A stipulated improvement of the recently approved Wilson Assemblage Special Use Permit requires construction of this roadway to Sage Road. The Wilson Assemblage Special Use Permit also requires the Wilson Assemblage developer to construct an internal vehicular connection between a proposed parking lot and the existing Dobbins Hill driveway.

Pedestrian Access and Sidewalks: The interior of the site includes a sidewalk along the outer edge of the central parking area and sidewalks between each residential building and the parking lot. A sidewalk along the central access driveway connects the interior of the site to Dobbins Drive. Along Dobbins Drive a public sidewalk extends along the roadway to the west side of the Central Carolina Bank property.

The Special Use Permit approval for Wilson Assemblage requires the developer of Wilson Assemblage to construct a sidewalk along the Wilson’s Assemblage frontage on Dobbins Drive. The Wilson Assemblage developer is also required to construct a sidewalk along portions of the future public roadway connection to Sage Road.

Parking: The existing Dobbins Hill development includes 100 on-site parking spaces.

Refuse: The Dobbins Hill site contains two refuse containers and one cardboard recycling container.

Recreation: The property includes a tot lot with swings and a jungle gym in the northwest corner of the site. A club house is located in Building 1.

Stormwater Management: Stormwater is collected in the parking lot and piped to the southwest corner of the site into a dry basin stormwater management facility.

Utilities: The site is served by existing utilities. The site also includes a Duke Power Company transmission line and towers. The Duke Power Company transmission infrastructure is located within a 68 foot wide easement along the west property line.

Bus Stops, Routes: A bus stop is located on Dobbins Drive, approximately 125 feet east of the Dobbins Hill driveway.

Topography: The site generally contains slopes between 0 and 10 percent. Slopes between 10 and 25 percent are located along the perimeter of the site and in the southwest corner near the stormwater facility.

Drainage: The property generally drains from the east toward the southwest. A portion of the northern edge of the property drains onto the Walden at Greenfield development.

Vegetative Cover: Natural vegetative areas exist along the northern property line and along a portion of the southern property line. The remainder of the residential areas and parking lot are landscaped. An area approximately 60 feet wide within the Duke Power Company utility easement is overgrown with grasses and shrubs.

Development Description

This proposal includes 2 buildings with a total of 32 affordable multi-family units and 54 new parking spaces.

Proposed improvements on this site are primarily located in the northwest and southwest corners of the Dobbins Hill development. In the southwest corner of the site the applicant is proposing to construct a three-story building. This structure is identified as Building B on the site plan. This building will include 20 residential units and a recreational community center for the Dobbins Hill neighborhood. The proposed location for this building currently contains the dry basin stormwater facility. The applicant is also proposing to construct 26 parking spaces along the central access driveway adjacent to Building B. An active recreation area, including picnic tables and a horseshoe court, is also proposed near the southwest corner of Building B.

A second residential building, Building A, is proposed for the northwest corner of the site. The location for this building is proposed in the existing tot lot area. Twelve residential units are planned for this building. A twenty-eight space parking lot is also proposed to the west of Building B, within the Duke Power Company utility easement. In light of the fact that the proposed location for Building A will dislocate the existing tot lot, the applicant is proposing a new tot lot in the northeast corner of the site.

Other on-site improvements include a proposal to construct a driveway between the north end of the existing Dobbins Hill parking lot and the future public roadway connection to Sage Road. Several internal pedestrian sidewalk improvements are also proposed.

Off-Site Improvements: Although the plan submitted by the applicant is not proposing to construct the following off-site improvements, this project is dependent on the construction of these off-site improvements:

· Public roadway between Sage Road and the proposed new north driveway connection to the existing Dobbins Hill parking lot; and

· Stormwater retention pond and underground storage facility on the recently approved Wilson Assemblage Special Use Permit site.

These improvements are required as part of the Wilson Assemblage Special Use Permit.

Ordinance Requirements

Zoning: Except for the Planned Parenthood site, this property and all other adjacent properties are zoned Residential-4 (R-4). The Planned Parenthood property is zoned Office Institutional-1-Conditional (OI-1-C). Some of the permitted uses in the R-4 zoning districts include single family, and multi-family development between 3 to 7 dwelling units. Multi-family development over seven dwelling units is permitted in the Residential-4 zoning district with as a Special Use Permit Planned Development-Housing.

Dimensional Standards: The proposal is subject to the dimensional standards outlined in the Dimensional Matrix (Table 3.8-1) of the Land Use Management Ordinance for the Residential-4 zoning district.

The modifications proposed by the applicant are described below.

Modifications to the Regulations: As part of this development application, the applicant is requesting permission to modify the Land Use Management Ordinance, with regard to floor area, unit density per acre and building height.

Section 4.5.6 of the Land Use Management Ordinance states:

Affordable Housing

In 1995, the owners of Dobbins Hill, Dobbin Hill Apartments Limited Partnership, entered into an agreement with the North Carolina Housing Finance Agency to provide rental housing to families whose income does not exceed fifty percent (50%) of the area median income. This program is currently active and is overseen by the North Carolina Housing Finance Agency. The recorded Declaration of Deed Restrictions (Book 1315, Page 577) states that the period of affordability shall be for a period of 20 years.

The Dobbins Hill Phase II Special Use Permit application includes a proposal to provide 32 affordable housing units. We understand that the developer intends to incorporate the proposed Dobbins Hill Phase II 32 units into a tax-credit affordable housing program similar to the existing program already in place on the Dobbins Hill site. We also understand that the applicant recently received preliminary approval for the Dobbins Hill Phase II tax-credit project from the North Carolina Housing Finance Agency.

We recommend that prior to the issuance of a Zoning Compliance Permit, the developer verify that the North Carolina Housing Finance Agency has approved the applicant’s proposal for 32 affordable units in Dobbins Hill. We also recommend that the owner of Dobbins Hill, or their heirs, successor and assigns, agree to grant Orange Community Housing and Land Trust, or its successors and assigns, the right of first refusal to acquire Dobbins Hill II at the end of the initial tax-credit compliance period, or sooner, if the affordability agreement terminates before the end of the compliance period. The terms of this transaction shall be governed by rules in Section 42 of the Internal Revenue Service Code. (This Recommendation Has Changed; Please Refer to Attachment 1, Staff Report Update)

We also recommend that the owner of Dobbins Hill, or their heirs, successor and assigns, agree to grant Orange Community Housing and Land Trust, or its heir, successor and assigns, the right of first refusal to acquire the 55 existing units in the Dobbins Hill Apartment complex at the end of the tax-credit compliance period as specified by the terms and restrictions as recorded at Book 1367, Page 577, in the Orange County deed registry, or sooner, if the affordability agreement terminates before the end of the compliance period. (This Recommendation Has Changed; Please Refer to Attachment 1, Staff Report Update)

Access and Circulation

Vehicular Access: The site has an existing driveway connection to Dobbins Drive. The 1993 Dobbins Hill Special Use Permit dedicated public right-of-way for a future road along the site’s north property line. The right-of-way was intended as future public street access to Dobbins Hill. The right-of-way has been dedicated and the construction of this roadway is a required improvement of the recently approved Wilson Assemblage Special Use Permit. The developer of the Wilson Assemblage Special Use Permit is also required to construct a vehicular connection between a proposed parking lot on the Wilson Assemblage site and the existing Dobbins Hill driveway.

The Dobbins Hill Phase II applicant is proposing a driveway between the northern edge of the existing Dobbins Hill parking lot and the future public road that the Wilson Assemblage developer is required to construct. The applicant is also proposing to maintain the existing driveway connection to Dobbins Drive at the southern end of the site.

In light of the fact that the future roadway along the north edge of the Dobbins Hill will provide a connection to a proposed signalized intersection on Sage Road, we believe that the applicant’s proposal for an internal road connection between the Dobbins Hill development and this future public road is desirable. We also believe, due to the applicant’s proposal to increase overall floor area and unit density in the Dobbins Hill neighborhood, that a second entrance into the site is desirable. We recommend that the existing driveway connection to Dobbins Hill Drive remain open.

We recommend that the developer of Dobbins Hill Phase II construct a public street, from the northwest corner of the site to Sage Road. We recommend that the location and construction of the public street, including sidewalks and all associated infrastructure, shall be constructed as approved on March 7, 2005 by Town Council for the Wilson Assemblage Special Use Permit. Prior to issuance of a Zoning Compliance Permit the developer must submit the final design and construction details for approval by the Town Manager. We also recommend that, prior to the issuance of a Zoning Compliance Permit, the developer submit a right-of-way dedication plat for that portion of the required public roadway located between Sage Road and the east property line of Dobbins Hill.

We recognize that the developer would be released from the responsibility of this stipulated improvement if the developer of Wilson Assemblage completes the construction of this portion of the public roadway beforehand.

Vehicular Parking: There are 100 parking spaces on the existing Dobbins Hill site. Based on the current Land Use Management Ordinance the minimum number of parking spaces for the existing 55 multi-family units in Dobbins Hill is 96.

The Dobbins Hill Phase II proposal includes the construction of two new parking areas, with a total of 54 parking spaces. The first proposed parking area is along the Dobbins Drive driveway due east of proposed Building B. Twenty-six new parking spaces are proposed along this driveway. The second proposed parking area includes twenty-eight parking spaces and is proposed to the west of Building B, within the Duke Power Company utility easement.

We understand that Duke Power Company is currently reviewing the applicant’s proposed parking within their utility easement. Upon reviewing what we understand is a copy of standard Duke Power’s requirements for constructing under transmission lines we believe that Duke Power would likely approve the applicant’s proposal.

In order to construct a new driveway to the planned public street connection to Sage Road, the applicant is proposing to eliminate four parking spaces located at the northern end of the existing Dobbins Hill parking lot.

If the two parking areas are constructed as proposed, and four existing parking spaces are eliminated with the proposed connection to the north, the Dobbins Hill development will have a total of 150 parking spaces. Based on the current Land Use Management Ordinance the minimum number of parking spaces for the existing 55 units and the proposed 32 units is 150 parking spaces. We believe that the proposal is acceptable. (This Recommendation Has Changed; Please Refer to Attachment 1, Staff Report Update)

Bicycle Access/Parking: The existing Dobbins Hill development was constructed prior to the adoption of the current bicycle parking requirements as specified in the Land Use Management Ordinance. We believe that the current Dobbins Hill neighborhood has one or two outdoor bicycle racks near the tot lot, however we do not believe that the current development complies with the minimum bicycle facility parking requirements of the Land Use Management Ordinance.

As required by the Land Use Management Ordinance, minimum bicycle parking requirements for multi-family residential development is calculated as 1 bicycle space per dwelling unit, plus 10% of auto parking spaces. Based on this formula, the minimum number of bicycle parking spaces for the existing Dobbins Hill development is 65 spaces (55 units plus 10% of 100 parking spaces). The minimum number of bicycle parking spaces for the proposed Dobbins Hill Phase II is 38 (32 units plus 10% of 54 parking spaces). If the Dobbins Hill Phase II Special Use Permit application is approved and construct as proposed the minimum number of bicycle parking space for the existing and proposed Dobbins Hill development would equal 103 spaces.

We recommend that the developer of Dobbins Hill Phase II provide 103 bicycle parking spaces. We recommend that 90% of the spaces (93) comply with the Class I design standard and the remaining space comply with the Class II standards. We believe that these 93 Class I bicycle parking spaces can be accommodated in the dwelling units and the club house. The remaining 10 required bicycle parking spaces can be provided on-site in covered illuminated areas. (This Recommendation Has Changed; Please Refer to Attachment 1, Staff Report Update)

Pedestrian Circulation and Sidewalks: The interior of the site includes a sidewalk along the outer edge of the central parking area and sidewalks between each residential building and the parking lot. A sidewalk along the central access driveway connects the interior of the site to Dobbins Drive. Along Dobbins Drive a public sidewalk extends along the roadway to the west side of the Central Carolina Bank property.

The Special Use Permit approval for Wilson Assemblage requires the construction of a sidewalk along the Wilson Assemblage frontage on Dobbins Drive and along portions of the future public roadway connection to Sage Road. The Wilson Assemblage Special Use Permit also stipulates that the developer of the Wilson project provide two internal pedestrians connections to the Dobbins Hill sites.

The Dobbins Hill Phase II proposal includes several internal pedestrian walkways. These walkways will help facilitate east/west pedestrian movements through the Dobbins Hill and Wilson Assemblage development. Two proposed walkways will connect to required internal walkways in the Wilson Assemblage development. The first proposed walkway is proposed between the existing Building #2 and proposed Building A. The second walkway is proposed between the existing Building #1 and the proposed Building B. A third internal walkway is proposed between existing Buildings #4 and #5. (This Recommendation Has Changed; Please Refer to Attachment 1, Staff Report Update)

Bus Stop, Routes: A bus stop is located on Dobbins Drive, approximately 125 feet east of the Dobbins Hill driveway. We recommend that prior to the issuance of a Zoning Compliance Permit that the developer provide a payment-in-lieu for a bus stop shelter, bench and pad. We recommend that the payment-in-lieu may be used for improvements to the existing Dobbins Drive bus stop or for a future bus stop on the new roadway connection to Sage Road. (This Recommendation Has Changed; Please Refer to Attachment 1, Staff Report Update)

Traffic Impact Analysis: The project meets the exemptions standards and was granted an exemption from the Traffic Impact Analysis requirement.

Roadway Improvements During the Town Council’s review of the Wilson Assemblage Special Use Permit, the Town Council stipulated that the Wilson Assemblage developer construct a public street through the Wilson Assemblage site and the northern portion of the Dobbins Hill site from Dobbins Drive to Sage Road. A portion of this roadway is located within a dedicated public right-of-way between the Dobbins Hill neighborhood and the Walden at Greenwood Apartments. Although we anticipate that the developer of Wilson Assemblage will complete the construction of this roadway before the Dobbins Hill residential units are ready for occupancy, we recommend that a condition of approval require the Dobbins Hill developer construct that portion of the proposed public street, from the northwest corner of the site to Sage Road.

Because of the applicant’s proposal to add 32 additional units to the exiting 55 unit development, we believe that a second vehicular access to this proposed development is desirable and the construction of the public road connection to Sage Road should be stipulated as a condition of this Special Use Permit approval. We recognize that the developer of Dobbins Hill Phase II would be released from the responsibility of this stipulated improvement if the developer of Wilson Assemblage completes the construction of this portion of the public roadway beforehand.

We recommend that the location and construction of the public street, including sidewalks and all associated infrastructure, be constructed as approved on March 7, 2005 by Town Council for the Wilson Assemblage Special Use Permit. Prior to issuance of a Zoning Compliance Permit, the developer must submit the final design and construction details for approval by the Town Manager. We also recommend that, prior to the issuance of a Zoning Compliance Permit, the developer submit a right-of-way dedication plat for that portion of the required public roadway located between Sage Road and the northeast property line of Dobbins Hill.

We recommend that the public street be aligned with the existing Lowes entrance on Sage Road. The realigned intersection design may incorporate portions of the Lowes driveway and curb line located within the public right-of-way. Prior to the issuance of a Zoning Compliance Permit, final design and construction details for the intersection alignment shall be approval by the Town Manager.

We recommend that prior to issuance of a Zoning Compliance Permit, a payment-in-lieu shall be provided to the Town of Chapel Hill for a traffic signal, with pedestrian amenities including crosswalks on Sage Road and at the Lowes driveway, for the intersection of the new public street and the existing Lowes’ entrance on Sage Road. The amount of the payment-in-lieu shall take into account any existing payments, including payment from the Wilson Assemblage development, and be based on the percentage of the traffic to be generated by the Wilson Assemblage development in proportion to the existing traffic at the proposed intersection and shall be approved by the Town Manager.

We also recommend that prior to the issuance of a Zoning Compliance Permit, the developer provide a payment to the Town of Chapel Hill of $9,000 for revised traffic signal timings at eight affected signalized intersections along US 15-501 corridor. The developer of Dobbins Hill Phase II shall be released from the payment if said payment has been satisfied by the Wilson Assemblage development.

Landscaping and Architectural Issues

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

Landscape Buffers
Location	Ordinance Requirement	Applicant’s Proposal
East Property Line	20’ Type C	20’ Type C
South Property Line	20’ Type C & 10’ Type B	20’ Type C & 10’ Type B
West Property Line	10’ Type B	10’ Type B
North Property Line	10’ Type B	20’ Type C
Dobbins Drive driveway	20’ Type C & 10’ Type B	Existing Alternate Buffers (approved by the Appearance Commission in 1993)

A recent inspection of the site determined that portions of the alternate buffer approved in 1993 by the Appearance Commission, the predecessor to the Community Design Commission, does not comply with the approved 1993 alternate buffer plans. We recommend that prior to the issuance of a Zoning Compliance Permit, the developer provide the necessary plantings to comply with the 1993 alternate buffer plan or, if the developer desires to modify the plan approved by the Appearance Commission in 1993, we recommend that the developer obtain approved of a revised alternate buffer plan from the Community Design Commission prior to the issuance of a Zoning Compliance Permit.

We recommend that a detailed Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan must include a detail of protective fencing and construction parking and materials staging/storage areas. This plan must also indicate which labeled trees are proposed to be removed and where tree protection fencing will be installed. We also recommend that in order to protect tree root zones located off-site, in the proposed undisturbed buffer along the west property line in the northeast corner of the site, that the developer of Dobbins Hill Phase II provide an off-site landscape easement, and if necessary construct an off-site retaining wall. (This Recommendation Has Changed; Please Refer to Attachment 1, Staff Report Update)

We recommend that detailed landscape plans (including buffers), landscape maintenance plans, and parking lot shading requirements be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The landscape plan shall indicate the size, type, and location of all proposed plantings.

We also recommend that all parking areas be screened from view in accordance with the provisions of Section 5.6 of the Land Use Management Ordinance. The screening plans shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

Building Elevation and Lighting: We recommend that detailed building elevations, including all proposed fencing and lighting plans be approved by the Community Design Commission prior to the 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. (This Recommendation Has Changed; Please Refer to Attachment 1, Staff Report Update)

Environmental Issues

Watershed Protection District The site is located outside of the Watershed Protection District and is subject to impervious surface limits specified in Article 3.6.4 of the Land Use Management Ordinance. The Land Use Management Ordinance requires proposed development to comply with either a Low Density Option (24% impervious surface limit) or a High Density Option (50% impervious surface limit). The applicant is proposing to comply with the High Density Option. The applicant has proposed 33,902 square feet of new impervious surface.

Floodplain: The site does not lie within the Federal Emergency Management Agency (FEMA) 100-year floodplain.

Resource Conservation District: This site does not include a Resource Conservation District.

Wetlands: The site does not contain wetlands.

Significant Tree Stands: The applicant’s Site Analysis map does not identify any Significant Tree Stands.

Stormwater Management: Stormwater is presently collected in the parking lot and piped to the southwest corner of the site into a dry basin stormwater management facility. The applicant is proposing a three-story building (Building B) in the location that currently contains the dry basin stormwater facility.

In order to provide for stormwater management associated with the proposed development, and to replace the existing on-site stormwater facility, the applicant is proposing to use an off-site stormwater pond and underground stormwater storage facilities in the southeast corner on the recently approved Wilson Assemblage site.

We recommend that the developer of Dobbins Hill Phase II construct the off-site stormwater facility pond and underground detention feature, as approved on March 7, 2005 by Town Council for the Wilson Assemblage Special Use Permit. Prior to issuance of a Zoning Compliance Permit the developer must submit the final design and construction details for approval by the Town Manager. We also recommend that prior to the issuance of a Zoning Compliance Permit, the developer submit an off-site construction and maintenance easement for stormwater management.

We recognize that the developer of Dobbins Hill Phase II would be released from the responsibility of constructing this stormwater facility if the developer of Wilson Assemblage completes the construction of this improvement beforehand.

We recommend that, prior to the issuance of a Zoning Compliance Permit, the developer submit a Stormwater Management Plan for review and approval by the Town Manager. We recommend that the plan 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 must also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards. We recommend that the approved Stormwater Management Plan include the stormwater features as proposed on the submitted Wilson Assemblage grading and drainage plan sheets.

We recommend that the Town Manager approve all off-site construction and stormwater easements. We also recommend that recorded copies of the easement be submitted prior to the issuance of a Zoning Compliance Permit.

Erosion Control: We recommend that a soil erosion and sedimentation control plan (including provisions for maintenance of facilities and modification of the plan if necessary), be reviewed and approved by the Orange County Erosion Control Officer, prior to the issuance of a Zoning Compliance Permit.

Utilities

We recommend that detailed utility plans be reviewed and approved by OWASA, Duke Power Company, Public Service Company, BellSouth, Time Warner Cable and the Town Manager prior to issuance of a Zoning Compliance Permit.

We recommend that prior to the issuance of a Zoning Compliance Permit the developer provide verification of approval from Duke Power Company for the proposed parking area in the Duke Power utility easement behind Building A.

Refuse Management: The site contains two refuse containers and one cardboard recycling container. We understand that the existing development does not contain facilities for recycling materials such as glass, plastic newspaper or aluminum. We recommend that prior to the issuance of a Zoning Compliance Permit, the Town Manager review and approve a Solid Waste Management Plan, including provisions for refuse and recycling material other than cardboard. We also recommend that the plan provide for managing and minimizing construction debris and demolition waste.

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

Miscellaneous Issues

The applicant is proposing to relocate the existing tot lot to the northeast corner of the site, construct a second active recreation area in the south west corner of the site (behind proposed Building B) as well as create a neighborhood community center in Building B. Upon completion the Dobbins Hill development will contain 15,491 square feet of active recreation space. (This Recommendation Has Changed; Please Refer to Attachment 1, Staff Report Update)

We recommend that the recreation area and associated improvements, including the relocated tot lot area be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

Schools Adequate Public Facilities Ordinance: The proposed development is subject to the provisions of the Schools Adequate Public Facilities Ordinance.

Minor Subdivision: The applicant is proposing to subdivide the site into three parcels, as shown on the submitted Site Plan (Sheet No. 4). Because this proposed Special Use Permit Modification is a Planned Development-Housing, the minor subdivision can be approved as an administrative minor subdivision during the final plan review.

Construction Management Plan: We recommend that a Construction Management Plan, indicating how construction vehicle traffic will be managed, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

Traffic and Pedestrian Control Plan: We recommend that a Traffic Management Plan for movement of motorized and non-motorized vehicles on any public streets (maintained and operated by the Town or the North Carolina Department of Transportation) that will be disrupted during construction, including detour information, and a Pedestrian Management Plan indicating how pedestrian movements on or adjacent to public rights-of-way will be safely maintained, be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

Stages of Review - Comparison: A copy of Community Design Commission Summary Comments from the January 20, 2005 meeting and Town Council minutes from the January 24, 2005 meeting are attached to this report.

Land Use Plan

The Land Use Plan, a component of the Comprehensive Plan, adopted by the Town Council on May 8, 2000, identifies this area as Mixed-Use, Office/Commercial Emphasis.

Special Use Permit Findings

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

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

2. That the use or development complies with all required regulations and standards the Land Use Management Ordinance;

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

4. That the use or development conforms with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.

Upon review of the application and information that has been submitted to date, our preliminary recommendation is that findings 1, 2, 4 and 3 (“that the use or development is located, designed and proposed to be operated so as to maintain or enhance the value of contiguous property”) can be made with the granting to the modifications as requested.

CONCLUSION

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

Resolutions A would approve the application with conditions. Resolution B would deny the application.

ATTACHMENT 3

Project Fact Sheet Requirements

Check List of Regulations and Standards

Special Use Permit Modification Application

Dobbins Hill Phase II	Compliance	Non-Compliance
Use Permitted	Ö
Min. Gross Land Area	Ö
Min. Lot Size	Ö
Min. Lot Width	Ö
Max. Floor Area	Ö (with modification of the regulations)	Ö (if no modification of regulations granted)
Impervious Surface Limits	Ö
Landscape Buffer Requirements	Ö
Treatment of Stormwater Quality, Volume, and Rate	Ö
Min. # Parking Spaces	Ö
Max. # Dwelling Units	Ö (with modification of the regulations)	Ö (if no modification of regulations granted)
Min. Street Setback	Ö
Min. Interior Setback	Ö
Min. Solar Setback	Ö
Max. Height Limit	Ö (with modification of the regulations)	Ö (if no modification of regulations granted)

N/A = Not Applicable Prepared: March 18, 2005

ATTACHMENT 4

RESOLUTION A

(Manager’s Preliminary Recommendation

Approving the Special Use Permit Application)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION, PLANNED DEVELOPMENT-HOUSING, FOR DOBBINS HILL PHASE II

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Chapel Hill that the Town Council finds that the Special Use Permit Modification application proposed by The Design Response, Inc. on property identified as Chapel Hill Township Tax Map 27, Block B, Lot 3 (PIN 9799594073), if developed according to the Dobbins Hill Apartments Phase II Site Plans dated February 24, 2005, including the off-site roadway and stormwater facility improvements stipulated below, and shown on the Wilson Assemblage site plans dated January 18, 2005, and conditions listed below:

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

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

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

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

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

Modification of Table 3.8.1 Dimensional Matrix of the Land Use Management Ordinance to allow the Dobbins Hill development to exceed the maximum permitted floor area by 21,248 square feet for a total of 95,500 square feet.

Modification of Table 3.8.1 Dimensional Matrix of the Land Use Management Ordinance to allow the Dobbins Hill development to exceed the maximum dwelling unit density by 1.8 units per acre for a maximum density of 11.8 units per acre.

Modification of Table 3.8.1 Dimensional Matrix of the Land Use Management Ordinance to allow the northernmost end of the Building A exceed the 34 foot primary height limit by 8 feet and that portions of the roof protrude outside the building envelope by up to 3 feet.

Said public purpose being the applicant’s proposal to provide 32 affordable housing units.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification, Planned Development-Housing, for Dobbins Hill Phase II in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. That construction begins by (two years from approval), and be completed by (three years from approval).

2. Land Use Intensity: This Special Use Permit Modification authorizes construction of 32 multi-family residential units as specified below:

Land Use Intensity
Net Land Area	297,984 sq ft
Maximum Floor Area Total	95,500 sq ft
Total # of Buildings	7 (2 new/5 existing)
Maximum # of Dwelling Units	87
Minimum # of Parking Spaces	150
Minimum # of Bicycle Parking Spaces	48
Minimum Recreation Space	12,574 sq ft

3. Minor Subdivision Approval: That approval of the Minor Subdivision application creating the lots authorized with this approval shall be by the Town Manager. That an entity is designated to be legally responsible for maintenance and control of the common land areas and that all parking area, drive aisles within the Special Use Permit shall be common land area, unless alternate agreements are authorized by the Town Manager.

Stipulations Related to Affordable Housing

4. Dobbins Hills Phase II Affordable Housing: Prior to the issuance of a Zoning Compliance, the developer shall verify that the North Carolina Housing Finance Agency has approved an additional 32 tax credit affordable units in Dobbins Hill.

5. Dobbins Hill Phase II (new 32 units) Continued Affordability: That the owner of Dobbins Hill, their heirs, successor and assigns, agree to grant Orange Community Housing and Land Trust, its successors and assigns, the right of first refusal to acquire Dobbins Hill II at the end of the initial tax-credit compliance period, or sooner, if the affordability agreement terminates before the end of the compliance period. That the terms of this transaction shall be governed by rules in Section 42 of the Internal Revenue Service Code.

Stipulations Related to Transportation Issues

6. Public Streets Connection to Sage Road: That unless the developer of Wilson Assemblage completes the construction of this portion of the public roadway beforehand, the developer shall construct a public street, from the northwest corner of the Dobbins Hill site to Sage Road as identified with the Wilson Assemblage approved. That the location and construction of the public street, including sidewalks and all associated infrastructure, shall be constructed as approved on March 7, 2005 by Town Council for the Wilson Assemblage Special Use Permit. Prior to issuance of a Zoning Compliance Permit, the final design and construction details must be submitted for approval by the Town Manager.

7. Right-of-Way Dedication Plat: That the Town Manager approves a right-of-way dedication plat for that portion of the required public roadway located between Sage Road and the east property line of Dobbins Hill. That a certified recorded copy of the right-of-way plat shall be submitted prior to the issuance of a Zoning Compliance Permit.

8. Public Street Alignment on Sage Road: That the proposed public roadway connection to Sage Road be aligned with the existing Lowes entrance on Sage Road. The realigned intersection design may incorporate portions of the Lowes driveway and curb line located within the public right-of-way. Prior to the issuance of a Zoning Compliance Permit, final design and construction details for the intersection alignment shall be approval by the Town Manager.

9. Traffic Signal Payment-In-Lieu: That unless the developer of Wilson Assemblage satisfies this condition from the Wilson Assemblage approval, a payment-in-lieu shall be provided to the Town of Chapel Hill for a traffic signal, with pedestrian amenities including crosswalks on Sage Road and at the Lowes driveway, for the intersection of the new public street and the existing Lowes’ entrance on Sage Road. The amount of the payment-in-lieu shall take into account any existing payments and be based on the percentage of the traffic to be generated by the Wilson Assemblage development in proportion to the existing traffic at the proposed intersection and shall be approved by the Town Manager. This payment shall be provided prior to the issuance of a Zoning Compliance Permit.

10. Signal Timing Payment: That unless the developer of Wilson Assemblage satisfies this condition from the Wilson Assemblage approval, the developer of Dobbins Hill Phase II shall provide a payment to the Town of Chapel Hill of $9,000 for revised traffic signal timings at eight affected signalized intersections along US 15-501 Corridor. This payment shall be made prior to the issuance of a Zoning Compliance Permit.

11. Encroachment Permit: Prior to the issuance of a Zoning Compliance Permit, the developer shall secure and provide an encroachment agreement from the North Carolina Department of Transportation for all necessary work within the public right-of-way associated with this project.

12. Traffic Calming Devices: That unless the developer of Wilson Assemblage satisfies this condition from the Wilson Assemblage approval, prior to issuance of a Certificate of Occupancy the developer of Dobbins Hill Phase II shall install traffic calming devices on the public street connection to Sage Road. The specific design and location of the traffic calming devices shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

13. Internal Pedestrian Connections: That the developer construct pedestrian connections in the following general locations as shown by the submitted “Neighborhood Pedestrian Circulation Plan (Attachment 9). The final design and location of the pedestrian connections shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

14. Bicycle Parking: That the development shall comply with the Town’s Design Manual for bicycle parking standards as follows:

Total Number of Required Spaces	48
Number of Class I Spaces	32
Number of Class II Spaces	16

15. Northwest Parking Lot Design: That the developer shall construct a parking lot as shown by Attachment 8A or 8B. That the final design of the northwest parking lot shall be reviewed and approved by the Town Manager and Duke Power Company,.

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

17. Bus Stop Shelter Payment-In-Lieu: That a payment-in-lieu in the amount of $6,175 shall be provided for a bus stop pad, bench and shelter prior to the issuance of a Zoning Compliance Permit. Payment may be used to improve the existing bus stop on Dobbins Drive or for a future bus stop on the new public street between Sage Road and Dobbins Drive.

Stipulations Related to Landscaping and Architectural Issues

18. Required Buffers: That the following landscape buffer be provided; and if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by fencing from adjacent construction:

Location	Required
East Property Line	20’ Type C
South Property Line	20’ Type C & 10’ Type B
West Property Line	10’ Type B
North Property Line	20’ Type C
Dobbins Drive driveway	Alternate Buffers

19. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees shall be removed and preserved, as well as all significant tree stands, and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

20. Landscaping Plan: That a detailed landscape plan including a landscape maintenance plan, and a landscape plan for the landscape buffer located in the northwest corner of the property 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.

21. Tree Protection Fencing: That the limits of land disturbance with tree protection fencing, shall be shown on the Landscape Protection Plan, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

22. Parking Lot Screening: That all parking areas shall be screened from view in accordance with the provisions of Article 5.6 of the Land Use Management Ordinance. The screening and shading plans shall be approval by the Town Manager.

23. Alternative Landscape Buffers: That the details for any alternate landscape buffers shall be reviewed and approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.

24. 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. That the Community Design Commission shall also review and approve any proposed fencing, including the proposed fence around the tot lots.

25. 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.

Stipulation Related to Recreation Area

26. Minimum Recreation Requirements: That a minimum of 12,575 square feet of recreation space shall be provided for this development. The developer may provide a payment-in-lieu for a portion of the required recreation improvement area.

Stipulations Related to Environmental Issues

27. Off-Site Stormwater Facility: That unless the developer of Wilson Assemblage complete this improvement beforehand, the developer shall construct the off-site stormwater facility pond and underground detention feature, as approved on March 7, 2005 by Town Council for the Wilson Assemblage Special Use Permit. Prior to issuance of a Zoning Compliance Permit, the developer must submit the final design and construction details for approval by the Town Manager.

28. Stormwater Easement Plat: That an easement plat for off-site stormwater construction and maintenance shall be reviewed and approved by the Town Manager. A certified recorded copy of the easement plat must be submitted prior to the issuance of a Zoning Compliance Permit.

29. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the developer shall submit a Stormwater Management Plan for review and approval by the Town Manager. The plan shall include low-impact stormwater management solutions and best management practices, such as but not limited to bio-retention, pervious pavements, underground storage, infiltration trenches, vegetative swales and similar techniques.

The plan shall be based on the one-year, two-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate and the post-development stormwater runoff volume shall not exceed the pre-development volume for the local two-year frequency, 24-hour duration storm event. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.

That the final stormwater management plan provide detailed information concerning maintenance access points, maintenance schedules, methods used for maintenance, identification of parties responsible for maintenance, and basin/outlet details. The Maintenance and Operations Plan must provide for a pre-cleaning of the underground systems prior to issuance of a Certificate of Occupancy and pre-treatment facilities for solids removal. Permanent water quality treatment shall be provided prior to the underground detention of stormwater.

30. Storm Drainageway Easement: That all stormwater detention, treatment, and conveyance facilities shall be located within an easement entitled: “Reserved Storm Drainageway”. A storm drainageway shall be reserved from any stormwater management feature that would obstruct or constrict the effective conveyance and control of stormwater from or across the property, for all engineered stormwater structures above and below ground, and for all conveyance systems such as pipes, streams, or ditches if such systems convey, divert, or otherwise manage surface water flowing onto the property/site from off-site areas. The Reserved Storm Drainageway shall be defined on the appropriate final plan sheet(s) and recorded on an easement dedication plat. Maintenance access to the Reserved Storm Drainageway must be provided and shown on the plans.

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

32. Stormwater Maintenance and Easement Agreement: Prior to the issuance of a Zoning Compliance Permit, it will be necessary for the developer to execute a recorded maintenance and easement agreement with the adjoining Wilson Assemblage property owner. The agreement must be binding on all current and subsequent property owners and ensure perpetual compliance with the Town’s stormwater requirements and maintenance of the facilities. Prior to recordation, this document must be approved by the Town Manager.

33. 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.

34. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. That a performance guarantee shall be provided in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.

35. Silt Control: That the developer takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

Stipulations Related to Utility and Service Issues

36. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling of glass, plastic, aluminum, newspaper and other materials and for managing and minimizing construction debris and removal of existing residential debris piles, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

37. Approval of Cross Access Agreements: That a cross vehicular and pedestrian access easement shall be provided between the owners and heirs of the Wilson Assemblage parcel and this Dobbins Hill property. The agreement shall be approved by the Town Manager and recorded at the Orange County Register of Deeds Office; and copies of the agreement shall be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.

38. Heavy Duty Pavement: That all new drive aisles, needed to access refuse containers, shall be constructed of heavy duty pavement. The final plans must include a detail of this pavement section. It will also be necessary to include the following note on the final plans: “The Town of Chapel Hill, its assigns or Orange County shall not be responsible for any pavement damage that may result from service vehicles.”

39. Overhead Obstruction/Utility Lines: That the final plans included details verifying that no overhead obstruction or utility wires will interfere with service vehicle access or operation.

40. 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.

That prior to the issuance of a Zoning Compliance Permit the developer provide verification of approval from Duke Power Company for the proposed parking area in the Duke Power Company utility easement behind Building A.

41. Utility Line Placement: That all new utility lines shall be placed underground. The developer 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.

42. 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.

43. Vehicle Access for Fire Fighting: That vehicle access for fire fighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 feet of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads capable of supporting vehicle loading under all weather conditions.

44. Water Supply for Fire Protection: That water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible materials arrive on site.

Stipulations Related to Miscellaneous Issues

45. Schools Adequate Public Facilities Ordinance: That the developer provides the necessary Certificates of Adequacy of Public Schools prior to issuance of a Zoning Compliance Permit.

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. 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.

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

49. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Land Use Management Ordinance and the Design Manual.

50. As-Built Plans: That 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.

51. 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.

52. Construction Sign: That the developer 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.

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

54. 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 Town Council hereby approves the application for the Special Use Permit Modification Planned Development-Housing application for Dobbins Hill Phase II in accordance with the plans and conditions listed above.

This the day of , 2005.

ATTACHMENT 5

RESOLUTION B

(Bicycle and Pedestrian Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION, PLANNED DEVELOPMENT-HOUSING, FOR DOBBINS HILL PHASE II

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 by the Town Council of Chapel Hill that it finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

Modification of Table 3.8.1 Dimensional Matrix of the Land Use Management Ordinance to allow the Dobbins Hill development to exceed the maximum permitted floor area by 21,248 square feet for a total of 95,500 square feet.

Modification of Table 3.8.1 Dimensional Matrix of the Land Use Management Ordinance to allow the Dobbins Hill development to exceed the maximum dwelling unit density by 1.8 units per acre for a maximum density of 11.8 units per acre.

Modification of Table 3.8.1 Dimensional Matrix of the Land Use Management Ordinance to allow the northernmost end of the Building A exceed the 34 foot primary height limit by 8 feet and that portions of the roof protrude outside the building envelope by up to 3 feet.

Said public purpose being the applicant’s proposal to provide 32 affordable housing units.

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 stipulations: That the following stipulation shall be deleted:

· Northwest Parking Lot Design:

3. Modified stipulations: That the following stipulation shall be modified:

· Building Elevations: That the requirement for Community Design Commission reviews of the proposed fence around the tot lot shall be deleted from the stipulation.

· Bus Shelter Payment in Lieu: That amount of the bus shelter payment-in-lieu ($6,175) shall be deleted from the stipulation.

· Minimum Recreation Requirements: That a minimum of 15,491 square feet of recreation space shall be provided for this development.

· Dobbins Hill Phase II (new 32 units) Continued Affordability: Insert the following text:

That if the Orange Community Housing and Land Trust does not exercise that right at such time that the option is available, then the option shall transfer to the Town of Chapel Hill who may make it available to a similar agency.

4. Add Stipulations: That the following stipulations from Resolution A in the Staff Report to Advisory Boards shall be added:

· Off-Site Tree Protection Fencing: That in order to protect tree root zones located off-site, adjacent to the proposed undisturbed buffer along the west property line in the northwest corner of the site, the developer shall provide an off-site landscape easement, and if deemed necessary by the Town Manager, construct an off-site retaining wall. Prior to the issuance of Zoning Compliance Permit, the Town Manager shall review and approve the landscape easement and be provide with a recorded copy of the easement.

· Dobbins Hill (existing 55 units) Continued Affordability: That the owner of Dobbins Hill, their heirs, successor and assigns, agree to grant Orange Community Housing and Land Trust, their heir, successor and assigns, the right of first refusal to acquire the 55 units in the existing Dobbins Hill Apartment complex at the end of the tax-credit compliance period as specified by the terms and restrictions as recorded at Book 1315, Page 70, in the Orange County deed registry, or sooner, if the affordability agreement terminates before the end of the compliance period. That the terms of this transaction shall be governed by rules in Section 42 of the Internal Revenue Service code.

This the day of , 2005.

ATTACHMENT 6

RESOLUTION C

(Denying the Special Use Permit Application)

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR DOBBINS HILL PHASE II PLANNED HOUSING-DEVELOPMENT

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Chapel Hill that the Town Council finds that the Special Use Permit Modification application proposed by The Design Response, Inc. on property identified as Chapel Hill Township Tax Map 27, Block B, Lot 3, (PIN 9799594073), if developed according to the Dobbins Hill Apartments Phase II Site Plans dated February 24, 2005, including the off-site roadway and stormwater facility improvements stipulated below, as shown on the Wilson Assemblage site plans dated January 18, 2005, 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 Articles 3, and 5, the applicable specific standards contained in Supplemental Use Regulations (Article 6), and with all other applicable regulations;

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 this Chapter and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Town Council hereby denies the application for a Special Use Permit Modification Planned Housing-Development for Dobbins Hill Phase II in accordance with the plans listed above and with the conditions listed below:

(INSERT ADDITIONAL REASONS FOR DENIAL)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Council hereby denies the application for Dobbins Hill Phase II Planned Development-Housing as proposed by The Design Response, Inc.

This the day of , 2005.