AGENDA #10
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Dobbins Hill Special Use Permit Modification Planned Housing Development
DATE: April 25, 2005
INTRODUCTION
Tonight the Council continues the Public Hearing from April 18, 2005 for consideration of a Special Use Permit Modification 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.
This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
· Cover Memorandum: Provides background on the development proposal and the Town’s review process, and offers recommendations for Council action.
· Attachments: Includes resolutions of approval and denial, advisory board summaries and a copy of the Public Hearing memorandum and its related attachments.
BACKGROUND
On May 24, 1993, the Town Council approved the Dobbins Hill Special Use Permit for 55 multi-family units on a 7.4 acre site.
On January 10, 2005, the Town Council granted expedited processing to the Dobbins Hill Phase II Special Use Permit Application. Concept Plan reviews of this application were conducted by the Community Design Commission on January 20, 2005 and by the Town Council on January 24, 2005.
On March 7 of this year, 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.
On April 18, 2005, a Public Hearing was held for consideration of a Special Use Permit application to authorize the construction of 32 units in Dobbins Hill. Questions regarding the application were raised during the Public Hearing and the Hearing is being reopened tonight to receive applicant and staff responses to these questions.
This is an application for a Special Use Permit. 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 regarding its compliance with the standards and regulations of the Town’s Land Use Management Ordinance; we have presented a report to the Planning Board; and on April 18, we submitted our report and recommendation to the Council.
EVALUATION OF THE APPLICATION
The standard for review and approval of a Special Use Permit application involves consideration of four findings of fact that the Council must consider for granting a Special Use Permit. Based on the evidence that is accumulated during the Public Hearing, the Council will consider whether or not it can make each of the four required findings for the approval of a Special Use Permit.
If, after consideration of the evidence submitted at the Public Hearing, the Council decides that it can make each of the four findings, the Land Use Management Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.
Tonight, based on the evidence presently in the record thus far, we provide the following evaluation of this application based around the four findings of facts that the Council must consider for granting a Special Use Permit.
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Finding #1: That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare.
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Comment: We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of Finding #1, as offered in the attached applicant’s Statement of Justification can be summarized as follows:
· “The site will be bordered by and have direct access to two public roads (Dobbins Drive and the new Street “A’ to be constructed by the Wilson Assemblage development) providing easy access to Sage Road, Erwin Road and US Highway 15-501, which are each utilized by established bus routes. Consequently, the site is located in a manner that maximizes mass transit opportunities, thereby promoting public safety and general welfare by potentially reducing automobile trips related to the project.” [Applicant’s Statement]
· “The existing site only has one point of ingress and egress, from Dobbins Drive. The proposed development will include an additional point of ingress and egress to the north, thereby improving the public safety of existing residents.” [Applicant’s Statement]
· “The provision of additional permanently affordable housing units will promote the general welfare of the greater community.” [Applicant’s Statement]
Additional arguments presented by the applicant in support of this finding are offered in the attached Statement of Justification.
Evidence in opposition: We have not identified any evidence offered in opposition to Finding #1.
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Finding #2: That the use or development complies with all required regulations and standards of this chapter, including all applicable provisions of Articles 3 and 5, the applicable specific standards in the Supplemental Use Regulations (Article 6) and with all other applicable regulations.
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Comment: We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of Finding #2, as offered in the attached applicant’s Statement of Justification can be summarized as follows:
· “All setbacks and the building height for Building B are proposed in accordance with Table 3.8-1.” [Applicants Statement]
· “The site is designed in conformance with the design and development standards prescribed in Article 5 of the Land Use Management Ordinance. In particular, the development seeks to follow steep slope regulations prescribed in Section 5.3.2 of the Ordinance.” [Applicants Statement]
· “Stormwater management will be provided off-site in accordance with the requirements of Section 5.4 of the Ordinance.” [Applicants Statement]
· “Recreational requirements, as outlined in Section 5.5 of the Land Use Management Ordinance are proposed to be met through the provision of on-site facilities and, if necessary, a payment-in-lieu to the Town.” [Applicants Statement]
· “Landscaping, screening and buffering are provided in accordance with Section 5.6 of the Land Use Management Ordinance, while tree protection is provided in accordance with Section 5.7 of the Ordinance.” [Applicants Statement]
· “Access, circulation and parking are proposed in accordance with Sections 5.8 and 5.9 of the Land Use Management Ordinance.” [Applicants Statement]
Evidence in opposition: The applicant does not meet several standards and has requested that the Council modify them. For additional discussion on the requested modifications, please see “Requested Modification of Regulations” section below.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
We have not identified any evidence offered in opposition to Finding #2.
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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;
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Comment: We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of Finding #3, as offered in the attached applicant’s Statement of Justification can be summarized as follows:
· “The existing Dobbins Hill Apartment development has proven over the last 10 years to be located, designed and operated in a successful manner that has maintained and/or enhanced the value of contiguous property. The second phase of the Dobbins Hill Apartment will benefit from the same location and design, and will be operated in the same manner as the existing development, thereby continuing to maintain and/or enhance the value of contiguous property.” [Applicants Statement]
· “As evidenced by other developments in the Town of Chapel Hill where multi-family residences have been located and built adjacent to neighboring multi-family uses, the proposed Phase II of the Dobbins Hill Apartments will continue to maintain or enhance the value of these adjoining residential developments.” [Applicants Statement]
Additional arguments presented by the applicant in support of this finding are offered in the attached Statement of Justification.
Evidence in opposition: We have not identified any evidence offered in opposition to Finding #3.
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Finding #4: That the use or development conforms with the general plans for the physical development of the Town as embodied in this chapter and in the Comprehensive Plan.
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Comment: We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of Finding #4, as offered in the attached applicant’s Statement of Justification can be summarized as follows:
· “This proposal creates 32 new affordable dwelling units through a second phase of the existing Dobbins Hill Apartments development. These 32 additional affordable housing units will serve to ensure that a portion of Chapel Hill’s housing stock will remain affordable to low and moderate income families in the future. Furthermore, the provision of these affordable units will create well-designed, safe and sanitary housing that will be available to citizens earning less than 50% of the area’s median income, which will make it easier for people to afford to live and work in Chapel Hill.” [Applicants Statement]
· “The Comprehensive Plan also discusses the goal of “maintaining housing diversity in the face of a predominantly high-end, high-cost housing market” and acknowledges the “need to provide quality housing affordable to all segments of the community.”
This proposal offers quality housing that will serve an underserved portion of the Town’s population while also providing much-needed housing diversity for the Town.” [Applicants Statement]
· “The Comprehensive Plan identifies the following objective: “provide opportunities to create “living and working neighborhoods”, or mixed-use developments in appropriate locations.”
This application proposes just such a neighborhood. With neighboring office buildings on adjacent tracts, some of which include limited ground-floor retail opportunities, this development proposes to place additional residences in a location that will function as a living and working neighborhood that is also located in an appropriate location – close to major roads and mass transit opportunities.” [Applicant’s Statement]
Evidence in opposition: We have not identified any evidence offered in opposition to Finding #4.
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.
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.”
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.
Comment: We believe that the Council could find that the public purposes specifically promoted by this proposed development would be the provision of 32 affordable housing units.
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.
Comment: We believe that the Council could find that the public purposes specifically promoted by this proposed development would be the provision of 32 affordable housing units.
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 eight feet and that portions of the roof protrude outside the building envelope by up to three feet.
Comment: We believe that the Council could find that the public purposes specifically promoted by this proposed development would be the provision of 32 affordable housing units.
Our 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 ISSUES
At the April 18, 2005 Public Hearing, key issues included the existing affordable housing program in Dobbins Hill, payment-in-lieu for a bus shelter and pedestrian crosswalks.
Dobbins Hill: 1995 Tax-Credit Program: In 1993, the Town Council approved the Dobbins Hill Special Use Permit. The permit authorized the construction of 55 multi-family units. The initial Special Use Permit application was submitted by Orange Community Housing and Crosland Properties.
In 1995, Dobbins Hill Apartments Limited Partnership and the North Carolina Housing Financing Agency executed an agreement (Attachment 1) creating an affordable housing tax-credit program for the Dobbins Hill development. This agreement included a deed restriction mandating that the units remain affordable for 20 years. The program also included an understanding that at the end of a 15 year mortgage (between Dobbins Hill Partnership and NC Housing Financing Agency) Orange Community Housing Corporation will have an option to purchase the project under certain terms and conditions (Attachment 2).
The terms and conditions of the tax-credit program were not stipulated in the 1993 Special Use Permit. The 1993 Special Use Permit did not include a condition stipulating affordable units for the Dobbins Hill project.
During the April 18, 2005 Public Hearing, a Council member asked that Town staff and Orange Community Land Trust review the 1995 tax-credit program.
Comment: We believe that the agreements establishing the 1995 tax-credit program, between Dobbins Hill Limited Partnership and the North Carolina Housing Financing Agency, are functioning as planned. As intended, we believe that the execution of the 1995 agreement will provide Orange Community Land Trust an opportunity to acquire the existing Dobbins Hill development at the end of the 15 year mortgage. We do not recommend changes to the current tax-credit program.
Regarding the Council’s consideration of tonight’s Special Use Permit application, we recommend the following stipulations for the Dobbins Hill Phase II tax-credit program:
· That the Town Manager and Orange Community Land Trust shall review and approve the agreement and terms and conditions of the tax-credit program;
· That the agreement shall include an Option to Purchase agreement for Orange Community Land Trust. That except for the following modifications, the agreement shall be consistent with the terms and conditions of the existing agreement as included in included in the January 1995 Dobbins Hill Apartments Limited Partnership Development Agreement (Attachment 2):
o That the Option to Purchase agreement shall not include the paragraph referring all transactional costs to Orange Community Land Trust;
o That the Option to Purchase agreement shall offer the option to Orange Community Land Trust and its qualified successors and assigns;
o That the Option to Purchase shall be in accordance with applicable sections of Internal Revenue Code Section 42.
These recommendations have been incorporated by stipulations in Resolution A.
We believe that the applicant may present additional information concerning this issue during tonight’s meeting.
Bus Shelter Payment-in-Lieu: During the Public Hearing the applicant asked the Council to authorize the refund of the stipulated payment-in-lieu ($6,175), if the payment is not used within five years for a bus shelter on Dobbins Drive or for a bus stop on the new public street between Sage Road and Dobbins Drive.
Comment: We recommend that after five years from the issuance of the last Certificate of Occupancy for Dobbins Hill Phase II, and following a written request by the owners and or developer of Dobbins Hill Phase II, that the bus shelter payment-in-lieu shall be refunded, if the payment has not been used to improve the existing bus stop on Dobbins Drive or for a bus stop on the new public street between Sage Road and Dobbins Drive.
This recommendation has been incorporated into Resolution A.
Striped Pedestrian Crossing: A Council member recommended that the applicant consider a striped pedestrian crosswalk at south end of the existing Dobbins Drive entrance.
Comment: Resolution A includes a stipulation for a striped pedestrian crosswalk at the south end of the existing Dobbins Hill entrance.
RECOMMENDATIONS
Recommendations from Advisory Boards are summarized below. Please see summaries of board actions and recommendations in the attachments.
Planning Board Recommendation: On April 19, 2005, the Planning Board voted 10 to 0 to recommend that the Town Council approved the application with the adoption of Resolution A. A copy of the Summary of Planning Board Action is attached to this memorandum.
Transportation Board Recommendation: On April 19, 2005, the Transportation Board voted 7 to 0 to recommend that the Town Council approved the application with the adoption of Resolution A. A copy of the Summary of Transportation Board Action is attached to this memorandum.
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 forward 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 forwarded as soon as it is available.
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. Please refer to the attached April 18, 2005 Public Hearing item for additional information.
Manager’s Recommendation: Based on our evaluation of the application, our 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.
Resolution B would deny the application.
Dobbins Hill Phase II - Special Use Permit
Differences between Resolutions
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ISSUES |
Resolution A (Approval) Manager’s, Recommendation
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Resolution A (Approval)
Bicycle and Pedestrian Advisory Board |
Resolution A (Approval) Planning and Transportation Board |
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Grant right of first refusal to Town of Chapel Hill for tax-credit units |
No |
* |
No |
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Parking lot designs in northwest corner (Attachments 8A & 8B) |
Yes (subject to approval by Duke Power Company) |
* |
Yes (subject to approval by Duke Power Company) |
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Delete required off-site retaining wall along northwest buffer |
Yes |
* |
Yes |
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Minimum recreation area |
12,574 square feet |
* |
12,574 square feet |
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Tot Lot Fence Review by Community Design Commission |
Yes |
* |
Yes |
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Specify bus shelter payment-in-lieu/refund timetable |
Yes ($6,175) To be refunded within 5 years of last Certificate of Occupancy |
* |
Yes ($6,175) To be refunded within 5 years of last Certificate of Occupancy |
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Bicycle Parking Spaces 32 Class I 16 Class II |
Yes |
Yes |
Yes |
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Approve Internal Ped. Plan (Attachment 9) |
Yes |
Yes |
Yes |
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Tax-Credit Stipulations |
Yes |
* |
* |
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Striped Pedestrian Crosswalk at Dobbins Dr entrance |
Yes |
* |
* |
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* Issue not discussed by Advisory Board
ATTACHMENTS
1. 1995 Declaration of Deed Restrictions and Deed of Trust (p. 23).
2. 1995 Dobbins Hill Apartment Limited Partnership Development Agreement (p. 48).
3. Planning Board Summary Action (p. 51).
4. Transportation Board Summary Action (p. 52).
5. April 18, 2005 Public Hearing Memorandum and related attachments (p. 53).
RESOLUTION A
(Manager’s, Planning, Transportation,
Bicycle and Pedestrian Board 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 (2005-04-25/R-12a)
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:
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:
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Land Use Intensity |
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Net Land Area |
297,984 sq ft |
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Maximum Floor Area Total |
95,500 sq ft |
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Total # of Buildings |
7 (2 new/5 existing) |
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Maximum # of Dwelling Units |
87 |
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Minimum # of Parking Spaces |
150 |
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Minimum # of Bicycle Parking Spaces |
48 |
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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 include an Option to Purchase agreement for Orange Community Land Trust.
That except for the following modifications, the agreement shall be consistent with the terms and conditions of the existing agreement as included in the January 1995 Dobbins Hill Apartments Limited Partnership Development Agreement (Attachment 2):
o That the Option to Purchase agreement shall not include the paragraph referring all transactional costs to Orange Community Land Trust;
o That the Option to Purchase agreement shall offer the option to Orange Community Housing Corporation and its qualified successors and assigns;
o That the Option to Purchase shall be in accordance with applicable sections of Internal Revenue Code Section 42.
That the Town Manager and Orange Community Land Trust shall review and approve the agreement and terms and conditions of the tax-credit program;
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. Striped Pedestrian Crossing: That improvement to the pedestrian circulation plan shall included a striped pedestrian crosswalk at south end of the existing Dobbins Drive entrance.
15. Bicycle Parking: That the development shall comply with the Town’s Design Manual for bicycle parking standards as follows:
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Total Number of Required Spaces |
48 |
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Number of Class I Spaces |
32 |
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Number of Class II Spaces |
16 |
16. 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.
17. Parking Lot Standards: That all parking lots, drive aisles and parking spaces shall be constructed to Town standards.
18. 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.
That, after five years from the issuance of the last Certificate of Occupancy for Dobbins Hill Phase II, and following a written request by the owners and or developer of Dobbins Hill Phase II, that the bus shelter payment-in-lieu, shall be refunded, if the payment has not been used to improve the existing bus stop on Dobbins Drive or for a bust stop on the new public street between Sage Road and Dobbins Drive.
Stipulations Related to Landscaping and Architectural Issues
19. 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 |
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East Property Line |
20’ Type C |
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South Property Line |
20’ Type C & 10’ Type B |
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West Property Line |
10’ Type B |
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North Property Line |
20’ Type C |
|
Dobbins Drive driveway |
Alternate Buffers |
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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
27. Minimum Recreation Requirements: That a minimum of 12,574 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
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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
37. 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.
38. 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.
39. 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.”
40. 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.
41. 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.
42. 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.
43. Fire Flow: That a fire flow report, shall be prepared and sealed by a registered professional engineer, and showing that flows meet the minimum requirements of the Town Design Manual, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
44. 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.
45. 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.
46. 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.
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. 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.
49. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.
50. 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.
51. 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.
52. 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.
53. 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 six feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.
54. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
55. 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 25th day of April, 2005.
RESOLUTION B
(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 (2005-04-25/R-12b)
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the 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)
BE IT FURTHER RESOLVED that the Council hereby denies the application for Dobbins Hill Phase II Planned Development-Housing as proposed by The Design Response, Inc.
This the 25th day of April, 2005.