MEMORANDUM

AGENDA #9

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Southern Community Park Special Use Permit

DATE: May 9, 2005

INTRODUCTION

Tonight, the Council continues the Public Hearing from April 11, 2005 for approval of a Special Use Permit to construct the Town of Chapel Hill Southern Community Park and associated improvements, located south of Southern Village on the west side of US 15-501 South. The proposal includes playing fields and courts, trails, picnic areas, a dog park, restrooms, 229 parking spaces, a recycling center and a site for a future community center. The 72 acre site is located in the Residential-1 and Residential Low Density-1 zoning districts and is identified as Chapel Hill Township Tax Map 128, Block A, Lot 31.

Accompanying this memorandum is a separate report from the Town Manager responding to issue raised by the Council from the perspective of the Town as owner of the project.

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, and a copy of the Public Hearing memorandum and its related attachments.

BACKGROUND

In 1986, and 1989, Chapel Hill voters approved Parks bonds, portions of which were used to purchase the Southern Community Park property. In 1997, and 2001, Orange County voters approved Parks bonds that included funds designated for the Southern Community Park. In July 2000, the Town Council appointed the Southern Community Park Conceptual Plan Committee. On March 25, 2002, the Town Council adopted the Report of the Southern Community Park Conceptual Plan Committee and directed the Town Manager to prepare an implementation plan. The Orange County Board of Commissioners adopted the park Concept Plan on March 5, 2003.

Concept Plan reviews of this application were conducted by the Community Design Commission on June 16, 2004 and by the Town Council on June 21, 2004.

On February 21, and April 11, 2005, a Public Hearing was held for consideration of a Special Use Permit application to authorize the Town of Chapel Hill to construct a community park on the west side of US 15-501. During the April 11 Public Hearing the Town as owners, presented a proposal to increase parking along Dogwood Acres Drive. Questions regarding the application were raised during the Public Hearings, 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 February 21, 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.

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.

Staff 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 design of the park provides recreational opportunities for the public while preserving a large portion of the site in an undisturbed condition. These opportunities and the preservation of the natural environment promote the public’s health, safety and general welfare.” [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.

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

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

Evidence in support: Evidence in support of Finding #2, as offered in the attached applicant’s Statement of Justification can be summarized as follows:

· “Plans prepared for the use and development of this property as a park comply with all required regulations and standards…including requirements and provisions relative to street improvements, buffer and setbacks, parking and preservation of open space.” [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 #2.

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;

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:

“Relative to current recreational opportunities available to the residents of Chapel Hill and Orange County and based on the recently completed town Parks and Recreation Master Plan the development of this park is considered a necessity.” [Applicants Statement]

“Definition of this park as a public necessity is reflected in the Town Parks and Recreation Master Plan.” [Applicants Statement]

“The plans for Southern Community Park address recreation needs identified by the Parks Recreation Master Plan for the Town and is compliant with the town’s Comprehensive Plan.” [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.

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

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

Evidence in support: Evidence in support of Finding #4, as offered in the attached applicant’s Statement of Justification can be summarized as follows:

· “The development of the park conforms to the general plans for the physical development of the town as embodied in the Comprehensive Plan. Among the attributes of the park which contribute to the themes of the comprehensive plan are the following:

o The park design responds to and will help protect the adjacent neighborhood, Dogwood Acres Subdivision.

o With over half of the 70 acre park site remaining in a natural condition the park will preserve a natural setting within the town.

o The park is a desirable non-residential development.

o The park extends the existing greenway trail, which currently terminates just north of the park site.

o The park provides quality community facilities and services.

o The park’s location adjacent to the Park and Ride Lot at Southern Village supports a balanced transportation system.” [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 #4.

KEY ISSUES

At the February 21, 2005 Public Hearings, the issues discussed included parking, pedestrian crossings and a suggested pedestrian activated signal on Dogwood Acres Drive, and plant rescue.

Parking Issues: Council members questioned whether or not the project would have adequate parking. In response to this concern the Town as applicant is proposing to add 60 additional parking spaces to the proposed Dogwood Acres Drive parking lot.

Comment: The proposal for the Southern Community Park Special Use Permit, as reviewed by the Town Council on February 21, included 223 spaces: 152 parking spaces for the northern parking lot, 65 parking spaces for the Dogwood Acres Drive lot, and 6 staff spaces. The most recent proposal by the Town as applicant is to add 60 spaces to the Dogwood Acres Drive parking area. This proposal will result in a total of 283 parking spaces.

Because of the multiple and different park activities proposed along Dogwood Acres Drive, and the easy accessibility to the large athletic fields, we believe the potential exists for extensive use of this parking area by park visitors. We believe that the proposal to add 60 spaces to the previously planned 65 space parking area is reasonable and will help to minimize the incident of on-street parking within the Dogwood Acres neighborhood.

We have reviewed the traffic analysis and believe that no significant impact is expected on the surrounding street network due to the proposed increase in the number of parking spaces. We recommend that the Council approve the proposal to increase the Dogwood Acres Drive parking area from 65 to 125 parking spaces.

Pedestrian Crossings on Dogwood Acres Drive: A Council member questioned the location and number of pedestrian and bicycle crossings of Dogwood Acres Drive. In response the Town as applicant is proposing to plant landscape barriers between the parking lot and Dogwood Acres Drive. The Town as applicant is also proposing to maintain the two pedestrian crossings associated with the natural and paved trails.

Comment: We believe that the proposal to plant landscape material between the proposed parking lot and Dogwood Acres Drive is a practical way to direct pedestrian traffic towards the designated crosswalk. We also support the proposal to maintain the pedestrian street crossings associated with the two trails. Resolution A includes a stipulation that, prior to the issuance of a Zoning Compliance Permit, the Town Manager review and approve a traffic calming and pedestrian crossing plan for the portion of Dogwood Acres Drive within park limits.

Pedestrian Activated Signal on Dogwood Acres Drive: A Council member suggested that a pedestrian activated signal, similar to the one at Umstead Park, be installed at the pedestrian crossing proposed at the Dogwood Acres Drive parking area.

Comment: We believe that because of the proposal to add parking spaces to the Dogwood Acres Drive parking area, a pedestrian activated signal may be warranted sometime in the future. We believe that the need for a pedestrian signal at this location can be analyzed once the park has been completed. We anticipate that the cost to install a pedestrian activated signal is $45,000 to $50,000.

We recommend that, within a five year period following the completion of the Dogwood Acres Drive parking area, the Town conduct a traffic study to determine if a pedestrian activated traffic signal on Dogwood Acres Drive is warranted. We also recommend that, based on the results of the traffic study, the Town Manager shall determine if and when a pedestrian activated signal shall be installed.

Plant Rescue: A Council member suggested that a plant rescue be held prior to construction.

Comment: The Town as applicant has agreed to sponsor a plant rescue. Resolution A includes a stipulation requiring a plant rescue prior to beginning land disturbance activity.

RECOMMENDATIONS

Recommendations from the Planning Board, Transportation Board, Community Design Commission, Bicycle and Pedestrian Advisory Board, and the Greenways Commission are included in the attached February 14, 2005 memorandum.

Parks and Recreation Commission Recommendation: On February 16, 2005, the Parks and Recreation Commission voted 9 to 0 to recommend the Council approve this application with the adoption of Resolution A. Please see attached Summary of Park and Recreation Commission Action.

Manager’s Revised 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.

Resolution B would approve the application as recommended by the Transportation Board.

Resolution C would approve the application as recommended by the Greenways Commission.

Resolution D would deny the application.

Southern Community Park - Special Use Permit

Differences Between Resolutions

ISSUES

Resolution A

(Approval)

Town Manager

Resolution A

(Approval)

Planning Board, Community Design Commission, Bicycle and Pedestrian Advisory Board, and Parks and Recreation Commission Recommendations

Resolution B

(Approval)

Transportation

Board

Recommendation

Resolution C

(Approval)

Greenways

Commission
Recommendation

Traffic signal at Dogwood Acres Drive

Yes

Replace parking spaces with parking groves

Yes

Add 60 parking spaces to the Dogwood Acres Drive Parking area

Yes

* Not discussed by Advisory Board

ATTACHMENTS

1. Traffic Impact Analysis Exemption (p. 19).

2. Revised Statement of Justification (p. 20).

3. Revised Project Fact Sheet (p. 24).

4. Parks and Recreation Commission Summary Action (p. 27).

5. Reduced Plan (p. 28).

6. February 21, 2005 Memorandum and related attachments (begin new page 1).

RESOLUTION A

(Manager’s Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE TOWN OF CHAPEL HILL, SOUTHERN COMMUNITY PARK (2005-05-09/R-13a)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by the Town of Chapel Hill on property identified as Chapel Hill Township Tax Maps 7.126.A.4J and 128.A.2E, 31, 31A (PIN 9777937966, 9777911333, 977937092 and 977926176), if developed according to the site plans dated April 18, 2005, the Southern Community Park Phase 1 Revision (temporary greenway plan) dated January 18, 2005 and the conditions listed below:

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

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

Is a use or development that 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

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

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for the Town of Chapel Hill, Southern Community Park in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. That construction begins by May 11, 2007 and be completed by May 11, 2015.

2. Land Use Intensity: This Special Use Permit authorizes a public use facility (community park) and public service facility (community recycling center) with land use intensity requirements and dimensional standards as specified below:

Land Use Intensity
Net Land Area	70.54 acres
Total # of Buildings	3 (not including picnic shelters)
Permitted Floor Area	5,000 sq ft
Impervious Surface Area	10.8 acres (approximately)
Maximum # of Parking Spaces	283
Minimum # of Bicycle Spaces	40

Stipulations Related to Access and Circulation

3. US 15-501 South Improvements: That the applicant shall construct the following roadway improvements on US 15-501 South:

a) A southbound deceleration lane at the proposed northern connection to the park.

b) A five-foot wide sidewalk along US 15-501 South between Southern Village and the north end of the US 15-501 South sidewalk.

c) A five-foot wide sidewalk along US 15-501 between Dogwood Acres Drive and the south end of the US 15-501 sidewalk.

The design and construction of the improvements must be approved by the Town Manager and the North Carolina Department of Transportation prior to the issuance of a Zoning Compliance Permit.

4. Encroachment Permit: Prior to the issuance of a Zoning Compliance Permit, the applicant shall secure and provide an encroachment agreement from the North Carolina Department of Transportation for all work within the State maintained roadway right-of-way.

5. Dogwood Acres Drive Improvements: That the applicant shall construct the following roadway improvements on Dogwood Acres Drive:

a. Separate right-turn and left turn lanes at the US 15-501 South intersection.

b. Traffic-calming measures and pedestrian crossings.

c. Five-foot wide sidewalk along the north side of the roadway frontage.

d. Five-foot wide sidewalk on the south side of the roadway frontage, between US 15-501 South and the parking lot near the youth baseball field.

The design and construction of the improvements must be approved by the Town Manager and if applicable the North Carolina Department of Transportation, prior to the issuance of a Zoning Compliance Permit.

6. Dogwood Acres Drive On-Street Parking Prohibited: That prior to the issuance of a Zoning Compliance Permit, the applicant shall request that the Town Council prohibit on-street parking along that portion of Dogwood Acres Drive within park limits. If the parking prohibition is approved by the Town Council, No Parking signs shall be installed as soon as practical.

7. Dogwood Acres Drive Speed Limit: That prior to the issuance of a Zoning Compliance Permit, that applicant shall request that the Town Council reduce speed limits to 25 miles per hour along that portion of Dogwood Acres Drive within park limits.

8. Dogwood Acres Drive Traffic Calming Plan: That prior to the issuance of a Zoning Compliance Permit, the Town Manage shall approve a traffic calming and pedestrian crossing plan for the portion of Dogwood Acres Drive within park limits.

9. Dogwood Acres Drive Pedestrian Activated Traffic Signal: That, within a five year period following the completion of the Dogwood Acres Drive parking area, the Town shall conduct a traffic study to determine if a pedestrian activated traffic signal on Dogwood Acres Drive is warranted. That based on the results of the traffic study the Town Manager shall determine if and when a pedestrian activated traffic signal shall be installed.

10. Dogwood Acres Drive Sidewalk: That the sidewalk on the north side of Dogwood Acres Drive shall be located behind the roadside ditch or constructed as a meandering sidewalk. The Town’s Urban Forester/Landscape Architect shall approve the field location of the proposed sidewalk.

11. Internal Public Street: That the internal park road, between US 15-501 South and the Park and Ride Lot, may be dedicated as public right-of-way. Prior to the issuance of a Zoning Compliance Permit, the Town Manager shall approve the design and construction standards for this roadway, including traffic calming measures.

12. Sight Distance: Prior to the issuance of a Zoning Compliance Permit, sight distance triangles at all street intersections and driveways must be approved by the Town Manager.

13. Pavement Marking and Street Sign Plan: Prior to the issuance of a Zoning Compliance Permit, the applicant shall submit a pavement marking and street sign plan for approval by the Town Manager. Street signs shall be installed for the opening of the park.

14. Greenway, Paths, Trails: That prior to the issuance of a Zoning Compliance Permit, the Town Manager shall approve design and construction plans for the greenway, pedestrian paths and trails.

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

16. Bicycle Parking: That the development shall comply with the Town’s Design Manual for bicycle parking design. Minimum number of bicycle parking spaces shall be provided as:

Minimum Number of Spaces	40
Number of Class I Spaces	8
Number of Class II Spaces	32

Stipulations Related to Landscaping and Architectural Issues

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

Landscape Buffers
Location	Required Buffers
US 15-501 South	Variable (30’-100’ wide Type D)
Dogwood Acres Drive	Variable (25’-100’ wide Type D) Alternate buffer for areas less than 30’ in width
Merritt Drive	100’ wide Type D
West Property Line (Dogwood Acres)	Variable (60’-100’ wide Type C)
North Property Line (Southern Village & Park and Ride Lot )	Variable (10’-100 wide Type C) Alternate buffer for areas less than 30’ in width

18. Alternate Buffers: That the Community Design Commission approve all proposed alternate buffers prior to issuance of a Zoning Compliance Permit.

19. Landscape Protection Plan: That a detailed Landscape Protection Plan, indicating which rare and specimen trees shall be removed and preserved, and 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. The plan shall also identify construction parking and materials staging/storage areas. This plan shall include rare and specimen trees and associated root zones within the land disturbance area associated with off-site utility infrastructure construction.

20. Plant Rescue: That prior to beginning land disturbance, the applicant shall conduct a plant rescue.

21. Landscaping Plan: That a detailed landscape plan, including a parking lot shading plan in accordance with provisions of Section 5.9.6 of the Land Use Management Ordinance, and a landscape maintenance plan, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The landscape plan shall indicate the size, type, and location of all proposed plantings. In areas where existing vegetation is being retained, the landscaping plan shall include supplemental evergreen shrub plantings, where deemed necessary by the Town Manager.

22. Bio-Retention Facility Planting Plan: That prior to the issuance of a Zoning Compliance Permit, the Town Manager shall approve a planting plan for the bio-retention facility located between the Park and Ride Lot and the recycling facility.

23. Tree Protection Fencing: That tree protection fencing be installed along the limits of all land disturbance, including that associated with off-site utility infrastructure construction, and that the location of this fencing be shown on the Landscape Protection Plan, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

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

25. Building Elevations: That the Community Design Commission approve building elevations, including fencings around fields, the dog park and the recycling center, prior to issuance of a Zoning Compliance Permit.

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

Stipulations Related to Environmental Issues

27. Land Disturbance in the Resource Conservation District: That land disturbance in the Resource Conservation District is authorized in accordance with Section 3.6.3 of the Land Use Management Ordinance.

28. Resource Conservation District Location: That the applicant submit Final Plans which show the location of the Resource Conservation District for the off-site construction associated with the sewer line extension into Southern Village.

29. Wetlands Location: That the applicant submit Final Plans which show the location of State or federally regulated wetlands on the site or in off-site locations associated with required infrastructure and roadway improvements. That any proposed disturbance of wetlands shall demonstrate compliance with applicable State and federal regulations.

30. Impervious Surface Limits: That the site shall comply with Section 3.8 of the Land Use Management Ordinance.

31. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager. The plan shall be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate and the post-development stormwater runoff volume shall not exceed the pre-development volume for the local 2-year frequency, 24-hour duration storm event. Engineered stormwater facilities shall also remove 85% of total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.

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

33. Off-Site Storm Drainage/Construction Easements: That the Town Manager approve all off-site construction and stormwater easements and recorded copies of the easements be submitted prior to the issuance of a Zoning Compliance Permit.

34. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities.

35. 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.

36. Erosion Control: 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 North Carolina Department of Environmental and Natural Resources. That the plan is reviewed by the Orange County Erosion Control Officer and that a copy of comments associated with the review be provided to the Town Manager prior to the issuance of a Zoning Compliance Permit.

37. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

38. Lighting Plan Certification: That the final plan application comply with the lighting standards in the Land Use Management Ordinance.

Stipulations Related to Utility and Service Issues

39. Off-Site Utility Improvements: That the applicant shall construct the following utility improvements:

· Water Line: 12-inch water line and five fire hydrants between Southern Village and Merritt Drive, within the US 15-501 South and Dogwood Acres Drive right-of-way.

· Sewer Line: 8-inch public sewer main, between Southern Village and the proposed 6-inch private lateral.

40. Sewer Easement: That prior to the issuance of a Zoning Compliance Permit, the applicant shall dedicate a public sewer easement for the 8-inch public sewer main and a 30-foot sewer easement for a future public sewer line extension to the Dogwood Acres neighborhood.

41. Off-Site Utility Construction: That approval of this Special Use Permit shall authorize the installation of off-site utilities.

42. Off-Site Utility Easement: That all required off-site utility easements, authorizing the installation of the required sewer and water line improvements shall be provided and approved by the Town Manager and OWASA and recorded at the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.

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

44. 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.

45. Utility/Lighting Plan Approval: That the final Utility/Lighting Plan be approved by Progress Energy, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.

46. Utility Line Placement: That prior to the issuance of a Zoning Compliance Permit, all new utility lines, including the existing utility line within the Progress Energy easement south of Dogwood Acres Drive, shall be placed underground. Where practical, installation of underground utilities shall be located outside tree protection areas as shown on the submitted site plans. The proposed underground line routing, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

47. Fire Flow: That a fire flow report shall be prepared and sealed by a registered professional engineer, which certifies 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.

48. Fire Apparatus Turning Radii: Prior to the issuance of a Zoning Compliance Permit, the Town Manager shall approve all parking lot turning radii to ensure that fire apparatus can maneuver within the parking lots.

Stipulations Related to Miscellaneous Issues

49. 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.

50. 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 approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

51. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited unless it is demonstrated to the Town Manager or his designee that no reasonable alternative means are available for removal of the materials from the subject property. The Fire Marshall may establish safety standards, which must be met in order to receive a permit.

52. 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 shall 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.

53. As-Built Plans: That prior to issuance of a Certificate of Occupancy, as-built plans in DXF binary format using State plane coordinates, shall be provided for improvements and all other existing or proposed impervious surfaces.

54. 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.

55. Construction Sign: That the applicant shall post a construction sign that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Building Permit, prior to the commencement of any land disturbing activities. The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.

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

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

BE IT RESOLVED that the Council hereby approves the application for the Special Use Permit application for the Town of Chapel Hill, Southern Community Park in accordance with the plans and conditions listed above.

This the 9^th day of May, 2005.

RESOLUTION B

(Transportation Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE TOWN OF CHAPEL HILL, SOUTHERN COMMUNITY PARK (2005-05-09/R-15b)

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

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

Is a use or development that 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

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.

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. Dogwood Acres Drive Traffic Signal: If a phased implementation of the park is pursued, which would eliminate the northern parking and access driveway, the applicant shall set aside an appropriate amount of money to install a traffic signal at US 15-501 and Dogwood Acres Drive, at such time as it meets signal warrants.

BE IT FURTHER RESOLVED that the Council hereby approves the application for the Special Use Permit application for the Town of Chapel Hill, Southern Community Park in accordance with the plans and conditions listed above.

This the 9^th day of May, 2005.

RESOLUTION C

(Greenways Commission Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE TOWN OF CHAPEL HILL, SOUTHERN COMMUNITY PARK (2005-05-09/R-15c)

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. Is a use or development that 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. 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.

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. Parking Lot Shading: That if deemed practical by the Town Manager, the final plans for the parking areas should allow a possible conversion of the park’s standard parking lots to “parking groves”. In order to achieve greater shading of parking lots, the Town Manage may approve a reduction in the number of parking spaces.

This the 9^th day of May, 2005.

RESOLUTION D

(Denying the Special Use Permit)

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE TOWN OF CHAPEL HILL, SOUTHERN COMMUNITY PARK (2005-05-09/R-15d)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by the Town of Chapel Hill on property identified as Chapel Hill Township Tax Maps 7.126.A.4J and 128.A.2E, 31, 31A (PIN 9777937966, 9777911333, 977937092 and 977926176), if developed according to the site plans dated April 18, 2005, the Southern Community Park Phase 1 Revision (temporary greenway plan) dated January 18, 2005 and the 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 the Land Use Management Ordinance;

3. Is not a use or development that 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 not a public necessity; and

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

BE IT FURTHER RESOLVED that the Town Council hereby denies the application for a Special Use Permit for the Southern Community Park in accordance with the plans listed above and the reasons listed below:

(INSERT ADDITIONAL REASONS FOR DENIAL)

This the 9th day of May, 2005.