TO: Mayor and Town Council
From: W. Calvin Horton, Town Manager
Subject: Southern Orange County Senior Center - Application for Special Use Permit Modification (File Nos. 7.24..42)
DATE: June 27, 2005
INTRODUCTION
Tonight the Council continues the Public Hearing from June 20, 2005, regarding a Special Use Permit Modification by Orange County to allow the construction of the 25,000 square foot Senior Center building and 103 parking spaces to be constructed at the location of the Southern Human Services Campus at 2501 Homestead Road. The 34.5-acre site is located on the south side of Homestead Road between Martin Luther King Jr. Boulevard and the Southern Railroad tracks. The site is located in the Residential-5-Conditional (R-5-C) zoning district and the Resource Conservation District and is identified as Orange County, Chapel Hill Township, Tax Map 24, Lot 42 (PIN No. 9880008527).
MANAGER’S RECOMMENDATION
Based on the information in the record to date, we believe that the Council could make the findings required to approve the Special Use Permit Modification application. We recommend that the Council adopt Resolution A, approving the application.
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This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
¨ Cover Memorandum: Provides background on the development proposal, discusses key issues raised at the June 20, 2005 Public Hearing, presents evidence in the record thus far in support of and in opposition to approval of the application, and offers recommendations for Council action and includes resolutions of approval and denial.
¨ Attachments: Includes a copy of a June 21, 2005 applicant letter and the June 20, 2005 Public Hearing memorandum.
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BACKGROUND
Concept Plan reviews of this application were conducted by the Community Design Commission on October 28, 2004, and by the Town Council on November 15, 2004.
KEY ISSUES
We have identified three key issues raised at the June 20 Public Hearing associated with this development, discussed below.
Homestead Road Crosswalk: On June 20, we recommended that the applicant construct crosswalk improvements on Homestead Road at the Homestead Park entrance prior to the issuance of a Certificate of Occupancy for the Senior Center. Questions were raised about offering increased flexibility for completion of the work given the uncertainty of obtaining approval from the North Carolina Department of Transportation.
In addition, we believe that the applicant is concerned with the cost associated with the crosswalk improvements. We understand that the applicant is willing to provide a payment-in-lieu for the stipulated crosswalk improvements.
Comment: We recommend the construction of the crosswalk improvements on Homestead Road. The recommended improvements will link the existing sidewalk network between the proposed Senior Center and Homestead Park, location of the future aquatics center and the future Rail Trail greenway. We believe that in addition to serving the proposed Senior Center, the crosswalk improvements will also provide pedestrian access for the larger Human Services Campus and the adjacent Brookstone Apartments.
We recommend the construction of the crosswalk improvements rather than a payment-in-lieu. In response to concerns raised at the June 20 Public Hearing, we have modified the proposed stipulation to provide flexibility regarding approval from the North Carolina Department of Transportation. The revised stipulation requires the construction of the Homestead Road crosswalk improvements if approval is received from the Town Manager and the North Carolina Department of Transportation. The stipulation does not link the construction of the crosswalk to the Certificate of Occupancy or any other specific action. Revised Resolution A includes this adjusted stipulation. If the Town Manager and the State approve the crosswalk, it would be constructed at that time.
Stormwater Pond and Tree Save Areas: At the June 20 Public Hearing, a Council member questioned the necessity of the location of the stormwater pond (#1 on the west side of the driveway) and the proposed number of trees shown to be removed with the pond construction.
Comment: We have attached a letter from the applicant (Attachment 1) which addresses this issue. Based on the preliminary information submitted by the applicant, we believe that the proposed stormwater management facility will comply with the Land Use Management Ordinance stormwater standards for rate, quality, and volume.
Removal of Homestead Road service driveway: At the June 20 Public Hearing, a Council member asked why a proposed service driveway for the Senior Center had been removed.
Comment: When the Special Use Permit Modification application was first presented to Council during Concept Plan review, a service driveway off Homestead Road was identified on the eastern portion of the site. During the subsequent staff review it was determined that the proposed service drive posed sight distance problems that could create an unsafe intersection. Additionally, the Traffic Impact Analysis was conducted without consideration of a second driveway and if the driveway was to be retained the Traffic Impact Analysis would need to be reanalyzed. The applicant has removed the service driveway from the application.
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EVALUATION OF THE APPLICATION
The standard for review and approval of a Special Use Permit Modification application involves consideration of four findings of fact that the Council must consider for granting a Special Use Permit Modification. Based on the evidence that is accumulated during the Public Hearing, the Council will consider whether it can make each of the four required findings for the approval of a Special Use Permit Modification. 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 Modification shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.
Tonight, based on the evidence in the record thus far, we provide the following evaluation of this application based on the four findings of facts that the Council must consider for granting a Special Use Permit Modification.
Finding #1: That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare. |
We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of this finding for the application has been provided by the applicant’s Statement of Justification (part of Attachment 2).
We note the following points from the applicant’s Statement of Justification:
Evidence in opposition: We have not identified any evidence offered in opposition to Finding #1.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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Finding #2: That the use or development complies with all required regulations and standards of the Land Use Management Ordinance, 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 supportof Finding #2 for this application has been provided by the applicant’s Statement of Justification (part of Attachment 2).
We note the following points from the applicant’s Statement of Justification:
Evidence in opposition: We have not identified any evidence offered in opposition to Finding #2.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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Finding #3: That the use would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity. |
We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in supportof Finding #3 for this application has been provided by the applicant’s Statement of Justification (part of Attachment 2).
We note the following points from the applicant’s Statement of Justification:
Evidence in opposition: We have not identified any evidence offered in opposition to Finding #3.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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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 the Land Use Management Ordinance and in the Comprehensive Plan. |
We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in supportof Finding #4 for this application has been provided by the applicant’s Statement of Justification (part of Attachment 2).
We note the following key points from the applicant’s Statement of Justification:
Evidence in opposition: We have not identified any evidence offered in opposition to Finding #4.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
SUMMARY
We have attached a resolution that includes standard conditions of approval as well as special conditions that we recommend for this application. With these conditions, we believe that the Council could make the findings regarding health, safety and general welfare, and consistency with the Comprehensive Plan. The Manager’s recommendation incorporates input from all Town departments involved in review of the application.
RECOMMENDATIONS
Recommendations are summarized below. Please see summaries of board actions and recommendations in the attachments.
Planning Board Recommendation: On June 7, 2005, the Planning Board voted 8-0 to recommend that the Council approve this application with the adoption of Resolution A. Please see the attached Summary of Planning Board Action (part of Attachment 2).
Transportation Board Recommendation: On June 7, 2005, the Transportation Board voted 9-0 to recommend that the Council approve this application with adoption of Resolution B with conditions. Please see the attached Summary of Transportation Board Action (part of Attachment 2).
The Transportation Board recommended deletion of the stipulation requiring a crosswalk at the Homestead Park entrance.
Comment: Please refer to the discussion under Key Issues.
The Transportation Board recommended revising Stipulation 10 (bicycle parking) with insertion of text below:
Bicycle Parking: That a minimum of seven bicycle parking spaces be provided at the plaza at the northern entrance of the facility with one Class I bicycle space and six Class II parking spaces, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
Comment: We have included the revised stipulation in Resolution A.
The Transportation Board recommended adding the following stipulation in Resolution B:
· A stipulation that requires the applicant to construct a missing sidewalk section, east of the site along Homestead Road.
Comment: This recommended improvement is not located along the applicant’s Homestead Road frontage. We do not believe that it is reasonable for this applicant to construct this off-site improvement. We have not included this stipulation in Resolution A.
The Transportation Board recommended:
· That the Council form a committee made up of property owners along Homestead Road, between Martin Luther King Jr. Boulevard and High School Road to review the issue of transit service along the Homestead Road corridor.
Comment: We believe that if the Board feels that additional study is warranted, that the Board undertake this task. We have not included a resolution for the Council to form a committee to study transit issues along the Homestead Road corridor. For additional discussion please refer to the Staff Report Update (part of Attachment 2).
Community Design Commission Recommendation: The Community Design Commission is scheduled to review this application on June 22, 2005. We will provide a copy of the Summary of Community Design Commission Action to the Council when it is available.
Bicycle and Pedestrian Advisory Board Recommendation: On May 24, 2005, the Bicycle and Pedestrian Advisory Board voted 5-1 to recommend that the Council approve this application with the adoption of Resolution A. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action (part of Attachment 2).
The Bicycle and Pedestrian Advisory Board recommended deletion of the following two stipulations related to the Weaver Dairy Road/Homestead Road intersection:
· Westbound Homestead Road Right Turn Lane: That the applicant provide an exclusive right turn lane on the westbound approach of Homestead Road with full-width storage of 100 feet and a 100 foot taper. The final plans for the construction shall be approved by NCDOT and the Town Manager prior to issuance of a Zoning Compliance Permit.
· Eastbound Homestead Road Left Turn Lane: It will be necessary for the applicant to provide an exclusive left turn lane on the eastbound approach of Homestead Road with full-width storage of approximately 200 feet and a 100 foot taper. The final plans for the construction shall be approved by NCDOT and the Town Manager prior to issuance of a Zoning Compliance Permit.
Comment: We concur with this recommendation. These two mitigation measures were discussed in the Traffic Impact Analysis as improvements to Homestead Road that were needed whether the proposed development was constructed or not. We do not believe that the need for improvement at the intersection is related to this proposed development. Resolution A does not require improvement to the Weaver Dairy Road/Homestead Road intersection. For additional discussion please refer to the Staff Report Update (part of Attachment 2).
Parks and Recreation Commission Recommendation: On June 13, 2005, the Parks and Recreation Commission voted 8-0 to recommend that the Council adopt Resolution A. Please see the attached Summary of Parks and Recreation Commission Action.
Manager’s Recommendation: We recommend that the Council adopt Resolution A, approving the application with conditions.
Resolution B would approve the application as recommended by the Transportation Board.
Resolution C would deny the application.
Southern Orange County Senior Center - Special Use Permit Modification
Differences Among Resolutions
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ISSUES |
Resolution A (Approval)
Town Manager’s Revised Recommendation, Bicycle and Pedestrian Advisory Board Recomm., Planning Board Recomm., Parks and Recreation Commission Recomm. |
Resolution B (Approval)
Transportation Board Recommendation |
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No Requirement for Weaver Dairy Road/ Homestead Road Turning Lanes |
Yes |
Yes |
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Require Right Turn Lane on Homestead Rd. |
Yes
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Yes |
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Require Homestead Rd. Crosswalk, if NCDOT approves |
Yes |
No
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Construct Missing Homestead Rd. Sidewalk East of Site |
No * |
Yes |
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Bicycle Parking Moved to Plaza at N. Entrance |
Yes |
Yes |
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Council Committee of Homestead Rd. Property Owners to Study Transit Issues on Homestead Rd. |
No |
Yes |
*Issue not raised at Advisory Board meeting.
ATTACHMENTS
1. June 21, 2005 Letter from Coulter Jewell Thames, P.A. (p. 21).
2. June 20, 2005 Public Hearing Memorandum and related attachments (begin new page 1).
RESOLUTION A
(Manager’s Revised Recommendation)
Bicycle and Pedestrian Advisory Board Recommendation,
Planning Board Recommendation,
Parks and Recreation Commission)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE SOUTHERN ORANGE COUNTY SENIOR CENTER (2005-06-27/R-22a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Nathan Harms of Gurlitz Architectural Group, PA for the Southern Orange County Senior Center on property identified as Orange County Tax Map 24, Lots 42 (PIN no. 9880-00-8527) if developed according to the site plans dated December 14, 2004, revised April 12, 2005, and the conditions listed below:
1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would comply with all required regulations and standards of the Land Use Management Ordinance;
3. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Would conform with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for the Southern Orange County Senior Center in accordance with the plans listed above and with the conditions listed below:
Special Terms and Conditions
Conditioned on the following additional stipulations to be applied to the terms of the July 5, 1994 Special Use Permit, recorded in db.1283, page 256 at the office of the Register of Deeds, and the November 13, 1995 Special Use Permit Modification, recorded in db. 1437, page 33 of the Office of the Register of Deeds:
Stipulations Specific to the Development
1. That construction begin by June 27, 2007 (two years from approval date) and be completed by June 27, 2008 (three years from approval date).
2. Land Use Intensity: This Special Use Permit Modification authorizes a public use facility and land use intensity requirements and dimensional standards as specified below:
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Land Use Intensity |
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Net Land Area |
1,327,713 s.f. |
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Total # of Buildings |
1 |
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Maximum Floor Area |
25,000 s.f. |
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Maximum Impervious Surface Area |
82,542 s.f. |
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Maximum # of Vehicular Parking Spaces |
103 |
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Minimum # of Bicycle Parking Spaces |
7 |
3. Homestead Road Curb and Gutter: That the applicant provide curb and gutter to Town Standard along the Homestead Road frontage of the site to tie into existing curb and gutter on the east side of the frontage. The final plans for the construction shall be approved by NCDOT and the Town Manager prior to issuance of a Zoning Compliance Permit.
4. Homestead Road Sidewalk: That the applicant provide a 5-foot concrete sidewalk along the entire Homestead Road frontage to Town Standard. The final plans for the construction shall be approved by NCDOT and the Town Manager prior to issuance of a Zoning Compliance Permit.
5. Homestead Road Crosswalk: That the applicant construct an off-site high visibility crosswalk across Homestead Road at the driveway to Homestead Park to include: advanced warning pedestrian signs, an overhead flashing signal, and a pedestrian refuge, if final plans for construction are approved by the North Carolina Department of Transportation and the Town Manager.
6. Homestead Road and Martin Luther King Jr. Boulevard Intersection Traffic Signal Modifications: That the developer provide a payment-in-lieu of $2,000 to the Town of Chapel Hill for traffic signal improvements requiring modifications to the existing traffic signal design at the Homestead Road and Martin Luther King Jr. Boulevard intersection prior to issuance of a Zoning Compliance Permit. These signal timing adjustments may also include the PM peak hour signal system plans.
7. Homestead Road Turn Lane: That the applicant provide a right turn lane on Homestead Road a the existing site entrance to provide for right turns into the site. The final plans for the construction shall be approved by NCDOT and the Town Manager prior to issuance of a Zoning Compliance Permit.
8. Removed
9. Parking Lot Standards: That all parking lots, drive aisles and parking spaces shall be constructed to Town standards.
10.Bicycle Parking: That a minimum of seven bicycle parking spaces be provided at the plaza at the northern entrance of the facility with one Class I bicycle space and six Class II parking spaces, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
11.Transportation Management Plan: That a Transportation Management Plan shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. The required components of the Transportation Management Plan shall include:
a. Provision for designation of a Transportation Coordinator;
b. Provisions for an annual Transportation Survey and Annual Report to the Town Manager;
c. Quantifiable traffic reduction goals and objectives;
d. Ridesharing incentives;
e. Public transit incentives;
f. Provision of a maximum of 7 on-site bicycle parking spaces;
g. Encouragement of alternative modes of transportation;
h. Provision of a shower in this building; and
i. Other measures subject to approval by the Town Manager.
Stipulations Related to Landscaping and Architectural Issues
12. 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:
Required Landscape Buffers
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Location |
Required Buffers |
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Southern Property Line (adjacent to R-2) |
20 ft. Type ‘C’ |
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Eastern Property Line (Adjacent to R-2) |
20’Type ‘B’ Internal Buffer |
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Northern Property Line (Homestead Road) |
30’Type ‘D’ External Buffer |
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Western Property Line (Adjacent to R-2) |
20’ Type ‘B’ Internal Buffer |
13. Parking Lot Shading Plan: That prior to issuance of a Zoning Compliance Permit, a Shading Plan must be submitted and approved by the Town Manager, demonstrating compliance with Town regulations.
14. Adjustment of Eastern Parking Area: That the parking lot plans shall be evaluated and adjusted to retain specimen trees located in the proposed eastern parking area, subject to the Town Manager approval prior to the issuance of a Zoning Compliance Permit.
21. 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.
22. Lighting Plan: That the Community Design Commission approve a lighting plan for this project prior to issuance of a Zoning Compliance Permit. The Community Design Commission shall take additional care during review to ensure that the proposed lighting plan will minimize 1) upward light pollution and 2) offsite spillage of light.
Stipulations Related to Environmental Issues
23. Resource Conservation District: That no land disturbance associated with the construction of the building may occur in the Resource Conservation District. That the Resource Conservation District boundaries be shown on the Final Plat and the Final Plans.
24. 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 include low-impact stormwater management solutions and best management practices, such as bio-retention, pervious pavements, underground storage, infiltration trenches, vegetative swales and similar techniques.
The plan shall be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate and the post-development stormwater runoff volume shall not exceed the pre-development volume for the local 2-year frequency, 24-hour duration storm event. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.
25. Storm Drainageway Easement: That all stormwater management improvements, outside public right-of-way, shall be located inside reserved storm drainageway easements, per Town guidelines, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
26. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
27. Westernmost Stormwater Pond Outside the Duke Power Company Easement: That Duke Power Company provide confirmation that the location of grading associated with the stormwater pond labeled as #1 shown on sheet SUP 3 is authorized in the easement, prior to issuance of a Zoning Compliance Permit.
28. State or Federal Approvals: That any required State or Federal permits or encroachment agreements must be approved by the appropriate agencies and copies of the approved permits be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.
29. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for monitoring and maintenance of facilities and modifications of the plan if necessary, be approved by the State of North Carolina and that a copy of the approval be provided to the Town Manager prior to issuance of a Zoning Compliance Permit. That a performance guarantee shall be provided, if more than one acre of land is disturbed, in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.
30. Silt Control: That the applicant 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
31. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, and for managing and minimizing construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
32. Service Access Redesign: That the refuse and recycling facilities be provided in an area determined to be accessible by the Town Manager. The revised plans shall be approved by the town Manager and may include the provision of vertical curve information for the service drive serving the refuse area to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
33. Solid Waste Details: That final plans include dimensioned details as well as appropriate signage and lighting for the refuse area, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. Details must include:
· pad length, width, and depth;
· associated screening;
· clearances;
· protective bollards (Bollards must be 6” CID steel, with two bollards centered behind each bulk waste container and placed 1’ off the back wall of the enclosure);
· fence height must be 7’ or at least 1’ above the height of the containers
· dumpster details should be provided to scale;
· clarify how personnel will access the dumpsters and recycling containers for refuse disposal; and
· label each bulk waste container for type of material to be collected.
34. Dumpster Area Gates: The following notes shall be placed on the plans if gates are used for the dumpster area:
1. Any gate design will include gate retainers.
2. The user will be responsible for opening gates to the dumpster area on collection days of any material(s) to be collected from this location.
35. Heavy Duty Pavement: That the applicant shall provide heavy-duty pavement in the required emergency and service vehicle access easement, and the pathway to refuse container(s), subject to Town Manager approval.
36. Pavement Damage: That final plans include the following note, prior to issuance of a Zoning Compliance Permit, “The Town of Chapel Hill, its’ assigns or the County shall not be responsible for any pavement damage that may result from service vehicles.”
37. Final Plan Notes: It will be necessary to place the following notes on the Final Plans:
· By Orange County Ordinance, clean wood waste, scrap metal and corrugated cardboard, all present in construction waste, must be recycled.
· By Orange County Ordinance, all haulers of construction waste must be properly licensed.
· Prior to any demolition or construction activity on the site the applicant will hold a pre-demolition/pre-construction conference with the County’s Solid Waste staff. This may be the same meeting held with other development officials.
38. 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.
39. 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.
40. Utility Line Placement: That all new utility lines shall be placed underground. The applicant shall indicate proposed off-site utility line routing and upgrades required to service the site on Final Plans, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
41. Sewer Line Profiles: That all necessary sewer line profiles be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
42. Fire Apparatus Turning Radii: That all turning radii proposed for fire apparatus be approved by the Town Manger prior to issuance of a Zoning Compliance Permit.
43. Fire Flow: That a fire flow report for all new construction, shall be prepared and sealed by a registered professional engineer, which demonstrates that flows meet the minimum requirements of the Town Design Manual, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
44. Additional Fire Hydrant: If sufficient water pressure is not available with the existing fire hydrant as determined by a Fire Flow Report, installation of an additional fire hydrant may be necessary. Fire hydrant locations must be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
45. 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.
46. 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.
47. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.
48. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Land Use Management Ordinance and the Design Manual.
49. As-Built Plans: That as-built plans in DXF binary format using State plane coordinates, shall be provided for street improvements and all other existing or proposed impervious surfaces prior to issuance of the first Certificate of Occupancy.
50. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.
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.
51. Construction Sign: That the applicant shall post a construction sign that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Building Permit, prior to the commencement of any land disturbing activities. The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.
52. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
53. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit Modification application for the Southern Orange County Senior Center in accordance with the plans and conditions listed above.
This is the 27th day of June, 2005.
RESOLUTION B
(Transportation Board Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE SOUTHERN ORANGE COUNTY SENIOR CENTER (2005-06-27/R-22b)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Nathan Harms of Gurlitz Architectural Group, PA for the Southern Orange County Senior Center on property identified as Orange County Tax Map 24, Lots 42 (PIN no. 9880-00-8527) if developed according to the site plans dated December 14, 2004, revised April 12, 2005, and the conditions listed below:
1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would comply with all required regulations and standards of the Land Use Management Ordinance;
3. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Would conform with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for the Southern Orange County Senior Center in accordance with the plans listed above and with the conditions listed below:
1. Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development unless modified or superseded by those stipulations below.
2. Revised Stipulations: That the following stipulations shall be revised:
Deleted Stipulations:
7. Westbound Homestead Road Right Turn Lane: That the applicant provide an exclusive right turn lane on the westbound approach of Homestead Road with full-width storage of 100 feet and a 100 foot taper. The final plans for the construction shall be approved by NCDOT and the Town Manager prior to issuance of a Zoning Compliance Permit.
8. Eastbound Homestead Road Left Turn Lane: It will be necessary for the applicant to provide an exclusive left turn lane on the eastbound approach of Homestead Road with full-width storage of approximately 200 feet and a 100 foot taper. The final plans for the construction shall be approved by NCDOT and the Town Manager prior to issuance of a Zoning Compliance Permit.
New Stipulation:
7. Homestead Road Turn Lane: That the applicant provide a right turn lane on Homestead Road at the existing site entrance to provide for right turns into the site. The final plans for the construction shall be approved by NCDOT and the Town Manager prior to issuance of a Zoning Compliance Permit.
BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit Modification application for the Southern Orange County Senior Center in accordance with the plans and conditions listed above.
This is the 27th day of June 2005.
RESOLUTION C
(Denying the Application)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE SOUTHER ORANGE COUNTY SENIOR CENTER (2005-06-27/R-22c)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Nathan Harms of Gurlitz Architectural Group, PA for the Southern Orange County Senior Center on property identified as Orange County Tax Map 24, Lots 42 (PIN no. 9880-00-8527) if developed according to the site plans dated December 14, 2004, revised April 12, 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 Land Use Management Ordinance;
3. Would not be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Would not conform with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby denies the application for a Special Use Permit Modification for Southern Orange County Senior Center 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 Council hereby denies the application for the Southern Orange County Senior Center as proposed by Nathan Harms of Gurlitz Architectural Group, PA.
This is the 27th day of June, 2005.