9-5 | 5. October 3, 2001 Development Plan stipulations

TOWN OF CHAPEL HILL

306 NORTH COLUMBIA STREET

CHAPEL HILL, NC 27516-2124

(919) 968-2728

ORANGE COUNTY NORTH CAROLINA

Development Plan

KNOW ALL MEN BY THESE PRESENTS, that the undersigned property owner(s), The University of North Carolina at Chapel Hill having applied to the Town of Chapel Hill for approval of a Development Plan for the use and development of all or a portion of the property hereinafter described, the same was issued by the Town of Chapel Hill on October 3, 2001, the terms of which are as follows:

NAME OF PROJECT: The University of North Carolina at Chapel Hill

DESCRIPTION OF PREMISE

LOCATION: The University of North Carolina at Chapel Hill

TAX MAP REFERENCES:

TAX MAP BLOCK LOT NUMBERS (TMBL) and PARCEL IDENTIFICATION NUMBERS (PIN)
TMBL	PIN	TMBL	PIN	TMBL	PIN
7.71.B.1	9788521171	7.74.H.1	9788577703	7.86.D.12	9788378300
7.72A.4	9788610844	7.74.H.2	9788587020	7.86.D.13	9788378249
7.73..1	9788545304 (portion)	7.74.H.3	9788586172	7.86.D.14	9788378370
7.73..6	9788717979	7.86.D.8	9788377256	7.86.G.1	9788357985
7.73..6A	9788628174	7.86.D.9	9788378103	7.86.G.2	9788359888
7.73..7	9788335385	7.86.D.9A	9788377175	7.87.C.1	9788348802
7.73..8	9788421839	7.86.D.9B	9788377132	7.87.C.2	9788348922
7.73..9	9788423656	7.86.D.9C	9788377076	7.87.C.3	9788358034
7.73..10	9788821430	7.86.D.10	9788378027	7.87.C.4	9788358153
7.73..11	9788824500	7.86.D.11	9788368706	7.87.C.5	9788358360

SPECIAL TERMS AND CONDITIONS

Development according to the Development Plan dated July 3, 2001, modified as indicated in an Addendum dated August 7, 2001, and a second Addendum dated September 10, 2001, consistent with materials included in the July 3, 2001, August 7, 2001, and September 10, 2001 documents, on file at the Chapel Hill Planning Department, and according to the special terms and conditions set forth below.

General Stipulations

1. Level of Development: This Development Plan approval represents preliminary authorization for demolition and construction of facilities as shown on Addendum Map 2, and Addendum Maps 11 through 17, from the “Addendum #1” dated August 7, 2001. Additional information is included in the July 3, 2001 “Development Plan” and the August 7, 2001 “Addendum #1” that describes detail about facilities proposed on these maps, and which is hereby incorporated into this approval, except as noted below. In any case involving conflicting information, the controlling component of this Development Plan shall be the Map called “Addendum Map 2.” The controlling maps for Perimeter Transition Areas shall be Addendum Maps 11-17. The Development Plan proposes new floor area of 4,016,227 square feet, and a net increase of 1,550 parking spaces. (Note: In the Development Plan application, the proposed new floor area is 5,901,277 square feet. However, 1,885,000 square feet of that amount is proposed as parking deck, which does not count as floor area under the Chapel Hill Development Ordinance, and is therefore excluded here, resulting in the proposed amount of new floor area being 4,016,227 square feet.)

2. Site Development Permit Required: No construction activity related to any facilities proposed in this approved Development Plan may commence until the Town Manager has issued a Site Development Permit authorizing construction.

3. Consistency of Site Development Permit Application with Development Plan: No application for a Site Development Permit for areas within the boundary of this Development Plan, as shown on the attached Addendum Map 2, shall be approved unless such application is consistent with the Council-approved Development Plan. Consistent does not mean identical; building footprints and landscaped areas shown on the Council approved Development Plan, except as otherwise noted below for certain Perimeter Transition Areas, shall be considered to indicate approximate size and location.

4. Interpretation of Map 7: Addendum Map 7 shall be considered to indicate, approximately, areas of pervious and impervious surface that will exist within the area covered by this Development Plan after full development has been completed. Except for incidental paving for walkways and fire lanes, areas shown as “Wooded Areas” and “Pervious Surfaces” will be expected to be pervious surface after full development, either with existing vegetation left undisturbed or with new vegetation planted and maintained, unless further specified by stipulations below.

5. Approvals Required for Street Improvements: All public street improvements within the area covered by this Development Plan and/or proposed as part of this Development Plan shall be approved by the Town Manager prior to commencement of construction. Any structure (including masonry walls, fences, light fixtures, steps, and pavement) or other appurtenant fixtures proposed within one of Chapel Hill’s local Historic Districts must receive a Certificate of Appropriateness prior to construction of the improvement. All new streets created pursuant to this Development Plan shall be owned and maintained by the University of North Carolina at Chapel Hill, or the NC Department of Transportation.

6. Utility Lines: All utility, service, and communication lines, other than 3-phase electric power distribution lines, shall be underground with the exception of (1) utility, service, and communication lines that are directly attached to specific structures such as roadway and pedestrian bridges; and (2) above-ground steam/chilled water lines for which the Town Manager has approved a plan that specifically shows enclosure structures and accompanying landscaping designed to provide screening and buffering.

7. No Utility Line Through Jones Park: This approval of a Development Plan does not acknowledge nor authorize development of a Utility Corridor through Chapel Hill’s Jones Park, shown on Addendum Map 8 as a line extending to the southeast outside the boundaries of the Development Plan.

8. Telecommunications Antennas Permitted: Accessory antennas, defined as facilities customarily incidental to a building for the above-ground transmission and/or reception of airborne signals, are hereby authorized for installation on buildings/structures within the boundary of this Development Plan provided that (a) Any existing accessory antenna may remain and/or be replaced in a form generally consistent with the existing form; (b) No portion of any new accessory Telecommunications Antenna or associated facilities shall be located on any building within Perimeter Transition Areas in a manner that is visible from any ground-level vantage point outside the boundaries of the Development Plan; (c) No portion of any new accessory Telecommunications Antenna on a structure not in a Perimeter Transition Area may extend more than 25 feet above the roof of the building to which it is attached; and (d) No free-standing towers are allowed in the Perimeter zone.

9. Fire Protection Requirements: Hydrant spacing (distance from one hydrant to another) may not exceed 500 feet unless otherwise approved by the Town Manager. The maximum distance from a fire department connection to a fire hydrant may not exceed 50 feet, unless otherwise approved by the Town Manager. Fire Department connections must be located on the street side of each new building. Arrangements shall be made with all new buildings that activation of the sprinkler system shall activate both a local building alarm and a supervisory alarm at a twenty-four hour service. For all new construction, once the building is above the foundation level, an operable hydrant must be available within 500 feet unless otherwise approved by the Town Manager. There shall be fire lanes that are maintained and meet the N.C. Fire Code definition of a fire lane. Every building hereafter constructed shall be accessible to fire department apparatus by way of access roadways with all-weather driving surfaces of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus and having a minimum vertical clearance of 13 feet 6 inches. During construction, when combustibles are brought onto the site in such quantities as deemed hazardous by the fire official, access roads and a suitable supply of water acceptable to the Fire Department shall be provided and maintained. To ensure an adequate supply of water for fire protection a minimum of 2,500 gallons of water per minute at a minimum residual pressure of 20 psi shall be available at all fire hydrants necessary to meet the fire protection requirements for this development. This fire flow requirement shall be certified by an engineer licensed by the State of North Carolina.

10. Smith Center Special Use Permit: No Site Development Permit application may be submitted for a location within the area encumbered and constrained by the existing Special Use Permit for the Dean Smith Student Activity Center until the Special Use Permit for the Smith Center is either modified or abandoned in a way that permits this proposed construction.

11. Stormwater Management Standards:

Post-construction Stormwater Runoff Volume shall:

a) Based on the U.S. Department of Agriculture, Soil Conservation Service methodology for runoff depth, not exceed the pre-development (existing conditions) volume of runoff for the 2-year frequency, 24-hour duration storm event (or 96% of the rainfall that statistically would occur in a 100-year period based on the record data) at locations where stormwater exits the OI-4 Zoning District. This may be achieved by hydrologic abstraction, recycling and/or reuse, or any other accepted scientific method. All new development and re-development shall conform with these criteria; and

b) Be included in a stormwater improvement plan that the University is currently undertaking that is intended to implement projects that reduce the volume and rate of runoff from existing campus development. This plan will assure that no increase in volume will be generated from the University main campus following new development.

Post-Construction Stormwater Runoff Rate shall:

Be controlled such that the discharge rate of post-construction runoff, at all locations where stormwater runoff exits the land area in the Development Plan, shall not exceed the pre-development or existing conditions discharge rate for the local 2-year (3.60 inches), 10-year (5.38 inches), 25-year (6.41 inches), and 50-year (7.21 inches) frequency, 24 hour duration storm event.

Post-Construction Stormwater Runoff Treatment shall:

a) Be designed to remove 85% of Total Suspended Solids;

b) Occur on the volume of stormwater runoff resulting from the first 1 inch of precipitation;

c) Be such that either the post-development runoff volume draws down to the pre-storm design stage within 5 days but not less than 2 days; or, the post-development discharge rate shall be no larger than the pre-development discharge rate for the 1-year frequency, 24-hour duration storm event (3.00 inches); and

d) Occur prior to entering the Waters of the State.

Post-Construction Stormwater Runoff Control Measures shall:

Utilize best management practices, which shall be installed coincident with or prior to Site Development Permit activities. Each Site Development Permit application shall include and comply with the following stormwater management practices and criteria for land area in the Development Plan:

a) Design(s) for all structural best management practices associated with a Site Development Permit shall be sealed by a Professional Engineer, licensed in the State of North Carolina, with demonstrable expertise in stormwater management engineering practices.

b) At a minimum, any structural best management practice(s) for sedimentation and erosion control, post-construction stormwater treatment, and discharge rate control shall be designed, constructed and maintained in accordance with applicable federal and State design, construction and maintenance requirements.

c) Any structural or non-structural best management practice may be implemented to manage stormwater runoff in accordance with the post-construction runoff control criteria.

Stormwater Management Standards described above are subject to revision as necessary to conform with any applicable revision(s) to federal or State regulations where such revisions would establish a stricter standard.

Requirements for Ongoing Data Collection and Analysis

As called for in Stormwater and Traffic Management Guidelines, ongoing data collection and analysis shall be performed as described below:

12. Outfall Monitoring: Outfall monitoring shall occur periodically as described below and, following each monitoring period, copies of all data shall be submitted to the Town. The types of monitoring are to include stream gauge or stream flow data collection, visual inspection, and/or benthic sampling depending on the location.

a) Meeting of the Waters outfall: A stream/rain gauge shall be installed and operated to collect and measure precipitation, stream flow, selected ambient water chemistry and stormwater data. Benthic sampling shall be conducted at a minimum every 6 months based on appropriate scientific methodologies. Visual inspections shall occur quarterly within the floodplain of the boundaries of the North Carolina Botanical Garden or south of Fordham Boulevard, to monitor and report physical conditions including channel stability, scour, sedimentation, or any other physical characteristics associated with stormwater runoff exiting the tract.

b) Morgan Creek outfall: Visual inspections shall occur quarterly at the outfall behind the south chiller. These inspections shall monitor and report physical conditions including channel stability, scour, sedimentation, or any other physical characteristics associated with stormwater runoff exiting the tract.

c) Battle Branch outfall: Visual inspections shall occur quarterly at a selected location where the stream becomes clearly defined below the confluence with its tributaries. The same visual monitoring methodology shall be used as described for the Morgan Creek outfall above.

d) Bolin Creek outfall(s): Visual inspections shall occur quarterly at appropriate inlet locations along the tract boundary and Franklin Street. The inspections shall monitor for sedimentation and/or debris buildup.

13. Updated and Biennial Transportation Impact Analyses: An Updated Transportation Impact Analysis and subsequent Biennial Transportation Impact Analyses shall be submitted in accordance with the Guidelines approved for the OI-4 Zoning District, as follows:

a) An Updated Transportation Impact Analysis shall be submitted in December 2001. Subsequent updates shall be submitted in December 2003 and biennially thereafter (referred to as Biennial Updates) until construction of the buildings included in the Main Campus Development Plan is substantially complete or until a new Development Plan is approved.

b) Collection of new data (as described under the Methodology section of the Transportation Impact Analysis Guidelines for development and redevelopment in the Office/Institutional-4 (OI-4) Zoning District, adopted by the Town Council on July 2, 2001) shall be undertaken for the December 2001 submission of the Updated Transportation Impact Analysis and subsequent Biennial Updates. This data shall be collected in September/October of the applicable year.

c) Consistent with application of the approved Guidelines, the Updated and Biennial Transportation Impact Analyses shall analyze additional intersections for existing, no-build, and build conditions Level of Service (LOS) if the intersections meet the requirements outlined in the Guidelines. Intersections to be considered for possible analysis include:

1. NC 54 and Friday Center

2. NC 54 and Office Drive/Hilltop Collector Road (proposed signal)

3. NC 54 and Burning Tree Drive

4. NC 54 and Hamilton Road

5. Fordham Boulevard and NC 54 Ramp

6. Fordham Boulevard and Estes Drive

7. Fordham Boulevard and Willow Drive

8. Fordham Boulevard and Elliott Road

9. Fordham Boulevard and Ephesus Church Road

10. Airport Road and Hillsboro Street

11. Airport Road and Estes Drive

The number of intersections requiring analysis may increase or decrease depending on whether the intersections meet the analysis criteria established in the Guidelines.

d) Traffic signal warrant analyses at the following locations, to include peak hour volume warrant and accident warrant, shall be submitted as part of the Updated and Biennial Transportation Impact Analyses:

1. Mason Farm Road and East Drive

2. Mason Farm Road and West Drive

3. Mason Farm Road and Oteys Road

4. Mason Farm Road and Purefoy Road

5. Manning Drive and Skipper Bowles Drive

Traffic signal warrant analyses must include projected traffic associated with the approved Development Plan. If either the Peak Hour Warrant or Accident Warrant is satisfied at a location, then the University shall conduct a full warrant analysis at that location. The University will be responsible for installing warranted traffic signal(s) within eighteen months after fulfillment of the associated warrant(s), subject to approval by the Town Manager and the NCDOT.

14. Transportation Management Plan: A Transportation Management Plan shall be prepared every three years. The first Transportation Management Plan shall be submitted to the Town Manager in December 2001. Subsequent updates shall be submitted in December 2004 and every three years thereafter until construction of the buildings included in the Development Plan is substantially complete or until a new Development Plan is approved.

The Transportation Management Plans will be reviewed by the Town Manager, who may suggest changes to existing and proposed programs or may suggest additional programs. The Plans may also be amended to reflect the development of alternative transportation programs.

Each Transportation Management Plan shall include:

a) Designation of a Transportation Coordinator for each department.

b) Quantifiable traffic reduction goals and objectives.

c) Provisions for disseminating transit and ridesharing information.

d) Descriptions of programs designed to encourage greater use of alternative modes of transportation and an assessment of the anticipated impact of these programs.

e) A mode split survey of employees of the University and UNC Hospitals and UNC students

15. Refuse: As stated in the Development Plan, refuse collection shall be by a means other than Town collection.

Required Improvements

Transportation conditions shall be measured, monitored, and analyzed on an ongoing basis, as articulated in the Transportation Impact Analysis Guidelines endorsed by the Chapel Hill Town Council on July 2, 2001, and as described above. Based on the best data available at this time, improvements and requirements related to transportation are specified below.

The Guidelines establish procedures, processes, and measures for identifying impacts and mitigation relevant to local transportation systems(s). As further information is obtained and analyzed, and as conditions change, it is possible that currently identified mitigation measures will need to be modified; that new and/or different measures will become necessary; and that previously identified measures will no longer be appropriate or necessary.

Upon review of additional information that will be gathered as outlined below, the University shall propose such adjustments as are necessary to mitigate adverse impacts, including additional or fewer or different improvements needed to mitigate the transportation impacts of growth authorized by this Development Plan. The Town Manager shall approve such adjustments if he determines that the adjustments are reasonably consistent with the Development Plan approved by the Council In the event that the Town Manager determines that the adjustments proposed by the University are not reasonably consistent with the Development Plan approved by the Council, no further Site Development Permits shall be approved until acceptable adjustments are proposed by the University and found by the Town Manager to be consistent with the Development Plan.

The following improvements shall accompany construction of facilities approved in this Development Plan:

16. Provision of Park/Ride Spaces: The University shall arrange for provision of 1,361 parking spaces in park/ride lots to accompany construction of new facilities as proposed in the Development Plan. No application for Site Development Permit may be submitted in a given fiscal year, unless it is demonstrated that the number of park/ride parking spaces shown as being available in the previous fiscal year, as shown on Table 7b in the August 7, 2001 Addendum, have been made available, or unless documentation is submitted to and approved by the Town Manager demonstrating that facilities proposed in a particular Site Development Permit application will not generate demand for park/ride spaces. Each Biennial Transportation Impact Analysis, beginning with the 2001 submission, shall provide information on the status of providing the park/ride spaces as outlined in Table 7b of the August 7, 2001 Addendum. This analysis shall also include information on park/ride spaces to be provided during the next two years, including the number and probable location of anticipated facilities. The total number of park/ride spaces to be provided as part of this Development Plan shall be evaluated based on an assessment of future employee and student growth and a review of mode split information gathered from the Transportation Management Plan survey of employees and students. In the event that the Biennial Updates and/or Transportation Management Plan Updates indicate that assumptions about travel behavior that contributed to the calculations in Table 7b prove to be inaccurate, the University shall propose corrective measures, to be approved by the Town Manager prior to approval of any subsequent Site Development Permits.

17. Traffic Signal System Improvements: The University shall be responsible for the following traffic signal system improvements:

a) Traffic signal timing plans shall be studied and revised as necessary at all intersections that are analyzed for LOS criteria (presently 36 intersections). Signal timing plan studies shall be submitted in December 2003 and biennially thereafter (referred to as Biennial Updates) until construction of the buildings included in the Main Campus Development Plan is substantially complete or until a new Development Plan is approved.

b) The following signalized intersections shall be upgraded by replacing the existing 8” signal heads with 12” signal heads:

1. Cameron Avenue and Pittsboro Street

2. Cameron Avenue and Columbia Street

3. South Columbia Street and Mason Farm Road

4. Pittsboro Street and McCauley Street

The upgrades must be approved by the Town Manager and North Carolina Department of Transportation (NCDOT), and construction must be completed prior to the end of calendar year 2005.

18. Road Improvements: The University shall be responsible for constructing and implementing the following roadway and intersection improvements or their equivalent prior to the end of the calendar year 2005, provided that the results of the 2001 traffic study demonstrate that these are desirable and that approval is obtained from the North Carolina Department of Transportation:

The following items a) through d) as proposed by the University:

a) Columbia Street and South Road

Ø Reconstruct the separate right-turn slip lane from South Columbia Street onto South Road to provide a tighter urban-type intersection

b) South Road and Country Club Road

Ø Widen the north side of Country Club Road to provide a double left-turn lane.

Ø Widen the south side Country Club Road to provide a separate right-turn lane.

c) South Columbia Street (Between Manning Drive and South Road)

Ø Narrow the street to three lanes (two 11-foot traffic lanes and one 14-foot bus/bicycle lane on the east side).

Ø Widen the eastern sidewalk by four feet to narrow the pavement to the required dimensions noted above.

Ø At the southern end of the street section, eliminate the excess pavement on the west side by extending the curb out to achieve a symmetrical section.

d) Ridge Road (At Rams Head Lot)

Ø Eliminate last parking space on the right side of the drive at Ridge Road.

Ø Eliminate last two parking spaces in the curve on the left (north) side of Ridge Road approach to the drive.

Ø Eliminate parking spaces between the gate to the hockey field and the drive on north side of Ridge Road.

Ø Move the sign 20 feet back from Ridge Road.

In addition:

e) Mason Farm Road

Ø Construct a sidewalk with curb and gutter on the north side of Mason Farm Road, from the Purefoy Road intersection to new Student Family Housing intersection closest to Fordham Boulevard, provided public right-of-way is available. This sidewalk section shall be installed prior to occupancy of the Family Housing units proposed as part of the “Student Family Housing-East” Perimeter Transition Area.

19. Traffic Calming Improvements: A proposed traffic-calming plan and implementation schedule for the Development Plan shall be prepared by the University for review and approval by the Town Manager and the North Carolina Department of Transportation prior to occupancy of the first Site Development Permit structure submitted under the Development Plan. Traffic Calming measures may include speed tables, round-abouts, rumble strips, median improvements, and other measures as appropriate for specific applications.

20. Pedestrian and Bicycle Safety Improvements:

a) Signalized Intersections: The following signalized intersections shall be upgraded with pedestrian “count down” heads and remarked crosswalks prior to the end of calendar year 2005:

1. Cameron Avenue and South Columbia Street

2. South Road and Raleigh Road

3. Manning Drive and Ridge Road

4. South Columbia Street and McCauley Street

b) Battle Branch Trail: The University shall improve and maintain a pedestrian trail through the University-owned portions of Battle Park, for use as a pedestrian corridor to access the campus.

21. Public Transportation System: The University shall provide in each Biennial Transportation Impact Analysis, beginning in 2001, estimates of increased public transit service anticipated for the next two years. The University is expected to provide all funding necessary to purchase capital equipment and provide operating funds for additional service primarily benefiting the University (for example, express park-and-ride service) and to provide its pro rata share of funding necessary to purchase capital equipment and provide operating funds for additional service benefiting all transit system partners. The Town of Chapel Hill shall prepare estimates, in consultation with the University, of anticipated capital and operating needs related to the Development Plan.

Information Requirements for Site Development Permit Applications

22. Site Development Permits-General Information: Each application for a Site Development Permit shall include the following information, in a format specified by the Town Manager:

a) A Site Plan showing building footprints, access drives, pedestrian circulation (with connections to existing pedestrian networks), parking areas, and clearing limits.

b) A Grading Plan.

c) A Utility Plan showing how all utilities will be provided to buildings, and approval from the applicable utility.

d) A statement of floor area to be constructed/demolished, and statement of number of parking spaces to be created/lost.

e) The number and location of bicycle storage facilities in the vicinity of each building.

f) A Construction Management Plan, consistent with the University’s “Construction Management Guidelines” contained in the August 7, 2001 Addendum, to be approved by the Town Manager prior to commencement of construction, indicating measures to be taken during construction in the following areas: Traffic Management Plan for movement of motorized and non-motorized vehicles on any public streets (maintained and operated by the Town or the NCDOT) that will be disrupted during construction, including detour information; Pedestrian Management Plan indicating how pedestrian movements on or adjacent to public rights-of-way will be safely maintained; a Construction Traffic Management Plan, indicating routes for construction-related traffic and including parking arrangements for construction workers.

g) Description of how emergency access to and around buildings will be provided both during and after completion of construction (note standards for access described previously).

h) Other information determined by the Town Manager to be reasonably necessary in order to evaluate consistency with this approved Development Plan.

23. Stormwater Management: Every application for a Site Development Permit shall include:

a) A signed and sealed letter from a Professional Engineer indicating the locations in the drainage area and the methodologies of how stormwater management measures associated with Site Development Permit application will meet or exceed the approved Stormwater Management Performance Standards, as approved by the Chapel Hill Town Council on July 2, 2001. Stormwater management and treatment practices shall comply with all applicable federal and State regulations, and revisions thereof.

b) A sub-basin map indicating locations within the sub-basin(s) of the stormwater runoff control measures associated with each development activity.

c) A table indicating stormwater runoff volume and discharge generated by and mitigated by each development activity, in accordance with the approved performance criteria.

d) Plans indicating grading, plantings, erosion control and stormwater runoff control best management practice(s) design and details, in accordance with the performance criteria.

24. Noise Ordinance: Every application for a Site Development Permit shall include a signed and sealed letter from a Professional Engineer, licensed in the State of North Carolina and with demonstrable expertise in acoustical design and attenuation practices, certifying that any increase in measurable noise above existing pre-Development Plan noise levels on property outside the OI-4 Zoning District will not exceed the levels allowed in the Town Noise Ordinance as established at the time each Site Development Permit application is approved by the Town. This noise restriction shall not apply to property outside of the OI-4 Zoning District that is in the same ownership as property within the OI-4 Zoning District.

25. Lighting Plan: Every application for a Site Development Permit shall include a lighting plan, sealed by a Professional Engineer licensed in the State of North Carolina and with demonstrable expertise in lighting design and mitigation strategies, that shows existing and proposed lighting fixture types and locations, and indicating by isolux contour diagram and grid points the measured and calculated pre-development and post-development foot-candles at grade on property where lighting impacts are expected.

The following standards apply to new lighting associated with an approved Development Plan.

a) All lighting, including that used in and around buildings, recreation areas, parking areas, walkways, roadways, and signs, shall be designed to minimize spillover light onto property outside of the OI-4 Zoning District.

b) All lighting shall be designed to prevent glare that could impair vision and/or otherwise deteriorate normally accepted qualities and uses of property outside of the OI-4 Zoning District.

c) Outdoor lighting, except sports and athletic field lighting, shall be mounted at heights no greater than fifteen (15) feet for non-cutoff lights; and no greater than thirty-five (35) feet for cutoff lights.

d) Lighting for sports and athletic fields must include glare control features and must be designed so that the primary illumination is directed onto the play area and immediate surroundings, and such that offsite illumination/glare is restricted.

e) Increases in illumination on property outside of the OI-4 Zoning District shall not result in lighting levels in excess of 0.3 foot-candles, measured at ground level.

f) No increase in measurable lighting levels shall occur on property outside of the OI-4 Zoning District where existing ambient lighting levels are in excess of 0.3 foot-candles.

g) These lighting restrictions shall not apply to property outside of the OI-4 Zoning District that is in the same ownership as property within the OI-4 Zoning District.

Requirements for Perimeter Transition Areas

26. Perimeter Transition Areas-General Information: All areas shown on Addendum Maps 11-17 shall be considered Perimeter Transition Areas. In addition to the information noted above that is required for all Site Development Permit applications, all applications for Site Development Permits in Perimeter Transition Areas, as shown on Addendum Maps 11-17, shall include the following information:

a) A description of any demolition to take place, along with description of proposed new buildings and parking areas.

b) A Construction Management Plan that will include, in addition to the information noted above, indication of construction staging areas.

c) A site plan showing what areas are to be left undisturbed by construction activity, and what areas will remain otherwise as vegetated open space.

d) All points of vehicular access to and around buildings.

e) The number and location of parking spaces in the vicinity of each building.

f) Building elevations, showing heights of all structures.

g) Landscaping Plan, including the view of each building from all adjacent streets.

h) Demonstration of compliance with statements included in Maps 11-17 of Addendum #1.

In addition, the following information shall be required for the following specific Perimeter Transition Areas:

27. Battle Lane Perimeter Transition Area: For the Battle Lane Perimeter Transition Area the following additional stipulations shall apply:

a) New construction shall be designed to maintain the existing setback line separating the existing building from Battle Lane.

b) No surface stormwater management facilities shall be placed between the new/existing buildings and Battle Lane.

28. East Franklin Street Perimeter Transition Area: No additional stipulations shall apply for the East Franklin Street Perimeter Transition Area.

29. South Columbia Street Perimeter Transition Area: For the South Columbia Street Perimeter Area, the following additional stipulations shall apply:

a) Landscaping between the new buildings and the street shall be similar to existing street/sidewalk areas between the existing Ackland Museum and South Columbia Street.

b) No surface stormwater facilities shall be placed between the new buildings and South Columbia Street.

c) Any access to the proposed new parking deck from South Columbia Street shall be designed to limit access to right-in, right-out.

30. McCauley/Pittsboro Perimeter Transition Area: For the McCauley/Pittsboro Perimeter Transition Area the following additional stipulations shall apply:

a) The new building shall be set back at least 100 feet from the centerline of Pittsboro Street.

b) Landscaping between the new building and the streets (Pittsboro and McCauley) shall be similar to existing street/sidewalk areas between the existing Tate Kuralt Building and Pittsboro Street.

c) No surface stormwater facilities shall be placed between the new building and Pittsboro Street.

31. Ambulatory Care Center Perimeter Transition Area: For the Ambulatory Care Center Perimeter Transition Area the following additional stipulations shall apply:

a) The new building shall be set back 100 feet from the University property line.

b) The University shall submit a plan showing coordinated stormwater management and buffer strategies for the entire length of the 100-foot setback shown between the existing and proposed Ambulatory Care Center buildings and private properties to the south, demonstrating how a buffer can be provided between the University development and the private properties. This plan shall demonstrate that a 30-foot, Type D buffer will be provided between the Ambulatory Care Center buildings and private properties to the south. This plan shall be submitted to and approved by the Town Manager for review and comment prior to submittal of any Site Development Permit application for this Perimeter Transition Area.

Option 1 for Stipulations 32 and 33

32. Student Family Housing-West Perimeter Transition Area: For the Student Family Housing West Perimeter Transition Area the following additional stipulations shall apply:

a) A Housing Corridor, 60-feet wide, shall be established parallel to Mason Farm Road. The new buildings shall be located within this corridor. Two parallel Transportation Corridors, one immediately to the north and one immediately to the south of the Housing Corridor, both of identical width, shall be established and reserved, each at least 90 feet wide. The residential building proposed to be constructed in this area shall be set back at least 60 feet from the private property to the east, as shown on Map 2 in Addendum #2. The location of all corridors shall be measured from the northern edge of the pavement on Mason Farm Road. Use of the Transportation Corridors shall be reserved for a possible new street or transit line, but may be used initially for parking, play areas, walkways and landscaping. The design of any street or transit facility to be built in either of these Transportation Corridors shall be approved by the Town Council prior to construction.

b) The new building may be sited and landscaped in a manner that varies from item a) above if the Town Council approves a plan for the Mason Farm Road corridor that addresses building, street, and buffer configurations in a different manner.

c) Sidewalk, along with curb and gutter, shall be installed along the north side of Mason Farm Road, from the Purefoy Road intersection to the Oteys Road intersection.

33. Student Family Housing–East Perimeter Transition Area: For the Student Family Housing-East Perimeter Transition Area: The following additional stipulations shall apply:

a) A Housing Corridor, 60-feet wide, shall be established parallel to Mason Farm Road. The new buildings shall be located within this corridor. Two parallel Transportation Corridors, one immediately to the north and one immediately to the south of the Housing Corridor, both of identical width, shall be established and reserved, each 75 feet wide at the eastern edge of the proposed building area (adjacent to the entrance to Baity Hill), widening to the west to the greatest extent practicable up to a width of 90 feet. The location of all corridors shall be measured from the northern edge of the pavement on Mason Farm Road. Use of the Transportation Corridors shall be reserved for a possible new street or transit line, but may be used initially for parking, play areas, walkways and landscaping. The design of any street or transit facility to be built in either of these Transportation Corridors shall be approved by the Town Council prior to construction.

b) Buildings shall be located as described in (a) above, unless the Town Council approves a plan for a new street in the Mason Farm Road corridor (as described in item c) below). Buildings shall be designed in a manner such that the elevations facing Mason Farm Road shall include main entrances served by walkways; no refuse collection or other service-related areas may be located between the buildings and Mason Farm Road.

c) The new buildings may be sited and landscaped in a manner that varies from item b) above if the Town Council approves a plan for the Mason Farm Road corridor that addresses building, street, and buffer configurations in a different manner.

d) In addition to Construction Management information described above, the Construction Management Plan for this Perimeter Transition Area shall include measures that will minimize construction vehicle travel on Mason Farm Road. (Construction Management Plan to be approved by the Town Manager prior to start of construction.)

e) Sidewalk, along with curb and gutter, shall be installed along the north side of Mason Farm Road, from Oteys Road to Fordham Boulevard.

f) A Site Development Permit application for the new 1,500 space parking deck shown as facility P-7 may not be approved until an access plan for the deck, addressing access issues on Mason Farm Road overall and particularly for peak-hour and special event times is approved by the Town Manager.

g) The existing 10-foot, chain link fence with barbed wire that was required as part of the Smith Center Special Use Permit shall be removed. A fence controlling access to the Smith Center may be installed as a replacement, as indicated in Addendum #2, but shall be shorter and without barbed wire.

Option 2 for Stipulations 32 and 33

34. Student Family Housing – West Perimeter Transition Area: For the Student Family Housing-West Perimeter Transition Area the following additional stipulations shall apply:

a) A corridor shall be reserved for a new street, connecting the Health Affairs area to Fordham Boulevard, in an alignment to the north of proposed new family housing buildings.

b) Plans shall be drawn for the new street in the alignment of a proposed transit corridor that is shown on the UNC Master Plan, with the intention that, if the road is built in that corridor and future plans for transit become imminent, the road would be shifted to the south to allow construction of transit facilities.

c) The cross-section for the new road is anticipated to be a four-lane, median divided road; however, the median may be eliminated in the portion of the new road immediately south of the Smith Center, for purposes of narrowing required right-of-way in this location.

d) Simultaneous with completion of the proposed new access road between the Health Affairs area and Fordham Boulevard, the University shall construct a physical barrier, in a form approved by the Town Manager, at the intersection of the new road and Mason Farm Road, which restricts access to Mason Farm Road west of the new road. The barrier shall be designed in a manner such that it can be quickly removed in event of emergency.

e) No access from the proposed new parking deck (P-7 on the Development Plan) shall be permitted to the proposed new family housing area on Baity Hill (which has access onto Mason Farm Road), until the new access road connecting the Health Affairs area to Fordham Boulevard is constructed and access to the west to Mason Farm Road is closed, as required above.

f) New family housing buildings shall be oriented such that either building fronts or building sides face Mason Farm Road.

g) Parking lots for the proposed new family housing shall not have direct access onto Mason Farm Road, once the new access road between the Health Affairs area and Fordham Boulevard is constructed.

h) The portion of required sidewalk on the north side of Mason Farm Road that is west of Otey’s Road shall be constructed and available prior to the occupancy of any of the proposed new family housing buildings.

i) The University shall prepare a construction traffic management plan, to be approved by the Town Manager prior to issuance of a Site Development Permit for this Perimeter Transition Area. Staging areas and access points shall be to the north of the building sites for the proposed new family housing so that construction traffic on Mason Farm Road can be minimized.”

j) The new building may be sited and landscaped in a manner that varies from these provisions if the Town Council approves a plan for the Mason Farm Road corridor that addresses building, street and buffer configurations in a different manner.

k) Sidewalk, along with curb and gutter, shall be installed along the north side of Mason Farm Road, from the Purefoy Road intersection to the Oteys Road intersection.

35. Student Family Housing – East Perimeter Transition Area: For the Student Family Housing-East Perimeter Transition Area the following additional stipulations shall apply:

a) A corridor shall be reserved for a new street, connecting the Health Affairs area to Fordham Boulevard, in an alignment to the north of proposed new family housing buildings.

f) New family housing buildings shall be oriented such that either building fronts or building sides face Mason Farm Road.

g) Parking lots for the proposed new family housing shall not have direct access onto Mason Farm Road, once the new access road between the Health Affairs area and Fordham Boulevard is constructed.

j) Buildings shall be located as described above, unless the Town Council approves a plan for a new street in the Mason Farm Road corridor (as described below). Buildings shall be designed in a manner such that the elevations facing Mason Farm Road shall include main entrances served by walkways; no refuse collection or other service-related areas may be located between the buildings and Mason Farm road.

k) The new buildings may be sited and landscaped in a manner that varies from above if the Town Council approves a plan for the Mason Farm Road corridor that addresses building, street, and buffer configurations in a different manner.

l) In addition to Construction Management information described above, the Construction Management Plan for this Perimeter Transition Area shall include measures that will minimize construction vehicle travel on Mason Farm Road. (Construction Management Plan to be approved by the Town Manager prior to start of construction.)

m) Sidewalk, along with curb and gutter, shall be installed along the north side of Mason Farm Road, from Oteys Road to the eastern-most road segment that leads into the Baity Hill housing area.

n) A Site Development Permit application for the new 1,500 space parking deck shown as facility P-7 may not be approved until an access plan for the deck, addressing access issues on Mason Farm Road overall and particularly for peak-hour and special event times is approved by the Town Manager.

The University shall choose between Option 1 and 2 for Stipulations 32 and 33 at or before the time it submits its first application for a Site Development Permit in the area referred for Student Family Housing as shown on the Development Plan application.

Miscellaneous Stipulations

36. As-built Drawings: The University shall provide as-built site plans for buildings, parking lots, public utilities, stormwater drainage systems, street and sidewalk improvements, and new and existing impervious surfaces associated with each Site Development Permit. The as-builts shall be on a compact disk in DXF binary format using State plane coordinates.

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

38. Severability: If any of the above conditions is held to be invalid by a court of competent jurisdiction, all other conditions shall remain valid and this approval shall remain intact.

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