AGENDA #9

MEMORANDUM

TO: Mayor and Town Council

From: W. Calvin Horton, Town Manager

Subject: Family House at UNC Hospitals - Application for Special Use Permit (File No. 7.73..1, PIN #9788-54-5304)

DATE: November 9, 2005

INTRODUCTION

Tonight, the Council continues the Public Hearing from October 19, 2005, regarding a Special Use Permit to construct the 34,140 square-foot Family House, a Residential Support Facility associated with the University of North Carolina (UNC) Hospital System. The proposal is to provide a Residential Support Facility for 40 families who have family members at the UNC Hospital System. There would also be one caretaker unit. The site is located on Old Mason Farm Road, adjacent to the Ronald McDonald House and south of the Highland Woods neighborhood. The applicant proposes to encumber a 6.15 acre (268,026 square feet) portion of a 19.73-acre lot with a Special Use Permit. The Ronald McDonald House is also on the same lot, and has its own Site Plan Review approval. The applicant is proposing 59 parking spaces. The site is located in the Office/Institutional-2 (OI-2) zoning district. The site is located in Orange County and is identified as a portion of Chapel Hill Township Tax Map 73, Lot 1 (PIN # 9788-54-5304).

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 application. We recommend that the Council adopt Resolution A, approving the application.

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 October 19, 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 detailed staff response to traffic issues, a Planning Board Summary of Action, and the October 19, 2005 Public Hearing memorandum.

BACKGROUND

Concept Plan reviews of this application were conducted by the Community Design Commission on December 17, 2003 and by the Town Council on March 15, 2004.

KEY ISSUES

Key issues raised at the October 19 Public Hearing are as follows:

A Council Member requested additional information about the Manager’s decision to give the applicant a Traffic Impact Analysis Waiver.

Comment: The Manager granted a Traffic Impact Analysis Waiver because the applicant presented documentation verifying that the proposed development did not exceed the traffic thresholds requiring the submission of a Traffic Impact Analysis. For detailed information and the documentation submitted by the applicant, please see Attachment 1.
A Council Member requested additional information about the recommended deletion of the stipulation requiring a left-turn lane on Old Mason Farm Road into the Family House site.

Comment: The applicant provided information prior to the October 19 Public Hearing showing that the volume of traffic the proposed development is projected to produce does not justify the applicant providing a left turn lane. We originally recommended the left turn lane. Resolution A, the Manager’s Revised Recommendation, does not include a stipulation requiring a left-turn lane. For detailed information please see Attachment 1.
A Council Member requested that the sidewalk segment that crosses the vegetated island in the center of the parking lot be shifted one parking space to the south to align with the handicapped parking space on the eastern side of the lot and that handicapped ramping be included on both ends of this sidewalk segment.

Comment: We believe that this proposed change would improve site design and comply with Town Design Standards. A stipulation to that effect has been added to the Manager’s Revised Recommendation, Resolution A.

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 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 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.

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 3).

We note the following points from the applicant’s Statement of Justification:

“It will not significantly increase traffic on the adjoining road, because residents will arrive for an extended stay and make use of the Hospital Shuttle Bus, which already travels to the Ronald McDonald House, next door, to visit their relatives at the Hospital. Consequently, the town has granted a TIA waiver.” [Applicant’s Statement]

“There will be no greater discharge of storm water from the site than currently occurs.” [Applicant’s Statement]

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process (Please see the applicant’s Statement of Justification for additional evidence in support of the application, part of Attachment 3).

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 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 support of Finding #2 for this application has been provided by the applicant’s Statement of Justification (part of Attachment 3).

We note the following points from the applicant’s Statement of Justification:

“The project will comply with or exceed the buffer, setback, and intensity standards. Fewer parking spaces will be provided because of the utilization of the Hospital Shuttle Service, we therefore request a waiver of the Town Parking Requirements to allow this.” [Applicant’s Statement]

“The operators will coordinate development of the extensive open meadow and walking path with the Botanical Garden and the Ronald McDonald house, for the benefit of the neighborhood. Among the amenities for the neighbors will be full cut-off site lighting...” [Applicant’s Statement]

Evidence in opposition: We have not identified any evidence offered in opposition to Finding #2.

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 support of Finding #3 for this application has been provided by the applicant’s Statement of Justification (part of Attachment 3).

We note the following points from the applicant’s Statement of Justification:

“By virtue of the large area of open space on the property, and the traditional style and scale of the architecture, it will enhance and protect the value of neighboring properties.” [Applicant’s Statement]

“The hospital is in dire need of appropriate facilities for accommodations in which families of long-term treatment patients and their families may comfortably reside.” [Applicant’s Statement]

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 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 support of Finding #4 for this application has been provided by the applicant’s Statement of Justification (part of Attachment 3).

We note the following key points from the applicant’s Statement of Justification:

“This project is of a type that is permitted by the zoning ordinance for the proposed site.” [Applicant’s Statement]
“The location of the project does not conflict with any of the long-range town plans.” [Applicant’s Statement]

Please see the applicant’s Statement of Justification for additional evidence in support of the application (part of Attachment 3).

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.

PROPOSED MODIFICATION OF REGULATIONS

The Town Council has the ability to modify the regulations, according to Section 4.5.6 of the Land Use Management Ordinance if the Town Council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree.

The applicant is requesting modification to regulations from minimum parking regulations (Article 5.9) of the Land Use Management Ordinance. The applicant requests that regulations be modified to allow the provision of 59 parking spaces, rather than the 68 required. The applicant is proposing fewer parking spaces than required by the Ordinance based on the assumption that most families will be coming to the Family House from out of town with one car and that there is existing shuttle bus service offered between the Ronald McDonald House and UNC Hospital.

Comment: We believe that the applicant’s request to modify minimum vehicular parking regulations to allow a reduced number of parking spaces is reasonable. We believe that the Council could find that public purposes are satisfied to an equivalent or greater degree because the Family House facility 1) will have a shuttle bus available to UNC Hospitals, and 2) is located in the Watershed Protection District where reducing impervious surface is especially desirable.

The Town Council may modify the proposed modification to regulations if it makes a finding in the particular case, that public purposes are satisfied to an equivalent or greater degree. The Town Council may deny the proposed modifications from regulations at its discretion. If the Council chooses to deny a request for modification to regulations, the applicant’s alternative is to comply with the regulation.

LAND USE MANAGEMENT ORDINANCE TEXT AMENDMENT

In a separate agenda item, the applicant is proposing a Land Use Management Ordinance Text Amendment to change the number of families permitted in a Residential Support Facility. The Ordinance definition of Residential Support Facility currently permits a 30-family occupancy limit and the applicant is requesting a text amendment that would increase the limit to 40 families. If the Council chooses not to approve the text amendment, the applicant will be required to reduce the size of the proposed development to the current 30-family occupancy limit. Please see the accompanying memorandum, “Land Use Management Ordinance Text Amendment/Modification to the Definition of a Residential Support Facility,” for additional information.

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, and modification of regulations discussed above, our recommendation is that the Council could make the four findings necessary in order to approve the application. The Manager’s recommendation incorporates input from all Town departments involved in review of the application.

RECOMMENDATIONS

Stipulations Incorporated into Resolution A, the Manager’s Revised Recommendation:

Following October 19 Public Hearing, the following recommendations have been incorporated into Resolution A, the Manager’s revised recommendation:

Parking Lot Sidewalk Design: That the applicant shall move the sidewalk segment that crosses the vegetated island in the center of the parking lot to align with the handicapped parking space on the eastern side of the lot and that handicapped ramping be included on both ends of the sidewalk.

Comment: Please see issue number 3 in the Key Issues section for additional information. The above stipulation has been added to Resolution A, the Manager’s revised recommendation.
Preserve Existing Vegetation on Northern Boundary: That the applicant shall not disturb the existing vegetation between the former golf-cart path and the northern property line except in circumstances where supplemental vegetation is being provided to enhance the existing vegetation.

Comment: Following the October 18 Planning Board meeting, the Planning Board recommended the above stipulation because they thought it would provide more protection for the Highland Woods neighborhood. The applicant agreed and we concur. The proposed stipulation would enlarge the required 20-foot landscape buffer width from 35 to as much as 150 feet, providing additional protection for the adjacent Highland Woods neighborhood. The above stipulation has been added to Resolution A, the Manager’s revised recommendation.
Driveway Width for Refuse Collection: The width of the driveway dedicated to refuse collection shall not exceed 20 feet. The Town Manager shall review and approve the final design, prior to issuance of a Zoning Compliance Permit.

Comment: The Planning Board recommended revising the above stipulation to widen the service road to 20 feet because they agreed with the applicant’s position that the service entrance requires a 2-way width to accommodate more than refuse collection traffic alone, including other service vehicles as well. We agree and the above stipulation has been revised in Resolution A, the Manager’s revised recommendation.

Stipulation Not Incorporated into Resolution A, the Manager’s Revised Recommendation:

Following October 19 Public Hearing, the following stipulation has been omitted from Resolution A, the Town Manager’s revised recommendation:

Left Turn Lane: Prior to issuance of a Certificate of Occupancy, the applicant shall provide an 11-foot wide center turn lane from the intersection of U.S. 15-501 at Old Mason Farm Road, to the western-most driveway entrance to the site. Furthermore, a 295-foot transition taper shall be extended in an eastern direction from the driveway entrance. The design must be approved by the Town Manager and the North Carolina Department of Transportation prior to issuance of a Zoning Compliance Permit.

Comment: Please see the Key Issues section and Attachment 1, which provides detailed information about our revised recommendation. The above stipulation has been omitted from Resolution A, the Manager’s revised recommendation.

Resolutions as Recommended By Advisory Boards and the Town Manager Follow:

Planning Board Recommendation: On October 18, 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 (Attachment 2).

Summaries of Action for the Transportation Board, Community Design Commission, and the Bicycle and Pedestrian Advisory Board are included in Attachment 3, the October 19 Public Hearing Memorandum.

Manager’s Revised Recommendation: Based on our evaluation of the application, our revised recommendation is that, with the stipulations in Resolution A, the application complies with the standards and regulations of the Land Use Management Ordinance, except for the proposed modification to regulations and the accompanying Land Use Management Ordinance Text Amendment.

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 application with the requested modifications of the regulations. We recommend that the Council adopt Resolution A, approving the application with conditions.

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

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

Resolution D would approve the application as recommended by the Community Design Commission.

Resolution E would approve the application as recommended by the Bicycle and Pedestrian Advisory Board.

Resolution F would deny the application.

Family House at UNC Hospitals - Special Use Permit

Differences Among Resolutions

Issues	Resolution A (Approval) Town Manager’s Revised Recommendation	Resolution B (Approval) Planning Board Recommendation	Resolution C (Approval) Transportation Board Recommendation	Resolution D (Approval) Community Design Commission Recommendation	Resolution E (Approval) Bicycle and Pedestrian Advisory Board Recommendation
Shift Sidewalk in Parking Lot to South and Add Handicapped Ramps	Yes	*	*	*	*
Require Left-Turn Lane	No	No	No	Proportional Payment-in-Lieu	No
Preserve Vegetation Between Cart Path and Northern Property Line	Yes	Yes	*	*	*
Widen Service Drive Aisle From 12 Feet to 20 Feet to Provide For 2-Way Traffic	Yes	Yes	*	*	*
Delay Old Mason Farm Road Improvements as well as Improvements Adjacent to the Road	Yes (Surety Guarantee)	Yes (Surety Guarantee)	Yes (Payment-In-Lieu)	*	*
Widen Old Mason Farm Road 2 Feet for Bicycles	Yes	Yes	No	*	*

*Issue not discussed at this particular meeting and is therefore not included in this Resolution.

ATTACHMENTS

RESOLUTION A

(Manager’s Revised Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE FAMILY HOUSE AT UNIVERSITY OF NORTH CAROLINA HOSPITALS (2005-11-09/R-5a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by the Family House at the University of North Carolina Hospitals, on property identified as Orange County Tax Map 73, part of Lot 1 (PIN No. 9788-54-5304) if developed according to the site plans dated June & August 2005, received August 4, 2005:

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

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

1. Modification of Article 5.9 of the Land Use Management Ordinance minimum off-street parking regulations, to allow 59 parking spaces on the Family House site.

This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree because the above requested modification to regulations for the Family House facility 1) will have a shuttle bus available to UNC Hospital, minimizing the need for parking spaces, and 2) is located in the Watershed Protection District and fewer parking spaces will reduce impervious surface.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for the Family House at the University of North Carolina Hospitals in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. That construction begin by November 9, 2007 and be completed by November 9, 2010.

2. Land Use Intensity: This Special Use Permit authorizes the Residential Support Facility, the Family House at the University of North Carolina Hospitals, for providing temporary occupancy for 40 families and one caretaker with hospitalized family members and according to the land use intensity requirements and dimensional standards as specified below:

Land Use Intensity
Net Land Area	320,166 s.f.
Total # of Buildings	1
Maximum # Family Accommodations	40
Dwelling Unit for Caretaker	1 unit
Maximum Floor Area	34,140 s.f.
Maximum Impervious Surface Area	41,068 s.f.
Maximum # of Parking Spaces Proposed	59
Minimum # of Bicycle Spaces	6

Stipulations Related to Transportation Issues

3. Signal Retiming: That the applicant shall provide a $2,000 payment to the Town of Chapel Hill to implement signal retiming for the signals impacted by this development, prior to issuance of a Zoning Compliance Permit. The two signals are located at the intersections of 1) Old Mason Farm Road and Fordham Boulevard and 2) Manning Drive and Fordham Boulevard.

4. North Carolina Department of Transportation Encroachment Agreement: 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 public right-of-way.

5. Shared Driveway Agreement: That the applicant shall provide a shared driveway access agreement, to be approved by the Town.

6. Driveway Width for Refuse Collection: The width of the driveway dedicated to refuse collection shall not exceed 20 feet. The Town Manager shall review and approve the final design, prior to issuance of a Zoning Compliance Permit.

7. Widen Old Mason Farm Road: That prior to the issuance of a Certificate of Occupancy the applicant shall widen Old Mason Farm Road two feet, on the north side, adjacent to the property frontage. The final design shall be reviewed and approved by the Town Manager, prior to issuance of a Zoning Compliance Permit.

8. Bicycle Parking: That prior to the issuance of a Certificate of Occupancy the applicant shall provide a total of 6 Class I bicycle parking spaces. The final design shall be reviewed and approved by the Town Manager, prior to issuance of a Zoning Compliance Permit.

9. Parking Lot Standards: That all parking lots, drive aisles and parking spaces shall be constructed to Town standards prior to the issuance of a Certificate of Occupancy.

10. Parking Lot Sidewalk Design: That the applicant shall move the sidewalk segment that crosses the vegetated island in the center of the parking lot to align with the handicapped parking space on the eastern side of the lot and that handicapped ramping be included on both ends of the sidewalk.

11. Sidewalks and Amenities: That prior to the issuance of a Certificate of Occupancy the applicant shall provide a 5-foot sidewalk, for approximately 330 linear feet, on the Old Mason Farm Road frontage, including a 2-foot wide curb and gutter and a 3-foot wide grass strip. The final design and location shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

12. Surety Guarantee for Old Mason Farm Road Improvements: That the applicant shall provide a surety guarantee for 125% for the estimated value of the required Old Mason Farm Road infrastructure improvements, prior to issuance of the Zoning Compliance Permit, for the sidewalk, curb and gutter, 3-foot wide grass strip and 2-foot widening of pavement, should the applicant choose not to complete these infrastructure improvements prior to issuance of a Certificate of Occupancy. The improvements shall be completed no later than one year after the issuance of a Certificate of Occupancy.

13. Hospital Shuttle Service: That the applicant shall provide a shared shuttle service with the Ronald McDonald House between UNC Hospital and the facilities on Old Mason Farm Road.

14. Transportation Management Plan: That the applicant shall prepare and obtain Town Manager approval of a Transportation Management Plan prior to issuance of a Zoning Compliance Permit. The required components of the Transportation Management Plan shall include:

a. Quantifiable traffic reduction goals and objectives;

b. Provisions for designation of a Transportation Coordinator;

c. Provision for an annual Transportation Survey and Annual Report to the Town Manager;

d. Ridesharing incentives;

e. Public transit incentives; and

f. Other measures subject to approval by the Town Manager.

15. Traffic Impact Analysis: That a Traffic Impact Analysis shall be provided if more than 40 families are proposed to be accommodated on the site.

Stipulations Related to Landscaping and Architectural Issues

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

Location	Required Buffers
Southern Boundary (Old Mason Farm Rd. Frontage)	20’ Type ‘C’ External Buffer
Western Boundary (Towards Ronald McDonald House)	10’ Type ‘B’ Internal Buffer
Northern Boundary (Toward Highland Woods Subdivision)	35 - 150’ Type ‘C’ External Buffer
Eastern Boundary (Towards Finley Golf Course)	10’ Type ‘B’ Internal Buffer

17. Undisturbed Buffers: Buffers shall remain undisturbed and no stormwater control structures shall be placed in landscape buffer areas except for two parts of the eastern buffer the applicant proposes to grade. These two areas shall be properly replanted, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.

18. Preserve Existing Vegetation on Northern Boundary: That the applicant shall not disturb the existing vegetation between the former golf-cart path and the northern property line except in circumstances where supplemental vegetation is being provided to enhance the existing vegetation.

19. Specimen Tree Protection: That the applicant shall protect eight specimen trees, near the south-central part of the site, specified for preservation on the landscape protection plan, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

20. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees shall be removed and preserved, critical root zones of all rare and specimen trees, significant tree stands, detail of protective fencing and construction parking and materials staging/storage areas, and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

21. Landscape Plan and Landscape Maintenance Plan: That a detailed Landscape Plan including 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, the location of all proposed plantings and landscape buffers, as well as the limits of land disturbance and tree protection fencing.

22. Parking Lot Landscape Screening: That all parking areas shall be screened from view in accordance with the provisions of Article 5.6 of the Land Use Management Ordinance. The landscape screening plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

23. Parking Lot Shading Plan: That prior to issuance of a Zoning Compliance Permit, a Parking Lot Shading Plan must be submitted and approved by the Town Manager demonstrating compliance with Town regulations.

23. 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.

24. 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 light spillage. Particular care shall be taken to minimize the visibility of lighting from the adjacent Highland Woods neighborhood, which is on higher ground than the development site.

Stipulations Related to Environmental Issues

25. 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.

26. Ephemeral Stream Channels: As part of the Stormwater Management Plan, the applicant shall identify ephemeral stream channels, demonstrate the necessity of land disturbance within these channels, and demonstrate how such disturbance shall be minimized, subject to approval by the Town Manager, prior to the issuance of a Zoning Compliance Permit.

27. Soils and Water Table Constraints: That the applicant demonstrate how the proposed stormwater management features are appropriate given constraints of low permeability soils and a high water table, subject to approval by the Town Manager, prior to the issuance of a Zoning Compliance Permit.

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

29. 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.

30. Erosion Control: That a soil erosion and sedimentation control plan be approved by the North Carolina Department of Environment, Health and Natural Resources and a copy of the approval be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit.

31. 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

32. 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.

33. Solid Waste Final Plan Details: That final plans shall 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. That final plans shall also include the following notes:

a. Prior to demolition or construction activity on the site the applicant shall hold a deconstruction assessment conference with the County’s Solid Waste staff concerning buildings to be removed from this site.

b. Any gate design shall include gate retainers;

c. The user shall be responsible for opening gates to the dumpster area on collection days of any material(s) to be collected from this location;

d. If any vehicles are parked in the refuse or recyclables collection vehicle access area, the containers shall not receive service until the next scheduled collection day;

e. By Orange County Ordinance, clean wood waste, scrap metal and corrugated cardboard, all present in construction waste, shall be recycled;

f. By Orange County Ordinance, all haulers of construction waste shall be properly licensed; and

g. Prior to any demolition or construction activity on site the applicant shall 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.

34. Recycling Facilities: That the applicant provide 7 to 9 recycling roll carts in the waste collection area for recyclable materials such as glass, metal cans, plastic, and papers.

35. Heavy Duty Pavement: That the applicant shall provide heavy-duty pavement for service vehicles across drive aisles access routes 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. Recycling Specialist: That the applicant shall meet with an Orange County Recycling Specialist to request multi-family type recycling services near the time of occupancy of the facility.

38. Overhead Obstruction/Utility Lines: That the final plans shall include 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 shall 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. Fire Hydrant Location: It is required that all new structures be located within 500 feet of a fire hydrant and that all hydrants be shown on Final Plans, subject to the approval of the Town Manager prior to the issuance of a Zoning Compliance Permit.

42. Fire Sprinklers and Fire Department Connections (FDC’s): That the applicant shall install an automatic fire sprinkler system for buildings that meet any of the following conditions:

a. The building has 6,000 square feet of floor area, or more;

b. 20% or more of the total floor area is located further than 200 feet from the nearest point of access for a fire truck; or

c. The building exceeds two stories or 24 feet in height from the average grade of the lot to the windows on the topmost occupied floor.

Any buildings requiring sprinklers shall have associated FDC’s clearly indicated on Final Plans, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

43. Fire Apparatus Access: All driveway entrances shall be designed to meet the minimum unobstructed turning radii for fire apparatus access.

44. Fire Flow Report: That a fire flow report for all new development, 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.

Stipulations Related to Miscellaneous Issues

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 DWF 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 plans and plat.

That if the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for an individual 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.

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 application for the Family House at the University of North Carolina Hospitals, in accordance with the plans and conditions listed above.

This the 9^th day of November, 2005.

RESOLUTION B

(Planning Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE FAMILY HOUSE AT UNIVERSITY OF NORTH CAROLINA HOSPITALS (2005-11-09/R-5b)

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

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

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

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

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

1. Modification of Article 5.9 of the Land Use Management Ordinance minimum off-street parking regulations, to allow 59 parking spaces on the Family House site.

1. Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development unless modified or superseded by those stipulations below.

2. Deleted Stipulations: That the following stipulations shall be deleted:

• Parking Lot Sidewalk Design: That the applicant shall move the sidewalk segment that crosses the vegetated island in the center of the parking lot to align with the handicapped parking space on the eastern side of the lot and that handicapped ramping be included on both ends of the sidewalk.

This the 9^th day of November, 2005.

RESOLUTION C

(Transportation Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE FAMILY HOUSE AT UNIVERSITY OF NORTH CAROLINA HOSPITALS (2005-11-09/R-5c)

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

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

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

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

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

1. Modification of Article 5.9 of the Land Use Management Ordinance minimum off-street parking regulations, to allow 59 parking spaces on the Family House site.

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:

• Driveway Width for Refuse Collection: The width of the driveway dedicated to refuse collection shall not exceed 12 20 feet. The Town Manager shall review and approve the final design, prior to issuance of a Zoning Compliance Permit.

• Payment-In-Lieu of ~~Surety Guarantee for~~ Old Mason Farm Road Improvements: That the applicant shall provide a payment-in-lieu of ~~surety guarantee for~~ 125% for the estimated value of the required Old Mason Farm Road infrastructure improvements, prior to issuance of the Zoning Compliance Permit, for the sidewalk, curb and gutter, 3-foot wide grass strip and 2-foot widening of pavement, should the applicant choose not to complete these infrastructure improvements prior to issuance of a Certificate of Occupancy. The improvements shall be completed no later than one year after the issuance of a Certificate of Occupancy.

• Traffic Impact Analysis: That a Traffic Impact Analysis shall be provided if more than 41 40 families are proposed to be accommodated on the site.

3. Deleted Stipulations: That the following stipulations shall be deleted:

• Widen Old Mason Farm Road: That prior to the issuance of a Certificate of Occupancy the applicant shall widen Old Mason Farm Road two feet, on the north side, adjacent to the property frontage. The final design shall be reviewed and approved by the Town Manager, prior to issuance of a Zoning Compliance Permit.

• Preserve Existing Vegetation on Northern Boundary: That the applicant shall not disturb the existing vegetation between the former golf-cart path and the northern property line except in circumstances where supplemental vegetation is being provided to enhance the existing vegetation.

This the 9^th day of November, 2005.

RESOLUTION D

(Community Design Commission Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE FAMILY HOUSE AT UNIVERSITY OF NORTH CAROLINA HOSPITALS (2005-11-09/R-5d)

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

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

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

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

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

1. Modification of Article 5.9 of the Land Use Management Ordinance minimum off-street parking regulations, to allow 59 parking spaces on the Family House site.

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 Stipulation: That the following stipulation shall be revised:

• Proportional Payment-In-Lieu of Left Turn Lane: Prior to issuance of a Zoning Compliance Permit, the applicant shall provide a proportional payment-in-lieu, based on traffic impact, for construction of an 11-foot wide center turn lane from the intersection of U.S. 15-501 at Old Mason Farm Road, to the western-most driveway entrance to the site. Furthermore, a 295-foot transition taper shall be extended in an eastern direction from the driveway entrance, subject to approval by the Town Manager and the North Carolina Department of Transportation prior to issuance of a Zoning Compliance Permit.

3. Deleted Stipulations: That the following stipulations shall be deleted:

This the 9^th day of November, 2005.

RESOLUTION E

(Bicycle and Pedestrian Advisory Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE FAMILY HOUSE AT UNIVERSITY OF NORTH CAROLINA HOSPITALS (2005-11-09/R-5e)