AGENDA #7
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Meadowmont Affordable Housing – Application for Special Use Permit
DATE: January 24, 2000
Tonight the Council continues the Public Hearing from November 15, 1999 regarding an application filed by Orange Community Housing Corporation for a Special Use Permit to develop a multi-family residential development including 32 townhomes on a 2.76 acre site in Meadowmont. Adoption of Resolution A, B, C, D, E or F would approve a Special Use Permit. Adoption of Resolution G would deny the request.
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BACKGROUND
On November 15, 1999, a Public Hearing was held for consideration of a Special Use Permit for this multi-family development at Meadowmont. Questions regarding the application were raised during the Public Hearing, and the hearing is being reopened tonight to receive staff and applicant responses to these questions. We note that on November 15th the Council adopted a resolution defining contiguous property for this application as those properties within 1,000 feet of the subject property.
PROCESS
This is an application for a Special Use Permit. The Development Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit application, to present a report to
the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Town standards. We have presented a report to the Planning Board, and on November 15th we submitted our report and recommendation to the Council.
The standard for review and approval of a Special Use Permit involves consideration of four findings. The Council must make all four of these findings in order to approve a Special Use Permit:
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.
2) That the use or development complies with all required regulations and standards of this chapter, including all applicable provisions of Articles 12, 13, and 14 and with all other applicable regulations.
3) That the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity.
4) That the use or development conforms with the general plans for the physical development of the Town as embodied in this chapter and in the Comprehensive Plan.
The November 15th Public Hearing memorandum discussed the four findings as they related to this application, including both supporting and opposing evidence for each finding. We have provided the Public Hearing materials as an attachment to this memorandum.
If, after consideration of the evidence presented at the November 15th Public Hearing and additional evidence submitted this evening, the Council decides that it can make the required four findings, the Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that sufficient evidence has not been provided to make these four findings, then the application must be accordingly denied.
Although the primary purpose of tonight’s meeting is to receive staff and applicant responses to the questions raised during the November 15th Public Hearing, we note that further evidence may be submitted this evening for the Council’s consideration.
We believe that the key issues brought forth during the November 15th Public Hearing were related to the mass transit easement that is on the eastern portion of the site, the central drive that bisects the site, and the availability of sidewalk connections for both on-site and off-site access. We have provided a list of individual questions/issues raised during the hearing, followed by responses from the Town staff and the applicant, as an attachment to this memorandum. Please refer to Attachment # 1 for a complete discussion.
In response to issues and concerns raised at Advisory Board Review and at the Public Hearing on November 15, 1999, the applicant has made several changes to the proposed site plan. The changes are as follows:
1. The parking spaces on the central drive that bisects the site, have been eliminated.
2. An eight-foot wide planted median in the central drive has been added.
3. A sidewalk has been added on the east side of the central drive, in front of Building # 2.
4. The sidewalks throughout the site have been reconfigured to be more pedestrian-friendly.
5. Three parking spaces have been removed from the proposed plan, leaving a total of 58 parking places (including four handicapped spaces). Fifty-five parking spaces are required.
6. Building # 5 has been rotated slightly and moved closer to the parking area.
7. Building # 4 has been moved approximately ten feet to the east, in order to minimize intrusion into the greenway area
8. Two landscaped islands have been added to the parking area in the eastern portion of the site.
We believe that these changes enhance the previously proposed plan, and address several of the key issues raised at the Public Hearing. These changes are reflected in the revised plan that would be approved by Resolution A.
Recommendations are summarized below. Please see the attached summaries of board actions and recommendations (Attachments 14 and 15).
Planning Board’s Recommendation: The Planning Board reviewed this application on August 3, 1999, and voted 8-1 to recommend that the Council approve the application with adoption of Resolution B. Please see the attached Summary of Planning Board Action.
We note that the Planning Board recommended approval of this application with the condition that the applicant move one or two of the easternmost dwelling units (which are located closest to the mass transit easement) to an alternative location on the site.
When the Planning Board reviewed this application, the applicant was proposing that Building # 1 include 8 units, with the easternmost unit being located approximately 10 feet from the edge of the mass transit easement. We believe that the Planning Board’s recommendation of approval was based on the applicant moving at least one unit (16 feet of width) to an alternative location on the site. This change would place the easternmost unit of Building # 1 approximately 26 feet from the edge of the mass transit easement (the original 10 foot buffer plus the 16 foot width of a townhome).
In response to the Planning Board’s recommendation, the applicant has revised the application to change Building # 1 from an 8-unit to a 7-unit building, moving the easternmost unit to the western end of Building # 4. As a result, the applicant’s revised application places the “new” easternmost unit approximately 18 feet from the edge of the mass transit easement, while also providing increased livability space at the western end of Building # 1 (between Building # 1 and Building # 2).
We believe that it was the Planning Board’s intent that the easternmost unit of Building # 1 be located a minimum of 26 feet from the edge of the mass transit easement. Consequently, we have included a stipulation in Resolution B requiring the plan to be revised to provide a minimum of a 26-foot buffer between the easternmost unit in Building # 1 and the mass transit easement.
Transportation Board’s Recommendation: The Transportation Board reviewed this application on August 17, 1999, and voted 5-0 to recommend that the Council approve the application with adoption of Resolution C. Please see the attached Summary of Transportation Board Action.
We note that when the Transportation Board reviewed this application in August, the applicant was proposing 55 parking spaces (instead of the currently proposed 58 spaces). The Transportation Board’s recommendation included the following conditions:
1. Utilize additional land in the adjacent open space easement for this project;
2. Reduce parking on the site by 7 spaces (to a maximum of 48 spaces) through the use of parking spaces in adjacent commercial areas, to increase livability and improve pedestrian circulation; and
3. Provide a sidewalk along the south side of Buildings # 2 and # 3.
We note that the applicant’s revised application proposes to utilize space in the adjacent open space easement for this project. We have incorporated the additional sidewalks along the south side of Buildings # 2 and # 3 into the Manager’s recommendation (Resolution A).
Community Design Commission’s Recommendation: The Community Design Commission reviewed this application on July 21, 1999, and voted 8-1 to recommend that the Council approve the application with the adoption of Resolution D. Please see the attached Summary of Community Design Commission Action.
We note that when the Design Commission reviewed this application in July, the applicant’s easternmost unit was approximately 10 feet away from the edge of the mass transit easement. Since this meeting, the applicant has moved the easternmost unit to the western edge of the site. The Community Design Commission’s recommendation included the following conditions:
· Relocate the two easternmost units next to the transit easement to the western edge of the site, near the greenway;
Comment: Since the applicant has already moved one unit from the eastern portion of the site, Resolution D requires that a second unit be moved away from the mass transit easement to the western edge of the site, near the greenway.
· Reduce the width of the connector street that bisects this proposed development;
Comment: We believe that the applicant’s latest revised plan, with a landscaped median in the middle of the connector street, fulfills the Design Commission’s recommendation.
· Utilize speed reduction techniques or applications;
Comment: We note that the applicant’s revised application includes special pavement treatment at the two entrances to this site. We believe that this revision addresses the Design Commission’s recommendation. We have also included this requirement as a stipulation in Resolutions A and D.
· Shift parking spaces from the northern edge of the eastern parking lot, to the southern edge of the parking lot.
Comment: We note that as part of the applicant’s revised plan, all of these parking spaces were utilized to accommodate an increase in the number of proposed 3-bedroom units on the site. Recognizing that the Design Commission was seeking to increase the amount of outdoor space in front of the units on the eastern portion of the site, however, we have included a condition in Resolution D to eliminate the three parking spaces in the northwest corner of the eastern parking lot. (Note: These spaces are directly east of the southernmost unit in Building # 2.)
Parks and Recreation Commission’s Recommendation: The Parks and Recreation Commission reviewed this application on September 22, 1999, and voted 6-0 to recommend that the Council approve the application with adoption of Resolution E, which includes the following conditions:
· That the tot lot play area should be enlarged from 400 to 750 square feet;
· That landscape screening should be utilized to physically separate the tot lot play area from the parking lot; and
· That the playground equipment to be installed on the site should be approved by the Town Manager or his designee prior to installation.
Please see the attached Memorandum from the Parks and Recreation Commission. We note that these conditions of approval are included in Resolutions A (Manager’s Recommendation) and E.
Bicycle and Pedestrian Advisory Board’s Recommendation: The Bicycle and Pedestrian Advisory Board met on November 9, 1999, and voted 8-0 to recommend that the Council approve the application with the adoption of Resolution F, which includes the following conditions:
· That the sidewalk shown on the eastern portion of the site connecting the parking lot to the townhomes be shifted westward to intersect at the mid-section of the parking lot instead of the far end of the parking lot.
Comment: We note that the applicant’s revised plan incorporates this recommendation.
· That sidewalks be installed on both sides of the entry road from Sprunt Street to the southern property line.
Comment: We note that the applicant’s revised plan includes these sidewalk connections.
· That wave-style bicycle racks that accommodate a total of eight (8) visitor bicycles be provided, with a rack for five (5) bicycles to be located on the western portion of the site (tot-lot area) and a rack for three (3) bicycles to be located on the eastern portion of the site.
Comment: We have included this stipulation in Resolution A (Manager’s Recommendation) and Resolution F.
· That one secure, accessible and covered bicycle storage area be provided for each dwelling. The storage area could be incorporated into the design of each townhome.
Comment: We note that the applicant’s plan includes a back porch with an outdoor storage closet for each dwelling unit.
Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.
Manager’s Recommendation: Based on the information in the record to date, we believe the Council could make the findings required to approve the permit. However, we note that the purpose of tonight’s hearing is to receive additional information.
Our recommendation is 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 Parks and Recreation Commission.
Resolution F would approve the application as recommended by the Bicycle and Pedestrian Advisory Board.
Adoption of Resolution G would deny the application.
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ISSUE |
Resolution AManager’s Recommendation |
Resolution BPlanning Board Recommendation |
Resolution CTransportation Board Recommendation |
Resolution DCommunity Design Commission Recommendation |
Resolution EParks and Recreation Commission Recommendation |
Resolution FBicycle and Pedestrian Advisory Board Recommendation |
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Shift Building # 1 to provide a minimum of a 26-foot buffer between the easternmost unit and the transit easement. |
No |
Yes |
* |
* |
* |
* |
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Shift easternmost dwelling unit from Building #1 to the western edge of the site. |
No |
* |
* |
Yes |
* |
* |
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Reduce parking on the site to a total of 48 parking spaces. |
No |
* |
Yes |
* |
* |
* |
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Provide a sidewalk along the south side of the two buildings that face the entrance drive |
Yes |
* |
Yes |
* |
* |
* |
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Enlarge the tot lot to 750 s.f.; and provide landscaping to separate the tot lot from the parking lot. |
Yes |
* |
* |
* |
Yes |
* |
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Provide special pavement treatment at the two entrances to the site. |
Yes |
* |
* |
Yes |
* |
* |
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Eliminate three (3) parking spaces in the northwest corner of the eastern parking lot. |
No |
* |
* |
Yes |
* |
* |
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Install wave-style bicycle racks on the site for a total of 8 bicycles. |
Yes |
* |
* |
* |
* |
Yes |
ATTACHMENTS
1. Issues Raised at November 15, 1999 Public Hearing, with Staff Comment (p. 9)
2. Applicant’s Response to Public Hearing Questions (p. 13)
3. Revised Site Plan, January 17, 2000 (p. 17)
4. Building Identification Plan, January 17, 2000 (p. 19)
5. Revised Fact Sheet, January 17, 2000 (p. 21)
6. Resolution A – Manager’s Recommendation (p. 23)
7. Resolution B – Planning Board Recommendation (p. 31)
8. Resolution C – Transportation Board Recommendation (p. 39)
9. Resolution D – Community Design Commission Recommendation (p. 47)
10. Resolution E - Parks and Recreation Commission Recommendation (p. 55)
11. Resolution F - Bicycle and Pedestrian Advisory Board Recommendation (p. 63)
12. Resolution G – Denial of Application (p. 71)
13. Letter from Triangle Transit Authority, January 12, 2000 (p. 72)
14. November 12, 1999 Public Hearing Additional Materials (p. 73)
15. Summary of Bicycle and Pedestrian Advisory Board Action (p. 74)
16. November 15, 1999 Public Hearing Memorandum and Related Attachments (begin new page 1)
ATTACHMENT # 1
Issues Raised during the November 15, 1999 Public Hearing on the
Special Use Permit Application
1. Several Council members inquired as to 1) why the Triangle Transit Authority (TTA) wants a 40-foot setback from the 50-foot transit easement, and 2) what the differences in impact would be between rail and bus uses in the transit easement.
Staff Comment: We note that a letter from Triangle Transit Authority (TTA) addressing these issues is provided as Attachment # 13.
2. A Council member inquired about the southern landscape bufferyard for this site.
The applicant’s response to this question, as provided in Attachment # 2, is as follows:
“The buffer on the south side of the property is shared with the Village Center. The original plans included a minimal amount of landscaping on our portion of this buffer. However, we have been negotiating with the Village Center and have come up with a plan for a joint buffer, which would create a denser and taller screen of foliage than our earlier plan would have accomplished. The joint buffer would consist of six to eight foot oaks, pines, red maples, and cedars. Under and around these would be plantings of wax myrtles and burning bush. Additionally, there would be a hedgerow of ligustrum along the Village Center border. ”
Staff Comment: We note that as part of a planned development, there are no required minimum widths for landscape bufferyards internal to this development.
3. A Council member inquired if the applicant could move the parking to the eastern part of the site, and shift the units to the west?
The applicant’s response to this question, as provided in Attachment # 2, is as follows:
“Yes, but we feel this is a less than optimal design, in that it will create a longer drive isle, more paved surface, and less open space.”
4. A Council member inquired if the central street bisecting the site is necessary, and could it be routed a different way?
The applicant’s response to this question, as provided in Attachment # 2, is as follows:
“The site could, of course, be designed in several different ways. However after reviewing several alternatives, we feel that a central street is the best design choice. It allows the most efficient use of the space.”
5. A Council member inquired if sidewalks are proposed in front of the units along Sprunt Street.
Staff Comment: We note that the as part of the approved Meadowmont Infrastructure Special Use Permit, sidewalks are provided in front of the units along Sprunt Street, as well as the portion of the site that fronts Meadowmont Lane.
6. A Council member inquired if sidewalks could be provided in some of the islands, to provide better access to the Village Center.
The applicant’s response to this question, as provided in Attachment # 2, is as follows:
“Yes, and we have added additional sidewalks in order to facilitate this.”
Staff Comment: We note that sidewalks are now provided on both the east and west sides of the central drive that runs through the Townhome site, providing access from both the eastern and western portions of the site to the Village Center.
7. A Council member inquired if a sidewalk could be provided to the dumpster.
Staff Comment: We note that a sidewalk to the dumpster is included on the proposed site plan.
8. A Council member inquired as to whether or not there are back porches, decks and outdoor storage areas for the proposed units.
The applicant’s response to this question, as provided in Attachment # 2, is as follows:
“The units all have back porches with an outdoor storage closet.”
9. A Council member inquired if recycling will be provided at the dumpster, or at each unit (front or rear).
The applicant’s response to this question, as provided in Attachment # 2, is as follows:
“Recycling will be provided at the dumpster, with separate containers for cardboard, newspaper, magazines, cans, brown glass, green glass, clear glass, and plastics.”
10. A Council member inquired if there will be on-street parking on Sprunt Street, and on the central street that bisects the development.
The applicant’s response to this question, as provided in Attachment # 2, is as follows:
“In earlier plans we considered allowing parking on the central street, with the idea that the parking would slow traffic on the street. However, after discussion with design planners, we eliminated parking on the sides of the central street, and added street trees and a center island. We wanted to clearly define the street as residential, and we believe these changes will offer more visual appeal and increased safety.”
Staff Comment: We note that on-street parking will not be provided on Sprunt Street.
11. A Council member inquired if there will be street tree plantings.
The applicant’s response to this question, as provided in Attachment # 2, is as follows:
“The planting plan calls for Red Maples to be planted along the central street. In addition, East West Partners will plant street trees along Sprunt Street on the north side of our property.”
12. A Council member inquired as to where the three bedroom units are located on the site, and as to what the proposed square footage is for each floorplan.
The applicant’s response to this question, as provided in Attachment # 2, is as follows:
“Three bedroom units are mixed throughout the project. Square footages are as follows: 19 two bedroom, two bath units at 1,024 sf each, 9 three bedroom, two bath units at 1,295 sf each, and 4 three bedroom two and ½ bath units at 1,344 sf each.”
13. A Council member inquired that if changes are made to the plan, how will these changes affect the cost of each unit.
The applicant’s response to this question, as provided in Attachment # 2, is as follows:
“Design changes and modifications to date have not been overly burdensome. However, to scrap the current plan and begin again would result in additional design and engineering fees of up to $10,000.”
14. A Council member inquired if these units will be available to Town employees.
The applicant’s response to this question, as provided in Attachment # 2, is as follows:
“Yes, provided that the total household income of the employee is less than 80% of the area median income (currently $47,600 for a family of four).”
15. A Council member inquired as to how big the buffer is between the Village Center site and this site. The Council member also inquired as to who is responsible for providing the buffer, and could the expense be the responsibility of the more lucrative development.
The applicant’s response to this question, as provided in Attachment # 2, is as follows:
“The buffer area is 10 feet on our side and 5 feet on the Village Center’s side. A combined buffer would give us a total of 15 feet to work with. While each side is required to provide a buffer, the Village Center has indicated a willingness to pay for a combined buffer, as discussed in the first question (above). As a result, the screening between the Village Center and our site will be much enhanced.”
16. A Council member inquired about how close the Village West Townhomes are located to the University State Rail Line.
Staff Comment: We note that the Village West Townhomes are separated from the University Rail Line by the Village Drive right-of-way. The distance from the rail line to the eastern edge of the Village Drive right-of-way is approximately 65 feet. The nearest Village West Townhomes are approximately 15-20 feet away from the Village Drive right-of-way, putting them approximately 80-85 feet away from the University Rail Line.
17. A Council member inquired about how the proposed central drive through this project relates to the rest of the Meadowmont development. The Council also inquired as to whether or not the stub-out from the Village Center has to be connected.
Staff Comment: The proposed central drive that bisects this site provides a northern point of ingress and egress to the Village Center site. The central drive also provides a north/south point of connectivity with the proposed entrance drive to the Meadowmont Wellness Center, which is proposed to be located on the north side of Sprunt Street, across from this Townhomes development.
The Council has the final authority to decide whether or not the approved stub-out from the Village Center should be connected through the Meadowmont Affordable Townhomes site to Sprunt Street.
Insert Page 1, Applicant’s Response to Public Hearing Questions
Insert Page 2, Applicant’s Response to Public Hearing Questions
Insert Page 3, Applicant’s Response to Public Hearing Questions
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Revised Site Plan, January 17, 2000
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Building Identification Plan, January 17, 2000
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Insert Revised Project Fact Sheet, Page 1
Insert Revised Project Fact Sheet,
Page 2.
RESOLUTION A
(Manager’s Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE MEADOWMONT AFFORDABLE TOWNHOMES (File: 52..6)
(2000-01-24/R-7a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit proposed by Orange Community Housing Corporation on property identified as Orange County, Chapel Hill Township Tax Map 52, part of Lot 6; if developed according to the Site Plan, dated July 2, 1999 and revised on October 29, 1999, and January 17, 2000, and the conditions listed below:
1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Article 12, 13, 14, and 18, and with all other applicable regulations;
3. Would be located, designed, and 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 Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Special Use Permit for the Meadowmont Affordable Townhomes in accordance with the plans listed above and the conditions listed below:
Stipulations Specific to the Development
1. Construction Deadline: That construction begin by January 24, 2005, and be completed by January 24, 2010.
2. Land Use Intensity: This Special Use Permit approves:
· Gross Land Area: 120,440 square feet
· Number of Dwelling Units: 32
· Floor Area: 36,493 square feet
· Outdoor Space: 106,312 square feet
· Livability Space: 32,007 square feet
· Number of Buildings: 5
· Number of Parking Spaces: 58
3. Approval of Cross-Access Agreements: That a shared, vehicular and pedestrian ingress, egress and regress agreement which permits vehicular travel over all relevant driveways and drive aisles between this site and the Village Center, shall be approved by the Town Manager and recorded at the Orange County Register of Deeds Office; and that copies of these agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.
5. Transportation Related Improvements:
A. That Meadowmont Lane be constructed from Highway 54 to the intersection of Residential Collector Road prior to the issuance of a Certificate of Occupancy for the Meadowmont Affordable Townhomes.
B. That the portion of Residential Collector Road from Meadowmont Lane to the entrance to the Meadowmont Affordable Townhomes be constructed prior to the issuance of a Certificate of Occupancy for the Meadowmont Affordable Townhomes.
C. That the applicant provide a street sign, on-street parking, and pavement marking plan for approval by the Town Manager prior to the issuance of a Zoning Compliance Permit and that the signs and pavement markings be installed by the applicant prior to issuance of a Certificate of Occupancy.
D. That all parking lots be designed to meet Town standards for pavement design and dimensions unless an alternate design is approved by the Town Manager.
E. That special pavement treatment be utilized at the two entrances to this site, to assist with traffic-calming.
6. Sidewalk Related Improvements:
A. That sidewalks be provided along the southern edge of the two buildings (Buildings # 2 and # 3) that face the entrance road.
B. That a sidewalk be provided to the dumpster pad.
7. Bicycle Racks: That wave-style bicycle racks that accommodate a total of eight (8) visitor bicycles be provided, with a rack for five (5) bicycles to be located on the western portion of the site (tot-lot area) and a rack for three (3) bicycles to be located on the eastern portion of the site.
Stipulations Related to State and Federal Government Approvals
8. State or Federal Approvals: That any required State or federal permits or encroachment agreements (including, but not limited to those needed for improvements to Meadowmont Lane, Highway 54, for pond and dam construction, for stormwater management and erosion control, for crossings over/under Highway 54, for disturbance related to the listed archaeological site, for water and sewer extension, and for development in the wetlands and Watershed Protection District) be approved by the appropriate agencies and copies of the approved permits and agreements be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit for the subject phase of development.
9. NCDOT Approvals: That plans for improvements to State-maintained roads, including landscaping and utility plans, be approved by NCDOT prior to issuance of a Zoning Compliance Permit for the subject phase of development.
Stipulations Related to Landscape Elements
10. Additional Landscaping Adjacent to Mass Transit Easement: That dense evergreen landscaping shall be provided between the dwelling unit and the parking lot located at the eastern edge of the site, and the 50-foot mass transit easement. This additional landscaping shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
11. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
12. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit and that the Plan. This plan shall include areas of vegetation to be preserved; critical root zones of the significant trees on the site; the anticipated clearing limit lines; proposed grading; proposed utility lines; a detail of protective fencing; and construction parking and materials staging/storage areas. The plan shall show the use of tree protection fencing, unless alternate protection measures are approved by the Town Manager, between construction and existing vegetation that is to be preserved.
Stipulations Related to Building Elevations
13. Building Elevation Approval: That detailed building elevations and a site lighting plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.
Stipulations Related to Recreation Space
14. Tot Lot Recreation Space: That a minimum of a 750 square foot tot lot recreation space be provided on the western portion of the site. Improvements shall include play equipment and benches that shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
15. Landscaping/Shubbery: That dense landscaping/shubbery shall be provided along the entire northern edge of the parking lot (9 spaces) in the vicinity of the tot lot recreation area.
Stipulations Related to Water, Sewer, and Other Utilities
16. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, TimeWarner Cable, Public Service Company, BellSouth or GTE, and the Town Manager before issuance of a Zoning Compliance Permit. The property owner shall be responsible for assuring that these utilities, including cable television, are extended to serve the development.
Stipulations Related to Watershed Protection and Stormwater Management
17. Permanent Retention Basin Installation:
A. Compliance with the Town Watershed Protection District regulations shall be demonstrated with the provision of multiple permanent ponds. For those portions of the development complying with the Low Density Option identified in the Chapel Hill Development Ordinance, permanent stormwater retention shall not be required. For those portions of the development complying with the High Density Option identified in the Development Ordinance, permanent stormwater retention shall be required in accordance with the requirements of the Development Ordinance.
B. The size, accessibility, location and design of each pond shall be approved by the Town Manager.
C. These wet retention ponds shall meet or exceed the North Carolina Division of Environmental Management requirements and shall be designed so as to be approved by the Division of Environmental Management, the North Carolina Division of Water Quality, the Army Corps of Engineers, and the Town Manager.
D. The property owner shall post a performance bond or other surety instrument satisfactory to the Town, in an amount approved by the Town Manager, to assure maintenance, repair, or reconstruction necessary for adequate performance of the engineered stormwater controls.
E. The owners' or homeowners' association shall be responsible for arranging for annual inspections of all ponds by an appropriately certified engineer, to determine whether the ponds and associated structures are operating acceptably according to design requirements, and to report findings of said inspections to the Town Manager, with such recommendations for maintenance repair as may be warranted. Any needed repairs shall be completed within 120 days unless otherwise approved by the Town Manager. Restrictive covenants shall be recorded which shall identify these responsibilities of the owners' or homeowners' association, including pond maintenance.
F. Maintenance of the ponds shall be the responsibility of the applicant or a property/homeowners' association. A maintenance plan shall be provided for each of the retention ponds, to be approved by the Town Manager. The plans shall address inspection, maintenance intervals, type of equipment required, access to each pond, and related matters.
G. As part of the application for Final Plan Approval, the applicant shall provide an up-to-date cumulative total of impervious surfaces within the sub-basin.
H. The minimum permanent pool depth shall be at least three (3) feet in addition to enough volume to store the accumulated sediment between clean out periods.
I. All sediment deposited in the ponds during construction activity on contributing sites must be removed before "normal" pond operation begins.
J. Emergency drains shall be installed in all ponds to allow access for repairs and sediment removal as necessary.
K. Anti-seepage collars shall be used on any structures penetrating dams or water retaining embankments.
L. That no ponds be created within the perimeter landscape buffer required for the Meadowmont Development.
M. That the ponds be located and designed such that damage to existing large trees can be minimized.
18. Watershed Protection District: That the applicant provide a method and format approved by the Town Manager for a continual tally of the impervious surface on the site to ensure that the project is always in compliance with the Watershed Protection District requirements, prior to the issuance of a Zoning Compliance Permit for the Meadowmont Affordable Townhomes development,
19. Stormwater Management Plan: A stormwater management plan, based on a 25-year storm, shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The post-development stormwater run-off rate shall not exceed the pre-development rate for all non-residential use. Stormwater calculations should be determined using methods acceptable to the Town Manager.
Miscellaneous Stipulations
20. Fireflow: That a detailed hydrant plan and fire flow report, certified by an engineer registered in North Carolina, shall be required prior to the issuance of a Zoning Compliance Permit.
21. Ownership and Responsibilities of Buildings, Parking Lots and Common Areas:
A. That an owners’ association be created for the maintenance and regulation of the buildings and common areas, including the parking lot and drive aisles. All property owners owning dwelling units within the Townhomes development shall be represented in the owners’ association. This owners’ association shall have maintenance responsibilities for the dwelling units and common areas
B. The documents creating this owners’ association entity shall be reviewed for approval by the Town Manager, and shall be recorded in the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.
22. Solid Waste Management Plan: That a detailed Solid Waste Management Plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
23. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), landscape plans, and landscape maintenance plans be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable regulations and the design standards of the Development Ordinance and the Design Manual.
24. Certificates of Occupancy: That no Certificates of Occupancy be issued until all required public improvements are complete; and that a note to this effect shall be placed on the final plat.
If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; and no Building Permits will be issued for any phase until all public improvements required in previous phases are completed to a point adjacent to the new phase. A note to this effect shall be placed on the final plat.
25. Sight Triangle Easements: That sight triangle easements be provided on the final plat.
26. New Streets - Traffic Signs: That the property owners shall be responsible for placement and maintenance of temporary regulatory signs, including street name signs, before issuance of any Certificates of Occupancy until such time that the street system is accepted for maintenance by the Town.
27. New Street Names and Numbers: That the name of the development and its streets and house/building numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
28. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modifications of the plans if necessary be reviewed and approved by the Orange County Erosion Control officer prior to issuance of a Zoning Compliance Permit.
29. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
30. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.
31. Mass Transit Sign Required: That the applicant post an information sign (not to exceed 4 square feet of display area) at the eastern end of the eastern parking lot, explaining that a 50-foot easement is reserved for a future mass transit corridor on the land located between the edge of the parking lot and Meadowmont Lane.
32. Identification of Mass Transit Easement: That a note shall be placed on the final plat, identifying the location of the 50-foot wide mass transit easement, and indicating the proximity of the easternmost dwelling unit to the western edge of the easement.
33. Energy Management: That an energy management program generally consistent with guidelines submitted by the applicant, designed to minimize energy consumption, be prepared and submitted to the Town Manager as part of final plans, prior to issuance of a Zoning Compliance Permit.
34. Open Burning: That the open burning of trees, limbs, stumps and construction debris associated with this development is prohibited.
35. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
36. Non-Severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED that the Council hereby approves the Special Use Permit for the Meadowmont Affordable Townhomes development.
This the 24th day of January, 2000.
RESOLUTION B
(Planning Board Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE MEADOWMONT AFFORDABLE TOWNHOMES (File: 52..6)
(2000-01-24/R-7b)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit proposed by Orange Community Housing Corporation on property identified as Orange County, Chapel Hill Township Tax Map 52, part of Lot 6; if developed according to the Site Plan, dated July 2, 1999 and revised on October 29, 1999, and January 17, 2000, and the conditions listed below:
1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Article 12, 13, 14, and 18, and with all other applicable regulations;
3. Would be located, designed, and 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 Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Special Use Permit for the Meadowmont Affordable Townhomes in accordance with the plans listed above and the conditions listed below:
Stipulations Specific to the Development
1. Construction Deadline: That construction begin by January 24, 2005, and be completed by January 24, 2010.
2. Land Use Intensity: This Special Use Permit approves:
· Gross Land Area: 120,440 square feet
· Number of Dwelling Units: 32
· Floor Area: 36,493 square feet
· Outdoor Space: 106,312 square feet
· Livability Space: 32,007 square feet
· Number of Buildings: 5
· Number of Parking Spaces: 58
3. Approval of Cross-Access Agreements: That a shared, vehicular and pedestrian ingress, egress and regress agreement which permits vehicular travel over all relevant driveways and drive aisles between this site and the Village Center, shall be approved by the Town Manager and recorded at the Orange County Register of Deeds Office; and that copies of these agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.
5. Provision of 26-Foot Buffer: That the easternmost unit of Building # 1 be located a minimum of 26 feet from the edge of the mass transit easement.
6. Transportation Related Improvements:
A. That Meadowmont Lane be constructed from Highway 54 to the intersection of Residential Collector Road prior to the issuance of a Certificate of Occupancy for the Meadowmont Affordable Townhomes.
B. That the portion of Residential Collector Road from Meadowmont Lane to the entrance to the Meadowmont Affordable Townhomes be constructed prior to the issuance of a Certificate of Occupancy for the Meadowmont Affordable Townhomes.
C. That the applicant provide a street sign, on-street parking, and pavement marking plan for approval by the Town Manager prior to the issuance of a Zoning Compliance Permit and that the signs and pavement markings be installed by the applicant prior to issuance of a Certificate of Occupancy.
D. That all parking lots be designed to meet Town standards for pavement design and dimensions unless an alternate design is approved by the Town Manager.
7. Sidewalk Related Improvement: That a sidewalk be provided to the dumpster pad.
Stipulations Related to State and Federal Government Approvals
8. State or Federal Approvals: That any required State or federal permits or encroachment agreements (including, but not limited to those needed for improvements to Meadowmont Lane, Highway 54, for pond and dam construction, for stormwater management and erosion control, for crossings over/under Highway 54, for disturbance related to the listed archaeological site, for water and sewer extension, and for development in the wetlands and Watershed Protection District) be approved by the appropriate agencies and copies of the approved permits and agreements be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit for the subject phase of development.
9. NCDOT Approvals: That plans for improvements to State-maintained roads, including landscaping and utility plans, be approved by NCDOT prior to issuance of a Zoning Compliance Permit for the subject phase of development.
Stipulations Related to Landscape Elements
10. Additional Landscaping Adjacent to Mass Transit Easement: That dense evergreen landscaping shall be provided between the dwelling unit and the parking lot located at the eastern edge of the site, and the 50-foot mass transit easement. This additional landscaping shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
11. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
12. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit and that the Plan. This plan shall include areas of vegetation to be preserved; critical root zones of the significant trees on the site; the anticipated clearing limit lines; proposed grading; proposed utility lines; a detail of protective fencing; and construction parking and materials staging/storage areas. The plan shall show the use of tree protection fencing, unless alternate protection measures are approved by the Town Manager, between construction and existing vegetation that is to be preserved.
Stipulations Related to Building Elevations
13. Building Elevation Approval: That detailed building elevations and a site lighting plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.
Stipulations Related to Water, Sewer, and Other Utilities
14. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, TimeWarner Cable, Public Service Company, BellSouth or GTE, and the Town Manager before issuance of a Zoning Compliance Permit. The property owner shall be responsible for assuring that these utilities, including cable television, are extended to serve the development.
Stipulations Related to Watershed Protection and Stormwater Management
15. Permanent Retention Basin Installation:
A. Compliance with the Town Watershed Protection District regulations shall be demonstrated with the provision of multiple permanent ponds. For those portions of the development complying with the Low Density Option identified in the Chapel Hill Development Ordinance, permanent stormwater retention shall not be required. For those portions of the development complying with the High Density Option identified in the Development Ordinance, permanent stormwater retention shall be required in accordance with the requirements of the Development Ordinance.
B. The size, accessibility, location and design of each pond shall be approved by the Town Manager.
C. These wet retention ponds shall meet or exceed the North Carolina Division of Environmental Management requirements and shall be designed so as to be approved by the Division of Environmental Management, the North Carolina Division of Water Quality, the Army Corps of Engineers, and the Town Manager.
D. The property owner shall post a performance bond or other surety instrument satisfactory to the Town, in an amount approved by the Town Manager, to assure maintenance, repair, or reconstruction necessary for adequate performance of the engineered stormwater controls.
E. The owners' or homeowners' association shall be responsible for arranging for annual inspections of all ponds by an appropriately certified engineer, to determine whether the ponds and associated structures are operating acceptably according to design requirements, and to report findings of said inspections to the Town Manager, with such recommendations for maintenance repair as may be warranted. Any needed repairs shall be completed within 120 days unless otherwise approved by the Town Manager. Restrictive covenants shall be recorded which shall identify these responsibilities of the owners' or homeowners' association, including pond maintenance.
F. Maintenance of the ponds shall be the responsibility of the applicant or a property/homeowners' association. A maintenance plan shall be provided for each of the retention ponds, to be approved by the Town Manager. The plans shall address inspection, maintenance intervals, type of equipment required, access to each pond, and related matters.
G. As part of the application for Final Plan Approval, the applicant shall provide an up-to-date cumulative total of impervious surfaces within the sub-basin.
H. The minimum permanent pool depth shall be at least three (3) feet in addition to enough volume to store the accumulated sediment between clean out periods.
I. All sediment deposited in the ponds during construction activity on contributing sites must be removed before "normal" pond operation begins.
J. Emergency drains shall be installed in all ponds to allow access for repairs and sediment removal as necessary.
K. Anti-seepage collars shall be used on any structures penetrating dams or water retaining embankments.
L. That no ponds be created within the perimeter landscape buffer required for the Meadowmont Development.
M. That the ponds be located and designed such that damage to existing large trees can be minimized.
16. Watershed Protection District: That the applicant provide a method and format approved by the Town Manager for a continual tally of the impervious surface on the site to ensure that the project is always in compliance with the Watershed Protection District requirements, prior to the issuance of a Zoning Compliance Permit for the Meadowmont Affordable Townhomes development,
17. Stormwater Management Plan: A stormwater management plan, based on a 25-year storm, shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The post-development stormwater run-off rate shall not exceed the pre-development rate for all non-residential use. Stormwater calculations should be determined using methods acceptable to the Town Manager.
Miscellaneous Stipulations
18. Fireflow: That a detailed hydrant plan and fire flow report, certified by an engineer registered in North Carolina, shall be required prior to the issuance of a Zoning Compliance Permit.
19. Ownership and Responsibilities of Buildings, Parking Lots and Common Areas:
A. That an owners’ association be created for the maintenance and regulation of the buildings and common areas, including the parking lot and drive aisles. All property owners owning dwelling units within the Townhomes development shall be represented in the owners’ association. This owners’ association shall have maintenance responsibilities for the dwelling units and common areas
B. The documents creating this owners’ association entity shall be reviewed for approval by the Town Manager, and shall be recorded in the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.
20. Solid Waste Management Plan: That a detailed Solid Waste Management Plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
21. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), landscape plans, and landscape maintenance plans be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable regulations and the design standards of the Development Ordinance and the Design Manual.
22. Certificates of Occupancy: That no Certificates of Occupancy be issued until all required public improvements are complete; and that a note to this effect shall be placed on the final plat.
If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; and no Building Permits will be issued for any phase until all public improvements required in previous phases are completed to a point adjacent to the new phase. A note to this effect shall be placed on the final plat.
23. Sight Triangle Easements: That sight triangle easements be provided on the final plat.
24. New Streets - Traffic Signs: That the property owners shall be responsible for placement and maintenance of temporary regulatory signs, including street name signs, before issuance of any Certificates of Occupancy until such time that the street system is accepted for maintenance by the Town.
25. New Street Names and Numbers: That the name of the development and its streets and house/building numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
26. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modifications of the plans if necessary be reviewed and approved by the Orange County Erosion Control officer prior to issuance of a Zoning Compliance Permit.
27. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
28. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.
29. Mass Transit Sign Required: That the applicant post an information sign (not to exceed 4 square feet of display area) at the eastern end of the eastern parking lot, explaining that a 50-foot easement is reserved for a future mass transit corridor on the land located between the edge of the parking lot and Meadowmont Lane.
30. Identification of Mass Transit Easement: That a note shall be placed on the final plat, identifying the location of the 50-foot wide mass transit easement, and indicating the proximity of the easternmost dwelling unit to the western edge of the easement.
31. Energy Management: That an energy management program generally consistent with guidelines submitted by the applicant, designed to minimize energy consumption, be prepared and submitted to the Town Manager as part of final plans, prior to issuance of a Zoning Compliance Permit.
32. Open Burning: That the open burning of trees, limbs, stumps and construction debris associated with this development is prohibited.
33. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
34. Non-Severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED that the Council hereby approves the Special Use Permit for the Meadowmont Affordable Townhomes development.
This the 24th day of January, 2000.
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RESOLUTION C
(Transportation Board Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE MEADOWMONT AFFORDABLE TOWNHOMES (File: 52..6)
(2000-01-24/R-7c)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit proposed by Orange Community Housing Corporation on property identified as Orange County, Chapel Hill Township Tax Map 52, part of Lot 6; if developed according to the Site Plan, dated July 2, 1999 and revised on October 29, 1999, and January 17, 2000, and the conditions listed below:
1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Article 12, 13, 14, and 18, and with all other applicable regulations;
3. Would be located, designed, and 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 Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Special Use Permit for the Meadowmont Affordable Townhomes in accordance with the plans listed above and the conditions listed below:
Stipulations Specific to the Development
1. Construction Deadline: That construction begin by January 24, 2005, and be completed by January 24, 2010.
2. Land Use Intensity: This Special Use Permit approves:
· Gross Land Area: 120,440 square feet
· Number of Dwelling Units: 32
· Floor Area: 36,493 square feet
· Outdoor Space: 106,312 square feet
· Livability Space: 32,007 square feet
· Number of Buildings: 5
· Number of On-Site Parking Spaces: 48
· Number of Off-Site Parking Spaces: 7
3. Approval of Cross-Access Agreements: That a shared, vehicular and pedestrian ingress, egress and regress agreement which permits vehicular travel over all relevant driveways and drive aisles between this site and the Village Center, shall be approved by the Town Manager and recorded at the Orange County Register of Deeds Office; and that copies of these agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.
4. Greenway Corridor Open Space: The extension of the northwest building into the 100-foot greenway corridor shall be offset by an equal and compensating triangle of land that shall be reserved as open space behind the southwestern building on the site. In addition, the amount of clearing and grading in the 100-foot greenway, as associated with this project, shall be minimized and/or avoided.
5. Provision of Required Parking Spaces: That the applicant shall be limited to a maximum of 48 on-site parking spaces, in order to promote livability and pedestrian circulation. In order to fulfill the required minimum of 55 parking spaces required for this development, the applicant shall provide documentation of at least 7 off-site parking spaces that are located within 1,200 feet walking distance of the site, to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.
Required Improvements
6. Transportation Related Improvements:
A. That Meadowmont Lane be constructed from Highway 54 to the intersection of Residential Collector Road prior to the issuance of a Certificate of Occupancy for the Meadowmont Affordable Townhomes.
B. That the portion of Residential Collector Road from Meadowmont Lane to the entrance to the Meadowmont Affordable Townhomes be constructed prior to the issuance of a Certificate of Occupancy for the Meadowmont Affordable Townhomes.
C. That the applicant provide a street sign, on-street parking, and pavement marking plan for approval by the Town Manager prior to the issuance of a Zoning Compliance Permit and that the signs and pavement markings be installed by the applicant prior to issuance of a Certificate of Occupancy.
D. That all parking lots be designed to meet Town standards for pavement design and dimensions unless an alternate design is approved by the Town Manager.
7. Sidewalk Related Improvements:
A. That sidewalks be provided along the southern edge of the two buildings (Buildings # 2 and # 3) that face the entrance road.
B. That a sidewalk be provided to the dumpster pad.
Stipulations Related to State and Federal Government Approvals
8. State or Federal Approvals: That any required State or federal permits or encroachment agreements (including, but not limited to those needed for improvements to Meadowmont Lane, Highway 54, for pond and dam construction, for stormwater management and erosion control, for crossings over/under Highway 54, for disturbance related to the listed archaeological site, for water and sewer extension, and for development in the wetlands and Watershed Protection District) be approved by the appropriate agencies and copies of the approved permits and agreements be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit for the subject phase of development.
9. NCDOT Approvals: That plans for improvements to State-maintained roads, including landscaping and utility plans, be approved by NCDOT prior to issuance of a Zoning Compliance Permit for the subject phase of development.
Stipulations Related to Landscape Elements
10. Additional Landscaping Adjacent to Mass Transit Easement: That dense evergreen landscaping shall be provided between the dwelling unit and the parking lot located at the eastern edge of the site, and the 50-foot mass transit easement. This additional landscaping shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
11. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
12. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit and that the Plan. This plan shall include areas of vegetation to be preserved; critical root zones of the significant trees on the site; the anticipated clearing limit lines; proposed grading; proposed utility lines; a detail of protective fencing; and construction parking and materials staging/storage areas. The plan shall show the use of tree protection fencing, unless alternate protection measures are approved by the Town Manager, between construction and existing vegetation that is to be preserved.
Stipulations Related to Building Elevations
13. Building Elevation Approval: That detailed building elevations and a site lighting plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.
Stipulations Related to Water, Sewer, and Other Utilities
14. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, TimeWarner Cable, Public Service Company, BellSouth or GTE, and the Town Manager before issuance of a Zoning Compliance Permit. The property owner shall be responsible for assuring that these utilities, including cable television, are extended to serve the development.
Stipulations Related to Watershed Protection and Stormwater Management
15. Permanent Retention Basin Installation:
A. Compliance with the Town Watershed Protection District regulations shall be demonstrated with the provision of multiple permanent ponds. For those portions of the development complying with the Low Density Option identified in the Chapel Hill Development Ordinance, permanent stormwater retention shall not be required. For those portions of the development complying with the High Density Option identified in the Development Ordinance, permanent stormwater retention shall be required in accordance with the requirements of the Development Ordinance.
B. The size, accessibility, location and design of each pond shall be approved by the Town Manager.
C. These wet retention ponds shall meet or exceed the North Carolina Division of Environmental Management requirements and shall be designed so as to be approved by the Division of Environmental Management, the North Carolina Division of Water Quality, the Army Corps of Engineers, and the Town Manager.
D. The property owner shall post a performance bond or other surety instrument satisfactory to the Town, in an amount approved by the Town Manager, to assure maintenance, repair, or reconstruction necessary for adequate performance of the engineered stormwater controls.
E. The owners' or homeowners' association shall be responsible for arranging for annual inspections of all ponds by an appropriately certified engineer, to determine whether the ponds and associated structures are operating acceptably according to design requirements, and to report findings of said inspections to the Town Manager, with such recommendations for maintenance repair as may be warranted. Any needed repairs shall be completed within 120 days unless otherwise approved by the Town Manager. Restrictive covenants shall be recorded which shall identify these responsibilities of the owners' or homeowners' association, including pond maintenance.
F. Maintenance of the ponds shall be the responsibility of the applicant or a property/homeowners' association. A maintenance plan shall be provided for each of the retention ponds, to be approved by the Town Manager. The plans shall address inspection, maintenance intervals, type of equipment required, access to each pond, and related matters.
G. As part of the application for Final Plan Approval, the applicant shall provide an up-to-date cumulative total of impervious surfaces within the sub-basin.
H. The minimum permanent pool depth shall be at least three (3) feet in addition to enough volume to store the accumulated sediment between clean out periods.
I. All sediment deposited in the ponds during construction activity on contributing sites must be removed before "normal" pond operation begins.
J. Emergency drains shall be installed in all ponds to allow access for repairs and sediment removal as necessary.
K. Anti-seepage collars shall be used on any structures penetrating dams or water retaining embankments.
L. That no ponds be created within the perimeter landscape buffer required for the Meadowmont Development.
M. That the ponds be located and designed such that damage to existing large trees can be minimized.
16. Watershed Protection District: That the applicant provide a method and format approved by the Town Manager for a continual tally of the impervious surface on the site to ensure that the project is always in compliance with the Watershed Protection District requirements, prior to the issuance of a Zoning Compliance Permit for the Meadowmont Affordable Townhomes development,
17. Stormwater Management Plan: A stormwater management plan, based on a 25-year storm, shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The post-development stormwater run-off rate shall not exceed the pre-development rate for all non-residential use. Stormwater calculations should be determined using methods acceptable to the Town Manager.
Miscellaneous Stipulations
18. Fireflow: That a detailed hydrant plan and fire flow report, certified by an engineer registered in North Carolina, shall be required prior to the issuance of a Zoning Compliance Permit.
19. Ownership and Responsibilities of Buildings, Parking Lots and Common Areas:
A. That an owners’ association be created for the maintenance and regulation of the buildings and common areas, including the parking lot and drive aisles. All property owners owning dwelling units within the Townhomes development shall be represented in the owners’ association. This owners’ association shall have maintenance responsibilities for the dwelling units and common areas
B. The documents creating this owners’ association entity shall be reviewed for approval by the Town Manager, and shall be recorded in the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.
20. Solid Waste Management Plan: That a detailed Solid Waste Management Plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
21. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), landscape plans, and landscape maintenance plans be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable regulations and the design standards of the Development Ordinance and the Design Manual.
22. Certificates of Occupancy: That no Certificates of Occupancy be issued until all required public improvements are complete; and that a note to this effect shall be placed on the final plat.
If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; and no Building Permits will be issued for any phase until all public improvements required in previous phases are completed to a point adjacent to the new phase. A note to this effect shall be placed on the final plat.
23. Sight Triangle Easements: That sight triangle easements be provided on the final plat.
24. New Streets - Traffic Signs: That the property owners shall be responsible for placement and maintenance of temporary regulatory signs, including street name signs, before issuance of any Certificates of Occupancy until such time that the street system is accepted for maintenance by the Town.
25. New Street Names and Numbers: That the name of the development and its streets and house/building numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
26. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modifications of the plans if necessary be reviewed and approved by the Orange County Erosion Control officer prior to issuance of a Zoning Compliance Permit.
27. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
28. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.
29. Mass Transit Sign Required: That the applicant post an information sign (not to exceed 4 square feet of display area) at the eastern end of the eastern parking lot, explaining that a 50-foot easement is reserved for a future mass transit corridor on the land located between the edge of the parking lot and Meadowmont Lane.
30. Identification of Mass Transit Easement: That a note shall be placed on the final plat, identifying the location of the 50-foot wide mass transit easement, and indicating the proximity of the easternmost dwelling unit to the western edge of the easement.
31. Energy Management: That an energy management program generally consistent with guidelines submitted by the applicant, designed to minimize energy consumption, be prepared and submitted to the Town Manager as part of final plans, prior to issuance of a Zoning Compliance Permit.
32. Open Burning: That the open burning of trees, limbs, stumps and construction debris associated with this development is prohibited.
33. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
34. Non-Severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED that the Council hereby approves the Special Use Permit for the Meadowmont Affordable Townhomes development.
This the 24th day of January, 2000.
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RESOLUTION D
(Community Design Commission Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE MEADOWMONT AFFORDABLE TOWNHOMES (File: 52..6)
(2000-01-24/R-7d)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit proposed by Orange Community Housing Corporation on property identified as Orange County, Chapel Hill Township Tax Map 52, part of Lot 6; if developed according to the Site Plan, dated July 2, 1999 and revised on October 29, 1999, and January 17, 2000, and the conditions listed below:
1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Article 12, 13, 14, and 18, and with all other applicable regulations;
3. Would be located, designed, and 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 Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Special Use Permit for the Meadowmont Affordable Townhomes in accordance with the plans listed above and the conditions listed below:
Stipulations Specific to the Development
1. Construction Deadline: That construction begin by January 24, 2005, and be completed by January 24, 2010.
2. Land Use Intensity: This Special Use Permit approves:
· Gross Land Area: 120,440 square feet
· Number of Dwelling Units: 32
· Floor Area: 36,493 square feet
· Outdoor Space: 106,312 square feet
· Livability Space: 32,007 square feet
· Number of Buildings: 5
· Number of Parking Spaces: 55
3. Approval of Cross-Access Agreements: That a shared, vehicular and pedestrian ingress, egress and regress agreement which permits vehicular travel over all relevant driveways and drive aisles between this site and the Village Center, shall be approved by the Town Manager and recorded at the Orange County Register of Deeds Office; and that copies of these agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.
5. Relocation of Easternmost Dwelling Unit: That the easternmost dwelling unit be moved to the western edge of the site.
6. Removal of Parking Spaces: That the three (3) northwestern parking spaces in the eastern parking lot be eliminated in order to provide additional outdoor space for this development.
7. Transportation Related Improvements:
A. That Meadowmont Lane be constructed from Highway 54 to the intersection of Residential Collector Road prior to the issuance of a Certificate of Occupancy for the Meadowmont Affordable Townhomes.
B. That the portion of Residential Collector Road from Meadowmont Lane to the entrance to the Meadowmont Affordable Townhomes be constructed prior to the issuance of a Certificate of Occupancy for the Meadowmont Affordable Townhomes.
C. That the applicant provide a street sign, on-street parking, and pavement marking plan for approval by the Town Manager prior to the issuance of a Zoning Compliance Permit and that the signs and pavement markings be installed by the applicant prior to issuance of a Certificate of Occupancy.
D. That all parking lots be designed to meet Town standards for pavement design and dimensions unless an alternate design is approved by the Town Manager.
E. That special pavement treatment be utilized at the two entrances to this site, to assist with traffic-calming.
8. Sidewalk Related Improvement: That a sidewalk be provided to the dumpster pad.
Stipulations Related to State and Federal Government Approvals
9. State or Federal Approvals: That any required State or federal permits or encroachment agreements (including, but not limited to those needed for improvements to Meadowmont Lane, Highway 54, for pond and dam construction, for stormwater management and erosion control, for crossings over/under Highway 54, for disturbance related to the listed archaeological site, for water and sewer extension, and for development in the wetlands and Watershed Protection District) be approved by the appropriate agencies and copies of the approved permits and agreements be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit for the subject phase of development.
10. NCDOT Approvals: That plans for improvements to State-maintained roads, including landscaping and utility plans, be approved by NCDOT prior to issuance of a Zoning Compliance Permit for the subject phase of development.
Stipulations Related to Landscape Elements
11. Additional Landscaping Adjacent to Mass Transit Easement: That dense evergreen landscaping shall be provided between the dwelling unit and the parking lot located at the eastern edge of the site, and the 50-foot mass transit easement. This additional landscaping shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
12. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
13. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit and that the Plan. This plan shall include areas of vegetation to be preserved; critical root zones of the significant trees on the site; the anticipated clearing limit lines; proposed grading; proposed utility lines; a detail of protective fencing; and construction parking and materials staging/storage areas. The plan shall show the use of tree protection fencing, unless alternate protection measures are approved by the Town Manager, between construction and existing vegetation that is to be preserved.
Stipulations Related to Building Elevations
14. Building Elevation Approval: That detailed building elevations and a site lighting plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.
Stipulations Related to Water, Sewer, and Other Utilities
15. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, TimeWarner Cable, Public Service Company, BellSouth or GTE, and the Town Manager before issuance of a Zoning Compliance Permit. The property owner shall be responsible for assuring that these utilities, including cable television, are extended to serve the development.
Stipulations Related to Watershed Protection and Stormwater Management
16. Permanent Retention Basin Installation:
A. Compliance with the Town Watershed Protection District regulations shall be demonstrated with the provision of multiple permanent ponds. For those portions of the development complying with the Low Density Option identified in the Chapel Hill Development Ordinance, permanent stormwater retention shall not be required. For those portions of the development complying with the High Density Option identified in the Development Ordinance, permanent stormwater retention shall be required in accordance with the requirements of the Development Ordinance.
B. The size, accessibility, location and design of each pond shall be approved by the Town Manager.
C. These wet retention ponds shall meet or exceed the North Carolina Division of Environmental Management requirements and shall be designed so as to be approved by the Division of Environmental Management, the North Carolina Division of Water Quality, the Army Corps of Engineers, and the Town Manager.
D. The property owner shall post a performance bond or other surety instrument satisfactory to the Town, in an amount approved by the Town Manager, to assure maintenance, repair, or reconstruction necessary for adequate performance of the engineered stormwater controls.
E. The owners' or homeowners' association shall be responsible for arranging for annual inspections of all ponds by an appropriately certified engineer, to determine whether the ponds and associated structures are operating acceptably according to design requirements, and to report findings of said inspections to the Town Manager, with such recommendations for maintenance repair as may be warranted. Any needed repairs shall be completed within 120 days unless otherwise approved by the Town Manager. Restrictive covenants shall be recorded which shall identify these responsibilities of the owners' or homeowners' association, including pond maintenance.
F. Maintenance of the ponds shall be the responsibility of the applicant or a property/homeowners' association. A maintenance plan shall be provided for each of the retention ponds, to be approved by the Town Manager. The plans shall address inspection, maintenance intervals, type of equipment required, access to each pond, and related matters.
G. As part of the application for Final Plan Approval, the applicant shall provide an up-to-date cumulative total of impervious surfaces within the sub-basin.
H. The minimum permanent pool depth shall be at least three (3) feet in addition to enough volume to store the accumulated sediment between clean out periods.
I. All sediment deposited in the ponds during construction activity on contributing sites must be removed before "normal" pond operation begins.
J. Emergency drains shall be installed in all ponds to allow access for repairs and sediment removal as necessary.
K. Anti-seepage collars shall be used on any structures penetrating dams or water retaining embankments.
L. That no ponds be created within the perimeter landscape buffer required for the Meadowmont Development.
M. That the ponds be located and designed such that damage to existing large trees can be minimized.
17. Watershed Protection District: That the applicant provide a method and format approved by the Town Manager for a continual tally of the impervious surface on the site to ensure that the project is always in compliance with the Watershed Protection District requirements, prior to the issuance of a Zoning Compliance Permit for the Meadowmont Affordable Townhomes development,
18. Stormwater Management Plan: A stormwater management plan, based on a 25-year storm, shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The post-development stormwater run-off rate shall not exceed the pre-development rate for all non-residential use. Stormwater calculations should be determined using methods acceptable to the Town Manager.
Miscellaneous Stipulations
19. Fireflow: That a detailed hydrant plan and fire flow report, certified by an engineer registered in North Carolina, shall be required prior to the issuance of a Zoning Compliance Permit.
20. Ownership and Responsibilities of Buildings, Parking Lots and Common Areas:
A. That an owners’ association be created for the maintenance and regulation of the buildings and common areas, including the parking lot and drive aisles. All property owners owning dwelling units within the Townhomes development shall be represented in the owners’ association. This owners’ association shall have maintenance responsibilities for the dwelling units and common areas
B. The documents creating this owners’ association entity shall be reviewed for approval by the Town Manager, and shall be recorded in the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.
21. Solid Waste Management Plan: That a detailed Solid Waste Management Plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
22. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), landscape plans, and landscape maintenance plans be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable regulations and the design standards of the Development Ordinance and the Design Manual.
23. Certificates of Occupancy: That no Certificates of Occupancy be issued until all required public improvements are complete; and that a note to this effect shall be placed on the final plat.
If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; and no Building Permits will be issued for any phase until all public improvements required in previous phases are completed to a point adjacent to the new phase. A note to this effect shall be placed on the final plat.
24. Sight Triangle Easements: That sight triangle easements be provided on the final plat.
25. New Streets - Traffic Signs: That the property owners shall be responsible for placement and maintenance of temporary regulatory signs, including street name signs, before issuance of any Certificates of Occupancy until such time that the street system is accepted for maintenance by the Town.
26. New Street Names and Numbers: That the name of the development and its streets and house/building numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
27. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modifications of the plans if necessary be reviewed and approved by the Orange County Erosion Control officer prior to issuance of a Zoning Compliance Permit.
28. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
29. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.
30. Mass Transit Sign Required: That the applicant post an information sign (not to exceed 4 square feet of display area) at the eastern end of the eastern parking lot, explaining that a 50-foot easement is reserved for a future mass transit corridor on the land located between the edge of the parking lot and Meadowmont Lane.
31. Identification of Mass Transit Easement: That a note shall be placed on the final plat, identifying the location of the 50-foot wide mass transit easement, and indicating the proximity of the easternmost dwelling unit to the western edge of the easement.
32. Energy Management: That an energy management program generally consistent with guidelines submitted by the applicant, designed to minimize energy consumption, be prepared and submitted to the Town Manager as part of final plans, prior to issuance of a Zoning Compliance Permit.
33. Open Burning: That the open burning of trees, limbs, stumps and construction debris associated with this development is prohibited.
34. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
35. Non-Severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED that the Council hereby approves the Special Use Permit for the Meadowmont Affordable Townhomes development.
This the 24th day of January, 2000.
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RESOLUTION E
(Parks and Recreation Commission Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE MEADOWMONT AFFORDABLE TOWNHOMES (File: 52..6)
(2000-01-24/R-7e)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit proposed by Orange Community Housing Corporation on property identified as Orange County, Chapel Hill Township Tax Map 52, part of Lot 6; if developed according to the Site Plan, dated July 2, 1999 and revised on October 29, 1999, and January 17, 2000, and the conditions listed below:
1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Article 12, 13, 14, and 18, and with all other applicable regulations;
3. Would be located, designed, and 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 Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Special Use Permit for the Meadowmont Affordable Townhomes in accordance with the plans listed above and the conditions listed below:
Stipulations Specific to the Development
1. Construction Deadline: That construction begin by January 24, 2005, and be completed by January 24, 2010.
2. Land Use Intensity: This Special Use Permit approves:
· Gross Land Area: 120,440 square feet
· Number of Dwelling Units: 32
· Floor Area: 36,493 square feet
· Outdoor Space: 106,312 square feet
· Livability Space: 32,007 square feet
· Number of Buildings: 5
· Number of Parking Spaces: 58
3. Approval of Cross-Access Agreements: That a shared, vehicular and pedestrian ingress, egress and regress agreement which permits vehicular travel over all relevant driveways and drive aisles between this site and the Village Center, shall be approved by the Town Manager and recorded at the Orange County Register of Deeds Office; and that copies of these agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.
5. Transportation Related Improvements:
A. That Meadowmont Lane be constructed from Highway 54 to the intersection of Residential Collector Road prior to the issuance of a Certificate of Occupancy for the Meadowmont Affordable Townhomes.
B. That the portion of Residential Collector Road from Meadowmont Lane to the entrance to the Meadowmont Affordable Townhomes be constructed prior to the issuance of a Certificate of Occupancy for the Meadowmont Affordable Townhomes.
C. That the applicant provide a street sign, on-street parking, and pavement marking plan for approval by the Town Manager prior to the issuance of a Zoning Compliance Permit and that the signs and pavement markings be installed by the applicant prior to issuance of a Certificate of Occupancy.
D. That all parking lots be designed to meet Town standards for pavement design and dimensions unless an alternate design is approved by the Town Manager.
6. Sidewalk Related Improvement: That a sidewalk be provided to the dumpster pad.
7. Bicycle Racks: That eight (8) wave-style bicycle racks to accommodate eight (8) visitor bicycles be provided, with five (5) to be located on the western portion of the site (tot-lot area) and three (3) on the eastern portion of the site.
Stipulations Related to State and Federal Government Approvals
8. State or Federal Approvals: That any required State or federal permits or encroachment agreements (including, but not limited to those needed for improvements to Meadowmont Lane, Highway 54, for pond and dam construction, for stormwater management and erosion control, for crossings over/under Highway 54, for disturbance related to the listed archaeological site, for water and sewer extension, and for development in the wetlands and Watershed Protection District) be approved by the appropriate agencies and copies of the approved permits and agreements be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit for the subject phase of development.
9. NCDOT Approvals: That plans for improvements to State-maintained roads, including landscaping and utility plans, be approved by NCDOT prior to issuance of a Zoning Compliance Permit for the subject phase of development.
Stipulations Related to Landscape Elements
10. Additional Landscaping Adjacent to Mass Transit Easement: That dense evergreen landscaping shall be provided between the dwelling unit and the parking lot located at the eastern edge of the site, and the 50-foot mass transit easement. This additional landscaping shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
11. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
12. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit and that the Plan. This plan shall include areas of vegetation to be preserved; critical root zones of the significant trees on the site; the anticipated clearing limit lines; proposed grading; proposed utility lines; a detail of protective fencing; and construction parking and materials staging/storage areas. The plan shall show the use of tree protection fencing, unless alternate protection measures are approved by the Town Manager, between construction and existing vegetation that is to be preserved.
Stipulations Related to Building Elevations
13. Building Elevation Approval: That detailed building elevations and a site lighting plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.
Stipulations Related to Recreation Space
14. Tot Lot Recreation Space: That a minimum of a 750 square foot tot lot recreation space be provided on the western portion of the site. Improvements shall include play equipment and benches that shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
15. Landscaping/Shubbery: That dense landscaping/shubbery shall be provided along the entire northern edge of the parking lot (9 spaces) in the vicinity of the tot lot recreation area.
Stipulations Related to Water, Sewer, and Other Utilities
16. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, TimeWarner Cable, Public Service Company, BellSouth or GTE, and the Town Manager before issuance of a Zoning Compliance Permit. The property owner shall be responsible for assuring that these utilities, including cable television, are extended to serve the development.
Stipulations Related to Watershed Protection and Stormwater Management
17. Permanent Retention Basin Installation:
A. Compliance with the Town Watershed Protection District regulations shall be demonstrated with the provision of multiple permanent ponds. For those portions of the development complying with the Low Density Option identified in the Chapel Hill Development Ordinance, permanent stormwater retention shall not be required. For those portions of the development complying with the High Density Option identified in the Development Ordinance, permanent stormwater retention shall be required in accordance with the requirements of the Development Ordinance.
B. The size, accessibility, location and design of each pond shall be approved by the Town Manager.
C. These wet retention ponds shall meet or exceed the North Carolina Division of Environmental Management requirements and shall be designed so as to be approved by the Division of Environmental Management, the North Carolina Division of Water Quality, the Army Corps of Engineers, and the Town Manager.
D. The property owner shall post a performance bond or other surety instrument satisfactory to the Town, in an amount approved by the Town Manager, to assure maintenance, repair, or reconstruction necessary for adequate performance of the engineered stormwater controls.
E. The owners' or homeowners' association shall be responsible for arranging for annual inspections of all ponds by an appropriately certified engineer, to determine whether the ponds and associated structures are operating acceptably according to design requirements, and to report findings of said inspections to the Town Manager, with such recommendations for maintenance repair as may be warranted. Any needed repairs shall be completed within 120 days unless otherwise approved by the Town Manager. Restrictive covenants shall be recorded which shall identify these responsibilities of the owners' or homeowners' association, including pond maintenance.
F. Maintenance of the ponds shall be the responsibility of the applicant or a property/homeowners' association. A maintenance plan shall be provided for each of the retention ponds, to be approved by the Town Manager. The plans shall address inspection, maintenance intervals, type of equipment required, access to each pond, and related matters.
G. As part of the application for Final Plan Approval, the applicant shall provide an up-to-date cumulative total of impervious surfaces within the sub-basin.
H. The minimum permanent pool depth shall be at least three (3) feet in addition to enough volume to store the accumulated sediment between clean out periods.
I. All sediment deposited in the ponds during construction activity on contributing sites must be removed before "normal" pond operation begins.
J. Emergency drains shall be installed in all ponds to allow access for repairs and sediment removal as necessary.
K. Anti-seepage collars shall be used on any structures penetrating dams or water retaining embankments.
L. That no ponds be created within the perimeter landscape buffer required for the Meadowmont Development.
M. That the ponds be located and designed such that damage to existing large trees can be minimized.
18. Watershed Protection District: That the applicant provide a method and format approved by the Town Manager for a continual tally of the impervious surface on the site to ensure that the project is always in compliance with the Watershed Protection District requirements, prior to the issuance of a Zoning Compliance Permit for the Meadowmont Affordable Townhomes development,
19. Stormwater Management Plan: A stormwater management plan, based on a 25-year storm, shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The post-development stormwater run-off rate shall not exceed the pre-development rate for all non-residential use. Stormwater calculations should be determined using methods acceptable to the Town Manager.
Miscellaneous Stipulations
20. Fireflow: That a detailed hydrant plan and fire flow report, certified by an engineer registered in North Carolina, shall be required prior to the issuance of a Zoning Compliance Permit.
21. Ownership and Responsibilities of Buildings, Parking Lots and Common Areas:
A. That an owners’ association be created for the maintenance and regulation of the buildings and common areas, including the parking lot and drive aisles. All property owners owning dwelling units within the Townhomes development shall be represented in the owners’ association. This owners’ association shall have maintenance responsibilities for the dwelling units and common areas.
B. The documents creating this owners’ association entity shall be reviewed for approval by the Town Manager, and shall be recorded in the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.
22. Solid Waste Management Plan: That a detailed Solid Waste Management Plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
23. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), landscape plans, and landscape maintenance plans be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable regulations and the design standards of the Development Ordinance and the Design Manual.
24. Certificates of Occupancy: That no Certificates of Occupancy be issued until all required public improvements are complete; and that a note to this effect shall be placed on the final plat.
If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; and no Building Permits will be issued for any phase until all public improvements required in previous phases are completed to a point adjacent to the new phase. A note to this effect shall be placed on the final plat.
25. Sight Triangle Easements: That sight triangle easements be provided on the final plat.
26. New Streets - Traffic Signs: That the property owners shall be responsible for placement and maintenance of temporary regulatory signs, including street name signs, before issuance of any Certificates of Occupancy until such time that the street system is accepted for maintenance by the Town.
27. New Street Names and Numbers: That the name of the development and its streets and house/building numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
28. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modifications of the plans if necessary be reviewed and approved by the Orange County Erosion Control officer prior to issuance of a Zoning Compliance Permit.
29. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
30. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.
31. Mass Transit Sign Required: That the applicant post an information sign (not to exceed 4 square feet of display area) at the eastern end of the eastern parking lot, explaining that a 50-foot easement is reserved for a future mass transit corridor on the land located between the edge of the parking lot and Meadowmont Lane.
32. Identification of Mass Transit Easement: That a note shall be placed on the final plat, identifying the location of the 50-foot wide mass transit easement, and indicating the proximity of the easternmost dwelling unit to the western edge of the easement.
33. Energy Management: That an energy management program generally consistent with guidelines submitted by the applicant, designed to minimize energy consumption, be prepared and submitted to the Town Manager as part of final plans, prior to issuance of a Zoning Compliance Permit.
34. Open Burning: That the open burning of trees, limbs, stumps and construction debris associated with this development is prohibited.
35. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
36. Non-Severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED that the Council hereby approves the Special Use Permit for the Meadowmont Affordable Townhomes development.
This the 24th day of January, 2000.
RESOLUTION F
(Bicycle and Pedestrian Advisory Board Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE MEADOWMONT AFFORDABLE TOWNHOMES (File: 52..6)
(2000-01-24/R-7f)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit proposed by Orange Community Housing Corporation on property identified as Orange County, Chapel Hill Township Tax Map 52, part of Lot 6; if developed according to the Site Plan, dated July 2, 1999 and revised on October 29, 1999, and January 17, 2000, and the conditions listed below:
1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Article 12, 13, 14, and 18, and with all other applicable regulations;
3. Would be located, designed, and 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 Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Special Use Permit for the Meadowmont Affordable Townhomes in accordance with the plans listed above and the conditions listed below:
Stipulations Specific to the Development
1. Construction Deadline: That construction begin by January 24, 2005, and be completed by January 24, 2010.
2. Land Use Intensity: This Special Use Permit approves:
· Gross Land Area: 120,440 square feet
· Number of Dwelling Units: 32
· Floor Area: 36,493 square feet
· Outdoor Space: 106,312 square feet
· Livability Space: 32,007 square feet
· Number of Buildings: 5
· Number of Parking Spaces: 58
3. Approval of Cross-Access Agreements: That a shared, vehicular and pedestrian ingress, egress and regress agreement which permits vehicular travel over all relevant driveways and drive aisles between this site and the Village Center, shall be approved by the Town Manager and recorded at the Orange County Register of Deeds Office; and that copies of these agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.
5. Transportation Related Improvements:
A. That Meadowmont Lane be constructed from Highway 54 to the intersection of Residential Collector Road prior to the issuance of a Certificate of Occupancy for the Meadowmont Affordable Townhomes.
B. That the portion of Residential Collector Road from Meadowmont Lane to the entrance to the Meadowmont Affordable Townhomes be constructed prior to the issuance of a Certificate of Occupancy for the Meadowmont Affordable Townhomes.
C. That the applicant provide a street sign, on-street parking, and pavement marking plan for approval by the Town Manager prior to the issuance of a Zoning Compliance Permit and that the signs and pavement markings be installed by the applicant prior to issuance of a Certificate of Occupancy.
D. That all parking lots be designed to meet Town standards for pavement design and dimensions unless an alternate design is approved by the Town Manager.
6. Sidewalk Related Improvement: That a sidewalk be provided to the dumpster pad.
7. Bicycle Racks: That wave-style bicycle racks that accommodate a total of eight (8) visitor bicycles be provided, with a rack for five (5) bicycles to be located on the western portion of the site (tot-lot area) and a rack for three (3) bicycles to be located on the eastern portion of the site.
Stipulations Related to State and Federal Government Approvals
8. State or Federal Approvals: That any required State or federal permits or encroachment agreements (including, but not limited to those needed for improvements to Meadowmont Lane, Highway 54, for pond and dam construction, for stormwater management and erosion control, for crossings over/under Highway 54, for disturbance related to the listed archaeological site, for water and sewer extension, and for development in the wetlands and Watershed Protection District) be approved by the appropriate agencies and copies of the approved permits and agreements be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit for the subject phase of development.
9. NCDOT Approvals: That plans for improvements to State-maintained roads, including landscaping and utility plans, be approved by NCDOT prior to issuance of a Zoning Compliance Permit for the subject phase of development.
Stipulations Related to Landscape Elements
10. Additional Landscaping Adjacent to Mass Transit Easement: That dense evergreen landscaping shall be provided between the dwelling unit and the parking lot located at the eastern edge of the site, and the 50-foot mass transit easement. This additional landscaping shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
11. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
12. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit and that the Plan. This plan shall include areas of vegetation to be preserved; critical root zones of the significant trees on the site; the anticipated clearing limit lines; proposed grading; proposed utility lines; a detail of protective fencing; and construction parking and materials staging/storage areas. The plan shall show the use of tree protection fencing, unless alternate protection measures are approved by the Town Manager, between construction and existing vegetation that is to be preserved.
Stipulations Related to Building Elevations
13. Building Elevation Approval: That detailed building elevations and a site lighting plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.
Stipulations Related to Water, Sewer, and Other Utilities
14. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, TimeWarner Cable, Public Service Company, BellSouth or GTE, and the Town Manager before issuance of a Zoning Compliance Permit. The property owner shall be responsible for assuring that these utilities, including cable television, are extended to serve the development.
Stipulations Related to Watershed Protection and Stormwater Management
15. Permanent Retention Basin Installation:
A. Compliance with the Town Watershed Protection District regulations shall be demonstrated with the provision of multiple permanent ponds. For those portions of the development complying with the Low Density Option identified in the Chapel Hill Development Ordinance, permanent stormwater retention shall not be required. For those portions of the development complying with the High Density Option identified in the Development Ordinance, permanent stormwater retention shall be required in accordance with the requirements of the Development Ordinance.
B. The size, accessibility, location and design of each pond shall be approved by the Town Manager.
C. These wet retention ponds shall meet or exceed the North Carolina Division of Environmental Management requirements and shall be designed so as to be approved by the Division of Environmental Management, the North Carolina Division of Water Quality, the Army Corps of Engineers, and the Town Manager.
D. The property owner shall post a performance bond or other surety instrument satisfactory to the Town, in an amount approved by the Town Manager, to assure maintenance, repair, or reconstruction necessary for adequate performance of the engineered stormwater controls.
E. The owners' or homeowners' association shall be responsible for arranging for annual inspections of all ponds by an appropriately certified engineer, to determine whether the ponds and associated structures are operating acceptably according to design requirements, and to report findings of said inspections to the Town Manager, with such recommendations for maintenance repair as may be warranted. Any needed repairs shall be completed within 120 days unless otherwise approved by the Town Manager. Restrictive covenants shall be recorded which shall identify these responsibilities of the owners' or homeowners' association, including pond maintenance.
F. Maintenance of the ponds shall be the responsibility of the applicant or a property/homeowners' association. A maintenance plan shall be provided for each of the retention ponds, to be approved by the Town Manager. The plans shall address inspection, maintenance intervals, type of equipment required, access to each pond, and related matters.
G. As part of the application for Final Plan Approval, the applicant shall provide an up-to-date cumulative total of impervious surfaces within the sub-basin.
H. The minimum permanent pool depth shall be at least three (3) feet in addition to enough volume to store the accumulated sediment between clean out periods.
I. All sediment deposited in the ponds during construction activity on contributing sites must be removed before "normal" pond operation begins.
J. Emergency drains shall be installed in all ponds to allow access for repairs and sediment removal as necessary.
K. Anti-seepage collars shall be used on any structures penetrating dams or water retaining embankments.
L. That no ponds be created within the perimeter landscape buffer required for the Meadowmont Development.
M. That the ponds be located and designed such that damage to existing large trees can be minimized.
16. Watershed Protection District: That the applicant provide a method and format approved by the Town Manager for a continual tally of the impervious surface on the site to ensure that the project is always in compliance with the Watershed Protection District requirements, prior to the issuance of a Zoning Compliance Permit for the Meadowmont Affordable Townhomes development,
17. Stormwater Management Plan: A stormwater management plan, based on a 25-year storm, shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The post-development stormwater run-off rate shall not exceed the pre-development rate for all non-residential use. Stormwater calculations should be determined using methods acceptable to the Town Manager.
Miscellaneous Stipulations
18. Fireflow: That a detailed hydrant plan and fire flow report, certified by an engineer registered in North Carolina, shall be required prior to the issuance of a Zoning Compliance Permit.
19. Ownership and Responsibilities of Buildings, Parking Lots and Common Areas:
A. That an owners’ association be created for the maintenance and regulation of the buildings and common areas, including the parking lot and drive aisles. All property owners owning dwelling units within the Townhomes development shall be represented in the owners’ association. This owners’ association shall have maintenance responsibilities for the dwelling units and common areas.
B. The documents creating this owners’ association entity shall be reviewed for approval by the Town Manager, and shall be recorded in the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.
20. Solid Waste Management Plan: That a detailed Solid Waste Management Plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
21. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), landscape plans, and landscape maintenance plans be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable regulations and the design standards of the Development Ordinance and the Design Manual.
22. Certificates of Occupancy: That no Certificates of Occupancy be issued until all required public improvements are complete; and that a note to this effect shall be placed on the final plat.
If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; and no Building Permits will be issued for any phase until all public improvements required in previous phases are completed to a point adjacent to the new phase. A note to this effect shall be placed on the final plat.
23. Sight Triangle Easements: That sight triangle easements be provided on the final plat.
24. New Streets - Traffic Signs: That the property owners shall be responsible for placement and maintenance of temporary regulatory signs, including street name signs, before issuance of any Certificates of Occupancy until such time that the street system is accepted for maintenance by the Town.
25. New Street Names and Numbers: That the name of the development and its streets and house/building numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
26. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modifications of the plans if necessary be reviewed and approved by the Orange County Erosion Control officer prior to issuance of a Zoning Compliance Permit.
27. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
28. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.
29. Mass Transit Sign Required: That the applicant post an information sign (not to exceed 4 square feet of display area) at the eastern end of the eastern parking lot, explaining that a 50-foot easement is reserved for a future mass transit corridor on the land located between the edge of the parking lot and Meadowmont Lane.
30. Identification of Mass Transit Easement: That a note shall be placed on the final plat, identifying the location of the 50-foot wide mass transit easement, and indicating the proximity of the easternmost dwelling unit to the western edge of the easement.
31. Energy Management: That an energy management program generally consistent with guidelines submitted by the applicant, designed to minimize energy consumption, be prepared and submitted to the Town Manager as part of final plans, prior to issuance of a Zoning Compliance Permit.
32. Open Burning: That the open burning of trees, limbs, stumps and construction debris associated with this development is prohibited.
33. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
34. Non-Severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED that the Council hereby approves the Special Use Permit for the Meadowmont Affordable Townhomes development.
This the 24th day of January, 2000.
RESOLUTION G
(Denying the Special Use Permit Application)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR MEADOWMONT AFFORDABLE TOWNHOMES (File: 52..6)(2000-01-24/R-7g)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit proposed by Orange Community Housing Corporation on property identified as Orange County, Chapel Hill Township Tax Map 52, part of Lot 6; if developed according to the Site Plan, dated July 2, 1999 and revised on October 29, 1999, and January 17, 2000, would not:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Article 12, 13, 14, and 18, and with all other applicable regulations;
3. Be located, designed, and operated so as to maintain or enhance the value of contiguous property; and
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED THAT the Council finds:
[INSERT REASONS HERE]
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for a Special Use Permit for the Meadowmont Affordable Townhomes.
This the 24th day of January, 2000.