AGENDA #7

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: UNC Wellness Center at Meadowmont – Application for Special Use Permit

(File No. 52 – p/o 6)

DATE: February 14, 2000

INTRODUCTION

Tonight the Council continues the Public Hearing from January 19, 2000 regarding an application for Special Use Permit to construct a 52,000 square foot recreation and health center in the Meadowmont Development on the north side of Highway NC 54. Adoption of Resolution A, B, C, D, or E would approve a Special Use Permit. Adoption of Resolution F would deny the request.

This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:

Cover memorandum: Provides background on the development proposal and the Town’s review process, and offers recommendations for Council action.

Attachments: Includes resolutions of approval and denial, comments on issues raised during the January 19, 2000 Public Hearing, and a copy of the January 19^th Public Hearing memorandum and its related attachments.

BACKGROUND

On October 23, 1995, the Town Council approved a Master Land Use Plan for the Meadowmont development. The plan proposed a mix of residential, office, and commercial uses on a 435-acre site. Pursuant to that Master Plan approval, this application for a Special Use Permit has been submitted.

On January 19, 2000, a Public Hearing was held for consideration of a Special Use Permit to construct a 52,000 square foot recreation and health center just west of Meadowmont Lane at Sprunt Road in the Meadowmont Development. 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 January 19^th, 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 January 19^th 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. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Development Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and accordingly should be denied by the Council.

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 of 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 January 19^th 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 January 19^th Public Hearing and additional evidence submitted this evening, the Council decides that it can make the required four findings, the Special Use Permit can be approved.

If the Council decides that sufficient evidence has not been provided to make the 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 January 19^th Public Hearing, we note that further evidence may be submitted this evening.

KEY ISSUES

We believe that the key issues brought forth during the January 19^th Public Hearing were related to number of parking spaces, payment-in-lieu-of-tax, porous pavement, erosion control bond, pedestrian access, and stormwater management. 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 page 8 for a complete discussion.

RECOMMENDATIONS

Recommendations are summarized below. Please see the attached summaries of board actions and recommendations.

Planning Board’s Recommendation: The Planning Board met on December 7, 1999 to review the application and voted 8-0 to recommend approval with the conditions listed in Resolution B, including an emergency access point off Meadowmont Lane. Please see the attached Summary of Planning Board Action.

Transportation Board’s Recommendation: The Transportation Board met on December 7, 1999 to review the application and voted 6-0 to recommend approval with the conditions listed in Resolution C, including an emergency access point off Meadowmont Lane. Please see the attached Summary of Transportation Board Action.

Community Design Commission’s Recommendation: The Community Design Commission met on September 28, 1999 to review the application and voted 5-3 to recommend approval, with a stipulation that a second point of access be provided on Meadowmont Lane, with no emergency-only restriction. The Commission’s recommendation is reflected in Resolution D. Please see the attached Summary of Community Design Commission Action.

Bicycle and Pedestrian Advisory Board’s Recommendation: The Bicycle and Pedestrian Advisory Board met on December 14, 1999 to review the application and voted 7-0 to recommend approval with conditions calling for covered bike racks for 22 bikes, raised crosswalks in the parking lot, and wider landscaped islands adjacent to the walkways leading to the greenway. These stipulations have been included in Resolution E. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.

Manager’s Revised Recommendation: Based on the information in the record to date, we believe the Council could make the findings required to approve the Special Use Permit. However, we note that the purpose of tonight’s hearing is to receive additional information.

Our revised recommendation is that the Council adopt Recommendation A, approving the application with conditions. The following features have been added to Resolution A since the public hearing:

· Requirement for a crosswalk across Meadowmont Lane;

· Maximum number of parking spaces at 215;

· Provision of bioretention in the stormwater management plan;

· Clarification of the payment-in-lieu-of-tax stipulation; and

· Consideration of the use of porous pavement.

Resolution B would approve the application with the Planning Board’s recommended conditions.

The Transportation Board has recommended that the Council adopt Resolution C.

Resolution D would approve the application with the Community Design Commission’s recommended conditions.

Resolution E would approve the application with the Bicycle and Pedestrian Advisory Board’s recommended conditions.

Resolution F would deny the application.

DIFFERENCES AMONG RESOLUTIONS

ISSUE	RESOLUTION A Manager’s Revised Recommendation	RESOLUTION B Planning Board’s Recommendation	RESOLUTION C Transportation Board’s Recommendation	RESOLUTION D Community Design Commission’s Recommendation	RESOLUTION E Bicycle/Pedestrian Advisory Board’s Recommendation
Access Point on Meadowmont Lane	Yes, Emergency Only	Yes, Emergency Only	Yes, Emergency Only	Yes, No Restrictions	*
Sidewalk along main entry drive	Yes	*	Yes	*	*
Covered bike Parking	Yes	Yes	Yes	*	Yes, with specific Number
Raised Crosswalks in Parking Lot	No	*	*	*	Yes
Widened landscape islands with low plantings at walkways to greenway	No	*	*	*	Yes
Provision of crosswalk across Meadowmont Lane	Yes	*	*	*	*
Maximum # Parking Spaces	Yes	*	*	*	*
Bioretention in Stormwater Management	Yes	*	*	*	*

ISSUE

RESOLUTION A

Manager’s Revised

Recommendation

RESOLUTION B

Planning Board’s

Recommendation

RESOLUTION C

Transportation Board’s Recommendation

RESOLUTION D

Community Design Commission’s Recommendation

RESOLUTION E

Bicycle/Pedestrian Advisory Board’s Recommendation

Authorization to Allow Porous Pavement, Subject to Manager Approval

Yes

* Not discussed during this advisory board’s review of the application, therefore not included in this resolution.

ATTACHMENTS

1. List of Questions Raised at the January 19, 2000 Public Hearing, with Staff Comment (p. 8)

2. Resolution A (p. 12)

3. Resolution B (p. 20)

4. Resolution C (p. 28)

5. Resolution D (p. 37)

6. Resolution E (p. 45)

7. Resolution F (p. 53)

8. Report on Porous Pavement (p. 54)

9. January 19^th Public Hearing Memorandum and Related Attachments (begin new page 1)

ATTACHMENT 1

Issues Raised During the January 19, 2000 Public Hearing

UNC WELLNESS CENTER AT MEADOWMONT

Special Use Permit Application

1. At the Public Hearing, a Council member asked what provisions had been made for pedestrian access from the Assisted Living Site within Meadowmont.

Staff Comment: The assisted living site is proposed to the east and southeast of the Wellness Center, across Meadowmont Lane. We note that the Meadowmont Infrastructure Special Use Permit, approved in 1998, called for sidewalks to be constructed on both sides of Sprunt Road and Meadowmont Lane. A crosswalk is to be marked across Meadowmont Lane at the southern end of intersection of these two streets. The applicant, in the attached letter, indicates a willingness to install this crosswalk. This could be accomplished by including the following stipulation in any resolution of approval:

“That a crosswalk be provided by the developer across Meadowmont Lane to facilitate pedestrian access between the Wellness Center and the Meadowmont assisted living facilities to the east.”

We have included this language in Resolution A, the Manager’s revised recommendation.

We note that as part of the Infrastructure Special Use Permit, sidewalk is also required on both sides of Barbee Chapel Road, with crosswalks at the intersection of Barbee Chapel Road and Meadowmont Lane.

2. At the Public Hearing, a Council member noted that a 26-inch ash tree was slated for removal. The Council member suggested the ash tree be preserved.

Staff Comment: We believe the double-trunk 26-inch ash tree is in poor condition and will continue to decline. One of the trunks is rotten and hollow. Part of the new parking lot would be underneath the other trunk, the condition of which is less obvious. We believe that if the rotten trunk falls or is removed, the structure of the remaining part of the tree would be destabilized, resulting in a hazard to cars and people in the parking lot. We do not recommend retaining this tree.

3. At the public hearing, a Council member suggested a maximum of 208 parking spaces, suggesting additional landscaping area be provided.

The Development Ordinance requires one parking space per 250 feet of floor area for a clinic or for a health care facility (general business). For this building of 52,000 square feet of floor area, the required number of spaces is 208. At the time of the public hearing, the applicant proposed 217 parking spaces. In our January 19^th report, we noted that the number of parking spaces might need to be reduced from 217 for landscaping and tree preservation purposes.

In the attached letter, the applicant proposes 208 regular spaces and 7 handicap spaces for a total of 215 parking spaces.

We note that on January 24^th, a Council petition was received which proposes elimination of minimum parking requirements and provision of maximum parking numbers only. We recommend a maximum parking space number 215, with necessary parking lot revisions to accommodate tree preservation.

4. At the Public Hearing, a Council member suggested adding bioretention to the stormwater management system.

Staff Comment: We believe this is a reasonable request, and the applicant has agreed to provide bioretention between the parking area and the greenway. Please see the attached letter from the applicant.

This could be accomplished by adding the following language to the stormwater stipulation in any resolution of approval selected by the Town Council:

“That the stormwater management plan include bioretention techniques and facilities.”

We have included this stipulation in Resolution A, the Manager’s revised recommendation.

5. At the Public Hearing, a Council member asked for detailed information regarding the recommendation calling for a payment-in-lieu-of-tax and for elaboration in the stipulation.

We have added clarification to the payment-in-lieu-of-tax stipulation, which now reads:

“That during any time this property is exempt from ad valorem property taxes, the owner shall make annual payments-in-lieu of property taxes, the amount to be determined based on a valuation determined by the Orange and Durham County Tax Supervisors and the applicable year’s established city and county tax rate.”

We have included the revised language in the Manager’s revised recommendation, Resolution A.

6. At the Public Hearing, a Council member indicated she preferred to see the second vehicular access as a full service access rather than “emergency only”.

Staff Comment: We believe a second full access point for vehicular traffic would be desirable and workable, except for the fact that the approved Meadowmont Master Land Use Plan prohibits Wellness Center access onto Meadowmont Lane. We believe that the proposed emergency-only access point onto Meadowmont Lane would uphold the spirit and intent of the Master Plan stipulation.

7. At the Public Hearing, a Council member suggested that the pedestrian access at the emergency access be moved closer to the transit corridor.

Staff Comment: The January 19^th memorandum and resolutions of approval call for sidewalk to be constructed from the parking lot to Meadowmont Lane. The exact location of this segment of sidewalk can be determined at the final plans stage, with convenience to the transit corridor being a primary consideration.

8. At the Public Hearing, a Council member asked the applicant and staff to consider the use of porous asphalt and/or concrete for this development and entered into the record a report on porous pavement.

Staff Comment: We believe that pervious (or “porous”) asphalt or concrete paving could be successfully installed under certain conditions in Chapel Hill and we would encourage developers to submit pervious pavement proposals for staff evaluation.

We note that under most local subsurface soil conditions, only limited groundwater recharge or infiltration benefits can be expected. Due to the low permeability of most of our in situ soils, pervious pavement treatments would require extensive and carefully designed gravel beds and piping systems to collect and transport water from beneath the pervious pavement to discharge locations. Because we would expect only limited infiltration into the natural soils beneath the gravel beds, the associated water quality benefits would be limited unless additional treatment was incorporated at discharge points.

The need for extensive subsurface water collection/transport systems and specialized materials and construction could make pervious paving installations significantly more expensive than standard paving jobs. In addition, specialized maintenance procedures would be necessary to maximize the permeability of the pervious pavements.

We believe that pervious pavement could be used locally, but the cost/benefit ratio may make such installations impractical in many cases.

In the attached letter, the applicant indicates a willingness to use porous pavement in the parking area near the greenway. (Please refer to the attached letter.) For action on this development proposal, we recommend that the following language be added to any resolution of approval selected by the Town Council:

“That some or all of the drive aisles, parking spaces, and/or sidewalks may be constructed of porous pavement if the material, construction, and design are approved by the Town Manager.”

We have included this language in Resolution A, the Manager’s revised recommendation.

If the Town Council decides to require porous pavement, we recommend that the following language be included in a resolution of approval:

“That the drive aisles, parking spaces, and/or sidewalks be constructed of porous pavement, with the material, construction, and design to be approved by the Town Manager.”

9. At the Public Hearing, a Council member asked if the new erosion control bond would be required for this development.

Staff Comment: The Town Code of Ordinances was amended on January 10, 2000 to read that for any development involving property over one acre and for which over an acre of land would be disturbed, a bond would be required for erosion control. The Wellness Center proposal, on a 7.6 acre tract, with an estimated impervious surface coverage of 52%, would meet both the above described criteria. The developer would be required to post an erosion control bond.

10. At the Public Hearing, the applicant indicated agreement with all conditions in the resolutions of approval, with a preference to not construct raised crosswalks in the parking lot.

Staff Comment: The applicant agrees to construct crosswalks of a different paving material, but would prefer that raised crosswalks not be required. Please refer to the attached letter from the applicant. Only Resolution E includes a requirement for raised crosswalks.

RESOLUTION A

(Manager’s Revised Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE UNC WELLNESS CENTER AT MEADOWMONT (SUP 52..p/o 6) (2000-02-14/R-7a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by the University of North Carolina Hospitals, on property identified as Chapel Hill Township Tax Map 52, part of Lot 6, if developed according to the plans dated October 18, 1999, the Meadowmont Master Land Use Plan, and the conditions listed below, would:

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 Articles 12, 13, and 14, and with all other applicable regulations, with the modifications listed below;

3. Be located, designed, and proposed to be 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 that the development proposed herein is consistent with the Meadowmont Master Land Use Plan.

These findings are conditioned on the following:

Stipulations Specific to the Development

1. That construction begin by February 14, 2002 and be completed by February 14, 2003.

2. Land Use Intensity: This Special Use Permit authorizes the following:

· One two-story building, with a maximum of 52,000 square feet of floor area, for a health and recreation facility;

· A parking lot with a maximum of 215 spaces;

3. Taxation: That during any time this property is exempt from ad valorem property taxes, the owner shall make annual payments-in-lieu of property taxes, the amount to be determined based on a valuation determined by the Orange and Durham County Tax Supervisors and the applicable year’s established city and county tax rate.

4. Sidewalks: That sidewalks be provided in the following locations:

· along the site’s entire frontages of Meadowmont Lane and Sprunt Road;

· from the Meadowmont Lane sidewalk to the parking lot and to the building;

· from the Sprunt Road sidewalk to the parking lot and near the building;

· from the parking lot to the greenway (two locations); and

· along the east side of the main entry drive.

5. Public Improvements:

A. That Meadowmont Lane be constructed according to the approved Meadowmont Infrastructure Special Use Permit plans, from NC 54 to the northern property line of this site, prior to the issuance of a Certificate of Occupancy for this building. This shall include the crosswalk across Meadowmont Lane, at the southern end of the intersection with Sprunt Road.

B. That Sprunt Road be constructed along the entire length of the site’s frontage and in accordance with the approved Meadowmont Infrastructure Special Use Permit plans prior to the issuance of a Certificate of Occupancy for this building.

C. That through phasing plans, this development’s transportation-related improvements shall be coordinated with the NC 54 construction and traffic signal improvements.

6. Bike Racks: That covered bike racks be provided on site, to be approved by the Town Manager.

7. “Emergency Only” Access Point: That an “emergency only” vehicular access point be permitted on Meadowmont Lane, with a drive connecting to the northeastern end of the parking lot, with the following features to discourage non-emergency use:

· No curb cut on Meadowmont Lane;

· Semi-permeable pavement, such as turfstone;

· Break-away bollards; and

· Signs at either end of the drive indicating “emergency use only”.

8. Parking:

A. Heavy Duty Pavement: That heavy duty pavement be installed under the refuse service vehicle access route and under the dumpster pad, with pavement specifications, the location, and configuration to be approved by the Town Manager.

B. Parking Area Screening: That all parking areas be screened from public road view, and that screening plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

C. Parking Lot Design and Construction: That all parking lots shall be designed and constructed to meet Town standards unless an alternate design is approved by the Town Manager. Some or all of the drive aisles, parking spaces, and/or sidewalks may be constructed of porous pavement if the material, construction, and design are approved by the Town Manager.

D. Parking Lot Layout: That the parking lot be redesigned to accommodate preservation of the root zones for the following existing trees indicated as being retained:

· The 30” double oak at the southwestern corner of the parking lot;

· The 26” oak at the northwestern edge of the parking lot, across from the building’s service entrance; and

· The 6 magnolias at the northeastern corner of the parking lot.

9. Permanent Retention Basin Installation:

A. That stormwater retention ponds be in place prior to the issuance of the Certificate of Occupancy for this building, if applicable.

B. Compliance with the Town Watershed Protection District regulations, if applicable, shall be demonstrated with the provision of permanent ponds. For those portions of the Meadowmont development complying with the Low Density Option as defined 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.

C. The size, accessibility, location, and design of each pond shall be approved by the Town Manager.

D. 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.

E. 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.

F. 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 or 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.

G. 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.

H. 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.

I. 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.

J. All sediment deposited in the ponds during construction activity on contributing sites must be removed before “normal” pond operation begins.

K. Emergency drains shall be installed in all ponds to allow access for repairs and sediment removal as necessary.

L. Anti-seepage collars shall be used on any structures penetrating dams or water retaining embankments.

M. Public storm drainage systems, or other utilities, shall not be located within a pond or dam structure.

N. That no ponds be created within the perimeter landscape buffer required for Meadowmont development.

O. That the ponds be located and designed such that damage to existing large trees can be minimized.

10. Ownership and Responsibilities of Common Areas:

A. That an owners’ association be created for the maintenance and regulation of the private (residential, office, park, landscape, and commercial) areas including privately maintained streets and alleys. All property owners owning land within the area of the Master Land Use Plan approval, excluding governmental bodies, shall be represented in the owners’ association. This owners’ association shall have maintenance responsibilities for commonly owner development elements which affect the entire development including the stormwater management facilities.

B. In addition, a separate neighborhood association(s) and/or owners/ association(s) shall be created for the maintenance and regulation of the residential, office, and commercial areas. The documents creating these entities 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.

C. The responsibilities of these entities shall include the ownership and maintenance of the private alleys, private green spaces, private parks and recreation space, private retention and detention basins, and the landscape buffers.

D. These entities shall also be responsible for an “add-on fees” charged by Duke Power for special street lighting.

E. These entities shall have the ability to place a lien on property for nonpayment of dues or fees.

11. Dedication of Right-of-Way and Sight Triangle Easements: That right-of-way and sight triangle easements, as required by NCDOT or the Town, be dedicated prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

12. Landscape Protection Plan:

A. That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall include areas of vegetation to be preserved; the anticipated clearing limit lines; proposed grading; proposed utility lines a detail of protective fencing; and construction parking and materials storage/staging 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.

B. That the grading plan be revised to accommodate the root zones of the trees to be preserved:

· The 30” double oak at the southwestern corner of the parking lot;

· The 26” oak at the northwestern edge of the parking lot, across from the building’s service entrance; and

· The 6 magnolias at the northeastern corner of the parking lot.

This will likely entail the use of retaining walls and/or the deletion of several parking spaces.

No erosion control devices will be allowed within the designated tree preservation areas.

13. Landscape Plan:

A. That a detailed landscape plan and landscape maintenance plan be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

B. Detailed final plans shall include:

· Demonstration that parking lot shading and screening requirements will be met;

· Demonstration of compliance with the Master Landscape Plan for landscaping and preservation of vegetation.

Stipulations Related to Building Elevations

14. Building Elevations/Site Lighting: That the detailed building elevations and lighting plan be approved by the Community Design Commission prior to issuance of the 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 Duke Power Company, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.

16. Placement of Utility Lines Underground: That the final plans indicate that all new utility lines shall be placed underground.

17. Fire Flow: That a fire flow report, prepared by a registered professional engineer, and showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

18. Stormwater Management Plan:

A. That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a 25-year storm, the post-development stormwater run-off rate should not exceed the pre-development rate. The plan must show how stormwater detention for this site will be achieved.

B. Design and construction of any stormwater management facility shall be approved by the Town Manager. All plans and final plats shall include dedication of permanent easements and construction of a paved or gravel drive for ingress/egress as necessary for construction, maintenance operations and equipment. The drive shall be in a location to be approved by the Town Manager.

C. That the stormwater management plan be revised to show stormwater discharged and dissipated above the RCD.

D. That the stormwater management plan include bioretention techniques and facilities.

19. Transportation Management Plan: That a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall be updated and approved annually by the Town Manager. The required components of the Transportation Management Plan shall include:

Provision for designation of a Transportation Coordinator;

Provisions for an annual Transportation Survey and Annual Report to the Town Manager;

Quantifiable traffic reduction goals and objectives;

Ridesharing incentives; and

Public transit incentives.

20. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan and a plan for managing construction debris, be approved by the Town Manager prior to the 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), and landscape plans and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

22. Open Burning: That the open burning of trees, limbs, stumps, and construction debris associated with this development is prohibited.

23. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the appropriate State agency and the Town Manager prior to issuance of a Zoning Compliance Permit.

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

25. 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 phone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.

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

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit application for the UNC Wellness Center at Meadowmont

This the 14^th day of February, 2000.

RESOLUTION B

(Planning Board’s Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE UNC WELLNESS CENTER AT MEADOWMONT (SUP 52..p/o 6) (2000-02-14/R-7b)

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

3. Be located, designed, and proposed to be 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 that the development proposed herein is consistent with the Meadowmont Master Land Use Plan.

These findings are conditioned on the following:

Stipulations Specific to the Development

1. That construction begin by February 14, 2002 and be completed by February 14, 2003.

2. Land Use Intensity: This Special Use Permit authorizes the following:

· One two-story building, with a maximum of 52,000 square feet of floor area, for a health and recreation facility;

· A parking lot of between 208 and 217 spaces;

3. Taxation: That this property shall be subject to local and state property and sales taxes, or that provisions be made for payment in lieu of such taxes in the event that the property becomes tax-exempt.

4. Sidewalks: That sidewalks be provided in the following locations:

· along the site’s entire frontages of Meadowmont Lane and Sprunt Road;

· from the Meadowmont Lane sidewalk to the parking lot and to the building;

· from the Sprunt Road sidewalk to the parking lot and near the building; and

· from the parking lot to the greenway (two locations).

5. Public Improvements:

C. That through phasing plan, this development’s transportation-related improvements shall be coordinated with the NC 54 construction and traffic signal improvements.

6. Bike Racks: That covered bike racks be provided on site, to be approved by the Town Manager.

· No curb cut on Meadowmont Lane;

· Semi-permeable pavement, such as turfstone;

· Break-away bollards; and

· Signs at either end of the drive indicating “emergency use only”.

8. Parking:

B. Parking Area Screening: That all parking areas be screened from public road view, and that screening plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

C. Parking Lot Design and Construction: That all parking lots shall be designed and constructed to meet Town standards unless an alternate design is approved by the Town Manager.

D. Parking Lot Layout: That the parking lot be redesigned to accommodate preservation of the root zones for the following existing trees indicated as being retained:

· The 30” double oak at the southwestern corner of the parking lot;

· The 26” oak at the northwestern edge of the parking lot, across from the building’s service entrance; and

· The 6 magnolias at the northeastern corner of the parking lot.

9. Permanent Retention Basin Installation:

A. That stormwater retention ponds be in place prior to the issuance of the Certificate of Occupancy for this building, if applicable.

C. The size, accessibility, location, and design of each pond shall be approved by the Town Manager.

F. 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 manger, with such recommendations for maintenance or 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.