AGENDA #8c

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:       Providence Glen Condominiums – Application for Special Use Permit

DATE:             February 28, 2000

                       

INTRODUCTION

Tonight the Council continues the Public Hearing from January 19, 2000 regarding the Special Use Permit application for a multi-family development on 23.7 acres of land on the south side of Sterling Drive, north of the Lowe’s site.  Adoption of Resolutions A, B, C, D or E would approve a Special Use Permit application.  Adoption of Resolution F would deny the request.

Please refer to the accompanying memorandum for a discussion of the accompanying Zoning Atlas Amendment application, to rezone this property from Residential-2 to Residential-5-Conditional.

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 Public Hearing, and a copy of the Public Hearing memorandum and its related attachments.

BACKGROUND

On January 19, 2000, a Public Hearing was held for consideration of a Special Use Permit application to authorize construction of a multi-family development on 23.7 acres of land on the south side of Sterling Drive.  Questions regarding the application were raised during the Public Hearing, and the Hearing is being reopened tonight to receive staff responses to these questions.  We note that, on January 19, the Council determined that contiguous property would be defined as those properties within 1,000 feet of this site.


process

This is an application for a Special Use Permit.  The Development Ordinance requires the Town Manager to conduct an analysis 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 we submitted our report and recommendation to the Council. 

The standard for review and approval of a Special Use Permit application involves consideration of four findings.  The Council must make all four of these findings in order to approve a Special Use Permit application: 

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; and

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 Public Hearing memorandum discussed the four findings as 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 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 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 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 Public Hearing were related to affordable housing, pedestrian amenities, and parking.  We have provided a list of individual questions/issues raised during the Hearing, followed by responses from the Town staff, as an attachment to this memorandum (page 6).  A letter from the applicant, also addressing issues raised, is attached on page 33.

Recommendations

Advisory board recommendations are summarized below:

Planning Board’s Recommendation:  The Planning Board reviewed this application on December 7, 1999 and voted 8-0 to recommend that the Council approve the application with adoption of Resolution B. 

Transportation Board’s Recommendation:  The Transportation Board reviewed this application on December 7, 1999 and voted 5-1 to recommend that the Council approve the application with adoption of Resolution C. 

Bicycle and Pedestrian Advisory Board’s Recommendation:  The Bicycle and Pedestrian Advisory Board reviewed this application on December 14, 1999 and voted 6-1 to recommend that the Council approve the application with adoption of Resolution D. 

Community Design Commission’s Recommendation:  The Community Design Commission reviewed this application on December 15, 1999 and voted 10-0 to recommend that the Council approve the application with adoption of Resolution E. 

Parks and Recreation Commission’s Recommendation:  The Parks and Recreation Commission reviewed this application on December 8, 1999 and voted 8-0 to recommend that the Council approve the application with adoption of Resolution A.

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 permit if the site is rezoned to Residential-5-Conditional.  

We recommend that the Council adopt Resolution A, approving the application with conditions.  We note that we have added to this resolution a new recommendation of the Parks and Recreation Commission for a play area on the site.

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

Resolution C would approve the application with the Transportation Board’s recommended conditions.

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

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

Resolution F would deny the application.

DIFFERENCES AMONG RESOLUTIONS

 
ISSUE
RES. A

Manager’s Prelim. Recomm.

RES. B

Planning Board Recomm.

RES. C

Transp. Board Recomm.

RES. D

Bicycle/PedAdvisory Bd. Recomm.

RES. E

Comm. Design Comm. Recomm.

Bike lane along Sterling Drive from Sage to Eastowne

No

*

Yes

*

*

Crosswalks at all internal intersections

Yes

*

*

Yes

*

Lighting at bus stop and along sidewalk

No

*

*

Yes

*

Nature path lighting

(southern portion only)

*

*

Yes

*

Sidewalk along internal street

No

*

*

Yes

*

Speed limit sign

on private street

on

No

*

*

Yes

*

Sidewalks connecting buildings

Yes

Yes

Yes

Yes

*

Pedestrian access to compactor

Provided

*

*

Yes

*

Bicycle parking requirement

Yes

(general)

*

*

38  secured, covered,lighted spaces)

*

No more than two unrelated persons per unit

No

*

*

*

Yes

Centrally located green space

No

*

*

*

Yes

No parking spillover onto Sterling Drive

No

*

*

*

Yes

Pedestrian connection to property to west

Yes

*

*

*

*

Play area for small children on the site

Yes

*

*

*

*

Authorization to allow porous pavement

Yes

*

*

*

*

Lower cost option for all units

Yes

*

*

*

*

 

* Not discussed during this advisory board’s review of the application.

 

Attachments

1.            List of Issues Raised during the January 19, 2000 Public Hearing  (p. 6)

2.            Resolution A – Approving the Application  (p. 10)

3.            Resolution B – Approving the Application  (p. 15)

4.            Resolution C – Approving the Application  (p. 19)

5.            Resolution D – Approving the Application  (p. 23)

6.            Resolution E – Approving the Application  (p. 28)

7.            Resolution F – Denying the Application  (p. 32)

8.            Applicant’s Materials  (p. 33)

9.            February 17, 2000 Memorandum from the Parks and Recreation Commission  (p. 38)

10.        January 19, 2000 Public Hearing memorandum and related Attachments (begin new page 1)


PROVIDENCE GLEN CONDOMINIUMS

Questions/Issues Raised at the January 19, 2000 Public Hearing

AFFORDABLE HOUSING ISSUES

1.                  The Council asked that the applicant meet with the Orange Community Housing Corporation to discuss affordable housing provisions in the development.

Staff Comment:  The applicant has met with the Orange Community Housing Corporation regarding the provision of affordable housing on the site.  The applicant has provided an option for all potential purchasers which would lower the standard condominium unit price by about $4,000.   In Resolution A, we have included a stipulation which requires the developer to offer this option to all buyers:

That the developer offer to all potential purchasers of condominium units a lower priced options package which would lower the standard sales price by $4,000.

Please refer to the applicant’s letter for additional information about the “discount” option (p. 33).

2.                  A Council member asked if intensity bonuses would help achieve affordable housing in this development.

Staff Comment:  Section 13.4 of the Development Ordinance provides two possible intensity bonus levels for residential developments that provide affordable housing.  The requirement is that the developer agree to offer rental assistance, through the U.S. Department of Housing and Urban Development (HUD), for a certain percentage of the dwelling units.  If implemented, the bonus levels would allow an increase in the development’s floor area, while the other land use intensity ratios would remain the same. 

In the case of the Providence Glen development, Bonus Level 1 would be achieved by providing rental assistance for between 10 and 20% of the dwelling units, and Bonus Level 2 would be achieved by providing rental assistance to more than 20% of the units.

The application currently proposes 301,557 square feet of floor area, which is the maximum permitted in the Residential-5-Conditional zoning district.  If the applicant chooses to utilize the bonus levels, Bonus Level 1 would allow an increase to 346,235 square feet of floor area and Bonus Level two would allow an increase to 371,056 square feet of floor area.

Please refer to the applicant’s materials for additional discussion of the affordable housing issue (p. 33).

3.                  A Council member asked for suggestions on the types of incentives the applicant could request of the Council, in exchange for providing affordable dwelling units.

Staff Comment:  One option available to the applicant is to request a higher density zoning district and request approval of more units (and more floor area).  Another option would be to relieve the applicant of some of the recommended infrastructure improvements, such as the Sterling Drive sidewalk, bus pull-off and shelter, heavy-duty pavement; allow alternate buffers instead of full buffers, etc.  This would reduce the overall cost of constructing the development, which could in turn reduce the cost of the condominium units. 

We do not recommend elimination of any of these recommended improvements.

4.                  A Council member asked the applicant to define the term “moderately priced,” as stated in the Statement of Justification.

Staff Comment:  Please refer to the applicant’s materials for a response to this question (p. 33).

 

TRANSPORTATION ISSUES

5.                  A Council member commented that he was aware of a technology for porous asphalt, in which the pavement is pervious.  He provided a copy of a report on “pervious bituminous pavement” by the environmental consultants Cahill Associates.  The Council member asked the applicant and staff to consider this technology and whether it would be feasible for the Providence Glen development.

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 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 over the long term.

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

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 pervious pavement if the material, construction, and design are approved by the Town Manager.”

Please also refer to the applicant’s materials for further response to this issue (p. 33).

6.                  A Council member asked that the amount of parking on the site be reduced to a number closer to the Development Ordinance minimum requirement of 317 parking spaces (383 are proposed).  Another Council member asked that the number of parking spaces on the site be reduced by 10 percent.

Staff Comment:  A stipulation could be added to the resolution of approval requiring a maximum number of parking spaces that is lower than the 383 proposed.  We note that a 10 percent reduction in parking would result in a total of 345 spaces.  If the Council chooses to require less parking, we suggest that the land use intensity stipulation be modified, with insertion of the desired number of parking spaces, as follows:

Land Use Intensity:  This Special Use Permit – Planned Development-Housing authorizes construction of 16 multi-family structures with a total of 192 dwelling units, 301,557 square feet of floor area and a maximum of ___ parking spaces.”

Please refer to the applicant’s materials for further response to this issue (p. 33).

7.                  A Council member asked for information regarding the Chapel Hill Transit routes in this area.

Staff Comment:  Currently, the Chapel Hill Transit’s CL and D Routes serve this area of Town.  The CL Route runs between Sage Road and Franklin Street, and the D Route runs between Eastowne Drive and Franklin Street.  We note that the Providence Glen development proposes a bus stop on Sterling Drive and that the Chapel Hill Transit service is anticipated to be modified in the future to accommodate demand from this development, as well as the neighboring new developments.

8.                  A Council member asked for staff comment on the Bicycle and Pedestrian Advisory Board’s recommendation for a pedestrian connection to the refuse/recycling area on the site.

Staff Comment:  The applicant’s site plan includes an extensive network of pedestrian amenities, including access to the refuse/recycling facilities.  We believe that adequate pedestrian access is provided to the facilities.

9.                  A Council member asked about the possibility of providing a pedestrian connection to the adjacent parcel to the west of this property.

Staff Comment:  A stipulation could be added to the resolution of approval for this development, requiring a pedestrian connection to the neighboring property.  We note that the applicant proposes to construct a sidewalk along Sterling Drive that would connect the two properties.  We further note that a Duke Power Company easement exists along the common property line between the Providence Glen site and the adjacent property. 

We recommend that the following stipulation be included in Resolution A:

“That a pedestrian connection shall be provided between this site and the adjacent property to the west, at a location to be approved by the Town Manager during the Final Plans stage of the development.”

Please refer to the applicant’s materials for further response to this issue (p. 33).

OTHER ISSUE

10.              A Council member asked about the land use designation of the adjacent parcel to the west of this property.

Staff Comment:  The parcel in question is located between the Providence Glen site and Sage Road, within the Residential-2 zoning district.  The 1986 Land Use Plan, as well as the proposed new Land Use Plan, identifies this parcel for office development.


RESOLUTION A

                                                                                                 (Manager’s Revised Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT – PLANNED DEVELOPMENT-HOUSING FOR THE PROVIDENCE GLEN CONDOMINIUMS (2000-02-28/R-9a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application for a Planned Development-Housing proposed by The John R. McAdams Company, on property identified as Chapel Hill Township Tax Map 26, Lot 17L, if developed according to the site plan dated June 10, 1999 (revised December 1, 1999) and 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;

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 these findings are conditioned on the following:

                                                Stipulations Specific to the Development

1.                  That construction begin by February 28, 2002 (two years from the date of Council approval) and be completed by February 28, 2006 (six years from the date of Council approval).

2.                  Land Use Intensity:  This Special Use Permit – Planned Development-Housing authorizes construction of 16 multi-family structures with a total of 192 dwelling units, 301,557 square feet of floor area and 383parking spaces.

3.                  Lower Cost Option for Unit Buyers:  That the developer offer to all potential purchasers of condominium units a lower priced options package which would lower the standard sales price by $4,000.

4.                  Required Improvements:

A.                 Sterling Drive Sidewalk:  That a five-foot wide concrete sidewalk shall be constructed along the south side of Sterling Drive, between Sage Road and Eastowne Drive.

B.                 Bus Pull-off and Shelter:  That a bus pull-off and shelter shall be provided along the site’s Sterling Drive frontage.

C.                 Sterling Drive Paving:  That, prior to issuance of the first Certificate of Occupancy for the development, the construction of Sterling Drive between Sage Road and Eastowne Drive shall be completed.

D.                 Bicycle Parking:  That bicycle parking facilities shall be provided on the site.

E.                  Internal Sidewalk:  That a continuous sidewalk shall be provided to connect each of the buildings on the site.

F.                  Internal Crosswalks:  That crosswalks shall be added at all internal intersections of the development.

G.                 Pedestrian Connection to Adjacent Property:  That a pedestrian connection shall be provided between this site and the adjacent property to the west, at a location to be approved by the Town Manager during the Final Plans stage of the development.

H.                 Pervious Pavement:  That some or all of the drive aisles, parking spaces, and/or sidewalks may be constructed of pervious pavement if the material, construction and design are approved by the Town Manager.

I.                    Play Area:  That a play area for small children shall be provided on the site, to be approved by the Town Manager during the Final Plans stage of the development.

Stipulations Related to Landscape Elements

5.                  Landscape Plan Approval:  That a detailed Landscape Plan and Landscape Maintenance Plan and shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 

6.                  Landscape Protection Plan:  That a detailed Landscape Protection Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.   

7.                  Landscape Bufferyards:  That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation shall be protected by fencing from adjacent construction:

¨                  Type C landscape bufferyard (minimum width 20 feet) along Sterling Drive and the southern property line; and

¨                  Type B landscape bufferyard (minimum width 10 feet) along the eastern and western property lines.

8.                  Existing Trees:  That the Town Manager shall approve the sizes of the tree save areas prior to issuance of a Zoning Compliance Permit.

9.                  Sediment Basin:  That the Town Manager shall approve the plans for grading and landscaping in the area of the proposed temporary sediment basin between building 12 and the western entrance.

Stipulations Related to Utilities

10.              Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, Public Service Company, the local telephone company and the Town Manager before issuance of a Zoning Compliance Permit. 

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

Stipulations Related to Refuse and Recycling Collection

12.              Solid Waste Management Plan:  That a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing of construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

13.              Refuse/Recycling Facilities:  That all refuse and recycling facilities shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

14.              Refuse Compactor:  That the proposed refuse compactor shall be privately serviced.

15.              Heavy-Duty Paving:  That the refuse and recycling collection vehicle access routes shall be paved with all-weather, heavy-duty pavement.

Stipulations Related to Recreation Space

16.              Recreation Space:  That a minimum of 49,642square feet of recreation space shall be provided on the site.

17.              Nature Path Location:  That the final location of the nature path shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 

18.              Nature Path Surface:  That the portion of the nature path, between the southernmost parking area and the southern property line, be constructed of either Chapel Hill gravel or an all-weather surface.  The Town Manager shall approve the path surface prior to issuance of a Zoning Compliance Permit.  This portion of the path shall be lighted.

19.              Nature Path Easement:  That the 20-foot wide public use easement along the nature path shall be identified on the final plat, to be recorded at the Orange County Register of Deeds office prior to issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

20.              Stormwater Management Plan: 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 where and how stormwater detention for this sitewill be achieved.

21.              Community Design Commission Approval:  That the Community Design Commission shall approve the building elevations, the orientation of the buildings to each other and the drives, and the site lighting plan prior to issuance of a Zoning compliance Permit.

22.              Certificates of Occupancy:  That no Certificates of Occupancy shall 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 for any phase shall be issued 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.              Detailed Plans:  That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Development Ordinance and Design Manual.

24.              Erosion Control:  That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to issuance of a Zoning Compliance Permit.

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

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

27.              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.

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

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit – Planned Development-Housing for the Providence Glen Condominiums.

This the 28th day of February, 2000.


RESOLUTION B

                                                                                                       (Planning Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT – PLANNED DEVELOPMENT-HOUSING FOR THE PROVIDENCE GLEN CONDOMINIUMS (2000-02-28/R-9b)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application for a Planned Development-Housing proposed by The John R. McAdams Company, on property identified as Chapel Hill Township Tax Map 26, Lot 17L, if developed according to the site plan dated June 10, 1999 (revised December 1, 1999) and 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;

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 these findings are conditioned on the following:

                                                Stipulations Specific to the Development

1.                  That construction begin by February 28, 2002 (two years from the date of Council approval) and be completed by February 28, 2006 (six years from the date of Council approval).

2.                  Land Use Intensity:  This Special Use Permit – Planned Development-Housing authorizes construction of 16 multi-family structures with a total of 192 dwelling units, 301,557 square feet of floor area and 383parking spaces.

3.                  Required Improvements:

A.                 Sterling Drive Sidewalk:  That a five-foot wide concrete sidewalk shall be constructed along the south side of Sterling Drive, between Sage Road and Eastowne Drive.

B.                 Bus Pull-off and Shelter:  That a bus pull-off and shelter shall be provided along the site’s Sterling Drive frontage.

C.                 Sterling Drive Paving:  That, prior to issuance of the first Certificate of Occupancy for the development, the construction of Sterling Drive between Sage Road and Eastowne Drive shall be completed.

D.                 Bicycle Parking:  That bicycle parking facilities shall be provided on the site.

E.                  Internal Sidewalk:  That a continuous sidewalk shall be provided to connect each of the buildings on the site.

Stipulations Related to Landscape Elements

4.                  Landscape Plan Approval:  That a detailed Landscape Plan and Landscape Maintenance Plan and shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 

5.                  Landscape Protection Plan:  That a detailed Landscape Protection Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.   

6.                  Landscape Bufferyards:  That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation shall be protected by fencing from adjacent construction:

¨                  Type C landscape bufferyard (minimum width 20 feet) along Sterling Drive and the southern property line; and

¨                  Type B landscape bufferyard (minimum width 10 feet) along the eastern and western property lines.

7.                  Existing Trees:  That the Town Manager shall approve the sizes of the tree save areas prior to issuance of a Zoning Compliance Permit.

8.                  Sediment Basin:  That the Town Manager shall approve the plans for grading and landscaping in the area of the proposed temporary sediment basin between building 12 and the western entrance.

Stipulations Related to Utilities

9.                  Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, Public Service Company, the local telephone company and the Town Manager before issuance of a Zoning Compliance Permit. 

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


Stipulations Related to Refuse and Recycling Collection

11.              Solid Waste Management Plan:  That a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing of construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

12.              Refuse/Recycling Facilities:  That all refuse and recycling facilities shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

13.              Refuse Compactor:  That the proposed refuse compactor shall be privately serviced.

14.              Heavy-Duty Paving:  That the refuse and recycling collection vehicle access routes shall be paved with all-weather, heavy-duty pavement.

Stipulations Related to Recreation Space

15.              Recreation Space:  That a minimum of 49,642square feet of recreation space shall be provided on the site.

16.              Nature Path Location:  That the final location of the nature path shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 

17.              Nature Path Surface:  That the portion of the nature path, between the southernmost parking area and the southern property line, be constructed of either Chapel Hill gravel or an all-weather surface.  The Town Manager shall approve the path surface prior to issuance of a Zoning Compliance Permit. 

18.              Nature Path Easement:  That the 20-foot wide public use easement along the nature path shall be identified on the final plat, to be recorded at the Orange County Register of Deeds office prior to issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

19.              Stormwater Management Plan: 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 where and how stormwater detention for this sitewill be achieved.

20.              Community Design Commission Approval:  That the Community Design Commission shall approve the building elevations, the orientation of the buildings to each other and the drives, and the site lighting plan prior to issuance of a Zoning compliance Permit.

21.              Certificates of Occupancy:  That no Certificates of Occupancy shall 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 for any phase shall be issued 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.

22.              Detailed Plans:  That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Development Ordinance and Design Manual.

23.              Erosion Control:  That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to issuance of a Zoning Compliance Permit.

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

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

26.              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.

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

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit – Planned Development-Housing for the Providence Glen Condominiums.

This the 28th day of February, 2000.


RESOLUTION C

                                                                                              (Transportation Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT – PLANNED DEVELOPMENT-HOUSING FOR THE PROVIDENCE GLEN CONDOMINIUMS (2000-02-28/R-9c)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application for a Planned Development-Housing proposed by The John R. McAdams Company, on property identified as Chapel Hill Township Tax Map 26, Lot 17L, if developed according to the site plan dated June 10, 1999 (revised December 1, 1999) and 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;

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 these findings are conditioned on the following:

                                                Stipulations Specific to the Development

1.                  That construction begin by February 28, 2002 (two years from the date of Council approval) and be completed by February 28, 2006 (six years from the date of Council approval).

2.                  Land Use Intensity:  This Special Use Permit – Planned Development-Housing authorizes construction of 16 multi-family structures with a total of 192 dwelling units, 301,557 square feet of floor area and 383parking spaces.

3.                  Required Improvements:

A.                 Sterling Drive Sidewalk:  That a five-foot wide concrete sidewalk shall be constructed along the south side of Sterling Drive, between Sage Road and Eastowne Drive.

B.                 Bus Pull-off and Shelter:  That a bus pull-off and shelter shall be provided along the site’s Sterling Drive frontage.

C.                 Sterling Drive Paving:  That, prior to issuance of the first Certificate of Occupancy for the development, the construction of Sterling Drive between Sage Road and Eastowne Drive shall be completed.

D.                 Sterling Drive Bicycle Lane:  That a bicycle lane shall be provided along Sterling Drive, between Sage Road and Eastowne Drive.

E.                  Internal Sidewalk:  That a continuous sidewalk shall be provided to connect each of the buildings on the site.

Stipulations Related to Landscape Elements

4.                  Landscape Plan Approval:  That a detailed Landscape Plan and Landscape Maintenance Plan and shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 

5.                  Landscape Protection Plan:  That a detailed Landscape Protection Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.   

6.                  Landscape Bufferyards:  That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation shall be protected by fencing from adjacent construction:

¨                  Type C landscape bufferyard (minimum width 20 feet) along Sterling Drive and the southern property line; and

¨                  Type B landscape bufferyard (minimum width 10 feet) along the eastern and western property lines.

7.                  Existing Trees:  That the Town Manager shall approve the sizes of the tree save areas prior to issuance of a Zoning Compliance Permit.

8.                  Sediment Basin:  That the Town Manager shall approve the plans for grading and landscaping in the area of the proposed temporary sediment basin between building 12 and the western entrance.

Stipulations Related to Utilities

9.                  Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, Public Service Company, the local telephone company and the Town Manager before issuance of a Zoning Compliance Permit. 

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

Stipulations Related to Refuse and Recycling Collection

11.              Solid Waste Management Plan:  That a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing of construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

12.              Refuse/Recycling Facilities:  That all refuse and recycling facilities shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

13.              Refuse Compactor:  That the proposed refuse compactor shall be privately serviced.

14.              Heavy-Duty Paving:  That the refuse and recycling collection vehicle access routes shall be paved with all-weather, heavy-duty pavement.

Stipulations Related to Recreation Space

15.              Recreation Space:  That a minimum of 49,642square feet of recreation space shall be provided on the site.

16.              Nature Path Location:  That the final location of the nature path shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 

17.              Nature Path Surface:  That the portion of the nature path, between the southernmost parking area and the southern property line, be constructed of either Chapel Hill gravel or an all-weather surface.  The Town Manager shall approve the path surface prior to issuance of a Zoning Compliance Permit.

18.              Nature Path Easement:  That the 20-foot wide public use easement along the nature path shall be identified on the final plat, to be recorded at the Orange County Register of Deeds office prior to issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

19.              Stormwater Management Plan: 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 where and how stormwater detention for this sitewill be achieved.

20.              Community Design Commission Approval:  That the Community Design Commission shall approve the building elevations, the orientation of the buildings to each other and the drives, and the site lighting plan prior to issuance of a Zoning compliance Permit.

21.              Certificates of Occupancy:  That no Certificates of Occupancy shall 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 for any phase shall be issued 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.

22.              Detailed Plans:  That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Development Ordinance and Design Manual.

23.              Erosion Control:  That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to issuance of a Zoning Compliance Permit.

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

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

26.              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.

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

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit – Planned Development-Housing for the Providence Glen Condominiums.

This the 28th day of February, 2000.


RESOLUTION D

                                                                   (Bicycle and Pedestrian Advisory Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT – PLANNED DEVELOPMENT-HOUSING FOR THE PROVIDENCE GLEN CONDOMINIUMS (2000-02-28/R-9d)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application for a Planned Development-Housing proposed by The John R. McAdams Company, on property identified as Chapel Hill Township Tax Map 26, Lot 17L, if developed according to the site plan dated June 10, 1999 (revised December 1, 1999) and 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;

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 these findings are conditioned on the following:

                                                Stipulations Specific to the Development

1.                  That construction begin by February 28, 2002 (two years from the date of Council approval) and be completed by February 28, 2006 (six years from the date of Council approval).

2.                  Land Use Intensity:  This Special Use Permit – Planned Development-Housing authorizes construction of 16 multi-family structures with a total of 192 dwelling units, 301,557 square feet of floor area and 383parking spaces.

3.                  Required Improvements:

A.                 Sterling Drive Sidewalk:  That a five-foot wide concrete sidewalk shall be constructed along the south side of Sterling Drive, between Sage Road and Eastowne Drive.

B.                 Bus Pull-off and Shelter:  That a bus pull-off and shelter shall be provided along the site’s Sterling Drive frontage.

C.                 Sterling Drive Paving:  That, prior to issuance of the first Certificate of Occupancy for the development, the construction of Sterling Drive between Sage Road and Eastowne Drive shall be completed.

D.                 Internal Sidewalk:  That a continuous sidewalk shall be provided to connect each of the buildings on the site.

Stipulations Related to Landscape Elements

4.                  Landscape Plan Approval:  That a detailed Landscape Plan and Landscape Maintenance Plan and shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 

5.                  Landscape Protection Plan:  That a detailed Landscape Protection Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.   

6.                  Landscape Bufferyards:  That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation shall be protected by fencing from adjacent construction:

¨                  Type C landscape bufferyard (minimum width 20 feet) along Sterling Drive and the southern property line; and

¨                  Type B landscape bufferyard (minimum width 10 feet) along the eastern and western property lines.

7.                  Existing Trees:  That the Town Manager shall approve the sizes of the tree save areas prior to issuance of a Zoning Compliance Permit.

8.                  Sediment Basin:  That the Town Manager shall approve the plans for grading and landscaping in the area of the proposed temporary sediment basin between building 12 and the western entrance.

Stipulations Related to Utilities

9.                  Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, Public Service Company, the local telephone company and the Town Manager before issuance of a Zoning Compliance Permit. 

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

Stipulations Related to Refuse and Recycling Collection

11.              Solid Waste Management Plan:  That a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing of construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

12.              Refuse/Recycling Facilities:  That all refuse and recycling facilities shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

13.              Refuse Compactor:  That the proposed refuse compactor shall be privately serviced.

14.              Heavy-Duty Paving:  That the refuse and recycling collection vehicle access routes shall be paved with all-weather, heavy-duty pavement.

Stipulations Related to Recreation Space

15.              Recreation Space:  That a minimum of 49,642square feet of recreation space shall be provided on the site.

16.              Nature Path Location:  That the final location of the nature path shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 

17.              Nature Path Surface:  That the portion of the nature path, between the southernmost parking area and the southern property line, be constructed of either Chapel Hill gravel or an all-weather surface.  The Town Manager shall approve the path surface prior to issuance of a Zoning Compliance Permit.

18.              Nature Path Easement:  That the 20-foot wide public use easement along the nature path shall be identified on the final plat, to be recorded at the Orange County Register of Deeds office prior to issuance of a Zoning Compliance Permit.

Bicycle and Pedestrian Advisory Board Stipulations

19.              Internal Crosswalks:  That crosswalks shall be added at all internal intersections of the development.

20.              Sterling Drive Crosswalk:  That a crosswalk shall be added across Sterling Drive from Providence Glen to the Sterling Ridge Apartments site.

21.              Bus Stop Lighting:  That lighting shall be provided at the bus stop/shelter on Sterling Drive, as well as along the sidewalk leading to the bus stop.

22.              Nature Path Lighting:  That lighting shall be installed along the nature path connecting Providence Glen to the Lowe’s site to provide a safe, secure transportation route for pedestrians.

23.              Sidewalk Construction:  That a sidewalk shall be constructed on the north side of internal Street A to complete the sidewalk network from one intersection with Sterling Drive to the other.

24.              Speed Limit:  That a speed limit sign shall be posted, indicating a 15 mph speed within the development.

25.              Refuse Facility Access:  That pedestrian access shall be provided to the refuse compactor.

26.              Bicycle Storage:  That secure, accessible, covered bicycle storage facilities shall be provided to accommodate at least 38 bicycles.

Miscellaneous Stipulations

27.              Stormwater Management Plan: 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 where and how stormwater detention for this sitewill be achieved.

28.              Community Design Commission Approval:  That the Community Design Commission shall approve the building elevations, the orientation of the buildings to each other and the drives, and the site lighting plan prior to issuance of a Zoning compliance Permit.

29.              Certificates of Occupancy:  That no Certificates of Occupancy shall 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 for any phase shall be issued 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.

30.              Detailed Plans:  That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Development Ordinance and Design Manual.

31.              Erosion Control:  That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to issuance of a Zoning Compliance Permit.

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

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

34.              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.

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. 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit – Planned Development-Housing for the Providence Glen Condominiums.

This the 28th day of February, 2000.


RESOLUTION E

                                                                              (Community Design Commission Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT – PLANNED DEVELOPMENT-HOUSING FOR THE PROVIDENCE GLEN CONDOMINIUMS (2000-02-28/R-9e)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application for a Planned Development-Housing proposed by The John R. McAdams Company, on property identified as Chapel Hill Township Tax Map 26, Lot 17L, if developed according to the site plan dated June 10, 1999 (revised December 1, 1999) and 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;

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 these findings are conditioned on the following:

                                                Stipulations Specific to the Development

1.                  That construction begin by February 28, 2002 (two years from the date of Council approval) and be completed by February 28, 2006 (six years from the date of Council approval).

2.                  Land Use Intensity:  This Special Use Permit – Planned Development-Housing authorizes construction of 16 multi-family structures with a total of 192 dwelling units, 301,557 square feet of floor area and 383parking spaces.

3.                  Required Improvements:

A.                 Sterling Drive Sidewalk:  That a five-foot wide concrete sidewalk shall be constructed along the south side of Sterling Drive, between Sage Road and Eastowne Drive.

B.                 Bus Pull-off and Shelter:  That a bus pull-off and shelter shall be provided along the site’s Sterling Drive frontage.

C.                 Sterling Drive Paving:  That, prior to issuance of the first Certificate of Occupancy for the development, the construction of Sterling Drive between Sage Road and Eastowne Drive shall be completed.

Stipulations Related to Landscape Elements

4.                  Landscape Plan Approval:  That a detailed Landscape Plan and Landscape Maintenance Plan and shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 

5.                  Landscape Protection Plan:  That a detailed Landscape Protection Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.   

6.                  Landscape Bufferyards:  That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation shall be protected by fencing from adjacent construction:

¨                  Type C landscape bufferyard (minimum width 20 feet) along Sterling Drive and the southern property line; and

¨                  Type B landscape bufferyard (minimum width 10 feet) along the eastern and western property lines.

7.                  Existing Trees:  That the Town Manager shall approve the sizes of the tree save areas prior to issuance of a Zoning Compliance Permit.

8.                  Sediment Basin:  That the Town Manager shall approve the plans for grading and landscaping in the area of the proposed temporary sediment basin between building 12 and the western entrance.

Stipulations Related to Utilities

9.                  Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, Public Service Company, the local telephone company and the Town Manager before issuance of a Zoning Compliance Permit. 

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

Stipulations Related to Refuse and Recycling Collection

11.              Solid Waste Management Plan:  That a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing of construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

12.              Refuse/Recycling Facilities:  That all refuse and recycling facilities shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

13.              Refuse Compactor:  That the proposed refuse compactor shall be privately serviced.

14.              Heavy-Duty Paving:  That the refuse and recycling collection vehicle access routes shall be paved with all-weather, heavy-duty pavement.

Stipulations Related to Recreation Space

15.              Recreation Space:  That a minimum of 49,642square feet of recreation space shall be provided on the site.

16.              Nature Path Location:  That the final location of the nature path shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 

17.              Nature Path Surface:  That the portion of the nature path, between the southernmost parking area and the southern property line, be constructed of either Chapel Hill gravel or an all-weather surface.  The Town Manager shall approve the path surface prior to issuance of a Zoning Compliance Permit.

18.              Nature Path Easement:  That the 20-foot wide public use easement along the nature path shall be identified on the final plat, to be recorded at the Orange County Register of Deeds office prior to issuance of a Zoning Compliance Permit.

Community Design Commission Stipulations

19.              Restrictive Covenants:  That the restrictive covenants for this development shall limit the occupancy of each unit to no more than two unrelated persons per bedroom.

20.              Green Space:  That a more centrally located green space shall be provided on the site.

21.              Parking:  That steps shall be taken to eliminate the possibility of parking spillover onto Sterling Drive.

Miscellaneous Stipulations

22.              Stormwater Management Plan: 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 where and how stormwater detention for this sitewill be achieved.

23.              Community Design Commission Approval:  That the Community Design Commission shall approve the building elevations, the orientation of the buildings to each other and the drives, and the site lighting plan prior to issuance of a Zoning compliance Permit.

24.              Certificates of Occupancy:  That no Certificates of Occupancy shall 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 for any phase shall be issued 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.              Detailed Plans:  That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Development Ordinance and Design Manual.

26.              Erosion Control:  That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to issuance of a Zoning Compliance Permit.

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

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

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit – Planned Development-Housing for the Providence Glen Condominiums.

This the 28th day of February, 2000.


RESOLUTION F

(Denying the Application)

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT – PLANNED DEVELOPMENT-HOUSING FOR THE PROVIDENCE GLEN CONDOMINIUMS (2000-02-28/R-9f)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit – Planned Development-Housing application proposed by The John R. McAdams Company, on property identified as Chapel Hill Township Tax Map 26, Lot 17L, if developed according to the site plan dated June 10, 1999 (revised December 1, 1999) and the conditions listed below 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 Articles 12, 13, and 14, and with all other applicable regulations;

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:

                                    (INSERT ADDITIONAL REASONS FOR DENIAL)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for a Special Use Permit – Planned Development-Housing for the Providence Glen Condominiums.

This the 28th day of February, 2000.