AGENDA #9
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Prestwick Place – Application for Special Use Permit
DATE: February 12, 2001
INTRODUCTION
Tonight the Council continues the Public Hearing from January 16, 2001, regarding the Special Use Permit application that proposes the construction of a 22,000 square-foot office building on a 2.39-acre site that is located at 190 Finley Golf Course Road. Adoption of Resolutions A, B, C, or D would approve a Special Use Permit application. Adoption of Resolution E would deny the request.
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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 16 Public Hearing, and a copy of the Public Hearing memorandum and its related attachments. |
Background
On January 16, 2001, a Public Hearing was held for consideration of a Special Use Permit Modification application to authorize construction of a 22,000 square-foot office building on a 2.39-acre site that is located at 190 Finley Golf Course Road. Questions regarding the application were raised during the Public Hearing, and the Hearing is being reopened tonight to receive applicant and staff responses to these questions. We note that, on January 16, the Council determined that contiguous property would be defined as those properties within 1,000 feet of this site.
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 regarding its compliance with the standards and regulations of the Town’s Development Ordinance; we have presented a report to the Planning Board; and on January 16, we submitted our report and recommendation to the Council.
The standard for review and approval of a Special Use Permit Modification application involves consideration of four findings of fact that the Council must consider for granting a Special Use Permit Modification. Based on the evidence that is accumulated during the Public Hearing, the Council will consider whether or not it can make each of the four required findings for the approval of a Special Use Permit Modification.
If, after consideration of the evidence submitted at the Public Hearing, the Council decides that it can make each of the four findings, the Development Ordinance directs that the Special Use Permit Modification shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.
Tonight, based on the evidence presently in the record thus far, we provide the following evaluation of this application based around the four findings of facts that the Council must consider for granting a Special Use Permit Modification.
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Finding #1: That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare. |
We believe the evidence in the record to date can be summarized as follows:
Evidence in support: The applicant’s Statement of Justification (provided as an attachment to this memorandum) provides evidence in support of Finding #1. We note the following key points raised by the applicant:
· “The site plan is designed to preserve natural vegetation and to minimize the impact of the development on adjacent and nearby properties. Additionally, the site is near public transportation and major transportation routes, as well as established residential neighborhoods, which make it an ideal location for office development.”
Evidence in opposition: We have not been able to identify evidence presented in opposition to Finding #1 for this application raised at the Public Hearing.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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Finding #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. |
We believe the evidence in the record to date can be summarized as follows:
Evidence in support: The applicant’s Statement of Justification (provided as an attachment to this memorandum) provides evidence in support of Finding #2. We note the following key points raised by the applicant:
· “The proposed development complies with all development regulations, and will exceed requirements for minimum open space livability space. Significant areas of existing vegetation will be preserved on the perimeter of the site, far in excess of the total area required for landscape buffers. Additionally, the required water quality facility is designed to be a visual amenity and focal point of the development.”
Evidence in opposition: We have not been able to identify evidence presented in opposition to Finding #2 for this application raised at the Public Hearing.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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Finding #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. |
Council established properties within 1,000 feet of this site as contiguous at the January 16, 2001 Public Hearing.
We believe the evidence in the record to date can be summarized as follows:
Evidence in support: The applicant’s Statement of Justification (provided as an attachment to this memorandum) provides evidence in support of Finding #3. We note the following key points raised by the applicant:
· “The proposed office development will not negatively impact the value of contiguous property. The development is compatible with surrounding land uses, which range from commercial development to fraternities. The proposed office building is designed to be architecturally similar to the adjacent development, and the preservation of existing vegetation along the street frontage ensures that the site will maintain its current visual character. It is anticipated that the development will enhance property values in this area.”
Evidence in opposition: We have not been able to identify evidence presented in opposition to Finding #3 for this application raised at the Public Hearing.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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Finding #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. |
We believe the evidence in the record to date can be summarized as follows:
Evidence in support: The applicant’s Statement of Justification (provided as an attachment to this memorandum) provides evidence in support of Finding #4. We note the following key point raised by the applicant:
· “The proposed development meets or exceeds the requirements of the Development Ordinance. Further, the proposed development is consistent with the Comprehensive Plan Future Land Use Map, which identifies the site as “within an area designated as “Mixed-Use/Office Emphasis.” Support of specific Comprehensive Goals area as follows:
a) Economy and Employment
“Goal: Increase employment opportunities for residents and satisfy local demand for commercial and retail services.”
The proposed development will provide for additional employment opportunities and space in which to locate professional and business services.
b) Land Use and Development
“Goal: Promote orderly development and redevelopment to achieve appropriate and compatible use of land.”
The proposed development is consistent with the Land Use Plan and is designed to be compatible with adjacent properties. Adequate public infrastructure is available to serve the development.
c) Natural Environment
“Goal: Identify, protect and preserve open spaces and critical natural areas and enhance the community’s air quality and water sources.
The proposed development will preserve existing vegetation to the extent possible. A water quality pond will treat stormwater runoff and serve as a visual amenity for the vicinity.
d) Transportation
“Goal: Develop a balanced, multi-modal transportation system that will enhance mobility for all citizens, reduce automobile dependence, and preserve/enhance the character of Chapel Hill.”
The proposed development is located within an established major transportation corridor. The site also is on an established bus route and is located adjacent to the future light rail corridor.”
Evidence in opposition: We have not been able to identify evidence presented in opposition to Finding #4 for this application raised at the Public Hearing.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
KEY ISSUES
We believe that the key issues brought forth during the January 16, 2001 Public Hearing were related to pedestrian circulation and safety at nearby intersections in the immediate vicinity of this proposed development. We have provided a list of individual questions/issues raised during the Hearing, followed by responses from the applicant and/or Town staff, as an attachment to this memorandum.
Recommendations are summarized below. Please see the attached summaries of board actions and recommendations.
Planning Board Recommendation: The Planning Board reviewed this application on December 5, 2000, and voted 7-0 to recommend that the Council approve the application with adoption of Resolution B. (Note: Resolution B was previously identified as Resolution A at the time of the Planning Board’s meeting on December 5, 2000). There were no significant issues raised at the meeting. Please see the attached Summary of Planning Board Action.
We note that Resolution A differs from Resolution B in that it includes several recommendations not discussed by the Planning Board on December 5, 2000.
Transportation Board Recommendation: The Transportation Board reviewed this application on December 5, 2000, and voted 8-0 to recommend that the Council approve the application with the adoption of Resolution C. Please see the attached Summary of Transportation Board Action.
Resolutions A and C include the following recommended conditions of the Transportation Board:
Ř That the bicycle lockers be relocated closer to the building, such that the lockers are located no further from the building than 50% of the automobile parking.
Ř That a Transportation Management Plan be provided for this site, prior to the issuance of a Zoning Compliance Permit.
Resolution C also includes the remaining recommended condition of the Transportation Board:
Ř That a crosswalk and pedestrian signal be installed at the NC Highway 54/Finley Golf Course Road intersection.
Staff Comment: The applicant has objected to this requirement. After review of the available information, we do not believe that the pedestrian traffic that will be generated by this development is sufficient to justify a requirement for installation of a crosswalk/signal. The Manager’s revised recommendation, Resolution A, does not include this recommendation.
Community Design Commission Recommendation: The Community Design Commission reviewed this application on November 1, 2000, and voted 10-0 to recommend that the Council approve the application without reference to a specific Resolution. Please see the attached Summary of Community Design Commission Action.
Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on January 2, 2001, and voted 5-0 to recommend that the Council approve the application with the adoption of Resolution D. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.
Resolutions A and D include the following recommended conditions of the Bicycle and Pedestrian Advisory Board:
Ř That the applicant provide secured and covered bicycle parking closer to the entrance of the building.
Ř That the proposed sidewalk along Finley Golf Course Road at the proposed driveway entrance be extended westward to connect with the internal sidewalk system. In addition, crosswalks or contrasting pavement shall be utilized through the parking lot to connect internal sidewalks.
Ř That the building shall include shower facilities.
Resolution D also includes the remaining recommended conditions of the Bicycle and Pedestrian Advisory Board:
Ř That zebra-striped pedestrian crosswalks be installed at the intersection of NC Highway 54 and Finley Golf Course Road, including bicycle sensors, pedestrian push buttons, and pedestrian signal heads.
Staff Comment: We do not believe that the pedestrian and bicycle traffic that will be generated by this development is sufficient, proportionally, to justify the recommended improvements. The Manager’s revised recommendation, Resolution A, does not include this recommendation.
Ř That pedestrian crossing times be increased for the four intersection approaches at the intersection of Finley Golf Course Road and NC Highway 54.
Staff Comment: We believe that the timing of pedestrian crossing is a technical matter that needs to be addressed separately from this application, as part of the Town’s Traffic Signal System. We believe that it would not be appropriate to require this change as part of the review and approval of this application.
Ř That the building be designed with entrances on both the north and south sides. The southern entrance shall face Prestwick Road and have connections to the proposed meandering pedestrian path.
Staff Comment: We do not believe that the Town has the ability to require the applicant to make this type of revision to the internal floor plan.
Ř That sidewalks shall be installed on Finley Golf Course Road from the Botanical Gardens to NC Highway 54, to promote pedestrian access.
Staff Comment: We do not believe that the pedestrian traffic that will be generated by this development is sufficient, proportionally, to justify this recommended off-site improvement. The Manager’s revised recommendation, Resolution A, does not include this recommendation.
Ř That a 3-way stop shall be installed at the intersection of Hamilton Road and Prestwick Road to insure the safety of Glenwood Elementary foot and vehicular traffic.
Staff Comment: This intersection is located approximately 1,150 feet west of the proposed development site. We do not believe that vehicular or pedestrian traffic at this intersection presently justifies the installation of stop signs at this intersection.
We note that the placement of additional stop signs would require the adoption of an Ordinance to amend the Town Code. If the Council wishes to pursue this idea, we suggest that the Council consider adopting Resolution F, which would direct the Town Manager to conduct a study of this intersection six (6) months after the Certificate of Occupancy is issued for this development and report back to the Council.
Manager’s Revised Recommendation: Based on the information in the record to date, we believe that the Council could make the four findings required to approve the Special Use Permit application.
After review of information/evidence presented at the Public Hearing, we have revised our preliminary recommendation to delete the requirement that the applicant install crosswalks and pedestrian signals at the intersection of Finley Golf Course Road and NC Highway 54.
We recommend that the Council adopt Resolution A, approving the application with conditions.
Resolution B would approve the application based on the Recommendation of the Planning Board.
Resolution C would approve the application based on the Recommendation of the Transportation Board.
Resolution D would approve the application based on the Recommendation of the Bicycle and Pedestrian Advisory Board.
Resolution E would deny the application.
Resolution F would direct the Manager to study the intersection of Prestwick Road and Hamilton Road, six months after the issuance of a Certificate of Occupancy for this development, and to report back to the Council.
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ISSUE |
Resolution AManager’s Revised Rec. |
Resolution BPlanning Board Rec. |
Resolution CTransportation Board Rec. |
Resolution DBicycle and Pedestrian Adv. Bd. Rec. |
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That future dedication of a Transit Corridor Easement is required if requested by Triangle Transit Authority; with subsequent adjustments to landscape bufferyards and stormwater detention. |
Yes |
Yes |
Yes |
Yes |
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That zebra-striped pedestrian crosswalks be installed at the intersection of NC 54 and Finley Golf Course Road, including bicycle sensors, pedestrian push buttons, and pedestrian signal heads. |
No |
* |
Yes |
Yes |
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That increased pedestrian crossing time be provided at the intersection of Finley Golf Course Road and NC Highway 54. |
No |
* |
* |
Yes |
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That the bicycle parking spaces/lockers be relocated closer to the building, to be located no further from the building than 50% of the automobile parking. |
Yes |
* |
Yes |
Yes |
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That a Transportation Management Plan be provided for this site, prior to the issuance of a Zoning Compliance Permit. |
Yes |
* |
Yes |
* |
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That the proposed sidewalk along Finley Golf Course Road at the driveway entrance be connected with the internal sidewalk system. In addition, crosswalks or contrasting pavement shall be utilized through the parking lot to connect internal sidewalks. |
Yes |
* |
* |
Yes |
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That sidewalks shall be installed on Finley Golf Course Road from the Botanical Gardens to NC Highway 54. |
No |
* |
* |
Yes |
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That a 3-way stop shall be installed at the intersection of Hamilton and Prestwick Roads. |
No |
* |
* |
Yes |
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That the building be designed with entrances on both the north and south sides. The southern entrance shall face Prestwick Road and connect to the proposed meandering pedestrian path. |
No |
* |
* |
Yes |
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That the building include shower facilities. |
Yes |
* |
* |
Yes |
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That a bio-retention area is required. |
Yes |
* |
* |
* |
*This issue was not discussed during this advisory board’s review of the application and is not included in this resolution.
ATTACHMENTS
1. Questions/Issues Raised during the January 16, 2001 Public Hearing (p.11).
ATTACHMENT 1
PRESTWICK PLACE
Questions/Issues Raised at the January 16, 2001 Public Hearing
The following issues were raised at the January 16, 2001 Public Hearing on the proposed Prestwick Place Special Use Permit application.
1. Several Council members raised questions about the recommended installation of pedestrian crosswalks and pedestrian signals at the intersection of Finley Golf Course Road and NC Highway 54.
Staff Comment: The Transportation Board and the Bicycle and Pedestrian Advisory Board both recommended that the applicant install striped pedestrian crosswalks at the intersection of Finley Golf Course Road and NC Highway 54, including bicycle sensors, pedestrian push buttons, and pedestrian signal heads. The Manager’s Preliminary Recommendation included this recommendation.
Although we believe that these intersection improvements could make this intersection more pedestrian-friendly, and safer for bicycles and pedestrians crossing NC Highway 54 at this intersection, after further review we do not believe that this development would generate pedestrian traffic through this intersection in a manner that would justify requiring the developer to make these improvements. Accordingly, the Manager’s Revised Recommendation, Resolution A, does not include this recommendation.
2. A Council member expressed concern that if NCDOT declines approval of any pedestrian crosswalk/signal improvements, it may prevent the applicant from fulfilling the terms of approval associated with this Special Use Permit application.
Staff Comment: We have revised the stipulation in the Transportation Board and the Bicycle and Pedestrian Advisory Board recommended resolutions to include the language “subject to the approval of the North Carolina Department of Transportation (NCDOT).” If the Council approves this development with a stipulation requiring this improvement, and if NCDOT declines to approve this intersection improvement, then the applicant would still be able to proceed with the project.
3. A Council member asked why the installation of stop signs at the intersection of Prestwick Road and Hamilton Road is not recommended.
Staff Comment: The Bicycle and Pedestrian Advisory Board recommended that a 3-way stop shall be installed at the intersection of Hamilton Road and Prestwick Road to provide greater safety for Glenwood Elementary pedestrian and vehicular traffic.
Prestwick Road is presently a gravel road that meanders from Finley Golf Course Road to Hamilton Road. The intersection of Prestwick Road and Hamilton Road is located approximately 1,150 feet west of this proposed development site. As part of this development proposal, the applicant is proposing to pave the portion of Prestwick Road that fronts on this development site. The remainder of Prestwick Road would remain a gravel road.
We do not believe that the projected pedestrian or vehicular traffic at this intersection would justify requiring this developer to install stop signs at this intersection. Consequently, we have not included this stipulation in the Manager’s Revised Recommendation.
We note that the Council could consider the location of stop signs at this intersection at any time, outside the specific context of this Special Use Permit Hearing. If the Council wishes to pursue this idea, we would suggest that the Council consider adopting Resolution F, which would direct the Town Manager to conduct a study of this intersection six (6) months after the Certificate of Occupancy is issued for this development and report back to the Town Council.
ATTACHMENT 2
RESOLUTION A
(Manager’s Revised Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR PRESTWICK PLACE (2001-02-12/R-11a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Morris Commercial and The John R. McAdams Company, Inc., on property identified as Chapel Hill Township Tax Map 65, Block C, Lot 5, if developed according to the site plan prepared on June 27, 2000, and revised on November 16, 2000, 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 the Town Council hereby approves the application for a Special Use Permit for Chapel Ridge in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin by February 12, 2003 and be completed by February 12, 2004.
2. Land Use Intensity: This Special Use Permit authorizes construction of a new two-story 22,000 square-foot office building on a site with an existing 4,000 square-foot office building, specified as follows:
Total # of Buildings: 2
Maximum Total Floor Area (s.f.): 26,000
(Maximum Floor Area (s.f ) for Clinic Use) 8,000
Maximum # of Parking Spaces: 85
Minimum # of Bicycle Parking Spaces: 9
Minimum Outdoor Space (s.f.): 89,191
Minimum Livability Space (s.f.): 65,413
Stipulations Related to Required Improvements
3. Town Standards: That all streets, parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards.
4. Finley Golf Course Road Improvements: That the applicant shall install curb and gutter and a 5-foot concrete sidewalk along the site’s Finley Golf Course Road frontage.
5. Prestwick Road Improvements: That the applicant shall pave Prestwick Road and install a 5-foot meandering pedestrian path along the site’s Prestwick Road frontage.
6. Meandering Pedestrian Path: That a dedicated easement shall be provided for the meandering pedestrian path that will allow public access and provide sufficient accessibility for Town maintenance, as needed.
7. Sidewalk Adjustment: That the proposed sidewalk along Finley Golf Course Road at the driveway entrance be extended westward to provide a connection to the internal sidewalk system. In addition, crosswalks or contrasting pavement shall be utilized through the parking lot to connect internal sidewalks.
8. Bio-Retention: That a bio-retention area shall be incorporated into the site plan, subject to the approval of the Town Manager, prior to issuance of a Zoning Compliance Permit.
9. Triangle Transit Authority: That in the event that the Triangle Transit Authority (TTA) requests additional right-of-way along this site’s Prestwick Road frontage by written notice to the property owner, the owner shall dedicate up to 15 feet of additional right-of-way (as determined by TTA) at such time when it is confirmed that TTA is prepared to implement a transit corridor in this location. Accordingly, if and when such right-of-way dedication occurs, the property owner shall be required to implement the following stipulations:
A. That the 15-foot external Type ’A’ landscape buffer shall be recreated in accordance with current Town guidelines.
B. That, if needed, a new alternative buffer shall be approved by the Community Design Commission and the Town Manager, for the portion of the right-of-way adjacent to the stormwater detention facility.
C. That the owner shall either (1) provide documentation to the Town Manger verifying that the dedicated right-of-way does not reduce the capacity or functionality of the on-site stormwater detention facility, or alternatively (2) apply for a Zoning Compliance Permit to make appropriate changes to the stormwater detention facility to be in conformance with the Town Stormwater guidelines and Watershed Protection District regulations that are in effect at such future date.
10. Recorded Plat: That a plat be recorded at the Orange County Register of Deeds which (1) documents all easements on the site, including those for the pedestrian path and the stormwater detention facility, and (2) documents the additional Triangle Transit Authority right-of-way dedication requirement, prior to the issuance of a Zoning Compliance Permit.
11. Bicycle Parking: That a minimum of seven (7) bicycle spaces shall be provided that consists of a locker, individually locked enclosure, or supervised area within a building that provides protection of bicycles therein from theft, vandalism and weather. In addition, a minimum of two (2) external secured, covered and illuminated bicycle parking spaces shall be provided on the site.
12. Location of Bicycle Parking: That bicycle parking lockers/spaces shall be provided closer to the building, such that the they are no further from the building than 50% of the automobile parking located on this site.
13. Shower Facilities: That a shower facility with lockers shall be provided in the new building.
Stipulations Related to Landscape Elements
14. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
15. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating any rare and specimen trees that will be removed and/or preserved and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. In addition, the applicant shall indicate how disruption to existing vegetation will be minimized during the construction of the proposed pedestrian path.
16. Landscape Bufferyards: That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirement, the vegetation shall be protected by fencing from adjacent construction:
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Location of Bufferyard |
Type of Buffer Required |
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Western Border (University Inn) |
Minimum of 10’ Internal Type ‘B’ Buffer |
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Northern Border (Aurora) |
Minimum of 10’ Internal Type ‘B’ Buffer |
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Eastern Border (Finley Golf Course Rd) |
Minimum of 15’ External Type ‘A’ Buffer |
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Southern Border (Prestwick Road) |
Minimum of 15’ External Type ‘A’ Buffer |
17. Planting Strips: That five-foot wide planting strips shall be provided between parking areas and each building.
Stipulations Related to Utilities
18. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority (OWASA), Duke Power Company, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager before issuance of a Zoning Compliance Permit.
19. Utility Lines: That all utility lines, other than 3-phase electric power distribution lines, shall be underground.
Stipulations Related to Fire Protection/Fire Safety
20. 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
21. 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.
22. Heavy-Duty Paving: That all drive aisles that provide access to the dumpsters and recycling facilities, be constructed with heavy-duty pavement.
23. 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 shall not exceed the pre-development rate.
24. Permanent Retention Basin Installation:
A. That a stormwater retention pond be in place prior to the issuance of any Certificate of Occupancy.
B. Compliance with the Town Watershed Protection District regulations shall be demonstrated with the provision of the permanent pond. Permanent stormwater retention shall be required in accordance with the requirements of the Development Ordinance.
C. The size, accessibility, location, and design of the pond shall be approved by the Town Manager.
D. The wet retention pond 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 property owner or Owners’ Association shall be responsible for arranging for annual inspections of the pond by an appropriately certified engineer, to determine whether the pond 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 property owner or Owners’ Association, including pond maintenance.
G. Maintenance of the pond shall be the responsibility of the property owner or an owners’ association. A maintenance plan shall be provided for the retention pond, to be approved by the Town Manager. The plan shall address inspection, maintenance intervals, type of equipment required, access to the pond, and related matters.
H. All sediment deposited in the pond during construction activity on the site must be removed before “normal” pond operation begins.
I. Emergency drains shall be installed in the pond to allow access for repairs and sediment removal as necessary.
J. Anti-seepage collars shall be used on any structures penetrating dams or water retaining embankments.
K. Public storm drainage systems, or other utilities, shall not be located within the pond or dam structure.
L. That the retention pond and outlets be contained within stormwater drainage easements and that maintenance access with easements be provided prior to issuance of a Certificate of Occupancy.
25. Transportation Management Plan: That prior to issuance of a Certificate of Occupancy, the Town Manager shall approve a Transportation Management Plan for the development. 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.
26. Community Design Commission Approval: That the Community Design Commission shall approve the building elevations, the lighting plan for the site, and any alternative buffers, prior to the issuance of a Zoning Compliance Permit.
27. 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.
28. 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.
29. Erosion Control: That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modification 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 the issuance of a Zoning Compliance Permit.
30. Open Burning: That no open burning shall be permitted during the construction of this development.
31. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
32. 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. The construction sign may have a maximum of 32 square feet of display area and may not exceed 8 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.
33. Plant Rescue: That the applicant is encouraged to conduct a “plant rescue” for this site, after the issuance of a Zoning Compliance Permit and prior to the start of construction.
34. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
35. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
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 for Prestwick Place.
This the 12th day of February, 2001.
ATTACHMENT 3
RESOLUTION B
(Planning Board Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR PRESTWICK PLACE (2001-02-12/R-11b)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Morris Commercial and The John R. McAdams Company, Inc., on property identified as Chapel Hill Township Tax Map 65, Block C, Lot 5, if developed according to the site plan prepared on June 27, 2000, and revised on November 16, 2000, 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 the Town Council hereby approves the application for a Special Use Permit for Chapel Ridge in accordance with the plans listed above and with the conditions listed below:
1. Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.
2. Sidewalk Adjustment: That stipulation # 7 be deleted.
3. Bio-Retention: That stipulation # 8 be deleted.
4. Bicycle Lockers: That stipulation # 11 be deleted.
5. Shower Facilities: That stipulation #13 be deleted.
6. Transportation Management Plan: That stipulation # 25 be deleted.
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 for Prestwick Place.
This the 12th day of February, 2001.
ATTACHMENT 4
RESOLUTION C
(Transportation Board Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR PRESTWICK PLACE (2001-02-12/R-11c)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Morris Commercial and The John R. McAdams Company, Inc., on property identified as Chapel Hill Township Tax Map 65, Block C, Lot 5, if developed according to the site plan prepared on June 27, 2000, and revised on November 16, 2000, 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 the Town Council hereby approves the application for a Special Use Permit for Chapel Ridge in accordance with the plans listed above and with the conditions listed below:
1. Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.
2. Sidewalk Adjustment: That stipulation # 7 be deleted.
3. Bio-Retention: That stipulation # 8 be deleted.
4. Shower Facilities: That stipulation #13 be deleted.
5. Pedestrian Crosswalks: That zebra-striped pedestrian crosswalks be installed at the intersection of NC Highway 54 and Finley Golf Course Road, including bicycle sensors, pedestrian push buttons, and pedestrian signal heads, subject to the approval of the North Carolina Department of Transportation (NCDOT).
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 for Prestwick Place.
This the 12th day of February, 2001.
ATTACHMENT 5
RESOLUTION D
(Bicycle & Pedestrian Advisory Board Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR PRESTWICK PLACE (2001-02-12/R-11d)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Morris Commercial and The John R. McAdams Company, Inc., on property identified as Chapel Hill Township Tax Map 65, Block C, Lot 5, if developed according to the site plan prepared on June 27, 2000, and revised on November 16, 2000, 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 the Town Council hereby approves the application for a Special Use Permit for Chapel Ridge in accordance with the plans listed above and with the conditions listed below:
1. Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.
2. Bio-Retention: That stipulation # 8 be deleted.
3. Building Entrances: That the building be designed with entrances on both the north and south sides. The southern entrance shall face Prestwick Road and have connections to the proposed meandering pedestrian path.
4. Pedestrian Crosswalks: That zebra-striped pedestrian crosswalks be installed at the intersection of NC Highway 54 and Finley Golf Course Road, including bicycle sensors, pedestrian push buttons, and pedestrian signal heads, subject to the approval of the North Carolina Department of Transportation (NCDOT).
5. Timing of Pedestrian Crossing: That increased pedestrian crossing time be provided for the four intersection approaches at the intersection of Finley Golf Course Road, Burning Tree Drive, and NC Highway 54.
6. Additional Sidewalk: That sidewalks shall be installed on Finley Golf Course Road from the Botanical Gardens to NC Highway 54, to promote pedestrian access.
7. Stop Signs: That a 3-way stop shall be installed at the intersection of Hamilton Road and Prestwick Road to insure safety of Glenwood Elementary foot and vehicular traffic.
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 for Prestwick Place.
This the 12th day of February, 2001.
ATTACHMENT 6
RESOLUTION E
(Denying the Application)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR PRESTWICK PLACE (2001-02-12/R-11e)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by John B. Morris, Prestwick Place, LLC, and The John R. McAdams Company, Inc., on property identified as Chapel Hill Township Tax Map 65, Block C, Lot 5, if developed according to the site plan prepared on June 27, 2000, and revised on November 16, 2000, and 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 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 for Prestwick Place.
This the 12th day of February, 2001.
AGENDA #9c
A RESOLUTION DIRECTING THE TOWN MANAGER TO CONDUCT A STUDY OF THE PRESTWICK ROAD AND HAMILTON ROAD INTERSECTION SIX (6) MONTHS AFTER THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR THE PRESTWICK PLACE DEVELOPMENT (2001-02-12/R-12)
BE IT RESOLVED by the Council of the Town of Chapel Hill that having approved a Special Use Permit application proposed by John B. Morris, Prestwick Place, LLC, and The John R. McAdams Company, Inc., on property identified as Chapel Hill Township Tax Map 65, Block C, Lot 5, and otherwise known as “Prestwick Place,” the Council desires to study increased pedestrian and vehicular traffic at the intersection of Hamilton Road and Prestwick Road following the construction of the Prestwick Place development;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby directs the Town Manager to conduct a study of this intersection six (6) months after the Certificate of Occupancy is issued for the Prestwick Place development and report back to the Town Council.
This the 12th day of February, 2001.