AGENDA #1b

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Public Hearing: The Homestead – Application for Special Use Permit

DATE: May 14, 2001

INTRODUCTION

An application seeking approval of a Special Use Permit has been filed by Kimley-Horn & Associates. The application proposes to allow the construction of a multi-family residential development on a 48.11-acre site. The site is located north of Homestead Road, east of the University Branch Southern Railroad, west of Homestead Park and south of the recently approved Parkside II subdivision.

Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of this application, and further to receive evidence that the Council may consider as it determines any appropriate conditions to impose upon the proposed development.

The applicant has submitted an accompanying application for a Zoning Atlas Amendment, to rezone the site from Residential-2 (R-2) to Residential-4-Conditional (R-4-C). Please refer to the accompanying memorandum for a discussion of this application.

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

¨ Cover Memorandum: Introduces application, describes process for review, summarizes staff and advisory board comments, and offers recommendations for Council action.

¨ Staff Report: Offers a detailed description of the site and proposed development, and presents an evaluation of the application regarding its compliance with the standards and regulations of the Development Ordinance.

¨ Attachments: Includes a checklist of requirements for this development, resolutions of approval and denial, advisory board comments, and the applicant’s materials.

PROCESS

The Development Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Town standards; we have presented a report to the Planning Board; and tonight we submit our report and preliminary recommendation to the Council.

The standard for review and approval of a Special Use Permit application involves consideration of four findings (description of the findings follows below). Evidence will be presented tonight. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Development Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.

CONTIGUOUS PROPERTY

One of the findings that the Council must make when considering a Special Use Permit application is:

That the use of 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.

The Development Ordinance defines contiguous property as follows:

Contiguous Property: Property adjoining, neighboring, and nearby the outer boundary of a proposed development. For development proposals that are small in scale and similar in proposed use to existing uses in the immediate vicinity, contiguous property shall be construed to be those properties immediately adjacent. For large development proposals and/or proposed uses that are significantly different from existing uses nearby, or proposals that have significant topographic features that could impact nearby properties, contiguous property shall be construed to include those properties in a larger area, and those likely to experience negative impacts resulting from the proposed development. But in every case, for a proposal over 10 acres but less than 100 acres, at a minimum all property within 500 feet shall be considered contiguous; for development proposals that are over 100 acres, at a minimum all properties within 1,000 feet shall be considered contiguous.

The Town Attorney has advised that the Council should specify what area it considers to be contiguous property for each Special Use Permit application that comes before the Council for consideration. Therefore, based on the Town Attorney’s advice to the Council, we suggest that prior to recessing the hearing this evening the Council discuss and determine by vote what should be considered contiguous property for this application. The attached Resolution G provides a format for determining the definition of contiguous property for this application.

BACKGROUND

The applicant submitted formal development applications for a Special Use Permit and a Zoning Atlas Amendment (please see accompanying memorandum) on September 26, 2000. We note that because this development proposes at least 15% of the dwelling units to be affordable to low and moderate income families (80% or less of the area’s median income), the applicable development fees have been waived. The respective fees for this development application would have been $60,000 for the Special Use Permit (maximum fee) and $2,724 for the Zoning Atlas Amendment.

Description of the Application

The 48.11-acre site is located north of Homestead Road, east of the University Branch Southern Railroad, west of Homestead Park and south of the recently approved Parkside II Subdivision. The property is located within the Residential-2 (R-2) zoning district, and is identified as Chapel Hill Township Tax Map 24, Lots 16 and a portion of Lot 12 (PIN# 9880-01-0417 and PIN # 9870-92-6174 ). We note that this site is presently located outside of the Town of Chapel Hill’s Corporate Limits, in the Town’s northern Joint Planning Transition Area (JPA).

Existing Conditions: The site is generally bisected by a perennial stream that begins in the northwest corner of the site, travels along the site’s western edge and then cuts from west to east, across the site. The perennial stream is fed by a spring located just above the northwest corner of the property, alongside the railroad track, and also receives water from a man-made pond located in the southwest corner of the property. The man-made pond located in the southwest corner of the site, is fed by another pond located on the west side of the railroad tracks (water flows through a concrete pipe, underneath the tracks).

The site generally drops from a knoll along the northern property line (approximately 555 feet above sea level) down to the perennial stream that generally bisects the site, and then climbs back uphill towards Homestead Road and an elevation of 530-540 feet above sea level. The majority of the site consists of modest slopes (0-10%) with some steeper slopes (10-15%) located north of the perennial stream. A few limited pockets of relatively steep slopes (15-25%) exist on the site.

The site includes a number of significant hardwood and evergreen trees, most of which are clustered on the northern half of the property, primarily along the site’s southern-facing slopes. There are some portions of the site however, that consist of young pines, particularly in areas that were damaged in 1996 by Hurricane Fran.

The site is not located in the Town’s Watershed Protection District.

We note that a Special Use Permit would be required for this development, due to the proposed amount of floor area and land disturbance and because the site is proposed for conditional-use zoning.

Development Description: This Special Use Permit application proposes construction of 41 buildings that would include 191 dwelling units. The townhome-style dwelling units are proposed to be three-bedroom units, ranging from 1,300 to 2,150 square feet in size. The applicant is proposing to provide 433 parking spaces, of which 322 spaces would be garage spaces.

The applicant is proposing that 30 of the 191 units (15.7%) would be permanently affordable dwelling units available for private ownership. These units would be provided in the northwestern portion of the site, between Weaver Dairy Road Extension and the University Branch Southern Railroad (a 150-foot wide strip of Resource Conservation District actually separates the proposed units from the railroad).

The applicant is also proposing to dedicate 12.5 acres of the site to the Town for recreational uses. The proposed recreational area includes all of the land located west and south of the perennial stream, on the portion of the site that is located west of Weaver Dairy Road Extension. The recreational area includes an existing building/gym located on the site, and land along the railroad corridor that is identified for a future Town greenway trail.

General access to the development would be provided by constructing two lanes of Weaver Dairy Road Extension from Homestead Road to the northern property line, where it would connect with the portion of Weaver Dairy Road Extension that is scheduled to be constructed as part of the Parkside II Subdivision. An additional street connection to the Parkside II Subdivision would be constructed in the northeastern portion of the site, and a stub-out would be provided to the neighboring property located southeast of the site. Several internal streets would provide ingress/egress to the proposed multi-family units.

We understand that the applicant proposes to subdivide the property as a townhouse development.

Evaluation of the Application

We have evaluated the application regarding its compliance with the standards and regulations of the Development Ordinance. We have prepared a Planning Staff Report that discusses intensity standards, access and circulation, parking, building elevations, buffers and landscaping, refuse management, utilities, and fire safety (and is included as an attachment to this memorandum). A checklist describing compliance with regulations also is provided as an attachment to this memorandum.

Based on our evaluation, our preliminary recommendation is that the application would comply with the regulations and standards of the Development Ordinance if the property is rezoned from the present Residential-2 (R-2) zoning district to Residential-4-Conditional (R-4-C) zoning. We note that in accordance with the Town’s Development Ordinance, the existing R-2 zoning district would allow a maximum of 192 dwelling units on the overall site (4.0 dwelling units per acre), with a maximum floor area of 162,327 square feet. As part of this Special Use Permit application and the accompanying application for a Zoning Atlas Amendment, the applicant is requesting approval of 191 dwelling units per acre (3.97 dwelling units per acre), with a maximum floor area of 385,000 square feet.

Tonight the Council receives our attached evaluation, and also receives information submitted by the applicant and others. The applicant’s materials are included as attachments to this memorandum. We have not received any other written information from any other citizens as yet. Staff, applicant, and others may provide information at the Public Hearing. All information that is submitted will be placed into the record of this Public Hearing.

Based on the evidence that is accumulated, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit. The four findings are:

Special Use Permit – Required Findings of Fact

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.

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.

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.

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.

Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of, and in opposition to this application. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Development Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council. If the requested rezoning application were to be denied, we believe that this Special Use Permit accordingly would need to be denied.

KEY ISSUES

Based on the review of this development application by Town advisory boards and the Town staff, we believe that several key issues have been identified:

Ø Affordable Housing

Ø Public Streets

Ø Weaver Dairy Road Extension

Ø Homestead Road Improvements

Ø Recreation Space

Ø Land Proposed to be Deeded to Town

These issues are further discussed as follows:

Affordable Housing: We note that the applicant is concurrently proposing a Zoning Atlas Amendment (ZAA) that would rezone the site from Residential-2 to Residential-4-Conditional zoning. In accordance with the Council’s policy “that applicants seeking approval of rezoning applications containing a residential component will incorporate a ‘15 percent affordable’ feature into their plans,” the applicant is proposing that 30 of the 191 units (15.7%) would be permanently affordable dwelling units available for private ownership. The applicant has proposed to provide these units in the northwestern portion of the site, between Weaver Dairy Road Extension and the University Branch Southern Railroad (a 150-foot wide strip of Resource Conservation District actually separates the proposed units from the railroad).

We note that because this development proposes at least 15% of the dwelling units to be affordable to low and moderate income families (80% or less of the area’s median income), the applicable development fees have been waived. The application fees for this development would have been $60,000 for the Special Use Permit (maximum fee) and $2,724 for the Zoning Atlas Amendment.

Staff Comment: We believe that the applicant’s proposal is consistent with the Council’s affordable housing goal for rezonings associated with residential developments. We have included stipulations in Resolution A to require that these units be owner-occupied, and that mechanisms be established to guarantee that these affordable units are permanently affordable and available to qualified buyers.

Public Streets: The applicant is proposing that public streets be constructed to provide circulation within the residential pods that constitute this development, with the exception of Streets C and D, which serve the affordable housing portion of this development, which would be private.

Staff Comment: We believe that all streets proposed throughout this development need to be public streets constructed to Town Standards, including a 5-foot sidewalk. According, we have included this stipulation in Resolution A. We note that there will be associated on-street parking adjustments that will be necessary in the affordable housing component of the development, if these streets are redesigned as public streets.

Weaver Dairy Road Extension: The applicant is proposing to dedicate a 98-foot right-of-way, grade a divided four-lane cross-section with a median, and construct two (2) lanes of the southernmost portion of Weaver Dairy Road Extension, from Homestead Road to the northern boundary of this property, to provide vehicular access to the site. This applicant’s segment of Weaver Dairy Road Extension is proposed to function as an arterial road that will connect to the portion of Weaver Dairy Road Extension that is approved for construction as part of the Parkside II Subdivision (immediately north of this site), which will connect to the portion of the road that is approved for construction as part of the Northwoods V Subdivision (immediately north of the Parkside II Subdivision).

Staff Comment: We believe that the applicant’s proposal is consistent with the Town’s Thoroughfare Plan, and matches the design parameters for the portion of Weaver Dairy Road Extension that is to be constructed by the Parkside II developer to the north.

Homestead Road Improvements: The applicant is not proposing to make any improvements along the site’s Homestead Road frontage. In addition, the applicant is not proposing any improvements for the new intersection of Homestead Road/Weaver Dairy Road Extension. The applicant has noted that NCDOT is scheduled to begin right-of-way acquisition in 2003 for the subsequent widening of Homestead Road to a 3-lane cross-section.

Staff Comment: The Manager’s preliminary recommendation is that the applicant dedicate right-of-way for this site’s Homestead Road frontage. In addition, the recommendation stipulates that road improvements and exclusive left and right turn lanes be constructed on Homestead Road. The recommended stipulation does not specify who is responsible for these improvements. Thus, the developer, NCDOT or a third party could construct these improvements, as long as they are in place prior to the issuance of the first Certificate of Occupancy for this development. We note that in the event that sufficient right-of-way is not available to make these improvements, then a payment-in-lieu may alternatively be submitted.

We also note that by construction of this development, the developer will be creating a new intersection on Homestead Road. We believe that a traffic signal is needed at this intersection, to move traffic in a safe and orderly manner. Consequently, the Manager’s Preliminary Recommendation includes a stipulation that the applicant provide a payment-in-lieu for a traffic signal at the new Weaver Dairy Road Extension/Homestead Road intersection.

Parking: Subsection 14.6.7 of the Development Ordinance requires that a minimum of 382 parking spaces be provided on this site (based on 2.0 parking spaces being required for each of the 191 three-bedroom dwelling units). The applicant proposes a total of 433 parking spaces.

We note that the Council has stated its expectation that parking in new developments not exceed 110% of the minimum parking spaces requirement provided in the Development Ordinance. The maximum number of parking spaces allowed under the Council policy would be 420 spaces and the applicant has proposed 13 parking spaces over this limit.

Staff Comment: The Manager’s preliminary recommendation is that the applicant reduce the number of proposed parking spaces by 13 for a total of 420 parking spaces, which would represent 110% of the minimum parking spaces required by the Development Ordinance. We have included a stipulation in Resolution A that restricts parking to 110% of the minimum requirement.

Recreation Space: The applicant is proposing to deed land along the western portion of the site to the Town for use as a future greenway corridor. Section 13.7.8 of the Development Ordinance states that the Council may allow the substitution of "areas designated as future greenways in the Town’s Comprehensive Plan” for improved recreation areas in the development, subject to the Council’s approval. This site is designated for a future greenway in the Town’s 2000 Comprehensive Plan.

Staff Comment: We believe that the applicant’s proposal to deed land to the Town for a future greenway is desirable. However, we also believe that some active recreation is desirable as part of this applicant’s development. In particular, we believe that two “Tot Lots” (one on each side of Weaver Dairy Road Extension) should be provided to offer recreational opportunities within reasonable walking distance for children living in this development. The Manager’s Preliminary Recommendation (Resolution A) includes these stipulations.

Land Proposed to be Deeded to Town: The applicant has proposed to deed a total of 12.5 acres of the site to the Town for recreational uses. The proposed recreational area includes all of the land located west and south of the perennial stream, on the portion of the site that is located west of Weaver Dairy Road Extension. The land proposed to be deeded to the Town includes an existing buiding/gym and a man-made pond.

Staff Comment: We believe that is important that a Class I Environmental Assessment of this site prior to accepting this dedication of land from the developer. Assuming that there are no significant issues, the Town could then choose to accept the land for municipal purposes. In the event that significant issues emerge however, we have included a stipulation in the Manager’s Preliminary Recommendation (Resolution A) that would allow the Town to decline title to the land, alternatively deferring ownership of the land to the Homeowners’ Association.

We provide the following analysis based on the assumption that the Class I Environmental Assessment does not reveal any significant issues associated with the site:

We note that the land that the applicant is proposing to deed to the Town includes an important segment of a designated future greenway, in accordance with the Town’s Comprehensive Plan. To properly construct the greenway trail in the northwestern portion of this site, we believe that additional land east of the perennial stream is necessary. Consequently, the Manager’s Preliminary Recommendation (Resolution A) includes a stipulation requiring the applicant to deed additional land on the eastern side of the perennial stream to the Town. This additional land does not interfere with the applicant’s proposed site plan, rather it reduces the amount of space that would be owned and managed by the Homeowners’ Association.

The existing man-made pond located on the site, is fed by another pond located on the west side of the railroad tracks (water flows through a concrete pipe, underneath the tracks). It appears that the pond is relatively shallow. Several young trees have become established on the dam. Preservation of the site as a pond is likely to require dredging and or maintenance work on the dam. If left unattended, we suspect that the pond would eventually fill up with silt.

As part of the development application, the applicant has offered to provide topsoil from the eastern part of the site, to fill in the pond and create a recreational playing field, if the Council so desires. Accordingly, our original Staff Report to the Town Advisory Boards included a recommendation that the pond be filled in by the developer and graded to serve as a recreational playing field.

After a recent preliminary field assessment however, we have determined that the pond, which is located in the Town’s Resource Conservation District, includes jurisdictional wetlands along its fringes. Any disruption of these wetlands would require mitigation measures in accordance with State and/or Federal regulations. Our recent field assessment also noted that many animals, including fish, birds and beavers inhabit the site. Consequently, based on this additional information, the Manager’s Preliminary Recommendation is that the pond be retained as an aesthetic/environmental feature.

The existing building located in the southwestern corner of the site is an all-wooden building built on a concrete slab, which includes approximately 5,500 square feet of floor area. We believe that the building is 20+ years old and probably was not built to code. In particular, the roof and ceiling are supported by continuous-span wooden trusses across the entire width of the building with no intermediate supports. While there is no evidence of structural problems, we believe that a thorough inspection is needed prior to accepting ownership of this building. We believe that immediate maintenance needs include some door replacements, siding replacements, and drainage improvements around the building. The site is presently served by well and septic tank. We anticipate that it will be fairly expensive to extend water and sewer to the building.

The building presently serves as the home for a local non-profit gymnastics program. We note that this program is the only large gymnastics program in the immediate Chapel Hill-Carrboro community.

If the Council accepts ownership of this land and the building, we believe that the Council would need to subsequently decide the fate of the building/gym. Our preliminary idea is to work to develop a concessionaire’s agreement that would afford the existing gymnastics program the opportunity to continue using the facility.

We provide the following advantages and disadvantages associate with the Town assuming ownership of this land (including the pond and building):

Advantages:

q Value of the land.

q Obtain land for future greenway trail.

q Obtain access to future greenway trail, including potential parking area along Homestead Road.

q Reasonably large, buildable, flat area along Homestead Road that could be used for some Town purpose (playing field, building, parking, etc.)

q Preservation of open space in this location would maintain/enhance the Homestead Road viewshed.

q Environmental amenity (preservation of Resource Conservation District area).

q Preservation of wildlife and wildlife habitat.

q Opportunity to maintain existing gymnastics program as a community service.

Disadvantages:

q A large portion of the land is located in the Town’s Resource Conservation District and thus cannot be utilized as buildable land.

q Potential maintenance for the pond (to preserve it from siltation).

q Liability for the pond.

q Need to deal with the building/gym and the non-profit gymnastics program.

On balance, we believe that the advantages of obtaining the land outweigh the disadvantages, assuming that the Class I Environmental Assessment does not identify any significant issues. The Manager’s Preliminary Recommendation includes a stipulation deeding the land to the Town, unless the Town chooses to defer ownership to the Homeowners’ Association.

Summary of Comments

We have attached a resolution that includes standard conditions of approval, as well as special conditions that we recommend for this application. The key special conditions that we recommend are summarized here and described in detail in the accompanying staff report. With these conditions, we believe that the Council could make the findings regarding health, safety and general welfare, property values, and consistency with the Comprehensive Plan. The Manager’s recommendation incorporates input from all Town departments involved in review of the application.

SUBSEQUENT REGULATORY STEPS

Following is a brief outline describing the next steps in the development review process, should the Council approve the Special Use Permit application:

1. Applicant accepts and records the Special Use Permit, which incorporates the terms of the Council-adopted resolution;

2. Applicant submits detailed Final Plans and documentation, complying with Council stipulations. Information is reviewed by Town departments and the following agencies:

· Orange Water and Sewer Authority,

· Duke Power Company,

· Public Service Company,

· Time Warner Cable, and

· BellSouth;

3. Community Design Commission reviews and approves building elevations and site lighting plan;

4. Final Plat is reviewed and approved by Town staff. Plat is recorded at the Orange County Register of Deeds office;

5. Upon demonstration of compliance with remaining Council stipulations, Town staff issues a Zoning Compliance Permit authorizing site work. Permit includes conditions specific to the development and requires pre-construction conferences with Town staff;

6. Engineering Department issues an Engineering Construction Permit, authorizing work within the public right-of-way; and

7. Inspections Department issues Building Permits and Certificates of Occupancy.

Recommendations

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

Planning Board Recommendation: The Planning Board reviewed this application on April 3, 2001, and May 1, 2001, and voted 6-0 to recommend that the Council approve the application with conditions. Please see the attached Summary of Planning Board Action.

Resolution B includes the following recommended conditions of the Planning Board:

q That 433 parking spaces (113.4% of the minimum required) shall be approved, as proposed by the applicant’s site plan.

Staff Comment: We recommend that the applicant be limited to a maximum 420 parking spaces (110.0% of the minimum required). Please see the discussion above.

q That the developer shall not be responsible for making any road improvements on Homestead Road.

Staff Comment: We recommend that the applicant make improvements along this site’s Homestead Road frontage, in accordance with Town policies. Please see the discussion above.

q That the developer shall only pay for a percentage of the cost of the Homestead/Weaver Dairy Road intersection traffic signal, and this payment-in-lieu shall be returned if the signal has not been installed after 5 years.

Staff Comment: We note that by construction of this development, the developer will be creating a new intersection on Homestead Road. We believe that a traffic signal is needed at this intersection, to move traffic in a safe and orderly manner. A percentage of the cost for a signal will not be sufficient to guarantee the funding to signalize this intersection. We believe that this development should submit a payment-in-lieu for the traffic signal, prior to the issuance of a Zoning Compliance Permit. Please see discussion above.

q That required bicycle parking shall be limited to a total of ten U-racks (one for each overflow parking area), and 30 covered spaces for the affordable housing units.

Staff Comment: We believe that this requirement would not meet the number of Class I (secured, covered and illuminated) bicycle parking spaces as recently approved by the Town Council as a component of the Town’s Design Manual.

q That the developer shall only be required to construct the pedestrian path to the stream and to install the pedestrian bridge that crosses the stream. The developer shall not be responsible for constructing the pedestrian path from the stream to the gym building).

Staff Comment: We believe that the pedestrian path should be extended to provide complete access from the proposed townhomes to the existing building in the southwestern corner of the site.

The Planning Board also recommended the following conditions of approval, which are included in Resolution A:

q That the developer shall not be required to install a cul-de-sac at the intersection of Roads ‘B’ and ‘D.’

q That no minimum size shall be required for the 30 affordable dwelling units.

Transportation Board Recommendation: The Transportation Board reviewed this application on April 17, 2001, and voted 4-0 to recommend that the Council approve the application with conditions. Please see the attached Summary of Transportation Board Action.

Resolution C includes the following recommended conditions of the Transportation Board:

q That parking shall be reduced to a maximum of 400 spaces. The 33 spaces that are deleted from the site plan shall not be removed from the affordable housing area.

Staff Comment: We recommend that the applicant be limited to 420 parking spaces (110.0% of the minimum required). Please see the discussion above.

q That the affordable housing shall be integrated throughout the development.

Staff Comment: We note that there is not a formal rule or policy regarding the location of affordable units within a development, but that the Council in previous discussions has indicated an interest in seeing such units scattered throughout a development.

Community Design Commission Recommendation: The Community Design Commission reviewed this application on May 8, 2001, and voted 8-0 to recommend that the Council approve the application without reference to a specific resolution. Please see the attached Summary of Community Design Commission Action to the Council.

Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on April 10, 2001, and voted 5-0 to recommend that the Council approve the application with conditions. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action to the Council.

Resolution D includes the following recommended conditions of the Bicycle and Pedestrian Advisory Board:

q That contrasting pavement material be used for sidewalks where they are crossed by driveways.

Staff Comment: We have not included this recommendation in the Manager’s Preliminary Recommendation, because we believe that with 161 driveway located at close intervals along a public street, it is not practical to implement this idea. Furthermore, we believe that the number and frequency of driveways would minimize any beneficial impact from this endeavor.

q That the Council require construction of Weaver Dairy Road with an 11-foot travel lane and a 15-foot travel lane, and no striped bicycle lane.

Staff Comment: Although a 15-foot wide travel lane does provide ample room for the experienced bicyclist to share space with vehicular traffic, we do not believe that this situation provides a comfortable and reasonable bicycle travel lane for the typical recreational bicycle rider. Consequently, we believe that the recommended Weaver Dairy Road parameters (two 12-foot travel lanes and a 4-foot bike lane) provide greater benefit to the majority of the bicycle riders in the community. We also note that the cross-section included in the Manager’s Preliminary Recommendation (Resolution A) also matches that cross-section recently approved by the Town Council for the Parkside II portion of Weaver Dairy Road Extension.

q That a payment-in-lieu of a bus stop be expanded to include pad, bench, shelter and bicycle racks.

Staff Comment: We have included a stipulation in the Manager’s Preliminary Recommendation requiring the submittal of a payment-in-lieu for a bus stop that includes pad, bench and shelter. We note that a total of 233 bicycle parking spaces are being required for this development, in accordance with the Town’s Design Manual. In particular, 23 of these spaces are Class II Stationary ‘U’ Racks that will be scattered throughout this development. We believe that the amount of bicycle parking proposed on this site is sufficient to meet the needs of transit riders who will utilize this future bus stop.

q That the 30 affordable dwelling units be constructed with storage units that would meet the Class I bicycle parking requirements.

Staff Comment: We note that the Council has adopted bicycle parking requirements as part of the Town’s Design Manual, as recommended by the Bicycle and Pedestrian Advisory Board. These standards do not specify that storage units are required as part of each dwelling unit.

The Bicycle and Pedestrian Advisory Board also recommended the following condition of approval, which is included in Resolution A:

q That stationary U-racks be scattered and clustered throughout the site to meet the Class II bicycle parking requirements.

Parks and Recreation Commission: On March 21, 2001, the Parks and Recreation Commission voted 7-0 to recommend that the Council approve the application with conditions. Please see the attached Memorandum from the Parks and Recreation Commission.

Resolution A includes the following recommended conditions of the Parks and Recreation Commission:

q That the land proposed to be deeded to the Town should be enlarged to allow construction of a future greenway trail. In general, the land should be enlarged in the northwest corner and along the perennial stream that lies on the west side of Weaver Dairy Road Extension.

q That the developer should correct safety problems related to the gymnastic school’s entrance drive.

q That the developer should build a trail (or provide payment-in-lieu for a trail) from Street B to the gymnasium building. The developer should also reserve any necessary access easements from the street to the property that is proposed to be deeded to the Town.

q That the gymnasium building should be deeded to the Town and the developer should either repair existing damage to the structure or provide the Town appropriate funding to make the repairs.

We note that on March 21, 2001, the Parks and Recreation Commission delayed making a recommendation on whether to retain the existing man-made pond on the site or to fill in the pond and create a playing field. The Commission discussed this issue on April 19, 2001, however a quorum was not present. The four members present on April 19, 2001, did vote 4-0 to express support for retaining the pond in its natural state. Although this action does not represent a formal recommendation, we note that Resolution A proposes to leave the pond in its natural state.

Greenways Commission Recommendation: On March 14, 2001, the Greenways Commission voted 5-0 to recommend that the Council approve the application with conditions. Please see the attached Memorandum from the Greenways Commission.

Resolution E includes the following recommended conditions of the Bicycle and Pedestrian Advisory Board:

q That the developer should remove the existing security fence, fill in the pond, and create a level field on the site of the pond.

Staff Comment: We note that further inspection has identified jurisdictional wetlands on this site, which would require mitigation if the pond were filled in. We believe that the environmental and wildlife benefits associated with the pond presently outweigh the costs of converting it to a recreational playing field.

Resolution A includes the following recommended conditions of the Greenways Commission:

q That the land proposed to be deeded to the Town should be enlarged in a manner that would better allow construction of a future greenway trail. In general, the land should be enlarged in the northwest corner and along the perennial stream that lies on the west side of Weaver Dairy Road Extension.

q That the developer should correct safety problems related to the gymnastic school’s entrance drive.

Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary conclusion is that the application complies with standards and regulations of the Development Ordinance.

Following tonight’s Public Hearing, we will prepare an evaluation of the evidence submitted in support of, and in opposition to this application. If the Council makes these public purpose findings for modification of the Development Ordinance regulations, and makes the four required findings for the approval of a Special Use Permit, we recommend that the application be approved with the adoption of Resolution A.

Resolution A would also approve the application based on the recommendation of the Parks and Recreation Commission.

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 Bike and Pedestrian Advisory Board.

Resolution E would approve the application based on the recommendation of the Greenways Commission.

Resolution F would deny the application.

Resolution G would determine the definition of contiguous property for this application.

THE HOMESTEAD SPECIAL USE PERMIT

DIFFERENCES AMONG RESOLUTIONS

ISSUE	Resolution A Parks & Recreation and Manager’s Preliminary Recommendations	Resolution B Planning Board Recommendation	RESOLUTION C Transportation Board Recommendation	Resolution D Bicycle and Pedestrian Advisory Board Recommendation	Resolution E Greenways Commission Recommendation
Maximum # of parking spaces that shall be approved.	420	433	400	420	*
Road Improvements on Homestead Road.	Yes	No	Yes	Yes	*
Pay for Traffic Signal at new intersection on Homestead Rd.	Full Payment	Percentage of cost	Full Payment	Full Payment	*
Limit Bicycle Parking to 10 U-Racks and 30 covered spaces for the affordable units.	No	Yes	No	No	*
Only construct Pedestrian path to Stream and install bridge.	No	Yes	No	No	*
Construct Pedestrian path to Gym Building and install bridge.	Yes	No	Yes	Yes	*
Integrate affordable housing throughout development.	No	No	Yes	*	*
Use contrasting sidewalk materials at driveway crossings.	No	*	*	Yes	*
Require construction of W-Dairy Ext. with 11’ and 15’ travel lanes (no bike lane).	No	*	*	Yes	*
Include bike racks with bus stop payment-in-lieu.	No	*	*	Yes	*
Affordable units have bicycle storage units.	No	*	*	Yes	*
Fill in pond and create recreational playing field.	No	*	*	*	Yes

*This issue was not discussed at this particular advisory board’s meeting.

ATTACHMENTS

1. Planning Staff Report (p. 19)

2. Checklist of Project Fact Sheet Requirements (p. 35)

3. Resolution A – Approving the Application (p. 36)

4. Resolution B – Approving the Application (p. 47)

5. Resolution C – Approving the Application (p. 49)

6. Resolution D – Approving the Application (p. 51)

7. Resolution E – Approving the Application (p. 53)

8. Resolution F – Denying the Application (p. 54).

9. Resolution G – Defining Contiguous Property for this Application (p. 55)

10. Summary of Planning Board Action (p. 56)

11. Summary of Transportation Board Action (p. 57)

12. Summary of Community Design Commission Action (p. 58)

13. Summary of Bicycle and Pedestrian Advisory Board Action (p. 59)

14. Memorandum from Parks and Recreation Commission, March 22, 2001 (p. 60)

15. Memorandum from Parks and Recreation Commission, April 19, 2001 (p. 61)

16. Memorandum from Greenways Commission (p. 62)

17. Applicant’s Statement of Justification (p. 63)

18. Project Fact Sheet (p. 66)

19. Reduced Area Map and Site Plans (p. 68)

PLANNING STAFF REPORT

SUBJECT: Public Hearing: The Homestead – Application for Special Use Permit

(File No. 7.24..16 & Portion of 12; PIN #s: 9880-01-0417 & 9870-92-6174 )

DATE: May 14, 2001

INTRODUCTION

Attached for your consideration is an application for a Special Use Permit to allow the construction of a multi-family residential development on a 48.11-acre site that is located north of Homestead Road, east of the University Branch Southern Railroad, west of Homestead Park and south of the recently approved Parkside II subdivision.

The proposed residential development would consist of 41 buildings, containing 191 dwelling units and 433 parking spaces. The applicant is proposing that 30 of the 191 units (15.7%) would be permanently affordable dwelling units. In addition, the applicant is proposing to dedicate 12.5 acres of the site to the Town for recreational uses.

The property is currently located within the Residential-2 (R-2) zoning district, and is identified as Chapel Hill Township Tax Map 24, Lots 16 and a portion of Lot 12 (PIN# 9880-01-0417 and PIN # 9870-92-6174 ). We note that this site is presently located outside of the Town of Chapel Hill’s Corporate Limits, in the Town’s northern Joint Planning Transition Area (JPA).

EVALUATION

The Town staff has reviewed this application for compliance with the standards of the Development Ordinance and Design Manual and offers the following evaluation. We note that our evaluation is based on rezoning of the site to Residential-4-Conditional. The proposed Special Use Permit application does not meet the floor area requirements of the Development Ordinance with the existing Residential-2 zoning.

Existing Conditions: The 48.11-acre site is located north of Homestead Road, east of the University Branch Southern Railroad, west of Homestead Park and south of the recently approved Parkside II Subdivision. The site is presently located outside of the Town of Chapel Hill’s Corporate Limits, in the Town’s northern Joint Planning Transition Area (JPA).

The site is generally bisected by a perennial stream that begins in the northwest corner of the site, travels along the site’s western edge and then cuts from west to east, across the site. The perennial stream is fed by a spring located just above the northwest corner of the property, alongside the railroad track, and also receives water from a pond located in the southwest corner of the property. The stream enters the site in the northwest corner of the property at an elevation of approximately 526 feet above sea level and runs down to an elevation of 490 feet above sea level, at the eastern property line. The man-made pond that is located in the southwest corner of the site, is fed by another pond located on the west side of the railroad tracks (water flows through a concrete pipe, underneath the tracks).

The site generally drops from a knoll along the northern property line (approximately 555 feet above sea level) down to the perennial stream, and then climbs back uphill towards Homestead Road (with a general elevation of 530-540 feet above sea level). The majority of the site consists of modest slopes (0-10%) with some steeper slopes (10-15%) located north of the perennial stream. There are a few limited pockets of relatively steep slopes (15-25%) on the site.

The site is not located in the Town’s Watershed Protection District.

General access to the development would be provided by constructing two lanes of Weaver Dairy Road Extension from Homestead Road to the northern property line, where it would connect with the portion of Weaver Dairy Road Extension that is scheduled to be constructed as part of the Parkside II Subdivision. An additional street connection to the Parkside II Subdivision would be constructed in the northeastern portion of the site, and a stub-out would be provided to the neighboring property located southeast of the site. Several internal streets provide ingress/egress to the proposed multi-family units.

We understand that the applicant proposes to subdivide the property as a townhouse development.

Intensity Standards: The proposed project would meet the Development Ordinance’s standards for floor area, outdoor space, and livability space, if the property were rezoned from Residential-2 (R-2) to Residential-4-Conditional (R-4-C).

If the rezoning is denied, the development would not be in compliance with the Ordinance’s requirements for floor area. We provide the following chart to compare the existing zoning (R-2) and the proposed zoning (R-4-C):

Comparison of Residential-2 and Residential-4 Zoning Districts
Zoning District	Maximum Number of Dwelling Units	Maximum Permitted Floor Area (s.f.)	Minimum Amount of Outdoor Space (s.f.)	Minimum Amount of Livability Space (s.f.)
Residential-2	192	162,327	1,750,506	1,466,952
Residential-4	481	389,128	1,651,177	1,218,630
Proposed Residential-4-Conditional	191	385,000*	1,900,893	1,615,299

* Maximum limit voluntarily proposed by applicant.

As indicated in the above chart, the applicant’s development proposal complies with the all of the requirements of the Residential-2 zoning district, with the exception of maximum permitted floor area. Consequently, the applicant has requested a rezoning to Residential-4-Conditional (R-4-C), in order to have additional floor area for this development.

Section 18 of the Chapel Hill Development Ordinance requires that all Planned Development-Housing (PD-H) developments include a 25-foot perimeter setback between the proposed dwelling units and the property line. We note that the developer is proposing to comply with this requirement.

Access and Circulation: The applicant is proposing to dedicate right-of-way, grade a divided four-lane cross-section with a median, and construct two (2) lanes of the easternmost portion of Weaver Dairy Road, from Homestead Road to the northern boundary of this property, to provide vehicular access to the site. Weaver Dairy Road Extension will function as an arterial road that will connect to the portion of Weaver Dairy Road Extension that is approved for construction as part of the Parkside II Subdivision (immediately north of this site), which will connect to the portion of the road that is approved for construction as part of the Northwoods V Subdivision (immediately north of the Parkside II Subdivision).

Approximately 900 feet north of the intersection of Weaver Dairy Road and Homestead Road, a four-way intersection is proposed that would provide access to the residential dwelling units. An internal street network will provide circulation and access to each of the proposed dwelling units. An additional street connection to the Parkside II Subdivision is proposed in the northeastern portion of the site. The applicant has also proposed a public street stub-out on the southeastern property line that may serve as a future connection to the adjoining property.

In accordance with the applicant’s proposal to construct Weaver Dairy Road Extension, we recommend the following:

· That 98 feet of right-of-way be dedicated for the extension of Weaver Dairy Road from Homestead Road to the Parkside II Subdivision. The final right-of-way width shall extend at least one foot beyond the edge of the sidewalk.

· That grading will occur for a divided four-lane cross-section with a median.

· That one-half of Weaver Dairy Road (the eastern half) shall be constructed, extending from the southern to northern property line of this site, as a 32-foot wide cross-section from back-of-curb to back-of-curb, including curb and gutter, two 12-foot wide travel lanes, a 4-foot wide bike lane, a 3-foot planter strip and a 5-foot wide concrete sidewalk.

· That the Weaver Dairy Road travel lanes, at the intersection with Homestead Road, be constructed with temporary southbound left and right turn lanes, and one northbound travel lane.

We have included a stipulation in Resolution A that requires these improvements to be completed prior to the issuance of the first Certificate of Occupancy for the development.

We recommend that all internal streets that are designed to provide circulation within the residential pods (Streets A, B, C, D, E, F, G and H) be public streets. Accordingly, these streets shall have a dedicated 50-foot right-of-way and shall be constructed to Town standards, including a 5-foot concrete sidewalk. We note that the applicant is proposing that Streets C and D be private street/parking lot areas for the 30 affordable dwelling units that are proposed in the northwestern portion of the development. We acknowledge that the use of parking lots for vehicle storage instead of garages, is reasonable as the developer seeks to construct affordable units. We do not believe however, that it is fair to burden the affordable homeowners with the maintenance of private roads. Consequently, we are stipulating in Resolution A that all streets, including C and D, be public streets. We note that this change will necessitate on-street parking and/or parking lot adjustments for the affordable housing component of the development.

The applicant is proposing three perpendicular parking spaces (which are not allowed on a public street per Town Standards) at intersection of Streets ‘B’ and ‘D.’ We have included a stipulation in Resolution A requiring the deletion of these three parking spaces.

Finally, we note that the applicant is proposing to use an alternative pavement treatment at key intersections throughout the development. We are concerned about the maintenance implications associated with these non-typical surfaces, and recommend that standard asphalt be substituted at such locations. We do acknowledge, however, that traffic-calming devices are desirable at several of the key intersections within the development (off of Weaver Dairy Road Extension). Consequently, we recommend that the applicant incorporate alternative traffic-calming measures at these intersections, possibly including round-a-bouts, for approval by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included these stipulations in Resolution A.

Parking: Based on the number of proposed dwelling units, the Development Ordinance requires that a minimum number of parking spaces be provided on this site. Based on 191 three-bedroom dwelling units, the requirement is determined as follows:

Required and Proposed Parking Spaces

Use

Min. # Parking Spaces per Unit

Parking Spaces Required

Parking Spaces Proposed

Difference: Required / Proposed

Dwelling Unit-

Multi-Family

(3 Bedrooms)

382

433

+51 spaces

(13.4%)

The Development Ordinance requires a minimum of 382 parking spaces on this site and the applicant is proposing to provide a total of 433 parking spaces. The proposed number of parking spaces exceeds the maximum parking space policy (minimum required spaces plus 10%) established by the Town Council. Accordingly, we have included a stipulation in Resolution A that limits the parking to 420 spaces (the minimum required plus 10%).

We also note that the applicant has proposed perpendicular parking off of public streets in several locations throughout the development. Ninety-degree parking spaces are not permitted in accordance with Town standards, due to limited sight distances and the presence of two-way traffic. Accordingly, we recommend that the applicant remove these parking spaces and/or substitute angled parking (no greater than 45 degrees). We have included this stipulation in Resolution A. We note that on-street parking does not count toward the off-street parking requirement.

Bicycle Parking: We note that the Town’s Design Guidelines for bicycle parking in a multi-family residential development require that:

1) Bicycle parking be provided at a rate of one space per unit, plus 10% of auto spaces;

2) 90% of the bicycle parking spaces shall be Class I (enclosed); and

3) 10% of the bicycle parking spaces shall be Class II (stationary ‘U’ rack).

Accordingly, the Town’s Design Guidelines require that the applicant provide a total of 233 bicycle parking spaces (191 units + 10% of 420 parking spaces). The Guidelines also prescribe that 210 of the bicycle parking spaces shall be enclosed/protected from theft, vandalism and weather, while the remaining 23 spaces may be stationary ‘U’ racks.

The applicant has proposed that 161 of the 191 dwelling units shall have garages. These units are proposed to have enclosed bicycle parking in the garages. The applicant has proposed to provide bicycle racks for the remaining bicycle parking spaces. We do not believe that this proposal meets the Town’s Design Guidelines. We recommend that the applicant provide on-site bicycle parking as follows:

Minimum Required Bicycle Parking
Method of Providing Bicycle Spaces	Number of Bicycle Parking Spaces
Class I: Dwelling Units with Garage (161 units)	161
Class I: External secured, covered and illuminated bicycle parking spaces	49
Class II: Stationary ‘U’ Racks	23
TOTAL:	233

We have included a stipulation in Resolution A to this effect.

Traffic Impact: The applicant has provided an incomplete Traffic Impact Analysis for this development. The applicant’s analysis concludes the following:

“The signalized intersection of NC 86 and Weaver Dairy Road is projected to operate at an acceptable LOS during the 2004 build-out conditions. Other than the roadway improvements that are included in the Vilcom Traffic Impact Analysis, no roadway improvements are necessary.”

“The signalized intersection of Airport Road (NC 86) at Homestead Road is projected to operate at an acceptable LOS during the 2004 build-out conditions with the existing laneage.”

“The signalized intersection of Homestead Road at Seawell School Road is projected to operate at an acceptable LOS during the 2004 build-out conditions with the existing laneage.”

“The proposed unsignalized intersection of Homestead Road and Weaver Dairy Road is projected to operate with moderate delays for side street traffic during peak hours of operation. The intersection is not expected to meet signal warrants at build-out. Exclusive left and right turn lanes are recommended exiting Weaver Dairy Road. No additional lanes are recommended on Homestead Road.”

We believe that the Traffic Impact Analysis as submitted to date is incomplete. Consequently, we believe that the analysis does not accurately reflect future traffic impact scenarios for this development. In particular, we specifically note the following two assumptions provided in the analysis:

Assumption #1: That Weaver Dairy Road Extension will be completed and operational from NC Highway 86 to the northern boundary of this project at such time that this project is constructed.

Staff Comment: We note that the completion of Weaver Dairy Road Extension to the northern property line of this proposed development is dependent on the completion of construction associated with two other projects: Northwood V and Parkside II.

Northwood V was approved in the 1980s, and although the project has been partially constructed, there is no guarantee that the developer, Mr. Calvin Mellott, will complete the final phase of Weaver Dairy Road Extension that is required as part of his development. In particular, we note that the right-of-way necessary to complete this connection has not been dedicated to the Town.

Parkside II was approved in 2000 and is presently under construction. Parkside II is required to construct a segment of Weaver Dairy Road Extension, which would connect between Northwood V and The Homestead development. We note again that there is no guarantee that the Parkside II portion of Weaver Dairy Road Extension will be completed and available. Again, we note that the right-of-way necessary to complete this segment of Weaver Dairy Road Extension has not been dedicated to the Town.

Because there is no assurance that all segments of the Weaver Dairy Road Extension will be completed, thereby creating a continuous connection between NC Highway 86 and Homestead Road, we believe the applicant’s traffic analysis is incomplete unless it includes the no-build scenario, in which Weaver Dairy Road north of this development has not been connected through to NC Highway 86. We have not received that part of the Traffic Impact Analysis for The Homestead, to date.

Assumption #2: That there will be no change in existing traffic patterns on NC Highway 86 and Homestead Road, when Weaver Dairy Road Extension is completed.

Staff Comment: We believe if the Weaver Dairy Road Extension is completed, many vehicles that presently travel east on Homestead Road and north on NC Highway 86 during the AM peak, and many of the vehicles that presently travel south on NC Highway 86 and west on Homestead Road during the PM peak, will utilize the new Weaver Dairy Road Extension. We do not believe that the existing Traffic Impact Analysis accurately addresses this issue.

We believe that applicant’s Traffic Impact Analysis does not thoroughly address all potential future traffic scenarios for this development. Therefore, the staff has presumed a worst case-scenario regarding additional improvements that are needed in the Homestead Road corridor, to ensure future acceptable Levels of Service at the completion of this project. Accordingly, we recommend that the following improvements be required as part of this development:

· That one-half of a 90-foot right-of-way be dedicated along all portions of this site’s Homestead Road frontage.

· That Homestead Road be improved along all portion’s of this site’s Homestead Road frontage, to one-half of a 49-foot cross-section, with curb and gutter, a 4-foot bike lane, a 3-foot wide planter strip, and a 5-foot wide concrete sidewalk, to the extent that right-of-way is available. If it can be shown that sufficient right-of-way is not available to make these improvements in a reasonable manner, then a payment-in-lieu may alternatively be submitted for the construction of these future improvements.

· That exclusive left and right turn lanes shall be constructed on Homestead Road and on Weaver Dairy Road Extension at the Homestead Road/Weaver Dairy Road Extension intersection, to the extent that right-of-way is available. If it can be shown that sufficient right-of-way is not available to make these improvements on Homestead Road, then a payment-in-lieu may alternatively be submitted for these improvements.

· That a payment-in-lieu be provided for a traffic signal at the Homestead Road/Weaver Dairy Road intersection. We note that this development will create a new intersection on Homestead Road. If this development is not constructed in this location, then no intersection will be created. In addition, we believe that the proposed development will contribute most of the trips from Weaver Dairy Road Extension onto Homestead Road at this new intersection. A traffic signal is needed at this proposed intersection, to move future traffic in a safe and orderly manner.

· That the entrance drive to the recreational building on the southwestern portion of this site, be redesigned and built to provide safer ingress and egress, subject to the approval of the Town Manager.

We have included stipulations to this effect in Resolution A. In particular, we have stipulated that the payment-in-lieus be paid and right-of-way shall be dedicated prior to the issuance of a Zoning Compliance Permit, and that all road improvements shall be completed prior to the issuance of the first Certificate of Occupancy for this development. We note that Homestead Road is scheduled on the Transportation Improvement Program (TIP) for widening and lane improvements beginning with right-of-way acquisition in 2003. Accordingly, we have worded these stipulations to require that these improvements be in place prior to the issuance of the first Certificate of Occupancy for this development – we have not specified who is required to make each improvement. Therefore, if NCDOT acquires the required right-of-way and/or makes other improvements prior to the applicant’s development of the site, the applicant would not bear the financial burden of each such respective stipulation.

Bus Service: Presently, the nearest bus stop to this development site is located on Airport Road, immediately east of the Brookstone Apartments. There is no bus service available on Homestead Road at this time. We would note that as part of the Town’s the 2001-2006 Short Range Transit Plan, we will review changes to existing transit routes and the possible addition of new routes. As part of this process, the Town will review the utility of routing bus service to and/or through this development.

We believe that the future completion of Weaver Dairy Road Extension and/or the construction of the nearby approved Chapel Ridge development on Brookstone Drive, will impact bus service routing in this vicinity. Thus, we believe that a bus stop on this site would be desirable. We believe however, that it is premature at this time to select a specific location for a bus shelter on the applicant’s site. Accordingly, we recommend that the applicant provide a payment-in-lieu of a bus stop, including pad, bench and shelter, to be used for improvements to serve this development. We have included this stipulation in Resolution A.

Buffers and Landscaping: The following landscape buffers are required by the Town’s Development Ordinance:

Landscape Bufferyards
Bufferyard Location	Required Bufferyard	Proposed Bufferyard
South along Homestead Road	30’ Type ‘D’ External	30’ Type ‘D’ External
West along University Railroad	30’ Type ‘D’ External	30’ Type ‘D’ External
Along the east and west sides of Weaver Dairy Road Ext.	30’ Type ‘D’ External	30’ Type ‘D’ External
Northern Border of site, West of Weaver Dairy Road Ext.	20’ Type ‘C’ Internal	20’ Type ‘C’ Internal
Northern Border of site, East of Weaver Dairy Road Ext.	10’ Type ‘B’ Internal	10’ Type ‘B’ Internal
Eastern Border of site, adjacent to Homestead Park	20’ Type ‘C’ Internal	20’ Type ‘C’ Internal
Southeastern Border of site, adjacent to residential property	10’ Type ‘B’ Internal	10’ Type ‘B’ Internal

We note that the applicant is proposing to retain existing vegetation, including several significant trees, in the site’s eastern buffer adjacent to Homestead Park. We recommend that the plans be revised to retain existing vegetation in the northern and southeastern buffers, subject to the approval of the Town Manager. We note that limited use of retaining walls may be needed to accomplish this task.

In addition to the preservation of existing vegetation in the site’s perimeter buffers, we recommend that supplemental evergreen shrubs be installed to supplement the existing retained native vegetation, subject to the approval of the Town Manager.

We recommend that the applicant’s plans be revised to retain most of the existing vegetation in the proposed Weaver Dairy Road Extension buffers (on both the east and west sides of the road). Appropriate revisions should be made to the proposed surface grading to retain more buffer vegetation, and/or limited use of retaining walls may be utilized to accomplish this preservation of existing vegetation along Weaver Dairy Road Extension, subject to the approval of the Town Manager. We note that the side slopes needed to construct the portion of the road that crosses the Resource Conservation District will significantly limit the amount of existing vegetation that can be retained in this specific portion of the buffer area.

The applicant is proposing to preserve existing vegetation in the southeastern portion of the site, in the “Three-Story Townhomes” area. We note that the applicant’s proposal includes the preservation of a 48-inch Triple Red Oak, a 24-inch White Oak, and a 30-inch Red Oak in this area of existing vegetation. We recommend that the plans be revised to minimize the impact of construction on the root zone of the 30-inch Red Oak, which appears to have better form and to be more vigorous than most of the site’s specimen trees. Accordingly, we have included a stipulation that the grading and landscape protection plans be revised to ensure that a minimum of 80% of this tree’s critical root zone remain undisturbed.

We believe that the applicant’s preservation of a pocket of open space/existing vegetation is a desirable amenity in the southeastern “Three-Story Townhomes” portion of the site. We also recommend the preservation of a similar pocket of existing vegetation in the northeastern portion of the site, creating a central open space in the “Master Downs Townhomes” section of the development, subject to the approval of the Town Manager.

We note that Town’s Development Ordinance requires 35% shading of parking lots. Accordingly, we recommend that all parking lot shade trees be a minimum of 2–2½ inch caliper when installed, and that the applicant provide documentation that the proposed shading plan fulfills the requirements of the Development Ordinance.

We also recommend that the Landscape Plan address how the stormwater detention basin will be screened from the view of the surrounding public rights-of-way.

In summary, we have included stipulations in Resolution A that require the applicant to make the above-noted revisions to the plans, subject to the approval of the Town Manager, prior to the issuance of a Zoning Compliance Permit.

Building Elevations: We recommend that detailed building elevations and a lighting plan be approved by the Community Design Commission, prior to the issuance of a Zoning Compliance Permit. This recommendation is included in Resolution A.

Stormwater Management: The applicant proposes to provide a stormwater detention facility to meet the Town’s requirement that the post-development stormwater runoff rate not exceed the pre-development rate. The stormwater detention basin is proposed in the southeastern corner of the site, outside of the Resource Conservation District. The stormwater detention basin is proposed to handle runoff from the rooftops and driveways, and the development’s public streets and sidewalks. We note however, that stormwater drainage for Weaver Dairy Road Extension is routed separately from other site drainage and will discharge into the Resource Conservation District.

Because the applicant is proposing to direct both private property drainage and public street drainage into the proposed stormwater detention basin, we recommend that all stormwater infrastructure be included in recorded drainage easements that have a minimum width of 30 feet. In addition, we recommend that a stormwater drainage operations and maintenance plan be developed prior to the issuance of a Zoning Compliance Permit. A Homeowners’ Association shall be established and have responsibility for the implementation of the stormwater drainage operations maintenance plan.

We have included the following stormwater management plan stipulation in Resolution A:

That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The plan shall include a detention basin designed (1) to capture the first one inch of runoff, and subsequently release it over a 2-5 day period, and (2) to control the 2-year storm and the 50-year storm, such that for each of these design-year storms, the post-development 24-hour frequency stormwater discharge rate of water leaving the site shall not exceed the pre-development discharge rate. The detention basin shall also have an emergency spillway device safely conveying stormwater exceeding the maximum design capacity. The detention basin shall be designed and constructed in such a manner to avoid any intrusion into the adjoining Resource Conservation District (RCD).

We also believe that it is appropriate to require the Homeowners’ Associationto provide certification of storage capacity of the detention basins by a surveyor or professional engineer to the Town Stormwater Engineer on an annual basis, to ensure the long-term maintenance and functionality of the on-site detention basin. We have also included this stipulation in Resolution A.

Finally, we recommend that a detailed landscaping plan be provided for the detention basin. We have included this stipulation in Resolution A.

Bio-Retention: The applicant’s plans do not include any bio-retention areas. We recommend bio-retention areas where appropriate, for the treatment of stormwater runoff. We have included a stipulation in Resolution A that requires the applicant to either (1) establish a bio-retention area on the site and provide the proposed bio-retention area design, including a list of acceptable plant species; or (2) incorporate bio-retention elements into the proposed detention basin, including a list of acceptable plant species, subject to the approval of the Town Manager prior to the issuance of a Zoning Compliance Permit.

Refuse Management : The applicant has proposed that the Town of Chapel Hill provide curbside refuse collection and that Orange Community Recycling provide curbside recycling services to this site. We note that this development is a multi-family residential development and thus is required by Town Code to provide bulk refuse collection facilities if public services are to be provided. Consequently, we have included the following stipulation in Resolution A:

· That the developer provide bulk refuse and recycling collection facilities (including corrugated cardboard) throughout the site, subject to the approval of the Town Manager, prior to the issuance of a Zoning Compliance Permit; OR

· That the developer contract with a private refuse collection and/or recycling collection service for curbside collection, and alternatively indicate how sufficient bulk refuse and recycling collection facilities would be constructed on the plans, in the event that public service is requested in the future.

We note that Town refuse collection services will not be available to this development until the development has been annexed into the Town’s corporate limits.

We have also included our standard stipulations in Resolution A requiring (1) that a Solid Waste Management Plan be developed for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit, (2) that all drive aisles which provide access to the compactor, future dumpsters and recycling facilities, be constructed with heavy duty pavement, and (3) that the following note be included on final plans; “prior to any construction activity on the site the applicant will hold a pre-construction conference with Orange County Solid Waste staff.”

Utilities: We recommend that detailed utility plans be reviewed and approved by OWASA, Duke Power Company, Public Service Company, BellSouth, Time Warner Cable and the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

Fire Safety: We have included our standard stipulation in Resolution A requiring that a fire flow report sealed by a professional engineer, be submitted for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.

We note that it is Town Policy that all structures shall be located within 500 feet of a fire hydrant. We have included a stipulation in Resolution A requiring that the plans be revised to include an additional sheet that functions as an overall site/utility plan that shows all hydrant locations on one page, in order to verify that hydrants are properly spaced throughout the development.

In addition, we believe that each of these multi-family residential structures with three or more attached units, and a total of more than 6,000 square feet of floor area, will need to be sprinklered in accordance with Town Code. We note that the Town seeks to maintain a 50-foot maximum distance between fire hydrants and fire department connections for sprinklered buildings (in a clearly visible and accessible location on the street side of buildings).

Recreation Space: Based on Residential-4-Conditional zoning, the Development Ordinance requires a minimum of 64,564 square feet (approximately 1.5 acres) of active recreation space for this multi-family residential development. We note that Section 13.7.8 of the Development Ordinance provides that the Council may allow the substitution of "areas designated as future greenways in the Town’s Comprehensive Plan” for improved recreation areas in a residential development, subject to the Council’s approval. This site is designated for a future greenway in the Town’s 2000 Comprehensive Plan.

The application is proposing to deed approximately 12.5 acres of the site to the Town of Chapel Hill for recreational purposes. In particular, the proposed recreational area to be deeded to the Town includes all of the land located west and south of the perennial stream, on the portion of the site that is located west of Weaver Dairy Road Extension. We note that the applicant’s proposal includes the dedication of property that is indicated on the Comprehensive Plan as being associated with a planned greenway (a “rail trail”) and includes the dedication of a gymnastics instruction building located in the southwestern corner of the site.

We believe that the applicant’s proposal is desirable and would provide a significant portion of a future greenway corridor, while also providing additional land for other recreational purposes. After reviewing and evaluating the proposed greenway corridor, we recommend the following stipulations:

· We recommend that the dedicated recreation area be expanded slightly to include 25 feet of land on the eastern side of the perennial stream, ending at the western edge of the Weaver Dairy Road Extension right-of-way. We believe that this additional land provides the opportunity for the Town to control activities on both sides of the stream. The remaining 50 feet of Resource Conservation District on the east side of the stream would remain under the ownership and management of the Homeowners’ Association.

· Based on the location of the perennial stream in the northwest corner of the site (close proximity to railroad and steep slopes), we believe that the future rail trail may actually need to enter the site on the east side of the stream and then cross over to the west side of the stream. In addition, we note that a future bicycle and pedestrian connection is proposed in the northwest corner of the site. We believe that it would be desirable for both of these situations to take place on land deeded to the Town. Accordingly, we recommend that the area to be deeded to the Town be expanded in the northwest corner of the site as follows:

That the land to be deeded to the Town shall begin at the northern property line and run along the western edge of the Weaver Dairy Road Extension for a distance of 125 feet, at which point said boundary shall run directly west to the edge of the Resource Conservation District, and then follow said Resource Conservation District boundary for a distance of 100 feet, at which point said boundary shall taper westward to a point that is 25 feet east of the centerline of the eastern bank of the perennial stream that bisects the property.

In addition to the proposed greenway dedication, we also believe that some active recreation area is desirable as part of this applicant’s development. In particular, we believe that two (2) “Tot Lots” (one on each side of Weaver Dairy Road Extension) should be provided to offer recreational opportunities within reasonable walking distance for children living in this development. We have included this stipulation in Resolution A.

Finally, we recommend that the developer construct a pedestrian path or provide a payment-in-lieu for construction of an improved path from Street ‘B’ to the building/gym in the southwest corner of the recreational area. We note that such a pedestrian path will include a bridge crossing in the Resource Conservation District. We recommend that the developer revegetate any portions of the Resource Conservation District that are disturbed while constructing the bridge crossing.

We have included these stipulations in Resolution A.

Erosion Control: We recommend that a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. A performance guarantee shall be required, in accordance with the Town Code of Ordinances, and the guarantee shall be approved by the Town Manager prior to issuance of any permit authorizing land-disturbing activity. We have included a stipulation to this effect in Resolution A.

Affordable Housing: The applicant is proposing that 30 of the 191 dwelling units (15.7%) would be classified as “affordable units” that would be available for private ownership to individuals or families earning 80% or less of the median family income for the Raleigh-Durham-Chapel Hill Metropolitan Statistical Area (MSA), as provided by the U.S. Department of Housing and Urban Development (HUD).

We note that because this development proposes at least 15% of the dwelling units to be affordable to low-moderate income families (80% of the area median income for a family of four), the applicable development fees have been waived. The respective fees for this development application would have been $60,000 for the Special Use Permit (maximum fee) and $2,724 for the Zoning Atlas Amendment.

Accordingly, we recommend the following stipulations in Resolution A:

· That the developer shall identify and reserve no fewer than 30 dwelling units in The Homestead development as “affordable units.”

· That the affordable units shall only be available for private ownership and occupancy. Homeowner covenants shall be established to prevent rental of these units.

· That the affordable units shall be priced so as to be affordable for Qualified Buyers. Qualified Buyers shall be defined as those individuals or families with gross incomes equal to 80% or less of the median family income for the Raleigh-Durham-Chapel Hill Metropolitan Statistical Area (MSA), as provided by the U.S. Department of Housing and Urban Development (HUD).

· Each Qualified Buyer shall deliver to the Developer written evidence, acknowledged in writing by the Orange Community Housing Corporation (or alternative organization as approved by the Town Manager), that such buyer has been officially determined to be a Qualified Buyer.

· That mechanisms shall be established to guarantee that the 30 affordable units shall be permanently affordable and available to Qualified Buyers, subject to the approval of the Town Manager and the Orange Community Housing Corporation (or alternative organization as approved by the Town Manager).

· That 15 of the affordable units shall be constructed and available for occupancy, prior to the issuance of a Certificate of Occupancy for the 75^thunit. All 30 of the affordable units

shall be constructed and available for occupancy, prior to the issuance of a Certificate of Occupancy for the 120^th unit.

We believe that these stipulations would implement the affordable housing component of this development, and thus support the waiver of development review fees ($62,724) as called for by Town policies.

Comprehensive Plan: The Homestead site was designated as medium-density residential (4-8 units per acre) in the Land Use Plan adopted as part of the new Comprehensive Plan by the Town Council, on May 8, 2000. This proposed development, at 4.0 units per acre, is consistent with that plan. We believe that this proposal also addresses the affordable housing and greenway objectives of the Comprehensive Plan.

Miscellaneous: We have also included stipulations in Resolution A (1) requiring that no open burning associated with this development shall be permitted; and (2) encouraging the developer to conduct a “plant rescue” after the issuance of a Zoning Compliance Permit and prior to the start of construction.

Special Use Permit Findings: For approval of a Special Use Permit, the Council must make the following findings, as set forth in Section 18.2 of the Development Ordinance:

(a) 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.

(b) 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.

(c) 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;

(d) 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.

Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made.

CONCLUSION

Based on information available at this stage of the application review process, we believe that the proposal, with the conditions in Resolution A, meets the requirements of the applicable sections of the Development Ordinance and Design Manual, and that the proposal fulfills the purposes of the Comprehensive Plan. We note that this conclusion is based on rezoning of the site to Residential-4-Conditional (R-4-C)

Resolutions A, B, C, D and E would approve the application with conditions.

Resolution F would deny the application.

ATTACHMENT 2

Project Fact Sheet Requirements

Check List of Regulations and Standards

Special Use Permit Application

	STAFF EVALUATION
	With R-4-C Rezoning		With Current Zoning
THE HOMESTEAD	Compliance	Non-Compliance	Compliance	Non-Compliance
Use Permitted	Ö		Ö
Min. Gross Land Area	Ö		Ö
Min. Lot Width	Ö		Ö
Max. Floor Area	Ö			Ö
Min. Outdoor Space	Ö		Ö
Min. Livability Space	Ö		Ö
Min. Recreation Space	Ö		Ö
Impervious Surface Limits	N/A		N/A
Min. # Parking Spaces	Ö		Ö
Min. # Loading Spaces	N/A		N/A
Min. # Handicap Spaces	Ö		Ö
Max. # Dwelling Units	Ö		Ö
Min. Street Setback	Ö		Ö
Min. Interior Setback	Ö		Ö
Min. Solar Setback	Ö		Ö
Max. Height Limit	Ö		Ö
Min. Landscape Buffers	Ö		Ö
Public Water and Sewer	Ö		Ö

N/A = Not Applicable Prepared: May 4, 2001

ATTACHMENT 3

RESOLUTION A

(Parks & Recreation Commission

and Manager’s Preliminary Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE HOMESTEAD

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Kimley-Horn and Associates, Inc., on property identified as Chapel Hill Township Tax Map 24, Lot 16 and a Portion of Lot 12 (PIN#s: 9880-01-0417 and 9870-92-6174), if developed according to the site plan prepared on February 9, 2001, 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 this Resolution of Approval shall only be valid with the approval of a Zoning Atlas Amendment changing the zoning of the site listed above to Residential-4-Conditional, by both the Chapel Hill Town Council and the Orange County Board of Commissioners;

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for The Homestead in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. That construction begin by ________________ (two years from the date of Council approval) and be completed by ____________ (five years from the date of Council approval).

2. Land Use Intensity: This Special Use Permit authorizes the construction of a multi-family residential development, specified as follows:

Total # of Buildings: 41

Total # of Dwelling Units: 191

Maximum Floor Area Total: 385,000 s.f.

Minimum # of Bicycle Parking Spaces: 233

Minimum Outdoor Space: 1,900,893 s.f.

Minimum Livability Space: 1,615,299 s.f.

Minimum Recreation Space: 545,806 s.f.

3. Subdivision of Property: That this development (Chapel Hill Township Tax Map 24, Lot 16 and a portion of Lot 12), if proposed to be subdivided, must be subdivided in accordance with the Town’s townhouse development provisions. Private parking, private drive aisles, open space, landscape bufferyards, and stormwater infrastructure shall all be common land area that is owned and maintained by a Homeowner’s Association.

Stipulations Related to Required Improvements

4. Weaver Dairy Road Extension: That the following Weaver Dairy Road Extension improvements be constructed, prior to issuance of the first Certificate of Occupancy for this development:

A. That 98 feet of right-of-way be dedicated for the extension of Weaver Dairy Road from Homestead Road to the Parkside II Subdivision. The final right-of-way width shall extend at least one foot beyond the edge of the sidewalk.

B. That a divided four-lane cross-section with a median will be graded.

C. That one-half of Weaver Dairy Road (the eastern half) shall be constructed, extending from the southern to northern property line of this site, as a 32-foot wide cross-section from back-of-curb to back-of-curb, including curb and gutter, two 12-foot wide travel lanes, a 4-foot wide bike lane, a 3-foot planter strip and a 5-foot wide concrete sidewalk.

D. That the Weaver Dairy Road Extension travel lanes, at the intersection of Weaver Dairy Road Extension and Homestead Road, be constructed with temporary southbound left and right turn lanes, and one northbound travel lane.

5. Homestead Road Right-of-Way and Traffic Signal: That the following Homestead Road improvements shall be implemented prior to issuance of a Zoning Compliance Permit

A. That one-half of a 90-foot right-of-way be dedicated along all portions of this site’s Homestead Road frontage;

B. That a payment-in-lieu shall be provided for a traffic signal at the Homestead Road/Weaver Dairy Road intersection;

6. Homestead Road Improvements: That the following Homestead Road improvements shall be approved prior to issuance of a Zoning Compliance Permit, and installed prior to issuance of the first Certificate of Occupancy for this development:

A. That Homestead Road be improved along all portions of this site’s Homestead Road frontage, to one-half of a 49-foot cross-section, with curb and gutter, a 4-foot bike lane, a 3-foot wide planter strip, and a 5-foot wide concrete sidewalk, to the extent that right-of-way is available. If it can be shown that sufficient right-of-way is not available to make these improvements in a reasonable manner, then a payment-in-lieu may alternatively be submitted for these improvements.

B. That exclusive left and right turn lanes shall be constructed at the Homestead Road/Weaver Dairy Road Extension intersection, to the extent that right-of-way is available. If it can be shown that sufficient right-of-way is not available to make these improvements, then a payment-in-lieu may alternatively be submitted.

C. That the entrance drive to the recreational building on the southwestern portion of this site, shall be redesigned and built to provide safer ingress and egress, subject to the approval of the Town Manager.

7. Dedication of Public Streets: That a 50-foot right-of-way shall be dedicated for all internal roadways that are proposed to be constructed as public streets (Streets A, B, C, D, E, F, G and H), and that these streets shall be built to Town standards, including a 5-foot concrete sidewalk. Any on-street parking for Streets C and D shall be designed to meet Town Standards, prior to the issuance of a Zoning Compliance Permit.

8. Town Standards: That all streets, parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards.

9. Traffic-Calming: That standard asphalt shall be substituted for the alternative pavement treatment proposed at key intersections within the development, and that the applicant shall incorporate alternative traffic-calming measures at these intersections, possibly including round-a-bouts, subject to the approval of the Town Manager, prior to issuance of a Zoning Compliance Permit.

10. Bus Stop: That the applicant submit a payment-in-lieu of a bus stop, including pad, bench and shelter, prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Parking

11. Vehicular Parking: Parking shall not exceed 110% of the minimum parking requirements (2.0 spaces for each three-bedroom unit, and 1.5 spaces for each one or two-bedroom unit). A maximum of 420 parking spaces shall be allowed.

12. Removal of 3 Parking Spaces on Street B: That the three perpendicular parking spaces at the intersection of Street B and Street D shall be removed.

13. Removal of Perpendicular Parking: That all perpendicular parking spaces located on public streets shall be removed. Alternatively, the plans may be revised to substitute angled parking, as long as the angle does not exceed 45 degrees.

14. Bicycle Parking: That the applicant shall provide a minimum of 233 bicycle parking spaces, as follows:

Minimum Required Bicycle Parking
Method of Providing Bicycle Spaces	Number of Bicycle Parking Spaces
Class I: Dwelling Units with Garage (161 units)	161
Class I: External secured, covered and Illuminated bicycle parking spaces	49
Class II: Stationary ‘U’ Racks	23
TOTAL:	233

The Class II Stationary ‘U’ Racks shall be distributed throughout the site, being reasonably accessible to all dwelling units.

Stipulations Related to Landscape Elements

15. 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.

16. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees will be removed and preserved and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

17. 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:

Landscape Bufferyards
Bufferyard Location	Bufferyard
South along Homestead Road	30’ Type ‘D’ External
West along University Railroad	30’ Type ‘D’ External
Along the east and west sides Of Weaver Dairy Road Ext.	30’ Type ‘D’ External
Northern Border of site, West of Weaver Dairy Road Ext.	20’ Type ‘C’ Internal
Northern Border of site, East of Weaver Dairy Road Ext.	10’ Type ‘B’ Internal
Eastern Border of site, adjacent to Homestead Park	20’ Type ‘C’ Internal
Southeastern Border of site, adjacent to residential property	10’ Type ‘B’ Internal

18. Preservation of Existing Vegetation: That the plans shall be revised to retain existing vegetation in the northern and southeastern buffers, subject to the approval of the Town Manager, prior to issuance of a Zoning Compliance Permit. We note that limited use of retaining walls may be needed to accomplish this task.

19. Supplement Buffer Plantings: That supplemental evergreen shrubs shall be installed in the site’s perimeter buffers where needed to supplement the existing retained native vegetation, subject to the approval of the Town Manager, prior to issuance of a Zoning Compliance Permit.

20. Weaver Dairy Road Extension Buffers: That the plans shall be revised to retain a significant amount of the existing vegetation in the proposed Weaver Dairy Road Extension buffers (on both the east and west sides of the road). Appropriate revisions shall be made to the proposed surface grading to retain more buffer vegetation, and/or limited use of retaining walls may be utilized to accomplish this preservation of existing vegetation along Weaver Dairy Road Extension, subject to the approval of the Town Manager, prior to issuance of a Zoning Compliance Permit. We note that the side slopes needed to construct the portion of the road that crosses the Resource Conservation District will significantly limit the amount of existing vegetation that can be retained in this specific portion of the buffer area.

21. Preservation of 30-inch Red Oak: That the plans shall be revised to ensure that a minimum of 80% of this tree’s critical root zone remain undisturbed. This tree is located in the “Three-Story Townhome” open space area that is noted for preservation.

22. Preservation of “Master Downs Townhomes” Open Space Pocket: That the plans shall be revised to preserve a pocket of open space/existing vegetation in the northeastern “Master Downs Townhomes” section of the development, similar to the pocket of open space preserved in the “Three-Story Townhome” section of the development, subject to the approval of the Town Manager, prior to issuance of a Zoning Compliance Permit.

23. Slopes in Buffer Areas: That all newly graded landscape buffer areas shall not exceed a 3:1 slope.

24. Parking Lot Plantings: That all parking lot shade trees used to demonstrate compliance with the 35% parking lot shading requirement, shall be a minimum of 2-inch to 2½-inch in caliper when installed.

25. Planting Strips/Screening: That five-foot wide planting strips shall be provided between parking areas and each building, and that all parking areas shall be screened in accordance with Section 14 of the Chapel Hill Development Ordinance.

26. Stormwater Detention Basin: That the Landscape Plan shall provide details as to how the stormwater detention basin will be screened from the view of the surrounding public rights-of-way. In addition, the plan shall provide a detailed landscaping plan for the detention basin.

Stipulations Related to Utilities

27. Utility/Lighting Plan Approval: That the final utility/lighting plan shall be approved by Orange Water and Sewer Authority (OWASA), Duke Power Company, Public Service Company, BellSouth, Time-Warner Cable, and the Town Manager before issuance of a Zoning Compliance Permit.

28. Utility Lines: That all utility lines, other than 3-phase electric power distribution lines, shall be underground.

Stipulations Related to Fire Protection/Fire Safety

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

30. Fire Hydrants: That all structures shall be located within 500 feet of a fire hydrant. In addition, the plans shall be revised to include an additional sheet that functions as an overall site/utility plan to indicate all hydrant locations on one page, in order to verify that hydrants are properly spaced throughout the development.

31. Sprinkler System: That the buildings shall have a sprinkler system in accordance with Town Code, which shall be approved by the Town Manager.

32. Fire Department Connections: That fire hydrants and fire department connections shallbe located in accordance with Town policies and regulations, and that fire department connections must be located on street side of buildings in visible, accessible locations.

Stipulations Related to Recreation Area

33. Tot Lots: That two “Tot Lots” shall be constructed as part of the development, one on each side of Weaver Dairy Road Extension. The “Tot Lots” shall be designed and located in such a manner to be within reasonable walking distance for all dwelling units, and shall be approved prior to the issuance of a Zoning Compliance Permit.

34. Deed Land to the Town: That the developer shall deed all of the following areas to the Town of Chapel Hill for municipal purposes, unless directed by the Town Manager to alternatively deed the following area (or portions thereof) to the Homeowners’ Association for this development:

A. The 12.5 acres of land on the western and southwestern portions of this site, consisting of all land that is located on this site south and west of the perennial stream, on the west side of Weaver Dairy Road Extension;

B. The first 25 feet of land running along the eastern side of the perennial stream, from the point where the perennial stream crosses the northern property boundary to the point where the stream intersects the proposed Weaver Dairy Road Extension right-of-way; and

C. Additional land in the northwestern corner of the site, including all land on this site that is located west of the following line: That line beginning at the point where the western edge of the Weaver Dairy Road Extension right-of-way intersects the northern property line, and thus running south along the western edge of the Weaver Dairy Road Extension right-of-way for a distance of 125 feet, at which point said line runs due west to the edge of the Resource Conservation District, and then follows said Resource Conservation District boundary southward for a distance of 100 feet, at which point said line shall taper westward to a point that is 25 feet east of the centerline of the eastern bank of the perennial stream that bisects the property.

35. Pedestrian Path: That the developer shall construct a pedestrian path or provide a payment-in-lieu for construction of an improved path from Street ‘B’ to the building/gym in the southwest corner of the recreational area. We note that such a pedestrian path will include a bridge crossing in the Resource Conservation District. The developer shall be required to revegetate any portions of the Resource Conservation District that are disturbed while constructing the bridge crossing.

Stipulations Related to Homeowners’ Association

36. Homeowners’ Association: That a Homeowners’ Association shall be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of common areas, however designated. The Homeowners’ Association documents shall be approved by the Town Manager, recorded at the Orange County Register of Deeds Office and cross-referenced on the final plat.

37. Stormwater Detention Facility: That the Homeowners’ Association shall be responsible for the ownership and maintenance of the stormwater detention facility .

38. Ownership of Recreation Area: That all common areas, including landscape bufferyards, open space and Tot Lots shall be owned and maintained by the Homeowners’ Association for this development.

Stipulations Related to Refuse and Recycling Collection

39. 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.

40. Refuse Collection and Recycling: That the developer shall provide bulk refuse and recycling collection facilities (including corrugated cardboard) throughout the site, subject to the approval of the Town Manager, prior to the issuance of a Zoning Compliance Permit; OR that the developer shall contract with a private refuse collection and/or recycling collection service for curbside collection, and alternatively indicate how sufficient bulk refuse and recycling collection facilities would be constructed on the plans, in the event that public service is requested in the future.

41. Heavy-Duty Paving: That all drive aisles that provide or potentially provide access to compactors, dumpsters or recycling facilities, shall be constructed with heavy-duty pavement.

42. Pre-construction Conference: That the applicant will hold a pre-construction conference with Orange County Solid Waste staff prior to any construction activity on the site. A note indicating this conference shall be included on final plans.

Stormwater Stipulations

43. Stormwater Management Plan: That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The plan shall include a detention basin designed (1) to capture the first one inch of runoff, and subsequently release it over a 2-5 day period, and (2) to control the 2-year storm and the 50-year storm, such that for each of these design-year storms, the post-development 24-hour frequency stormwater discharge rate of water leaving the site shall not exceed the pre-development discharge rate. The detention basin shall also have an emergency spillway device safely conveying stormwater exceeding the maximum design capacity. The detention basin shall be designed and constructed in such a manner to avoid any intrusion into the adjoining Resource Conservation District (RCD).

44. Certification of Storage Capacity: That the Homeowners’ Associationshall provide certification of storage capacity of the detention basins by a surveyor or professional engineer to the Town Stormwater Engineer on an annual basis, to ensure the long-term maintenance and functionality of the on-site detention basin.

45. Bio-Retention: That the plans shall be revised to either (1) establish a bio-retention area on the site and provide the proposed bio-retention area design, including a list of acceptable plant species; or (2) incorporate bio-retention elements into the proposed detention basin, including a list of acceptable plant species, subject to the approval of the Town Manager prior to the issuance of a Zoning Compliance Permit.

46. Drainage Easements: That all stormwater infrastructure shall be included a drainage easements that have a minimum width of 30 feet. These easements shall be approved by the Town Manager and recorded with the Orange County Register of Deeds, prior to issuance of a Zoning Compliance Permit.

47. Operations and Maintenance: That a stormwater drainage operations and maintenance plan shall be developed, and approved by the Town Manager, prior to issuance of a Zoning Compliance Permit. The Homeowners’ Association shall have sole responsibility for the implementation of the stormwater drainage operations and maintenance plan.

Affordable Housing Stipulations

48. That the developer shall identify and reserve no fewer than 30 dwelling units in The Homestead development as “affordable units,” in accordance with the following conditions:

A. That the affordable units shall only be available for private ownership and occupancy. Homeowner covenants shall be established to prevent rental of these units.

B. That the affordable units shall be priced so as to be affordable for Qualified Buyers. Qualified Buyers shall be defined as individuals or families with gross incomes equal to 80% or less of the median family income for the Raleigh-Durham-Chapel Hill Metropolitan Statistical Area (MSA), as provided by the U.S. Department of Housing and Urban Development (HUD).

C. Each Qualified Buyer shall deliver to the Developer written evidence, acknowledged in writing by the Orange Community Housing Corporation (or alternative organization as approved by the Town Manager), that such buyer has been officially determined to be a Qualified Buyer.

D. That mechanisms shall be established to guarantee that the 30 affordable units shall be permanently affordable and available to Qualified Buyers, subject to the approval of the Town Manager and the Orange Community Housing Corporation (or alternative organization as approved by the Town Manager).

E. That 15 of the affordable units shall be constructed and available for occupancy, prior to issuance of a Certificate of Occupancy for the 75^thunit. All 30 of the affordable units shall be constructed and available for occupancy, prior to issuance of a Certificate of Occupancy for the 120^th unit.

Miscellaneous Stipulations

49. Community Design Commission Approval: That the Community Design Commission shall approve the building elevations and the lighting plan for the site, prior to issuance of a Zoning Compliance Permit.

50. 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.

That 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; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and that a note to this effect shall be placed on the final plat.

51. 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.

52. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, shall be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. A performance guarantee shall be required, in accordance with the Town Code of Ordinances, and the guarantee shall be approved by the Town Manager prior to issuance of any permit authorizing land-disturbing activity.

53. Open Burning: That no open burning shall be permitted during the construction of this development.

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

55. Construction Sign Required: That the applicant shall post a construction site identification sign following the issuance of a building permit, prior to the start of any construction activity on the site. The sign’s message shall include the following:

A. Project Name;

B. Identification of Property Owner’s representative (including phone number);

C. Identification of architects, engineers, contractors, and other individuals or firms involved with the construction (including phone numbers); and

D. Identification of the Town of Chapel Hill Planning Department (including phone number) as the contact for regulatory information.

The construction sign may have a maximum display area of 16 square feet, and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.

56. Plant Rescue: That the applicant is encouraged to conduct a “plant rescue” for this site, after issuance of a Zoning Compliance Permit and prior to the start of construction.

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

58. 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 The Homestead.

This the _________ day of _______________, 2001.

ATTACHMENT 4

RESOLUTION B

(Planning Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE HOMESTEAD

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 The Homestead 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. Traffic Signal: That Stipulation #5(B) of Resolution A shall be revised as follows:

“That a payment-in-lieu shall be provided for a percentage of the cost of the traffic signal at the Homestead Road/Weaver Dairy Road intersection, and this payment-in-lieu shall be returned if the signal has not been installed after 5 years.”

3. Vehicular Parking: Stipulation # 11 of Resolution A shall be revised as follows:

“Parking shall not exceed 113.4% of the minimum parking requirements (2.0 spaces for each three-bedroom unit, and 1.5 spaces for each one or two-bedroom unit). A maximum of 433 parking spaces shall be allowed.”

4. Bicycle Parking: That stipulation #14 of Resolution A be revised as follows:

“That required bicycle parking shall be limited to a total of ten U-Racks (one for each overflow parking area), and 30 covered spaces for the affordable housing units.”

5. Pedestrian Path: That stipulation #35 of Resolution A be revised as follows:

“That the developer shall construct a pedestrian path or provide a payment-in-lieu for construction of an improved path from Street ‘B’ to the perennial stream that bisects the site, in order to provide access to the land in the southwest corner of the site. We note that such a pedestrian path will include a bridge crossing in the Resource Conservation District. The developer shall be required to revegetate any portions of the Resource Conservation District that are disturbed while constructing the bridge crossing. The developer shall not be required to construct a pedestrian path on the south side of the bridge.”

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 The Homestead.

This the _________ day of _______________, 2000.

ATTACHMENT 5

RESOLUTION C

(Transportation Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE HOMESTEAD

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 The Homestead 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. Vehicular Parking: That stipulation # 11 of Resolution A shall be revised as follows:

“Parking shall not exceed 104.7% of the minimum parking requirements (2.0 spaces for each three-bedroom unit, and 1.5 spaces for each one or two-bedroom unit). A maximum of 400 parking spaces shall be allowed.”

3. Integration of Affordable Housing: That the affordable housing units shall be integrated throughout the development rather than being clustered in the northwest corner of the site.

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 The Homestead.

This the _________ day of _______________, 2000.

ATTACHMENT 6

RESOLUTION D

(Bicycle and Pedestrian Advisory Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE HOMESTEAD

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 The Homestead 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. Weaver Dairy Road Extension: That stipulation #4 (C) of Resolution A shall be as follows:

“That one-half of Weaver Dairy Road (the eastern half) shall be constructed, extending from the southern to northern property line of this site, as a 30-foot wide cross-section from back-of-curb to back-of-curb, including curb and gutter, one 11-foot wide travel lane, one 15-foot wide travel lane, a 3-foot planter strip and a 5-foot wide concrete sidewalk.”

3. Sidewalk/Driveway Crossings: That contrasting pavement material be used for sidewalks where they are crossed by driveways.

4. Bus Stop: That stipulation # 10 of Resolution A shall be as follows:

“That the applicant submit a payment-in-lieu of a bus stop, including pad, bench, shelter and bicycle racks, prior to the issuance of a Zoning Compliance Permit.”

5. Bicycle Storage Units: That the 30 affordable dwelling units be constructed with storage units that would meet the Class I bicycle parking requirements.

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 The Homestead.

This the _________ day of _______________, 2000.

ATTACHMENT 7

RESOLUTION E

(Greenways Commission Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE HOMESTEAD

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 The Homestead 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. Fill in Pond/Create Field: That the developer shall remove the existing security fence, fill in the pond, and create a level field on the site of the pond.

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 The Homestead.

This the _________ day of _______________, 2000.

ATTACHMENT 8

RESOLUTION F

(Denying the Application)

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE HOMESTEAD

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 The Homestead.

This the ____ day of ____________, 2001.

ATTACHMENT 9

RESOLUTION G

(Defining Contiguous Property)

A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT APPLICATION FOR WILSHIRE PLACE (2001-05-14/R-1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, having considered the evidence submitted in the Public Hearing thus far pertaining to the application for Special Use Permit for Wilshire Place, hereby determines, for purposes of Development Ordinance Section 18.3, Finding of Fact c), contiguous property to the site of the development proposed by this Special Use Permit application to be that property described as follows:

All properties within feet of the site.

This the 14^th day of May, 2001.

PROCESS

CONTIGUOUS PROPERTY

Description of the Application

Evaluation of the Application

Summary of Comments

SUBSEQUENT REGULATORY STEPS

Recommendations

THE HOMESTEAD SPECIAL USE PERMIT

DIFFERENCES AMONG RESOLUTIONS

Resolution

A

Resolution

B

RESOLUTION C

Resolution

D

Resolution

E

Special Use Permit Application

STAFF EVALUATION

THE HOMESTEAD

Stipulations Related to Recreation Area

Stipulations Related to Homeowners’ Association

Miscellaneous Stipulations