ATTACHMENT 4

 

SPECIAL TERMS AND CONDITIONS

STUDENT ATHLETIC CENTER

SPECIAL USE PERMIT

 

Refer to plans dated April 4, 1980 and approved by the Council on July 14, 1980 subject to the following:

 

WITH REGARD TO PUBLIC HEALTH AND SAFETY

 

1.      That the applicant implement the street, intersection and signing improvements recommended with the traffic study prepared by Harland Bartholomew and Associates, Inc. including:

 

A.     Proposed improvements to the intersections of Manning Drive and US 15-501, Manning Drive and South Columbia Street, and Mason Farm Road Extended and Pittsboro Road.

 

Staff Comment:  This condition has been satisfied.

 

B.     Proposed widening to four lanes of Manning Drive from Ridge Road to US 15-501 Bypass.  Such widening shall include the provision of curb and gutter along both sides of the street.

 

Staff Comment:  This condition has been satisfied.

 

C.     Proposed widening of South Columbia Street/Pittsboro Road from Manning Drive to Mason Farm Road Extended.

 

Staff Comment:  This condition has been satisfied.

 

D.     Proposed removal of on-street parking along Manning Drive to achieve four travel lanes.

 

Staff Comment:  This condition has been satisfied.

 

2.      That additional right-of-way be dedicated along Manning Drive between Ridge Road and the US 15-501 Bypass to accommodate the proposed widening to four lanes.  Such right-of-way shall have a minimum width of 90 feet.

 

Staff Comment:  This condition has been satisfied.

 

3.      That additional right-of-way, as determined by the North Carolina Department of Transportation, be dedicated along South Columbia Street/Pittsboro Road to accommodate the proposed widening of such road to three lanes between Manning Drive and Mason Farm Road.

 

Staff Comment:  This condition has been satisfied.

 

4.      That a detailed sidewalk plan, showing how existing and proposed sidewalks will accommodate pedestrian traffic between the athletic center and all parking areas which have been identified as serving the off-street parking needs of the facility as well as between the Student Athletic Center and South Campus student residences, be submitted to and approved by the Planning Board prior to issuance of the Special Use Permit.

 

Staff Comment:  This condition has been satisfied.

 

5.      That a detailed drainage plan and grading plan be submitted to and approved by the Town Manager prior to issuance of the special use permit.  Improvements included in the drainage plan shall be completed prior to opening the athletic center for use.

 

Staff Comment:  This condition has been satisfied.

 

6.      That the number and location of fire hydrants be approved by the Town Manager prior to issuance of the special use permit.

 

Staff Comment:  This condition has been satisfied.

 

7.      That the applicant acknowledge that there exists a Noise Control Code for the Town of Chapel Hill as that code may be amended from time to time, and which may be applicable to the proposed use.

 

Staff Comment:  This condition has been satisfied.

 

8a. That a physical barrier be constructed around all air handling equipment located outside of the proposed buildings to screen sounds away from adjoining residential properties on Mason Farm Road.  The applicant may use the existing hillside as part of the physical barrier if feasible.

 

Staff Comment:  This condition has been satisfied.

 

8b. For the purpose of interpreting the noise ordinance at this time, the Council prescribes the following as an appropriate test for meeting the ordinance:  that the sound level at any position on Mason Farm Road closest to the Student Athletic Center will not exceed 50 decibels (without special permit) or 70 decibels (with special permit).

 

Staff Comment:  This condition has been satisfied.

 

9.      That garbage collection service for the athletic center be scheduled so as not to disturb adjoining property owners on Mason Farm Road.

 

Staff Comment:  This condition has been satisfied.

 

WITH REGARD TO APPEARANCE

 

10.  That all existing trees and vegetation contained within the area delineated on the plan labeled “Buffer and Fence Plan” be retained.  Such existing trees and vegetation within the delineated area shall be supplemented with additional trees and vegetation to achieve as dense a screening area as is practical.  Such plan shall be approved by the Appearance Commission as part of the review of the required landscape plan and shall include a minimum of two different types of evergreen trees such as the improved Piedmont Loblolly Pine and Red Cedar, which have complimentary screen characteristics.  Such supplementary screening shall be planted during the winter of 1980 so as to achieve the greatest amount of growth possible prior to the opening of the athletic center.

 

Staff Comment:  We believe that this condition requires attention to the Development Plan submittal which proposes development in the immediate vicinity of the Smith Center, as part of the Council’s deliberations on whether the conditions can be considered to have been satisfied.  Those plans are available for consideration in that the University has applied for Council approval of a Development Plan.  Description and evaluation of that application are on tonight’s agenda for Council consideration.  We suggest review of what is proposed by the Development Plan for the Smith Center vicinity, in order to inform the discussion of whether the Council can determine that the Smith Center conditions of approval will be satisfied by what is proposed in the Development Plan. 

 

The Development Plan, Addendum No. 1 states:

 

“The landscape buffer will be developed in conjunction with the stormwater management strategy for this site where appropriate.  The buildings will be the primary visual screens from Mason Farm Road to the Smith Center.  Between the buildings there will be a landscape buffer consisting of a mix of evergreen and deciduous plant materials.”

 

We believe with approval of the Development Plan that the Council could find that this stipulation has been satisfied.

 

11.  That detailed architectural elevations, and a site plan showing the location of landscaped areas, signs, lighting and other site elements be submitted to and approved by the Appearance Commission prior to issuance of a building permit.

 

Staff Comment:  This condition has been satisfied.

 

12.  That a detailed landscape/planting plan including detailed sign and lighting plans be submitted to and approved by the Appearance Commission and the Town Council prior to issuance of a certificate of occupancy.  Such plan shall show adequate mechanical means for watering landscape areas such as hose bibbs.

 

Staff Comment:  This condition has been satisfied.

 

13.  That all outdoor lighting be designed with the objective of directing illumination only within the property boundaries.  Such lighting shall be shown on the detailed landscape plan and shall be approved by the Appearance Commission.

 

Staff Comment:  This condition has been satisfied.

 

14.  That the screening of all exterior mechanical equipment be reviewed and approved by the Appearance Commission prior to issuance of a certificate of occupancy.

 

Staff Comment:  This condition has been satisfied.

 

15.  That all utilities be placed underground.

 

Staff Comment:  This condition has been satisfied.

 

16.  That any and all planting which dies during the life of the special use permit be replaced with planting of the same species and approximately the same size by the end of the next planting season.

 

Staff Comment:  This condition has been satisfied.

 

17.  That as much significant planting as possible be retained and that such planting be shown on the landscape plan.  Existing planting shall be protected during construction by appropriate fencing or barriers.  Provisions for such protection shall be shown on the landscape plan.

 

Staff Comment:  This condition has been satisfied.

 

18.  That paved areas be set back as far as possible from trees to be retained.

 

Staff Comment:  This condition has been satisfied.

 

OTHER CONDITIONS

 

19.  That the applicant prepare a management plan for controlling traffic generated by major events at the athletic center.  Such plan shall be approved by the Town Manager prior to issuance of the special use permit.  Modifications to such plan shall be submitted to and approved by the Town Manager.  As part of the management plan the following objectives shall be addressed:

1)      minimize traffic on Mason Farm Road and Otey’s Road, and

2)      provide safe means for pedestrians to cross major access roads.

 

Staff Comment:  This condition has been satisfied.

 

20.  That the off-street parking requirement be reduced by 19% as provided for in Section 4-C-5-c-12 of the Zoning Ordinance based upon the proximity of the use to existing parking areas and the location of the use within walking distance of a major population center.

 

Staff Comment:  This condition has been satisfied.

 

21.  That if the proposed revision of the Zoning Ordinance is adopted with provisions allowing the inclusion of compact car spaces as meeting part of the off-street parking requirement, that the applicant is authorized to modify the proposed parking plan to convert standard parking spaces to compact car spaces provided such changes are in compliance with the adopted provisions of the Zoning Ordinance.  Such change shall not be considered a modification of the special use permit.

 

Staff Comment:  This condition has been satisfied.

 

22.  That provisions for parking bicycles be provided.  The location and design of such facilities shall be shown on the site plan and shall be approved by the Appearance Commission.

 

Staff Comment:  This condition has been satisfied.

 

23.  That a chain link fence no less than 10 feet in height and having no less than three strands of barbed wire above the chain link fence be installed between the athletic center and properties on Mason Farm Road.  The location and extent of such fence shall be as shown on the plan labeled “Buffer and Fence Plan.”  Such fence shall be kept in good repair for the duration of the special use permit, and shall be constructed prior to start of construction of the athletic center.  No gates of any kind shall be provided in the fence.

 

Staff Comment:  We believe that this condition requires attention to development plans that are proposed in the immediate vicinity of the Smith Center, as part of the Council’s deliberations on whether the conditions can be considered to have been satisfied.  Those plans are available for consideration in that the University has applied for Council approval of a Development Plan.  Description and evaluation of that application are on tonight’s agenda for Council consideration.  We suggest review of what is proposed by the Development Plan for the Smith Center vicinity, in order to inform the discussion of whether the Council can determine that the Smith Center conditions of approval will be satisfied by what is proposed in the Development Plan. 

 

The Development Plan, Addendum No. 1 states:

 

“The existing chain link fence with three strands of barbed wire will be removed for the period of construction.  The Site Development Plan for the buildings in the Student Family Housing Perimeter Transition Area will show the new location of the fence.”

 

We believe with approval of the Development Plan that the Council could find that this stipulation has been satisfied.

 

24.  That prior to issuance of the special use permit the applicant shall delineate the floodway boundaries along the creek located just north of the proposed athletic center.  Alterations to such floodway boundaries shall be governed by the Chapel Hill Flood Damage Prevention Ordinance.

 

Staff Comment:  This condition has been satisfied.

 

25.  That water and sewer lines be installed to the Orange Water and Sewer Authority standards.

 

Staff Comment:  This condition has been satisfied.

 

26.  That no proposed street names (public or private) duplicate or be similar to existing street names within Chapel Hill Township.  Such proposed street names shall be approved by the Town Manager.

 

Staff Comment:  This condition has been satisfied.

 

27.  That access be provided to OWASA for the maintenance of operation of OWASA water and sewer lines.

 

Staff Comment:  This condition has been satisfied.

 

28.  That a plat dedicating all easements, and public rights-of-way shown on the sketch plan or required as part of the granting of the special use permit, shall be recorded at the Orange County Register of Deeds Office prior to issuance of the special use permit.

 

Staff Comment:  This condition has been satisfied.

 

29.  That all improvements, as shown on the approved plans or required as part of the granting of the special use permit, shall be completed prior to opening the athletic center for use.

 

Staff Comment:  This condition has been satisfied.

 

30.  That a revised site plan incorporating all the above stipulations be submitted to the Building Inspector prior to issuance of the special use permit.

 

Staff Comment:  This condition has been satisfied.

 

31.  That construction begin by July 31, 1984 and be completed by July 31, 1988.

 

Staff Comment:  This condition has been satisfied.