Public Hearing: Meadowmont Elementary School

SUBJECT: Public Hearing: Meadowmont Elementary School – Application for Special Use Permit Modification

An application seeking approval of a Special Use Permit Modification has been filed by Corley Redfoot Zack, Inc., to allow the construction of the 9^th elementary school in the Chapel Hill-Carrboro School District. The one-story elementary school is proposed on a 22.04-acre site that is located in the northeastern portion of the Meadowmont development, adjacent to a future Town Park site.

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 which the Council may consider as it determines any appropriate conditions to impose upon the proposed development.

We note that this development application is accompanied by a concurrent application for a Town Park Special Use Permit Modification (please see separate memorandum).

The Development Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit Modification 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 Modification application pursuant to an approved Master Plan involves consideration of consistency with the Master Plan and compliance with the Town’s Development Ordinance. Evidence will be presented tonight. If, after consideration of the evidence, the Council decides that it can make the necessary 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 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 Modification 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.

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 Modification 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 C provides a format for determining the definition of contiguous property for this application.

On October 23, 1995, the Town Council approved a Master Land Use Plan for the Meadowmont development. The 1995 Master Land Use Plan identified school and park facilities in the northeastern portion of the development. Subsequently, on July 3, 1997, the Council approved a Special Use Permit for a 92.48-acre Park and School site.

The Chapel Hill-Carrboro School Board now has submitted an application for a Special Use Permit Modification to construct an elementary school on the southwestern 22.04 acres of the overall Park and School site. We note that the Council approved expedited review for this application on February 26, 2001.

Description of the Application

The 22.04-acre school site, which is adjacent to a future Town park, is located on Meadowmont Lane, north of the Meadowmont Wellness Center and the UNC-Chapel Hill Paul J. Rizzo Conference Center. The site is located in the Residential-1 (R-1) zoning district. The site is located in both Orange County and Durham County, and is identified as Chapel Hill Township Tax Map 52, Lots 15A and 15B.

Existing Conditions: The proposed school site generally slopes from the south (Meadowmont Lane and adjacent residential areas) to the north (Little Creek). The site is divided by a perennial stream. The portion of the site that is located west of the perennial stream, drops from 268 feet to 246 feet above sea level, with slopes of an 8-12% grade. The portion of the site that is located east of the perennial stream, along the Meadowmont Lane corridor, drops from an elevation of 296 feet along the southern property line to an elevation of 246 feet along the northern property line. The majority of the elevation change occurs in close proximity to the Meadowmont Lane corridor, where the average slope is 10-15%, with some selected areas of 15-20% slopes. The northern half of the site is generally flatter, with slopes of 0-10%.

The entire site is located in the Town’s Watershed Protection District. The site includes 6.3 acres of land that is located in the Town’s Resource Conservation District (RCD). Of the 6.3 acres located in the RCD, 4.75 of these acres are located in the 100-year Floodplain.

Meadowmont Lane does not presently extend to the proposed school site. Construction of Meadowmont Lane has been approved, however, as part of the Meadowmont Infrastructure Special Use Permit.

Development Description: This Special Use Permit application proposes the construction of a 107,000 square foot one-story elementary school with a full-size gym, four (4) athletic/play fields, and a total of 120 parking spaces. The eastern portion of the site, located east of the school/park entrance road (between Meadowmont Lane and the pond) is proposed to remain open space.

EVALUATION OF THE APPLICATION

We note that this application for a Special Use Permit Modification has been submitted pursuant to the Master Land Use Plan for the Meadowmont development.

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

Based on our evaluation, our preliminary recommendation is that the application as submitted complies with the regulations and standards of the Development Ordinance and Design Manual with the conditions in Resolution A.

Tonight the Council receives our attached evaluation, and also receives information 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.

In a typical Special Use Permit Modification proceeding, the burden is on the applicant to present a case that allows the Council to make the required four findings for approving a Special Use Permit Modification. The four findings are:

With Council approval of a conceptual Master Plan, however, if the Special Use Permit Modification application is found to be consistent with the Master Plan, the burden regarding three of the four findings then shifts to those opposed to approval of the Permit. The Council must only make the finding that the proposed development complies with all applicable sections of the Development Ordinance (Finding #2). Evidence will be presented at the Public Hearing on this application. If the Council decides that the evidence does not support making the finding that the proposed development complies with all applicable sections of the Development Ordinance (Finding #2), or if the Council finds that the application is inconsistent with the Master Plan, then the application cannot be approved and accordingly should be denied by the Council.

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 the necessary findings, the Development Ordinance directs that the Special Use Permit Modification shall then be approved. If the Council decides that the evidence does not support making the necessary findings, then the application cannot be approved and, accordingly, should be denied by the Council.

KEY ISSUES

Based on the review of this application by Town advisory boards and the Town staff, we do not believe that any key issues have been identified at this time.

The Meadowmont Master Land Use Plan indicated that the Park and School site would include a school, parking lots, four athletic/play fields, an outdoor basketball court, a picnic area, a 10-foot wide greenway trail, a compost/yard waste site, and pedestrian/hiking trails. The submitted School application (22.04 acres) provides the following facilities anticipated in the southern/southwestern portion of the original Park and School site: an elementary school, parking lots, an outdoor basketball court, and four athletic/play fields. Accordingly, we believe that this proposal is consistent with the approved Meadowmont Master Land Use Plan.

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 described in detail in the accompanying staff report. With these conditions, we believe that the Council could make the necessary findings, including consistency with the approved Meadowmont Master Land Use 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 Modification:

1. Applicant accepts and records a Special Use Permit Modification 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:

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

4. Final Plat, including access easement, is reviewed and approved by Town staff. Plat is recorded at the 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

Planning Board Recommendation: The Planning Board reviewed this application on November 6, 2001, and voted 8-0 to recommend that the Council approve the application with conditions. Please see the attached Summary of Planning Board Action.

Resolution A includes the following recommended condition of the Planning Board:

Ø That the construction completion deadline shall be changed to November 26, 2016, permitting up to a maximum 15-year build-out for the proposed expansion areas.

Staff Comment: The resolution of approval that was reviewed by the Planning Board, included a 10-year build-out. We believe that a 15-year build-out is reasonable, and have included this provision in Resolution A.

Transportation Board Recommendation: The Transportation Board will review this application on November 20, 2001. We will provide a Summary of Action for the Council as soon as it is available.

Community Design Commission Recommendation: The Community Design Commission reviewed this application on October 24, 2001, and voted 10-0 to recommend that the Council approve the application with conditions. Please see the attached Summary of Design Commission Action.

Resolution A includes the following recommended condition of the Community Design Commission:

Ø That the construction completion deadline shall be changed to November 26, 2016, permitting up to a maximum 15-year build-out for the proposed expansion areas.

Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on November 13, 2001, and voted 7-0 to recommend that the Council approve the application with conditions. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.

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

Ø That all four (4) internal crosswalks shown on the site plan shall be raised in order to slow vehicle speed.

Parks & Recreation Commission Recommendation: The Parks and Recreation Commission reviewed this application on October 19, 2001, and voted 7-0 to recommend that the Council approve Resolution A. Please see the attached Summary of Parks and Recreation Commission Action.

Greenways Commission Recommendation: The Greenways Commission reviewed this application on October 10, 2001, and voted 6-0 to recommend that the Council approve Resolution A. Please see the attached Summary of Greenways Commission Action.

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, and is consistent with the approved Master Land Use Plan.

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 the necessary required findings for the approval of a Special Use Permit Modification, we recommend that the application be approved with the adoption of Resolution A.

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

Attachments

16. Council Minutes, from July 3, 1997, Approval of Meadowmont Park & School Resolution. (p. 56).

Attached for your consideration is an application for a Special Use Permit Modification to allow the construction of a 107,000 square foot one-story elementary school with a full-size gym, four (4) athletic/play fields, and a total of 120 parking spaces. The school would be the 9^th elementary school in the Chapel Hill-Carrboro School District. The proposed 22.04-acre site school site, which is adjacent to a future Town park, is located on Meadowmont Lane, north of the Meadowmont Wellness Center and the UNC-Chapel Hill Paul J. Rizzo Conference Center.

The site is located in the Residential-1 (R-1) zoning district. The site is located in both Orange County and Durham County, and is identified as Chapel Hill Township Tax Map 52, Lots 15A and 15B.

We note that the Council granted expedited status for this application on February 26, 2001. The Concept Plan for this proposal was reviewed by the Community Design Commission on March 21, 2001.

On October 23, 1995, the Town Council approved a Master Land Use Plan for the Meadowmont development. The 1995 Master Land Use Plan identified a school and park facilities in the northeastern portion of the development.

Subsequently, on June 23, 1997, the Town Council approved a Special Use Permit to develop a 70.2-acre site as a Town Park, and to reserve a 22.04-acre site for a future public school site. In particular, the approved Special Use Permit included a future school site, a 10-foot wide bicycle path, parking areas, several athletic fields, an outdoor basketball court, picnic areas, pedestrian/hiking trails, and a compost/yard waste site.

On August 24, 2001, the Chapel Hill-Carrboro School System submitted a Special Use Permit Modification for the 22.04-acre school site. We note that the Town Council has worked collaboratively with the Chapel Hill-Carrboro City Schools to incorporate a full-size gym as part of the elementary school proposal. Previously, on June 11, 2001, the Town Council had adopted a resolution waiving the estimated $36,000 development review fee, and alternatively considering this amount to be a contribution towards the additional cost of a community gym.

We have reviewed this application for compliance with the standards of the Development Ordinance and Design Manual and offer the following evaluation.

Existing Conditions: The 22.04-acre school site is located in the northeastern portion of the Meadowmont development, north of the Meadowmont Wellness Center and the UNC-Chapel Hill Paul J. Rizzo Conference Center. Meadowmont Lane does not presently extend to the proposed school site. Construction of Meadowmont Lane has been approved however, as part of the Meadowmont Infrastructure Special Use Permit.

The proposed school site generally slopes from the south (Meadowmont Lane and adjacent residential areas) to the north (Little Creek). The site is divided by a perennial stream. The portion of the site that is located west of the perennial stream, drops from 268 feet to 246 feet above sea level, with slopes of an 8-12% grade. The portion of the site that is located east of the perennial stream, along the Meadowmont Lane corridor, drops from an elevation of 296 feet along the southern property line to an elevation of 246 feet along the northern property line. The majority of the elevation change occurs in close proximity to the Meadowmont Lane corridor, where the average slope is 10-15%, with some selected areas of 15-20% slopes. The northern half of the site is generally flatter, with slopes of 0-10%.

Intensity Standards: The proposed project meets the Development Ordinance’s standards for floor area, outdoor space and livability space, for the Residential-1 (R-1) zoning district.

Regarding the approved floor area for this site, we note that the Meadowmont master developer, East West Partners, received approval of a Master Plan authorizing the overall development subject to specific density restrictions and floor area limitations. The Meadowmont master developer has been overseeing the distribution of floor area allocations to the different parcels that constitute the development. Within the context of the Master Plan approval, the overall Meadowmont development must comply with the limitations approved by the Town Council. Individual Special Use Permits are not required to meet the floor area limits on a parcel-by-parcel basis, but cumulative tallies are kept to assure continuing compliance with the Master Plan limitations.

Accordingly, in 2000, East West Partners deeded 92.49 acres of land to the Town for the School and Park sites. Included in the deeds were the following stipulations that identify the maximum amounts of floor area that are allowed on each of the parcels which make up the full 92.49 acres:

On June 11, 2001, the Council approved the transfer of 55,986 square feet of floor area from the Park site to the School site, giving the School a total of 93,517 square feet of floor area. The Town retained a total of 4,100 square feet of floor area on the Park site. (Please see attached Council Memorandum.)

Consequently, at the present time in accordance with deed restrictions, the school system is allowed to have 93,517 square feet of floor area on the site. The applicant for the School site is proposing to construct a maximum of 107,000 square feet (including a community gym and 12,000 square feet of future expansion space). Thus, the School has requested 13,483 square feet of floor area beyond the maximum stated in the deed restrictions.

We anticipate that this situation can be resolved by one or several different approaches, which are discussed as follows:

Staff Comment: This alternative could help mitigate, but would not resolve the complete 13,483 square foot shortfall.

Staff Comment: Although not a desirable alternative for the School, this option would mean that the School is only short 1,483 square feet of floor area. This shortfall could either be eliminated from the building footprint or satisfied by a transfer of 1,483 square feet of floor area from the Town Park site, as noted above.

Staff Comment: On June 11, 2001, the Council approved a resolution that indicated:

“The willingness of the Town Council to consider an application for a modification of the Meadowmont Master Land Use Plan that would increase total allowable floor area by 15,000 square feet that would be permitted only on the school site.”

We believe that a Modification of the Meadowmont Master Land Use Plan would be an acceptable approach to provide the additional floor area desired by the School System on this site. In this event, we would recommend that the Council authorize the Town Manager to view this change as a non-substantial change that could be administratively approved to provide up to an additional 13,483 square feet of floor area for the Meadowmont Development, with the requirement that the additional floor area would only be utilized on the School Site.

We have included a stipulation in Resolution A, which limits the School site to a maximum of 93,517 square feet of floor area, unless floor area is provided through one of the approaches noted above. In such an event that additional floor area is allocated to this site, we have included a stipulation limiting the scope of this Special Use Permit Modification to a maximum of 107,000 square feet of floor area.

We have also included language in Resolution A that authorizes the Town Manager to administratively approve up to 13,483 square feet of additional floor area for the Meadowmont Development with the stipulation that the additional floor area shall only be utilized on the School site (for a maximum total of 107,000 square feet of floor area on the School site). This language would be applicable in the event that such an application is submitted for a Modification of the Meadowmont Master Land Use Plan, in accordance with Section 19.7.6 of the Town’s Development Ordinance.

We anticipate that the School Board and the Meadowmont master developer will apply for a change to the Meadowmont Master Land Use Plan (Option # 3 above) that would allow an additional 13,483 square feet of floor area for the Meadowmont Development, with the limitation that the additional floor area may only be used on the School site. As provided in Resolution A, this application would then be reviewed and approved administratively by the Town Manager.

Access and Circulation: Vehicular access to the site is proposed from Meadowmont Lane. We note that although Meadowmont Lane has been approved by the Meadowmont Infrastructure Special Use Permit, and is slated for construction by the Meadowmont master developer, it has not been constructed to the School site at the present time. We believe that plans for this road must be submitted to and approved by the Town Manager prior to issuance of a Zoning Compliance Permit for this project. We recommend that these plans provide for the construction of Meadowmont Lane, including sidewalk on both sides of the street, from the existing terminus to the easternmost property corner of the School site’s street frontage. In addition, we believe that Meadowmont Lane needs to be constructed and open to the public, from its existing terminus to the easternmost property corner of the school site, prior to the issuance of a Certificate of Occupancy for the School. We have included these stipulations in Resolution A.

A common access road off of Meadowmont Lane is proposed to provide joint access to both the School and Park sites. Bus and Parent drop-off traffic would be routed off of this access road through separate drive aisles, in order to minimize vehicular and pedestrian conflicts. We have included our standard stipulation in Resolution A, requiring that all parking areas and sidewalks be constructed according to Town Standards.

A 20-foot paved path is also provided around the school. Besides offering emergency access for fire trucks and other emergency vehicles, this paved path will also provide pedestrian and bicycle access around the building. Sidewalks are also provided along Meadowmont Lane and within the proposed School site.

The Meadowmont Infrastructure Special Use Permit has approved a greenway trail through this site. This greenway trail is to be constructed by the Meadowmont master developer. The trail will serve to provide pedestrian and bicycle access to the School and Park sites for Meadowmont residents. The trail generally runs through the School site in the vicinity of the perennial stream that runs through the site.

Vehicular Parking: The Town’s Development Ordinance requires that, for an elementary school, one parking space shall be provided for each staff member. We note that a typical Elementary School is anticipated to have 90 full-time staff members. In accordance with the Development Ordinance, a minimum of 90 parking spaces would be required for this site. The applicant is proposing to provide 120 parking spaces on the site. The applicant has noted that additional spaces are desirable for (1) part-time employees, (2) parent volunteers for special events, (3) visitors to the elementary school, and (4) users of the adjacent Town Park site.

We note that the Council has stated its expectation that parking in new developments shall not exceed 110% of the minimum parking spaces required per the Town’s Development Ordinance. In this case, that would mean limiting parking on the School site to a maximum of 99 spaces.

As a point of comparison, we note that on March 3, 1997, the Council approved a Special Use Permit for the Scroggs Elementary School at Southern Village. The Scroggs Elementary School anticipated having 90 full-time staff members, and was approved with 118 parking spaces (131% of the minimum parking spaces required). We believe that Scroggs Elementary School serves as a working example of a similar elementary school (located next to an existing/future Town Park) that functions adequately with 118 parking spaces. Consequently, based on the precedent set by the Scroggs Elementary School, and the joint nature of the Meadowmont Elementary School and

Meadowmont Town Park, we believe that allowing 120 parking spaces for the Meadowmont School site (133% of the minimum) is appropriate.

We have included stipulations in Resolution A that limit the School to a maximum of 120 parking spaces and require that the parking lots and drive aisles be constructed to Town standards.

Bicycle Parking: The applicant is proposing to provide 50 external bicycle parking spaces on the south side of the building (facing Meadowmont Lane) and to provide 25 external bicycle parking spaces on the western portion of the site by the athletic fields. The applicant is also proposing to provide 25 external bicycle parking spaces and 5 bicycle lockers on the north side of the building, by the gym. Overall, the applicant is proposing a total of 105 bicycle parking spaces on the site (100 external spaces and 5 lockers).

We note that on October 11, 2000, the Town Council adopted new bicycle parking requirements as part of the Town’s Design Manual. The Meadowmont Elementary School application is the first school proposal to be reviewed since the adoption of the bicycle parking requirements. In accordance with the new bicycle parking requirements, the following number of spaces should be provided on this site:

The Design Manual specifies that a minimum of 21 of these bicycle parking spaces shall consist of “a locker, individually locked enclosure, or supervised area within a building that provides protection of bicycles therein from theft, vandalism and weather.” The Design Manual specifies that the remaining 191 spaces shall be “external secured, covered and illuminated bicycle parking spaces.”

The applicant has submitted additional information regarding bicycle parking, as part of the development application for this site. In particular, the application provided the following information:

With part of Meadowmont existing in Durham County, the total number of students who would live in Meadowmont and attend Elementary School #9 is not as great as that of Southern Village, the location of Mary Scroggs Elementary School, where the entire development attends the school. Based on projections, approximately 125 students would be generated by single-family detached housing at Meadowmont. After reviewing other elementary schools, we can assume that 50 spaces are needed for students during the day. This is based on actual counts from Mary Scroggs Elementary during excellent weather days.

We believe that the applicant should be required to provide 9 bicycle lockers (5 are proposed), or the equivalent of one locker for every 10 faculty/staff members (as recommended by the Town’s Design Manual). Accordingly, we have included this stipulation for 9 bicycle lockers in Resolution A.

We believe that the applicant’s logic is reasonable for the external bicycle racks that are provided on the site (a total of 100 are proposed in 3 locations). Thus, we do not recommend that the applicant be required to provide additional external bicycle racks. Alternatively, we note that if the Council believes that 212 bicycle parking spaces (as recommended by the Town’s Design Manual) would be desirable on this site, the Council could modify Resolution A accordingly. We note that Resolution A does require that the proposed external spaces be secured, covered and illuminated.

Traffic Impact: The traffic impact for this Special Use Permit Modification application was addressed as part of the overall Traffic Impact Study for the entire Meadowmont development. The overall study was approved as part of the Master Land Use Plan, including the construction of Meadowmont Lane and required improvements to NC Highway 54. Accordingly, since the traffic impact from this development has previously been addressed, we exempted the applicant from the Traffic Impact Analysis submittal requirement.

We note that we have included a stipulation in Resolution A that requires the applicant to develop a Transportation Management Plan for approval by the Town Manager, prior to issuance of a Zoning Compliance Permit, and that the plan be updated and approved on an annual basis. A Transportation Management Plan is a plan for minimizing single-occupancy vehicle travel to a particular development. The plan also sets forth employee incentives for the use of alternative transportation, such as transit and ridesharing.

Bus Stops: The Town’s ‘V’ route presently provides bus service to the Meadowmont development. Since Meadowmont Lane has not been constructed along the School site’s frontage, we note that bus service does not extend to the School site at this time. We note that the Town annually reviews and considers possible modifications of existing bus routes and the possible addition of new routes. As part of this process, routing service to the proposed School site will be reviewed on an annual basis.

We believe that, in anticipation of bus service being provided to this portion of the Meadowmont development, it is appropriate to require that the applicant make a payment-in-lieu of a bus stop (including bench, pad and shelter) for this site. We have included this stipulation in Resolution A.

Buffers and Landscaping: The Meadowmont Master Land Use Plan requires only perimeter buffers around the overall development. Accordingly, the applicant is providing the required 15-foot Type ‘A’ buffer along the western boundary of this site (which is part of the perimeter of the overall development).

We note that the applicant is proposing a 40-50 foot strip of existing vegetation to be preserved between Meadowmont Lane and the School parking lot. The detailed grading plans for this portion of Meadowmont Lane are not presently available. Given that this portion of Meadowmont Lane is being built on the side of a hill (with grade varying from 10-25%), it is very likely that the grading associated with the construction of Meadowmont Lane will require that some or all of this existing vegetation be removed.

We believe that screening of the parking lots from the view of Meadowmont Lane (which will be at a higher elevation looking down on the parking lots) is desirable. Consequently, we have included a stipulation in Resolution A that requires the applicant to provide parking lot screening in accordance with the Town’s Development Ordinance, and to provide a vegetative screen along Meadowmont Lane. If the existing vegetation along Meadowmont Lane is removed, we recommend that a 15-foot Type ‘A’ buffer be established along the School’s Meadowmont Lane frontage. The buffer plantings may be fulfilled through the preservation of existing vegetation and/or new landscape plantings.

We have included our standard stipulation in Resolution A, requiring the applicant to demonstrate compliance with the Town’s parking lot landscaping requirements, including screening and shading.

We also recommend that a Landscape Protection Plan be prepared for this project. We recommend that the Landscape Protection Plan show the location of tree protection fencing along all construction limit lines. We have included a stipulation to this effect in Resolution A.

Building Elevations: We recommend that detailed building elevations be approved by the Community Design Commission, prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

Lighting Plan: We recommend that a detailed lighting plan be approved by the Community Design Commission, prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

Watershed Protection District: The entire Meadowmont development is located within the Town of Chapel Hill’s Watershed Protection District. All developments in the Watershed Protection District are subject to one of two options, or a combination of options, to control non-point source and stormwater pollution. Applicants may choose to use either the Low Density Option or the High Density Option to satisfy the watershed protection regulations, in accordance with Section 10.5.2 of the Town’s Development Ordinance. The Low Density Option restricts impervious surface to 24% of gross land area. The High Density Option permits up to 50% impervious surface with controlled stormwater runoff from the first inch of rainfall.

The Meadowmont Master Land Use Plan identified portions of the overall development that are regulated by the Low Density Option and portions of the development that are regulated by the High Density Option. The Meadowmont School site is located in a sub-basin that is regulated by the Low Density Option. There are several additional sites throughout the Meadowmont development that constitute the portion of the development that is regulated by the Low Density Option. These individual sites are not necessarily each subject to the 24% limit, however, the total impervious surface of all of these sites within the Low Density Option may not exceed 24% of the total land area covered by the Low Density Option.

The Meadowmont master developer is responsible for overseeing the distribution of impervious surface allocations to those individual sites that collectively comprise the area regulated by the Low Density Option. The applicant is requesting that a maximum of 255,500 square feet (5.87 acres) of impervious surface be allowed on this site. Accordingly, Resolution A includes a stipulation that limits the School site to a maximum of 255,500 square feet (5.87 acres) of impervious surface, in accordance with the Low Density Option.

We have also included a stipulation in Resolution A that requires the Meadowmont Impervious Surface Monitoring Form to be updated by the developer, prior to the issuance of a Zoning Compliance Permit for this development, in order that we may continue to monitor the combined impervious surfaces of the overall Meadowmont development for compliance with the Low Density Option requirements.

Resource Conservation District: A total of 6.33 acres of this development are located in the Town’s Resource Conservation District (RCD). Of the 6.33 acres located in the RCD, there are a total of 4.75 acres that are located in the 100-year Floodplain.

The applicant is proposing that 3 of the 4 athletic fields on this site be located in portions of the Town’s Resource Conservation District and portions of the 100-year Floodplain. The proposed athletic fields will involve grading in the Resource Conservation District and the 100-year Floodplain, as well as the installation of a retaining wall, fences, lights, conduits, irrigation systems, bleachers, goals and scoreboards.

The applicant is also proposing an asphalt play area/outdoor basketball court and associated playground equipment to be partially located in the Resource Conservation District. A portion of the 10-foot wide paved emergency access path that encircles the school is also proposed to be located in the Resource Conservation District.

The Town’s Development Ordinance (Section 5.5.1) does allow recreational uses “that do not require extensive use of fences or walls” in the Resource Conservation District. The Development Ordinance (Section 5.5.1) also allows parking areas and similar ground level area uses.

The Town’s Development Ordinance (Section 5.6) also prescribes standards for development in the Resource Conservation District, including the criteria that site plans “shall be designed to minimize adverse environmental and flooding effects” and that “land disturbing activity shall be kept to the minimum feasible.”

The Chapel Hill-Carrboro City Schools and the Chapel Hill Town Council have worked together to determine an appropriate conceptual plan for this site. On June 11, 2001, the Town Council, as property owner, approved the plan for construction of the facility. We believe that the proposal minimizes adverse effects and land disturbance within the Resource Conservation District (RCD).

We note that the proposed site plan does not propose any land disturbance in the United States Army Corps of Engineers Flowage Easement that is generally located along the northern edge of the School site.

Stormwater Management: We have included our standard stipulation in Resolution A, requiring Town Manager approval of a Stormwater Management Plan including an engineered stormwater facility. We recommend that the Stormwater Management Plan be approved prior to the issuance of a Zoning Compliance Permit. The facility design shall be based on the 1-year and 50-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate. The engineered stormwater facility shall also be designed to remove 85% total suspended solids and treat the first inch of precipitation.

Stormwater Operations and Management Plan: We recommend that the applicant provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan includes the owner's financial responsibility and maintenance schedule of the facilities to ensure that it continues to function as originally intended, to be approved by the Town Manager. We have included a stipulation to this effect in Resolution A.

Stormwater Drainageway Easement: We recommend that the applicant locate on-site stormwater facilities within a stormwater drainageway easement to be approved by the Town Manager. We have included a stipulation to this effect in Resolution A.

Erosion Control: We note that the State of North Carolina will approve an Erosion Control Plan for this project. The State will also occasionally monitor and inspect the School site during construction.

Given the unique proximity of this site to Little Creek, the United States Army Corps of Engineers Flowage Easement, and the downstream migratory waterfowl impoundment area, we have included a stipulation in Resolution A, which if accepted by the owner, would also authorize County inspectors to visit the site and report their findings to the State of North Carolina. The stipulation proposed in Resolution A would require the developer to submit a copy of the State-approved Erosion Control Plan to the Orange County Erosion Control Department, prior to the issuance of a Zoning Compliance Permit. This stipulation would also permit County Erosion Control Inspectors to visit the site during construction, and provides the opportunity to report any findings and suggestions to the State of North Carolina.

Utilities: We recommend that detailed utility plans be reviewed and approved by OWASA, Duke Power Company, BellSouth (or alternative telephone service provider), Public Service Company, 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.

We recommend that all utility lines, other than 3-phase electric power distribution lines, be placed underground and be indicated on final plans. We have included a stipulation to this effect in Resolution A.

Fire Safety: The applicant is proposing a 10-foot wide access path that will encircle the School Building, and provide emergency access for fire trucks and other emergency vehicles. Accordingly, we believe that this path needs to be constructed to support the weight of fire apparatus, and have included a stipulation to this effect in Resolution A.

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

We recommend that the building have a sprinkler system in accordance with Town Code, to be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

We note that it is Town Policy that all structures shall be located within 500 feet of a fire hydrant. The applicant is proposing to install four new hydrants to service this site, in accordance with this policy. It is also Town Policy to seek a 50-foot maximum distance between fire hydrants and fire department connections, in a clearly visible and accessible location on the side of buildings. We recommend that all fire department connections be no more than 50 feet from the proposed hydrants, subject to the approval of the Town Fire Marshall. We have included a stipulation to this effect in Resolution A.

Refuse Management and Recycling: The applicant proposes to provide refuse and recycling facilities accessible from the northern bus drop-off parking lot. We recommend that all drive aisles and parking areas that will be used for collection vehicle access must be paved with all-weather, heavy-duty pavement. We have included a stipulation to this effect in Resolution A.

We have also included our standard stipulation in Resolution A, requiring the approval of a Solid Waste Management Plan prior to issuance of a Zoning Compliance Permit.

Maintenance Access to Athletic Fields: We note that an access easement is provided from a neighboring residential street located south/southwest of the School site, for the purpose of allowing maintenance vehicles to access the athletic fields located west of the perennial stream that divides the School site. Details regarding this access easement (location of curb cut and amount of required grading) are not available from the Meadowmont master developer at this time. Accordingly, we recommend that a curb cut for this access easement and detailed grading plans be submitted for approval by the Town Manager, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

Access Easements: Based on the unique joint nature of the Meadowmont Elementary School site and the Town Park site, we believe that several access easements are desirable to accommodate long-term public access to and across certain portions of the School site.

We note that the two western athletic fields are intended to be maintained and operated by the Town of Chapel Hill. Accordingly, we recommend that permanent access easements be dedicated to the Town over the following areas (1) the area on the School site located west of the perennial stream that divides the site, and (2) the lot located south of the western two athletic fields, which will serve to provide maintenance access from the public street in the adjoining single-family neighborhood. We recommend that the easement allow the Town to maintain these areas, while also providing access for pedestrians, non-motorized vehicles, and persons confined to motorized wheelchairs. We have included a stipulation to this effect in Resolution A.

The primary point of access from Meadowmont Lane to the Meadowmont Elementary School parking lots, is also the primary entrance to the Town Park. We recommend that an easement be dedicated for this road that would provide access for vehicular traffic and pedestrians. We have included a stipulation to this effect in Resolution A.

Finally, we recommend that permanent utility easements be provided for utilities that provide services to the two western athletic fields that will be maintained by the Town of Chapel Hill. These easements would only be for maintenance purposes. We have included a stipulation to this effect in Resolution A.

Greenway Corridor: We note that the master developer, in accordance with the Meadowmont Infrastructure Special Use Permit, is required to construct a greenway trail through this site and across the site’s northern frontage. Although the general location of the greenway corridor has been determined, we do not have detailed construction information (exact trail location, grading, etc.) at this time. We recommend when the specific greenway trail location has been determined and approved by the Town Manager, that the School system allow the greenway trail to be constructed on the School site. We have included a stipulation to this effect in Resolution A.

We also recommend that a permanent access easement be dedicated to the Town for the entire 100-foot wide greenway trail corridor. This easement would allow the Town to maintain the greenway trail, while also providing access for pedestrians, non-motorized vehicles, and persons confined to motorized wheelchairs. We have included this stipulation in Resolution A.

American Disabilities Act (ADA) Accessibility: The applicant is proposing several sidewalks, pedestrian paths, and access paths on this site. We recommend that all sidewalks and pedestrian paths be designed to be ADA Accessible. We have included a stipulation to this effect in Resolution A.

Construction Completion Deadline: We note that a standard component of a Resolution of Approval for a Special Use Permit or Special Use Permit Modification is a Construction Start Deadline (usually 2 years after approval) and a Construction Completion Deadline (usually 3 years after approval). For this particular project, we note that the applicant has identified 12,000 square feet to be constructed as part of a future expansion. Accordingly, we recommend extending the Construction Completion Deadline to 15 years. Resolution A includes a stipulation to this effect.

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 or Special Use Permit Modification, 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.

In a typical Special Use Permit proceeding, the burden is on the applicant to present a case, demonstrating why the Council should make the four findings required for approval of a Special Use Permit. With Council approval of a conceptual Master Plan, however, if the Special Use Permit application is found to be consistent with the Master Plan, the burden regarding three of the four findings then shifts to those opposed to approval of the Permit. In other words, a “rebuttable presumption” is established that three of the findings can be made. The Council must only make the finding that the proposed development complies with all applicable sections of the Development Ordinance. Evidence will be presented at the Public Hearing for this application. If the Council decides that the evidence does not support making the finding that the development is in compliance with the Development Ordinance, or if evidence is presented which indicates the application is inconsistent with the Master Plan, then the application cannot be approved and accordingly should be denied by the Council.

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

Special Use Permit Modification Application

MEADOWMONT ELEMENTARY SCHOOL	STAFF EVALUATION
MEADOWMONT ELEMENTARY SCHOOL	Compliance	Non-Compliance
Use Permitted	Ö
Min. Gross Land Area	Ö
Min. Lot Width	Ö
Max. Floor Area	Ö
Min. Outdoor Space	Ö
Min. Livability Space	Ö
Min. Recreation Space	N/A
Impervious Surface Limits	Ö
Min. # Parking Spaces	Ö
Min. # Loading Spaces	N/A
Min. # Handicap Spaces	Ö
Max. # Dwelling Units	N/A
Min. Street Setback	Ö
Min. Interior Setback	Ö
Min. Solar Setback	Ö
Max. Height Limit	Ö
Min. Landscape Buffers	Ö
Public Water and Sewer	Ö

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE MEADOWMONT ELEMENTARY SCHOOL

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Corley Redfoot Zack, Inc., on property identified as Chapel Hill Township Tax Map 52, Lot 15A, if developed according to the site plan dated August 24, 2001, and revised on November 14, 2001, and conditions listed below, would:

1. 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; and

2. Be consistent with the Meadowmont Master Land Use Plan that was approved on October 23, 1995.

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

1. That construction begin by November 26, 2003, and be completed by November 26, 2016.

2. Land Use Intensity: This Special Use Permit Modification authorizes construction of an elementary school, specified as follows:

3. Maximum Floor Area: That a total of 93,517 square feet of floor area shall be allowed on this site, unless additional floor area is provided through any combination of the following approaches, prior to issuance of a Zoning Compliance Permit:

B. Approval of a Modification of the Meadowmont Master Land Use Plan that would increase the total allowable floor area by up to 13,483 square feet, which would only be permitted for use on the Meadowmont Elementary School site.

These approaches may be used to increase the allowed floor area on this site to a maximum of 107,000 square feet.

4. Adjustment to the Master Land Use Plan: That an application to adjust the Meadowmont Master Land Use Plan to increase the allowable floor area by up to 13,483 square feet, with the additional floor area only being permitted for use on the Meadowmont Elementary School site, shall be viewed as a non-substantial, minor change that would be administratively approved by the Town Manager.

5. Impervious Surface Monitoring Form: That the developer shall submit an updated Meadowmont Impervious Surface Monitoring Form in conformance with the Low Density Option, reflecting the amount of impervious surface to be constructed on this site as part of the overall development, prior to issuance of a Zoning Compliance Permit.

6. Construction of Meadowmont Lane: That detailed construction plans for the construction of Meadowmont Lane, including sidewalk on both sides of the street, from the existing terminus to the easternmost property corner of the School site’s street frontage shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit. In addition, Meadowmont Lane, from its existing terminus to the easternmost property corner of the school site, shall be completed and open to the public prior to the issuance of a Certificate of Occupancy for the Elementary School.

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

8. Bicycle Parking: That the applicant shall provide a total of 9 bicycle lockers (Class I standards) and a total of 100 external secured, covered and illuminated bicycle parking spaces (Class II standards).

9. American Disabilities Act (ADA) Accessibility: That all sidewalks, pedestrian paths, and access paths constructed on this site shall be designed to be ADA Accessible.

10. Internal Crosswalks: That all four (4) internal crosswalks shall be raised in order to slow vehicle speed.

11. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be prepared for the site and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. In particular, the Landscape Plans shall include the following buffer areas:

A. A 15-foot Type ‘A’ buffer along the western boundary of this site (which is part of the perimeter of the overall Meadowmont development); and

12. Parking Lot Landscaping Requirements: That parking lot screening and parking lot shading shall be provided in accordance with the Town’s parking landscaping requirements (Development Ordinance, Section 14.6.6), and shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

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

14. Building Elevations: That the Community Design Commission shall approve the building elevations for the site, prior to the issuance of a Zoning Compliance Permit.

15. Lighting Plan: That the Community Design Commission shall approve a Lighting Plan for the site, prior to the issuance of a Zoning Compliance Permit. The Landscape Plan shall include all parking lot lighting, any building and landscape up-lighting, and any athletic field or playground illumination.

Stipulations Related to Stormwater Management & Erosion Control

16. Stormwater Management Plan: That a Stormwater Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The facility design shall be based on the 1-year and 50-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate. The engineered stormwater facility shall also be designed to remove 85% total suspended solids and treat the first inch of precipitation.

17. Stormwater Operations and Management Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. That the plan shall include the owner's financial responsibility and maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager.

18. Stormwater Drainageway Easement: That all on-site stormwater facilities shall be located within a stormwater drainageway easement as required by the Town Manager.

19. Erosion Control: That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modification of the plan if necessary, shall be approved by the State of North Carolina, prior to issuance of a Zoning Compliance Permit. In addition, a copy of the State-approved plan shall be submitted to the Orange County Erosion Control Department, prior to issuance of a Zoning Compliance Permit. Orange County Erosion Control shall be permitted to visit the site during construction, and shall have the opportunity to report any findings and suggestions to the State of North Carolina.

20. Utility Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority (OWASA), Duke Power Company, BellSouth (or designated telephone service provider), Public Service Company, and the Town Manager, prior to issuance of a Zoning Compliance Permit.

21. Utility Lines: That all utility lines, other than 3-phase electric power distribution lines, shall be underground and shall be indicated on final plans.

22. Emergency Access Path: That the emergency access path which encircles the school, shall be constructed to support the weight and turning radii of fire apparatus, subject to Town Manager approval.

23. Fire Flow: That a fire flow report shall be 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.

24. Sprinkler System: That the buildings shall have a sprinkler system in accordance with Town Code, which shall be approved by the Town Manager prior to the issuance of a Building Permit.

25. Fire Department Connections: That fire department connections shall be no more than 50 feet from the hydrants, and shall be located in visible, accessible locations, subject to Town Fire Marshall approval.

Solid Waste & Recycling Stipulations

26. 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.

27. Heavy-Duty Pavement: That all drive aisles and parking areas that will be utilized for collection vehicle access to the dumpster/recycling area, shall be constructed with all-weather, heavy-duty pavement.

Greenway, Maintenance & Access Easement Stipulations

28. Greenway Corridor Easement: That when the specific location of the greenway trail has been determined by the master developer and approved by the Town Manager, the Chapel Hill-Carrboro City Schools will allow the greenway trail to be constructed on the School site. In addition, once the detailed location of the greenway trail has been determined, the Chapel Hill-Carrboro City Schools will dedicate a permanent access easement for the entire 100-foot wide greenway trail corridor. This dedicated easement shall allow the Town to maintain the greenway trail, while also providing access for pedestrians, non-motorized vehicles, and persons confined to wheelchairs.

29. Maintenance Access to Athletic Fields: That an access easement shall be provided from the neighboring residential street that is located south/southwest of the School site, for the purpose of allowing maintenance vehicles to access the athletic fields located west of the perennial stream that divides the School site. Details regarding this access easement (location of curb cut, amount of grading, location of utilities, etc.) shall be submitted and approved by the Town Manager, prior to issuance of a Zoning Compliance Permit.

30. Access Easements: That a permanent access easement shall be dedicated for (1) the area on the School site located west of the perennial stream that divides the site, and (2) the lot located south of the western two athletic fields, which will serve to provide maintenance access from the public street in the adjoining single-family neighborhood. The dedicated access easement shall allow the Town to maintain these areas, and provide access for pedestrians, non-motorized vehicles, and persons confined to motorized wheelchairs.

31. Entrance Drive Easement: That a permanent access easement which provides access for vehicular traffic and pedestrians, shall be dedicated for the access road off of Meadowmont Lane that serves as the primary entrance drive to the Meadowmont Elementary School site (and also serves as the primary entrance drive for the Meadowmont Town Park).

32. Utility Easements: That permanent utility easements shall be provided for utilities that provide services to the two western athletic fields, for maintenance purposes.

33. Recorded Plat: That a plat shall be recorded indicating all easements on this site, prior to the issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

34. 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.

35. 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.

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

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

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

39. Construction Sign Required: That the applicant shall post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit. The construction sign may have a maximum of 32 square feet of display area and may not exceed 8 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.

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

41. 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 Modification for the Meadowmont Elementary School.

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE MEADOWMONT ELEMENTARY SCHOOL

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.

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 Modification for the Meadowmont Elementary School.

A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE MEADOWMONT ELEMENTARY SCHOOL (2001-11-19/R-2)

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 Modification for the Meadowmont Elementary School, 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 Modification application to be that property described as follows:

Standard	Number of People	Number of Bicycle Parking Spaces
One (1) space per three (3) students	Maximum of 608 Students	203
One space per ten Faculty/Staff	90	9
Total # Spaces Required:		212