Finding Regarding Compliance with all applicable regulations and standards of the Development Ordinance: That the use or development complies with all required regulations and standards of this chapter, including all applicable provisions of Articles 12, 13, and 14 and with all other applicable regulations.

 

We believe the evidence in the record to date can be summarized as follows:

Evidence in support:  Evidence in support of this finding for the application has been provided by the applicant’s Statement of Justification (provided as an attachment to the February 18^th Public Hearing memorandum).   We note the following key points raised by the applicant.

·        “The proposed design complies with the Chapel Hill Zoning Ordinance with regard to Use Regulations, Article 4; Intensity Regulations, Article 5; Design Standards, Article 6 as well as the approved Master Land Use Plan and the approved Meadowmont Design Guidelines.”  [Applicant Statement]

·        “The principal use of these buildings will be residential use group R, which is a permitted use in the R5-C zone.”  [Applicant Statement]

·        “Compliance with Article 5 is evidenced through information contained on supporting documents to this request.”  [Applicant Statement]

Evidence in opposition:  No one who spoke at the Public Hearing offered evidence in opposition.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

KEY ISSUES

We believe that the key issue raised during the March 25 Public Hearing focused on affordable housing.  We offer additional information on this issue below.  We also have provided a response to questions raised in a citizen’s letter (Attachment #3), presented during the Hearing, as Attachment #1 to this memorandum. 

Affordable Housing:  Three key discussion points concerning affordable housing were raised at the March 25 Public Hearing.  Those points focused on:

·        Use of a Land Trust to ensure affordability;

·        Clustering affordable units within the Greenway Condominium building; and

·        Affordable standards for different household sizes.

Use of a Land Trust to ensure affordability: During the March 25 Public Hearing several Council members expressed desire for use of a land trust as the mechanism for achieving ongoing future affordability of the affordable units proposed by the applicant.  A Council member stated that if this project did not incorporate the land trust it would be desirable to distribute the affordable units between the Hilltop and the Greenway portions of the site.  Another Council member asked if the Council’s approval could stipulate that the affordable units shall be placed in the land trust once Orange Community Housing and Land Trust develops a land trust model for condominiums.

Comment: In response to the concerns expressed by Council members, the applicant and Orange Community Housing and Land Trust have worked together to find a way to place all 16 Greenway Condominium units in the Orange Community Housing and Land Trust. (For discussion purposes this proposal will be referred to as Option #1.)

We note that Orange Community Housing and Land Trust is researching how this Land Trust option, Option #1, can be used with condominium projects.  In a letter to the Council (see Attachment #2, March 25, 2002 memorandum), Orange Community Housing and Land Trust stated that they hope to complete this research sometime in September.  Although the Land Trust option, Option #1, has not been fully researched, Orange Community Housing and Land Trust believes that such research could be finalized and a condominium land trust mechanism available for implementation by Orange Community Land Trust prior to September 15, 2002.

Resolution A includes a stipulation that, prior to the issuance of a Zoning Compliance Permit, or prior to September 15, 2002, a mechanism ensuring that the 16 Greenway Condominium units shall be placed in the land trust overseen and administered by Orange Community Housing and Land Trust will be available.

In the event that a condominium land trust mechanism is not available at the time the Zoning Compliance Permit is issued, or prior to September 15, 2002, Resolution A includes an alternative.  This alternate, Option #2, developed jointly by Orange Community Housing and Land Trust and the applicant, would require that the applicant work with the Town Manager in formalizing deed restrictions that included plans for marketing, sales and continued affordability of these units.  Resolution A also stipulates that if development occurs under the restrictive deed option, Option #2, the affordable units shall be constructed and available for occupancy, prior to issuance of a Certificate of Occupancy for the 25 Hilltop Condominium unit.  (For discussion purposes this proposal will be referred to as Option #2.)  

For addition discussion on the Options #1 and #2 please refer to the section below on Affordable standards for different household sizes.  For a comparative chart on Option #1 and Option #2 please see Attachment #2 of this memorandum.

Clustering affordable units within the Greenway Condominium buildings: At the March 25 Public Hearing, some Council members expressed a concern about the proposal to locate all of the affordable housing units within the Greenway Condominium building.  A Council member stated that it did not seem appropriate to segregate all of the affordable units within one building.  Another noted that the affordable units were next to the recycling center and behind the grocery store.

Comment:  This Special Use Permit application for 64 multi-family residential units includes a proposal by the applicant addressing the Town’s objective of increasing affordable housing opportunities.  The applicant is proposing that 25 percent of the 64 multi-family units (16 one and two bedroom units) are available at prices affordable to one and two person households.  The applicant has proposed the 16 affordable, located within the Greenway Condominium portion of the development, be placed in the land trust.

We believe that this proposal, to locate the 16 affordable units within the Greenway portion of the development, is reasonable and addresses the objective of the Comprehensive Plan as it relates to multi-family developments and affordable housing provisions.  Although the condominium approach for the land trust option, Option #1, is still being investigated, we believe it will be desirable to have the units at one location.  We note that this will be the second location within the Meadowmont development where affordable housing is being developed.

In response to this issue the applicant has also provided additional information on justification for locating all of the affordable units at the Greenway Condominium site.  Please refer to attached memorandum from the applicant (Attachment #4). 

Affordable standards for different household sizes: The applicant’s original affordable housing proposal included 10 units.  A Council member noted that although the initial sale price might be within the eighty percent (80%) median family income range for a four-member household, one and two bedroom units did not seem to be an appropriate dwelling size for a family of four.

Comment: In response to this concern, the applicant, working together with Orange Community Housing and Land Trust, has agreed to establish baseline numbers and standards for the affordable housing proposal.   The applicant and Orange Community Housing have agreed to commit to numbers, for Option #1 and Option #2 in the following categories:

A.  Total number of affordable housing units:  16;

B.  Number of bedrooms per unit: 1 or 2 bedrooms;

C.  Square footage per unit: 800 to 1050 sq. ft (approximate);

D.  Household size per unit:  1 and 2 persons;

E.  Initial sales price per unit:  $90,000 to $140,000  (Based on year 2002); and

F.  Eligibility Range per unit:            76 – 100% Median Family Income (Based on year 2002).

Some of this information was calculated using the 2002 Raleigh-Durham-Chapel Hill Metropolitan Statistical Area Median Family Income chart (Attachment #5).  Attachment #2 of this memorandum includes greater detailed information concerning the above, including a comparison of Option #1 and Option #2. Regardless of which option is ultimately used, Resolution A includes a stipulation that requires that the option comply with the information and calculations outlined in Attachment #2.

RECOMMENDATIONS

Recommendations are summarized below. Summaries of board actions are attached to the February 18, 2002 memorandum.

Planning Board’s Recommendation: The Planning Board reviewed this proposal on January 15, 2002, and voted 8-0 to recommend that the Council approve the application with the adoption of Resolution B.

Resolution A, the Town Manager’s Revised Recommendation, and Resolution B include the following recommended condition of the Planning Board:

·        Board Recommendation: That the stipulation concerning a Construction Management Plan delete the following text:

“Within the Meadowmont development no construction vehicles serving this site shall use Pinehurst Drive, south of Gurnsey Trail.  The Town Manager may restrict construction vehicles from other residential streets within the Meadowmont development if deemed necessary.”

The Board and the applicant agreed that in this case, prohibiting construction traffic within the Meadowmont development was unreasonable and restrictive.  It was noted that most of the Meadowmont development is and will remain an active constructive site for some undetermined time.  It was also noted by the Board and the applicant that construction vehicles must use Pinehurst Drive, south of Gurnsey Trail, to access and construct the southern entrance into the Hilltop site.   

Comment: Resolution A, the Manager’s Recommendation includes the above recommendation from the Planning Board.  We anticipate that travel by most of the heavy construction equipment associated with this proposed development will likely be concentrated on West Barbee Chapel Road.  We believe that the impact of construction traffic associated with this proposal, on the overall Meadowmont neighborhood will be minimal and therefore the above noted restrictions would be unnecessary.  

We also believe that it is unreasonable to prohibit construction vehicles from traveling on the southern most block of Pinehurst Drive.  Access to the Hilltop site from Pinehurst Drive was shown and approved during the Infrastructure Special Use Permit.  We believe that use of this portion of Pinehurst Drive by construction vehicles for this project should not be restricted.

Transportation Board Recommendation: The Transportation Board reviewed this application on January 15, 2002, and voted 6-1 to recommend that the Council adopt Resolution C.

Parks and Recreation Commission Recommendation:  The Parks and Recreation Commission Board reviewed this application on January 18, 2002, and voted 8-0 to recommend that the Council adopt Resolution C.

Greenways Commission Recommendation: The Greenways Commission reviewed this application on January 23, 2002, and voted 3-0 to recommend that the Council adopt Resolution C.   

Comment: Resolution C differs from Resolution A, the Manager’s Revised Recommendation, on the issue concerning a construction traffic management plan.   Please see the discussion under the Planning Board Recommendation for additional information on this issue.

Community Design Commission Recommendation: The Community Design Commission reviewed this application on January 16, 2002, and voted 8-0 to recommend that the Council approve Resolution D.

Resolution A, the Town Manager’s Revised Recommendation, and Resolution D include the following recommended condition of the Community Design Commission:

·        Board Recommendation:  That the steep slopes around Building #1 be stabilized with plantings and /or more significant techniques than just planting grass.

Resolution D differs from Resolution A because it includes the two following recommendations from the Community Design Commission:

·        Board Recommendation:  That bio-retention areas be created between the Meadowmont Hilltop Condominiums.

Comment: The Hilltop Condominium site drains into a retention/detention pond located near the southeast corner of the Hilltop development, between the southern end of Pinehurst Drive and NC 54 Highway. This pond, part of the Meadowmont Infrastructure Special Use Permit, is just downhill from the Hilltop site and was constructed to retain stormwater and allow pollutants to settle out.  The pond will adequately accommodate the stormwater retention/detention requirements for this site. Resolution A, the Manager’s Revised Recommendation, does not include the above recommendation from the Community Design Commission.   

·        Board Recommendation:  That additional bicycle parking be provided in the common bicycle storage building at the Greenway Condominiums, in order to reduce the need for first-floor residents to park their bicycles on their porches.

The Commission expressed concern that if bicycles are parked on the porches of the Greenway Condominium buildings, it will adversely affect the appearance of the development.

Comment:  In order to accommodate additional bicycle parking in the common storage building, it would be necessary to increase the size of the proposed storage building.  Although a larger storage building could accommodate more bicycles, the available space would not prohibit some first floor residents from storing bicycles on their porches.  Resolution A, the Manager’s Revised Recommendation, does not include the above recommendation from the Community Design Commission. 

In addition to the above recommendations concerning bio-retention and bicycle parking, Resolution D differs from Resolution A, the Manager’s Revised Recommendation, on the construction traffic management plan.   Please see the discussion under the Planning Board Recommendation for additional information on this issue.

Bicycle and Pedestrian Advisory Board: The Bicycle and Pedestrian Advisory Board reviewed this application on January 22, 2002, and voted 6-0 to recommend that the Council approve Resolution E.

Resolution A, the Town Manager’s Revised Recommendation, and Resolution E include the following four recommended conditions of the Bicycle and Pedestrian Advisory Board:

·        Board Recommendation:  For the Hilltop Condominiums, that pedestrian connection be provided between the parking areas and the buildings.

·        Board Recommendation:  For the Greenway Condominiums, that greenery be provided along the eastern edge of the property.

·        Board Recommendation:  For the Greenway Condominiums, that a crosswalk be provided across the western entrance into the project site.  The crosswalk should be designed consistent with similar crosswalks in the Meadowmont development.

·        Board Recommendation:  For the Greenway Condominiums, that a pedestrian connection be provided on the east side of the property, from the north side of the buildings south to a crosswalk connecting to the Village Center property.

Resolution E differs from Resolution A, the Manager’s Revised Recommendation, on the issue concerning a construction traffic management plan.   Please see the discussion under the Planning Board Recommendation for additional information on this issue.

Manager’s Revised Recommendation: Based on our evaluation of the application, our recommendation is that, with the stipulations in Resolution A, the application complies with the standards and regulations of the Development Ordinance, and is consistent with the approved Master Land Use Plan.  Accordingly, we continue to recommend that the application be approved with the adoption of Resolution A.

Resolution A has been revised to include the following stipulations:

·        That a pedestrian connection be provided on the east side of the Greenway Condominium building, from the north side of the building south to a crosswalk connecting to the village center property;

·        That affordable housing units shall be placed in a land trust if a mechanism for a condominium/land trust model can be finalized prior to the issuance of a Zoning Compliance Permit; and

·        That if the land trust model can not be finalized by September 15, 2002, the affordable units would be ensured through restrictive covenants.

Resolution B would approve the application as recommended by the Planning Board.

Resolution C would approve the application as recommended by the Transportation Board, the Parks and Recreation Commission and the Greenways Commission.

Resolution D would approve the application as recommended by the Community Design Commission.

Resolution E would approve the application as recommended by the Bicycle and Pedestrian Advisory Board.

Resolution F would deny the application.

A table comparing these alternative resolutions follows.

Hilltop Condominiums and Greenway Condominiums at Meadowmont

Special Use Permit

Differences between Resolutions

*Issue was not discussed at this particular advisory board’s meeting and is therefore not included in this Resolution.

ATTACHMENTS

1.      List of Issues raised in citizen letter (p. 30).

2.      Affordable Housing Chart: Option #1 and #2 (p. 32).

3.      March 25, 2002 letter from Jill Ridky-Blackburn (p. 33).

4.      Memorandum from Applicant to Council (p. 34).

5.      2002 Raleigh-Durham-Chapel Hill MSA Median Family Income (p. 36).

6.      1998 Revised Traffic Generation Figures for Meadowmont (p. 37).

7.      March 25, 2002 Public Hearing and Related Attachments (p. 38).

8.      RESOLUTION A

(Town Manager’s Revised Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE HILLTOP CONDOMINIUMS AND GREENWAY CONDOMINIUMS AT MEADOWMONT (2002-04-22/R-13a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Roland Gammon and White Oak Properties, Inc., on property identified as Chapel Hill Township Tax Maps 52, Lot 6 and Lot 38 (PIN#s: 9798-66-4564 and 9797-86-4799), if developed according to the site plan prepared on October 08, 2001 and stamped December 21, 2001, the Meadowmont Master Land Use Plan, and the 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 for the Hilltop and Greenway Condominiums at Meadowmont in accordance with the plans listed above and the conditions listed below:

Stipulations Specific to the Developments

1.      That construction begin by April 22, 2004 (two years from the date of Council approval) and be completed by April 22, 2005 (three 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:

* Bicycle storage building included in Total # of Buildings

That because the land area of the this Special Use Permit does not provide sufficient land to demonstrate compliance with the Land Use Intensity requirements of the Development Ordinance, prior to issuance of a Zoning Compliance Permit, the applicant shall obligate land within the bounds of the Master Land Use Plan to enable this development to demonstrate compliance with the Land Use Intensity requirements.  With any application for Final Plan Approval, the applicant shall provide document(s), to be recorded at the Orange County Register of Deeds Office, that obligates allowable Land Use Intensity requirements of land located within the boundary of the Master Plan, but outside the boundary of this Special Use Permit, to ensure compliance of this application with the Land Use Intensity requirements of the Development Ordinance.

Stipulations Related to Affordable Housing

3.      Affordable Housing Mechanism:  That the affordable housing component for this proposed development shall be provided in the following manner:

A) Condominium/Land Trust Model (Option #1): That if a mechanism for a condominium/land trust model can be finalized prior to the issuance of the Zoning Compliance Permit, or September 15, 2002, a minimum of 16 affordable housing units located, in the Greenway Condominium site, shall be placed in the Orange Community Housing Land Trust.  That the condominium/land trust model shall be reviewed and approved by the Town Manager.  

That in the event that the condominium/land trust model is not finalized prior to issuance of the Zoning Compliance Permit or September 15, 2002, the affordable housing component shall be provided as outlined below: 

B)    Deed Restrictions (Option #2): That the Developer shall identify and reserve no fewer than sixteen (16) units at the Meadowmont Greenway Condominium site as affordable housing.

That the deed restrictions ensuring affordable housing shall included the following provisions:

·        The plans for marketing, sales and continued affordability of these units shall be reviewed approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

·        In order to ensure the future affordability each deed conveying title shall contain restrictions as approved by the Town Manager.

·        That the deed restrictions and associated documentation on marketing, sales, continued affordability and program administration shall be reviewed and approved by the Town Manager.

·        That for Option #2, all of the affordable units shall be constructed and available for occupancy, prior to issuance of a Certificate of Occupancy for the 25 Hilltop Condominium unit.

That Option #1 and Option #2 must comply with the requirement in the following table.

* Median Family Income as determined by the most current Raleigh-Durham-Chapel Hill Metropolitan Statistical Area Median Family Income Chart.

Stipulations Related to on-site Recreation Space

4.      Recreation Space:  That the developer provides 3,000 square feet of improved recreation space on the Hilltop Condominium site. This improved recreation space is to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. 

No Certificate of Occupancy shall be issued for the Hilltop Condominium residential units until all the active recreation facilities for that development have been completed.

Stipulations Related to Access and Circulation

5.      Parking Lots: That all parking lots and drive aisles associated with the proposed development shall be constructed to Town standards.

6.      Hilltop Condominium Parking Lot Design: That the final plans for the Hilltop Condominiums include a revised parking lot design incorporating pedestrian connections between the parking areas and the buildings.  The type, location and number of the pedestrian connections shall be reviewed and approved by the Town Manager.

7.      Greenway Condominium Crosswalk: That the final plans for the Greenway Condominiums shall include a crosswalk across the western entrance into the project site.  The crosswalk should be designed consistent with similar crosswalks in the Meadowmont development.  The final crosswalk design shall be reviewed and approved by the Town Manager.

8.      Greenway Condominium Pedestrian Connection to the Village Center:  That a pedestrian connection be provided on the east side of the property, from the north side of the buildings south to a crosswalk connecting to the village center property.

9.      Bicycle Parking:  That the development comply with the Town’s Design Manual for bicycle parking standards as follows:

Stipulation Related to Watershed Protection District

10.  Watershed Protection District: Compliance with the Town Watershed Protection District regulations, if applicable, shall be demonstrated with the provision of multiple permanent ponds.  For those portions of the development complying with the Low Density Option identified in the Chapel Hill Development Ordinance, permanent stormwater retention shall not be required.  For those portions of the development complying with the High Density option identified in the Development Ordinance, permanent stormwater retention shall be required in accordance with the requirements of the Development Ordinance.

A.       The size, accessibility, location, and design of each pond shall be approved by the Town Manager.

B.        These wet retention ponds shall meet or exceed the North Carolina Division of Environmental Management requirements and shall be designed so as to be approved by the Division of Environmental Management, the North Carolina Division of Water Quality, the Army Corps of Engineers, and the Town Manager.

C.       The property owner shall post a performance bond or other surety instrument satisfactory to the Town, in an amount approved by the Town Manager, to assure maintenance, repair, or reconstruction necessary for adequate performance of the engineered stormwater controls.

D.       For ponds proposed to be located within the Resource Conservation District, the ponds must be designed so as not to be inundated by the flood waters from the base flood discharge.

E.        The Owners’ or Homeowners’ Association shall be responsible for arranging for annual inspections of all ponds by an appropriately certified engineer, to determine whether the ponds and associated structures are operating acceptably according to design requirements, and to report findings of said inspections to the Town Manager, with such recommendations for maintenance or repair as may be warranted.  Any needed repairs shall be completed within 120 days unless otherwise approved by the Town Manager.  Restrictive covenants shall be recorded which shall identify these responsibilities of the Owners’ or Homeowners’ Association, including pond maintenance.

F.        Maintenance of the ponds shall be the responsibility of the developer or a property/homeowners’ association.  A maintenance plan shall be provided for each of the retention ponds, to be approved by the Town Manager.  The plans shall address inspection, maintenance intervals, type of equipment required, access to each pond, and related matters.

G.       As part of every application for Final Plan Approval, Zoning Compliance Permit, and residential Building Permit, the developer shall provide an up-to-date cumulative total for impervious surfaces in the particular sub-basin.

H.       The minimum permanent pool depth shall be at least three (3) feet in addition to enough volume to store the accumulated sediment between clean out periods.

I.          All sediment deposited in the ponds during construction activity on contributing sites must be removed before “normal” pond operation begins.

J.          Emergency drains shall be installed in all ponds to allow access for repairs and sediment removal as necessary.

K.       Anti-seepage collars shall be used on any structures penetrating dams or water retaining embankments.

L.        Public storm drainage systems, or other utilities, shall not be located within a pond or dam structure.

M.      That no ponds be created within the perimeter landscaped buffer required for the Meadowmont development.

N.       That the ponds be located and designed such that damage to existing large trees can be minimized.

That the applicant provide calculations confirming Meadowmont’s overall compliance with Impervious Surface Limits.                      

Stipulations Related to Landscape and Architectural Elements

11.  Landscape Protection Plan: That a detailed landscape protection plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  This plan shall include areas of vegetation to be preserved; the anticipated clearing limit lines; proposed grading; proposed utility lines; a detail of protective fencing; and construction parking and materials staging/storage areas.  That silt fencing and/or tree protection fencing is installed along all construction limits lines including those that are proposed to overlap property lines.

12.  Removal of Significant Tree:  That the 29-inch oak tree, along the western property line on the Hilltop development site plan, may be removed.

13.  Landscape Plan Approval: That detailed landscape plans (including buffers), landscape maintenance plans, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  That the landscape plan shall include:

A.     The 20-foot wide landscape buffer area between the Hilltop development and the adjacent residential single family lots;

B.     The 5-foot wide landscape buffer area between the Greenway development and the Meadowmont greenway;

C.     A re-landscaping plan for the proposed erosion control sediment basins.  The landscaping of the sediment basin associated with the Greenway site shall included two,  2 ½ to 3 inch caliper canopy trees; and

D.     A re-landscaping plan for the NC 54 entranceway corridor if deemed necessary by the Town Manager.

E.      A landscape plan for the steep slopes around Hilltop Condominiums Building #1.

F.      A landscape plan for the east side of the Greenway Condominium Building.  That if a sidewalk is installed in this area, landscaping shall only be installed if there is an adequate planting areas between the sidewalk and the building.

14.  Parking Lot Screening: That all Hilltop Condominium parking areas shall be screened from highway view.  The screening plans shall be approval by the Town Manager. 

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

Stipulations Related to Utilities

16.  Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority (OWASA), Duke Power Company, BellSouth, Public Service Company, Time/Warner Cable and the Town Manager before issuance of a Zoning Compliance Permit.  That the final plans demonstrate there is no conflict between utility lines, easements, and other site elements.

17.  Utility Lines: That all utility lines shall be underground and shall be indicated on final plans.

Stipulations Related to Steep Slopes

18.  Steep Slopes:  That each submittal for Final Plan approval shall include a map showing lots and street segments on slopes of 10% or more, and indicating how the development and construction will comply with the steep slopes regulations in the Development Ordinance:

·        For slopes of 10 - 15%, site preparation techniques shall be used which minimize grading and site disturbance;

·        For slopes of 15 - 25%, demonstrate specialized site design techniques and approaches for building and site preparation; and

·        For slopes of 25% or greater, provide a detailed site analysis of soil conditions, hydrology, bedrock conditions, and other engineering or environmental aspects of the site.

Each Final Plan application shall demonstrate compliance with the steep slopes regulations in the Development Ordinance.  The Town Manager shall decide if the proposed building and site engineering techniques are appropriate.

Stipulations Related to Fire Protection

19.  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.

20.  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.

21.  Fire Hydrant Location: That all new structures shall be located within 500 feet of a fire hydrant, subject to the approval of the Town Manager.

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

Stipulations Related to Refuse and Recycling Collection

23.  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.  That a shared access agreement with the Village Center shall be submitted to the Town Manager and recorded with the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.

24.  Illumination of Hilltop Refuse Area: That the final plans included a lighting plan for the illumination of the refuse collection areas at the Hilltop site.

25.  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.

Miscellaneous Stipulations

26.  Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle traffic will be managed, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. The Construction Management Plan shall specify that no construction vehicles serving this site shall use any existing streets, outside the Meadowmont development area, within the area bounded by Ephesus Church Road, George King Road, NC Highway 54, and Fordham Boulevard. 

27.  Declaration of Condominium: That the Declaration of Condominium document shall be reviewed and approved by the Town Manager prior to recordation at the Durham  County Register of Deeds Office.  That prior to the issuance of a Zoning Compliance Permit, the applicant shall submit a copy of the recorded document to the Town.  

28.  Ownership and Responsibilities of Common Areas: That an owners’ association be created for the maintenance and regulation of the private (residential, office, park, landscape, and commercial) areas including privately maintained streets and alleys.

A.       All property owners owning land within the area of the Master Land Use Plan approval, excluding governmental bodies, shall be represented in the owners’ association.  This owners’ association shall have maintenance responsibilities for commercially owned development elements which affect the entire development, including the stormwater management facilities.

B.        In addition, separate neighborhood association(s) and/or  owners’ association(s) shall be created for the maintenance and regulation of the residential, office, and commercial areas.  The documents creating these entities shall be reviewed for approval by the Town Manager, and shall be recorded in the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.

C.       The responsibilities of these entities shall include the ownership and maintenance of the private alleys, private green spaces, private parks and recreation space, private retention and detention basins, parking lots, and the landscape buffers.

D.       These entities shall also be responsible for any “add-on fees” charged by Duke Power for special street lighting.

E.        These entities shall have the ability to place a lien on property for nonpayment of dues or fees. 

F.        The Homeowners’ Association documents shall be reviewed and approved by the Town Manager prior to recordation at the Durham County Register of Deeds Office and shall be cross-referenced on the final plat. That prior to the issuance of a Zoning Compliance Permit, the applicant shall submit a copy of the recorded document to the Town.  

29.  Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are complete, and that a note to this effect shall be placed on the final plat.

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.

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

31.  Erosion Control: That a 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. That a performance guarantee be provided in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.

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

33.  Energy Management:  That an energy management program, designed to minimize energy consumption, be prepared and submitted to the town Manager as part of final plans, prior to issuance of a Zoning Compliance Permit.

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

35.  Construction Sign Required: That the developer 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.

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

37.  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 Special Use Permit application for the Hilltop and Greenway Condominiums at Meadowmont.

This the 22^nd day of April, 2002.

RESOLUTION B

(Planning Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE HILLTOP CONDOMINIUMS AND GREENWAY CONDOMINIUMS AT MEADOWMONT (2002-04-22/R-13b)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Roland Gammon and White Oak Properties, Inc., on property identified as Chapel Hill Township Tax Maps 52, Lot 6 and Lot 38 (PIN#s: 9798-66-4564 and 9797-86-4799), if developed according to the site plan prepared on October 08, 2001 and stamped December 21, 2001, the Meadowmont Master Land Use Plan, and the 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 for the Hilltop and Greenway Condominiums at Meadowmont in accordance with the plans listed above and 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.                  Landscape Plan Approval: That the Landscape Plan Approval stipulation shall not include:

·        A landscape plan for the steep slopes around Hilltop Condominiums Building #1.; and

·        A landscape plan for the east side of the Greenway Condominium Building.   

3.      Delete Stipulations: Stipulations related to Hilltop Condominium Parking Lot Design, Greenway Condominium Pedestrian Connection to the Village Center and Greenway Condominium Crosswalks shall be deleted from the resolution.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit application for the Hilltop and Greenway Condominiums at Meadowmont.

This the 22^nd day of April, 2002.

RESOLUTION C

(Transportation Board,

 Parks and Recreation Commission and

  Greenways Commission Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE HILLTOP CONDOMINIUMS AND GREENWAY CONDOMINIUMS AT MEADOWMONT (2002-04-22/R-13c)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Roland Gammon and White Oak Properties, Inc., on property identified as Chapel Hill Township Tax Maps 52, Lot 6 and Lot 38 (PIN#s: 9798-66-4564 and 9797-86-4799), if developed according to the site plan prepared on October 08, 2001 and stamped December 21, 2001, the Meadowmont Master Land Use Plan, and the 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 for the Hilltop and Greenway Condominiums at Meadowmont in accordance with the plans listed above and 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.      Construction Management Plan: That the Construction Management Plan stipulation shall include the following:

·        Within the Meadowmont development no construction vehicles serving this site shall use Pinehurst Drive, south of Gurnsey Trail.  The Town Manager may restrict construction vehicles from other residential streets within the Meadowmont development if deemed necessary.

3.      Landscape Plan Approval: That the Landscape Plan Approval stipulation shall not include:

·        A landscape plan for the steep slopes around Hilltop Condominiums Building #1.; and

·        A landscape plan for the east side of the Greenway Condominium Building. 

4.      Delete Stipulations: Stipulations related to Hilltop Condominium Parking Lot Design, Greenway Condominium Pedestrian Connection to the Village Center, and Greenway Condominium Crosswalks shall be deleted from the resolution.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit application for the Hilltop and Greenway Condominiums at Meadowmont.

This the 22^nd day of April, 2002.

RESOLUTION D

(Community Design Commission Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE HILLTOP CONDOMINIUMS AND GREENWAY CONDOMINIUMS AT MEADOWMONT (2002-04-22/R-13d)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Roland Gammon and White Oak Properties, Inc., on property identified as Chapel Hill Township Tax Maps 52, Lot 6 and Lot 38 (PIN#s: 9798-66-4564 and 9797-86-4799), if developed according to the site plan prepared on October 08, 2001 and stamped December 21, 2001, the Meadowmont Master Land Use Plan, and the 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 for the Hilltop and Greenway Condominiums at Meadowmont in accordance with the plans listed above and 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.      Construction Management Plan: That the Construction Management Plan stipulation shall include the following

·        Within the Meadowmont development no construction vehicles serving this site shall use Pinehurst Drive, south of Gurnsey Trail.  The Town Manager may restrict construction vehicles from other residential streets within the Meadowmont development if deemed necessary.

3.      Landscape Plan Approval: That the Landscape Plan Approval stipulation shall not include:

·        A landscape plan for the east side of the Greenway Condominium Building. 

4.      Delete Stipulations: Stipulations related to Hilltop Condominium Parking Lot Design, Greenway Condominium Pedestrian Connection to the Village Center, and Greenway Condominium Crosswalks shall be deleted from the resolution.

5.      Insert Stipulations: The following stipulations shall be inserted into the resolution:

a)         Hilltop Condominiums bio-retention facility: That bio-retention areas be created between the Meadowmont Hilltop Condominiums.  That the final design and location(s) shall be reviewed and approved by the Town Manager.

b)        Greenway Condominiums bicycle storage shed: That additional parking be provided in the common bicycle storage in order to reduce the need for first-floor residents to park their bicycles on their porches.  That the final design, dimension and location shall be reviewed and approved by the Town Manager.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit application for the Hilltop and Greenway Condominiums at Meadowmont.

This the 22^nd day of  April, 2002.

RESOLUTION E

(Bicycle and Pedestrian Advisory Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE HILLTOP CONDOMINIUMS AND GREENWAY CONDOMINIUMS AT MEADOWMONT (2002-04-22/R-13e)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Roland Gammon and White Oak Properties, Inc., on property identified as Chapel Hill Township Tax Maps 52, Lot 6 and Lot 38 (PIN#s: 9798-66-4564 and 9797-86-4799), if developed according to the site plan prepared on October 08, 2001 and stamped December 21, 2001, the Meadowmont Master Land Use Plan, and the 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 for the Hilltop and Greenway Condominiums at Meadowmont in accordance with the plans listed above and 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.      Construction Management Plan: That the Construction Management Plan stipulation shall include the following:

·        Within the Meadowmont development no construction vehicles serving this site shall use Pinehurst Drive, south of Gurnsey Trail.  The Town Manager may restrict construction vehicles from other residential streets within the Meadowmont development if deemed necessary.

3.      Landscape Plan Approval: That the Landscape Plan Approval stipulation shall not include:

·        A landscape plan for the steep slopes around Hilltop Condominiums Building #1.

4.      Delete Stipulation: Stipulation related to Greenway Condominium Pedestrian Connection to the Village Center, shall be deleted from the resolution.

5.      Insert Stipulation: The following stipulation shall be inserted into the resolution:

a)           Greenway Condominium Pedestrian Connection to the Village Center:  That a pedestrian connection be provided on the east side of the property, from the north side of the buildings south to a crosswalk connecting to the village center property.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit application for the Hilltop and Greenway Condominiums at Meadowmont.

This the 22^nd day of April, 2002.

RESOLUTION F

(Denying the Application)

A RESOLUTION DENYING APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE HILLTOP CONDOMINIUMS AND GREENWAY CONDOMINIUMS AT MEADOWMONT (2002-04-22/R-13f)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Roland Gammon and White Oak Properties, Inc., on property identified as Chapel Hill Township Tax Maps 52, Lot 6 and Lot 38 (PIN#s: 9798-66-4564 and 9797-86-4799), if developed according to the site plan prepared on October 08, 2001 and stamped December 21, 2001, the Meadowmont Master Land Use Plan, would not:

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 Council finds:

(INSERT ADDITIONAL REASONS FOR DENIAL)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the Special Use Permit application for the Hilltop and Greenway Condominiums at Meadowmont.

This the 22^nd day of April, 2002.

ATTACHMENT 1

HILLTOP AND GREENWAY CONDOMINIUMS AT MEADOWMONT

RESPONSE TO CITIZEN’S LETTER

During the March 25 Public Hearing, the Council received a letter from Jill Blackburn.  Ms. Blackburn’s letter (see Attachment #3) expressed concerns about traffic, density and building mass.  Below are the three issues, as expressed in Ms. Blackburn letter, followed by staff comment.

1. Traffic Concern- “According to Gene in the Planning Department, Meadowmont has reported a decrease in traffic by 25% for the overall project.  I have no way of knowing if this is accurate, but I do know that the Hilltop Condominium Project would present a significant increase in traffic in that particular area of Meadowmont.  The Hilltop Project would be on West Barbee Chapel Road which will become the primary entrance and exit for residential homes, commercial building and also the Meadowmont Swim and Recreation Club. This Club is not designed exclusively for Meadowmont Property Owners, and presently membership is open to the community.”  [Statement from Ms. Blackburn’s March 25, 2002 letter to Council]

Comment:  During the 1998 Public Hearing on the Meadowmont Infrastructure Special Use Permit, East-West Partners presented the Council with revised projections on traffic generated by the Meadowmont development at build-out (see Attachment #6).  The revised projections were submitted after East-West Partners voluntarily agreed to reduce external traffic generation vehicle trips by 25%.  We note that the traffic associated with this project is consistent with the revised traffic numbers reviewed and approved by the Council during the Infrastructure Special Use Permit application. 

2. Density Concern- “The Master Plan originally approved 30 units.  The request to increase the number of units to 48, for a total increase of 18 units or more than a 50% increase.”  [Statement from Ms. Blackburn’s March 25, 2002 letter to Council]

Comment:  We reviewed that portion of the Meadowmont Master Land Use site plan that is now proposed as the Hilltop Condominium site.  The area of the Master Land Use site plan encumbered by the Hilltop Condominium site includes these building footprints and lot lines.  We believe that the graphic representation of building footprints within this area include ten (10) single-family units , two (2) duplex units, one (1) four-plex unit, 21 townhome units, and ten (10) garage-apartment units.  In summary, we believe the Master Land Use Plan showed approximately 49 dwelling units within the area proposed for the Hilltop Condominium development.  The applicant is proposing to construct 48 dwelling units within this area.

3. Massive Size- “The proposed revision is for a three-story massive condominium facility rather than Townhouses.  The massive structure is a significant change from the original approved plan.”  [Statement from Ms. Blackburn’s March 25, 2002 letter to Council]

Comment:  We reviewed the adopted Meadowmont Master Land Use Plan Resolution and that portion of the Meadowmont Master Land Use site plan that is now proposed as the Hilltop Condominium site.  We note that these documents do not include text or graphics referring to building mass.  

The Meadowmont Design Guidelines, reviewed and approved by the Town Council in 1998, include the following statements relating to building mass:

·        “Massing should reflect defined entry points and help to orient users.”

·        “The spaces between building masses should also be considered for their scale and proportion, especially in shopping and pedestrian areas.  These “outside spaces” should be designed with attention to their vertical and horizontal dimensions for maximizing the comfort of users.  These “outside spaces” should be light and airy with accents for interest, orientation and special definition.”

·        “Individual building elements should include proportional and scaled elements that relate to the physical and physiological parameter of people.”

·        “Building mass should be broken up into human scaled elements whenever possible.”

We do not believe that the proposed buildings are a significant change from the approved Master Land Use Plan or the Design Guidelines.

ATTACHMENT 2

Hilltop Condominiums and Greenway Condominiums at Meadowmont: Special Use Permit

Manager’s Revised Recommendation:  That the Council accept the developers proposal to provide 16 Greenway condominium units as part of the Land Trust. As proposed, if the final details for the Land Trust option (Option #1), cannot be finalized by September 15, 2002, then the deed restriction option (Option #2), would be required.

Comparison of Affordable Housing:  Options #1 and #2

* Median Family Income as determined by the most current Raleigh-Durham-Chapel Hill Metropolitan Statistical Area Median Family Income Chart.