RESOLUTION A
(Manager’s Preliminary Recommendation)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT/ PLANNED DEVELOPMENT-MIXED USE FOR THE MARRIOTT RESIDENCE INN HOTEL
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit/Planned Development-Mixed Use application proposed by Summit Hospitality Group, Ltd., on property identified as Chapel Hill Township Tax Map 27, Block A, Lot 3 (PIN # 9799-48-0252), if developed according to the site plan dated January 13, 2003, the conditions in the Memorandum from Radway and Weaver dated January 8, 2003, and the conditions listed below, would not:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Land Use Management Ordinance, including all applicable provisions of Articles 12, 13, 14, and 18, 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, or that the use or development is a public necessity;
4. Conform with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.
(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 application for the Marriott Residence Inn Hotel as proposed by Summit Hospitality Group, Ltd.
This the _________ day of _______________, 2003.
RESOLUTION B
(Approving the Application)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT/ PLANNED DEVELOPMENT-MIXED USE FOR THE MARRIOTT RESIDENCE INN HOTEL
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit/Planned Development-Mixed Use application proposed by Summit Hospitality Group, Ltd., on property identified as Chapel Hill Township Tax Map 27, Block A, Lot 3 (PIN # 9799-48-0252), if developed according to the site plan dated January 13, 2003, the conditions in the Memorandum from Radway and Weaver dated January 8, 2003, and the conditions listed below, would:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Land Use Management Ordinance, including all applicable provisions of Articles 12, 13, 14, and 18, 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 Land Use Management Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Special Use Permit/Planned Development-Mixed Use for the Marriott Residence Inn Hotel development in accordance with the plans listed above and with conditions listed below:
Stipulations Specific to the Development
1. That construction begin by _____________________ (two years from the date of Council approval) and be completed by _________________ (three years from the date of Council approval).
2. Land Use: That this Special Use Permit authorizes the construction of a Planned Development – Mixed Use including the following:
A. A two-story hotel building and associated one-story guest check-in building containing no more than 73,120 square feet of floor area, and a maximum of 108 lodging units;
B. A two-story building including 3,000 square feet of office floor area on the ground floor and 3,000 square feet of residential floor area, consisting of four one-bedroom dwelling units on the second floor; and
C. Associated recreational amenities including a pool.
3. Parking: That a maximum of 126 parking spaces shall be provided on the site. All parking lots shall be designed to Town standards.
Required Improvements
4. Dobbins Drive Relocation and Reconfiguration: That public right-of-way be dedicated along Dobbins Drive to correspond with the North Carolina Department of Transportation’s plans for the relocation and reconfiguration of this roadway, and that the width of this right-of-way dedication be approved by NCDOT and the Town Manager, and the right-of-way dedicated, prior to issuance of a Zoning Compliance Permit.
5. Dobbins Drive Right-of-Way Dedication: That a 60-foot public right-of-way, or one-half of a 60-foot public right-of-way as applicable, be dedicated along Dobbins Drive prior to issuance of a Zoning Compliance Permit.
6. Dobbins Drive Realignment and Reconfiguration: That the portion of Dobbins Drive located west of Erwin Road (and along this property’s frontage) be realigned/reconfigured to line up with the eastern intersection of Dobbins Drive and Erwin Road. This realigned/reconfigured portion of Dobbins Drive shall be constructed to include 26 feet of pavement, curb and gutter, and a 5-foot concrete sidewalk along one side of the road. These improvements shall be constructed prior to the issuance of a Certificate of Occupancy.
7. Dobbins Drive – Existing Portion (No Reconfiguration Needed): That the portion of Dobbins Drive that is not involved in the NCDOT reconfiguration project be improved to include curb and gutter, and a five-foot concrete sidewalk. These improvements shall be constructed prior to the issuance of a Certificate of Occupancy.
8. Bus Stop on Dobbins Drive: That the developer either provide a bus stop including a shelter, bench and 5-foot by 10-foot pad on Dobbins Drive once this road is reconfigured; or, that a payment-in-lieu be provided for this bus stop, at an amount to be approved by the Town Manager, prior to issuance of a Zoning Compliance Permit.
9. Sidewalk from Parking Lot to Dobbins Drive: That a sidewalk be constructed from the southern parking lot to Dobbins Drive, in order to provide a direct pedestrian connection to Dobbins Drive and the required bus stop.
10. Erwin Road Right-of-Way: That one-half of a 110-foot public right-of-way be dedicated along this property’s Erwin Road frontage, and that the location of this right-of-way be approved by the North Carolina Department of Transportation and the Town Manager, and the right-of-way dedicated, prior to issuance of a Zoning Compliance Permit.
11. Erwin Road Improvements: That Erwin Road be improved to provide 44 feet of pavement width along this site’s frontage, including a bicycle lane, a left turn lane, curb and gutter, a three-foot wide planting strip, and a five-foot wide concrete sidewalk. These improvements shall be constructed prior to the issuance of a Certificate of Occupancy.
12. Bicycle Parking: That three (3) Class I (enclosed) bicycle parking spaces and ten (10) Class II (stationary ‘U’ rack) bicycle parking spaces be provided on this site.
Stipulations Related to State or Federal Government Approvals
13. Permits: That any required State permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.
Stipulations Related to Landscaping and Architectural Issues
14. Landscape Plan Approval: That a detailed landscape plan, landscape maintenance plan, and lighting plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
15. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit; and that the Plan include Town standard notes and details.
16. Required Buffers: That the following landscape bufferyards be provided; and if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by fencing from adjacent construction:
Ø Western Property Line (Summerfield Crossing): Type ‘C’ landscape bufferyard (minimum width 100 feet);
Ø Southern Property Line (Dobbins Drive): Type ‘D’ landscape bufferyard (minimum width 30 feet);
Ø Northern Property Lines: Type ‘C’ landscape bufferyard (minimum width 20 feet); and
Ø Eastern Property Line (along Erwin Road): Type ‘D’ landscape bufferyard (minimum width 50 feet);
Alternative buffers will not be permitted.
17. Preservation of 24-inch Cedar: That the 24-inch Cedar tree located in the southwest corner of the site adjacent to the southern detention basin be preserved.
18. Building Elevations: That the Community Design Commission approve building elevations, including the location and screening of all HVAC/Air Handling Units for this project, prior to issuance of a Zoning Compliance Permit.
19. Lighting Plan: That the Community Design Commission approve a lighting plan for this project prior to issuance of a Zoning Compliance Permit.
Stipulations Related to Environmental Issues
20. Land Disturbance in the Resource Conservation District: That land disturbance in the Resource Conservation District is prohibited in accordance with the rules and regulations of Article 5 of the Town’s Land Use Management Ordinance.
21. Stormwater Management Plan: That a Stormwater Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The plan shall be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate and the post-development stormwater runoff volume shall not exceed the pre-development volume for the local 2-year frequency, 24-hour duration storm event. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.
Depending on the development site location, size in area and the condition of the existing conveyance system and associated lands, the Manager may waive or change the peak discharge rate criteria in part or in whole if, based on an approved Stormwater Management Plan, it is demonstrated that detention would intensify existing peak discharges or may cause other problems on abutting or downstream properties. In addition, the plans shall show all storm drainage outlets and address any impact the stormwater from these outlets may have on abutting properties.
22. Stormwater Easements: That the final plans and final plat include an easement titled “Reserved Storm Drainageway.” That the easement shall be included on all engineered stormwater features located above and below ground including pipes, streams, and ditches that carry water to and from abutting properties. The easement must be recorded prior to issuance of a Zoning Compliance Permit.
That unless specifically designated by the Town as “Public,” drainage features and infrastructure, within the “Reserved Storm Drainageway” shall be considered private and the responsibility of the property owner. That drainage easements are not required for drainage structures and conveyance systems that handle internal stormwater runoff within a single lot or parcel. This detail shall be noted on the final plans.
23. Performance Guarantee: That if more than one acre of land is disturbed, then a performance guarantee in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances shall be required prior to final authorization to begin land-disturbing activities.
24. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for a maintenance of facilities and modification of the plan if necessary, be approved by the Orange County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to issuance of a Zoning Compliance Permit.
25. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
Stipulations Related to Utility and Service Issues
26. Utility Plan Approval: That the final utility 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.
27. Underground Utilities: That all utility lines, other than 3-phase electric power distribution lines, shall be placed underground.
28. Fire Flow: That a fire flow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
29. Sprinkler system: That a sprinkler system be provided in the proposed building, and that the Fire Marshal approve the Fire Department’s connections to the system prior to issuance of a Zoning Compliance Permit.
30. Fire Prevention: That all Fire Department safeguards and requirements be established and confirmed, and that the Department approve all fire hydrant locations, siamese connections, building evacuation capabilities, and fire truck access to the proposed building, prior to issuance of a Zoning Compliance Permit.
31. Refuse Collection Facilities: That a minimum of two bulk refuse dumpsters be provided to service the site; or, alternative refuse collection facilities be proposed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
32. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
Stipulations Related to Recreation Space
33. Recreation Space for Four One-Bedroom Dwelling Units: That residents of the four one-bedroom dwelling units shall have access to the recreational amenities associated with the hotel.
Affordable Housing Stipulations
34. That the developer shall identify and reserve no fewer than one of the four one-bedroom dwelling units as an “affordable unit,” in accordance with the following conditions:
A. If the affordable unit(s) is provide for private ownership, such opportunity shall be provided in accordance with the following conditions:
§ That the affordable unit shall only be available for private ownership and occupancy.
§ That the affordable unit shall be priced so as to be affordable for Qualified Buyers. Qualified Buyers shall be defined as individuals or families with gross incomes equal to 80% or less of the median income for the Raleigh-Durham-Chapel Hill Metropolitan Statistical Area (MSA), as provided by the U.S. Department of Housing and Urban Development (HUD).
§ Each Qualified Buyer shall deliver to the Developer written evidence, acknowledged in writing by the Orange Community Housing Corporation (or alternative organization as approved by the Town Manager), that such buyer has been officially determined to be a Qualified Buyer.
§ That mechanisms shall be established to guarantee that the affordable unit shall be permanently affordable and available to Qualified Buyers, subject to the approval of the Town Manager and the Orange Community Housing Corporation (or alternative organization as approved by the Town Manager), prior to the issuance of a Zoning Compliance permit.
§ That the affordable unit shall be constructed and available for occupancy, prior to issuance of a Certificate of Occupancy for the hotel.
B. Alternatively, if the affordable unit(s) is provided for rental, such opportunity shall be provided in accordance with the following conditions:
§ That eligible renters for affordable dwelling units shall include families earning 80% or less of median 3-person family income for the Raleigh-Durham-Chapel Metropolitan Statistical Area (MSA). Section 8 vouchers will be accepted for these units.
§ That rental rates shall not exceed current Section 8 Fair Market rents (including utilities) as published by the U.S. Department of Housing and Urban Development, according to the number of bedrooms in each unit (e.g. 2002 rate: 2 bedroom unit, $777/month).
§ That the owner and management company enter into a “good faith” marketing agreement to ensure that the affordable units are rented to eligible low-income renters. The owner shall work with local non-profit low income housing organizations to advertise affordable units and recruit eligible renters. The “good faith” marketing agreement shall be subject to the approval of the Town Manager and the Orange Community Housing Corporation (or alternative organization as approved by the Town Manager) prior to the issuance of a Zoning Compliance Permit.
§ That the recorded deed restrictions shall include a provision that if after working with local non-profits, owner/management company are unable to recruit eligible renters, they may rent such units to other renters without restrictions for up to 12 months, if written authorization is provided in advance for such rental units from Orange Community Housing and Land Trust (or alternative organization as approved by the Town Manager) and approved the Town of Chapel Hill.
C. That the applicant shall record deed restrictions to ensure that the affordable units remain affordable in perpetuity to low income owners or renters, subject to approval by the Town Manager and the Orange Community Housing and Land Trust (or alternative organization as approved by the Town Manager), prior to the issuance of a Zoning Compliance Permit.
D. That the affordable unit(s) be constructed and available for occupancy prior to the issuance of a Certificate of Occupancy for the hotel.
Miscellaneous Stipulations
35. Detailed Plans: That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), landscape plan and landscape management plan be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Land Use Management Ordinance and the Design Manual.
36. Transportation Management Plan: That prior to issuance of a Zoning Compliance Permit, the applicant prepare a Transportation Management Plan for approval by the Town Manager. The required components of the Transportation Management Plan shall include:
· Provision for designation of a Transportation Coordinator;
· Provisions for an annual Transportation Survey and Annual Report to the Town Manager;
· Quantifiable traffic reduction goals and objectives;
· Ridesharing incentives;
· Public transit incentives; and
· Other measures determined appropriate by the Town Manager.
37. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Building 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.
38. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
39. Non-severability: If any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit/Planned Development-Mixed Use for the Marriott Residence Inn Hotel in accordance with the plans and conditions listed above.
This the _______ day of ______________, 2003.
RESOLUTION C
(Planning Board Recommendation)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT/ PLANNED DEVELOPMENT-MIXED USE FOR THE MARRIOTT RESIDENCE INN HOTEL
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit/Planned Development-Mixed Use application proposed by Summit Hospitality Group, Ltd., on property identified as Chapel Hill Township Tax Map 27, Block A, Lot 3 (PIN # 9799-48-0252), if developed according to the site plan dated October 8, 2002, the conditions in the Memorandum from Radway and Weaver dated November 12, 2002, and the conditions listed below, would not:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Land Use Management Ordinance, including all applicable provisions of Articles 12, 13, 14, and 18, 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, or that the use or development is a public necessity;
4. Conform with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.
(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 application for the Marriott Residence Inn Hotel as proposed by Summit Hospitality Group, Ltd.
This the _________ day of _______________, 2003.
RESOLUTION D
(Community Design Commission Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT/ PLANNED DEVELOPMENT-MIXED USE FOR THE MARRIOTT RESIDENCE INN HOTEL
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit/Planned Development-Mixed Use application proposed by Summit Hospitality Group, Ltd., on property identified as Chapel Hill Township Tax Map 27, Block A, Lot 3 (PIN # 9799-48-0252), if developed according to the site plan dated October 8, 2002, the conditions in the Memorandum from Radway and Weaver dated November 12, 2002, and the conditions listed below, would:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Land Use Management Ordinance, including all applicable provisions of Articles 12, 13, 14, and 18, 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 Land Use Management Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Special Use Permit/Planned Development-Mixed Use for the Marriott Residence Inn Hotel development in accordance with the plans listed above and with conditions listed below:
Stipulations Specific to the Development
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit/Planned Development-Mixed Use for the Marriott Residence Inn Hotel in accordance with the plans listed above and with the conditions listed below:
1. Resolution A: That all of the stipulations in Resolution B shall apply to the proposed development unless modified or superseded by those stipulations below.
2. Added Stipulation: That the entrance driveway off of Erwin Road be moved as far north as possible, subject to the approval of the Town Manager and the North Carolina Department of Transportation (NCDOT).
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit/Planned Development-Mixed Use for the Marriott Residence Inn Hotel.
This the day of , 2003.
RESOLUTION E
(Bicycle & Pedestrian Advisory Board Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT/ PLANNED DEVELOPMENT-MIXED USE FOR THE MARRIOTT RESIDENCE INN HOTEL
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit/Planned Development-Mixed Use application proposed by Summit Hospitality Group, Ltd., on property identified as Chapel Hill Township Tax Map 27, Block A, Lot 3 (PIN # 9799-48-0252), if developed according to the site plan dated October 8, 2002, the conditions in the Memorandum from Radway and Weaver dated November 12, 2002, and the conditions listed below, would:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Land Use Management Ordinance, including all applicable provisions of Articles 12, 13, 14, and 18, 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 Land Use Management Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Special Use Permit/Planned Development-Mixed Use for the Marriott Residence Inn Hotel development in accordance with the plans listed above and with conditions listed below:
Stipulations Specific to the Development
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit/Planned Development-Mixed Use for the Marriott Residence Inn Hotel in accordance with the plans listed above and with the conditions listed below:
1. Resolution A: That all of the stipulations in Resolution B shall apply to the proposed development unless modified or superseded by those stipulations below.
2. Added Stipulation: That after Dobbins Drive is realigned, the old section of Dobbins Drive be converted to a bicycle and pedestrian path, in order to provide bicycle and pedestrian access to the US 15-501 intersection, subject to the approval of the Town Manager and the North Carolina Department of Transportation (NCDOT).
3. Added Stipulation: That improvements to Erwin Road be revised to include an additional 5-feet of right-of-way dedication, the realignment of the travel lanes and turn lanes on Erwin Road, and the construction of a northbound bicycle lane on the east side of Erwin Road, subject to the approval of the Town Manager and the North Carolina Department of Transportation (NCDOT).
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit/Planned Development-Mixed Use for the Marriott Residence Inn Hotel.
This the day of , 2003.
RESOLUTION F
(Defining Contiguous Property)
A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT/ PLANNED DEVELOPMENT-MIXED USE FOR THE MARRIOTT RESIDENCE INN HOTEL (2003-11-18/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, having considered the evidence submitted in the Public Hearing thus far pertaining to the Special Use Permit/Planned Development-Mixed Use application proposed by Summit Hospitality Group, Ltd., on property identified as Chapel Hill Township Tax Map 27, Block A, Lot 3 (PIN # 9799-48-0252), if developed according to the site plan dated January 13, 2003, and the conditions in the Memorandum from Radway and Weaver dated January 8, 2003, hereby determines, for purposes of Land Use Management Ordinance Section 18.3, Finding of Fact c), contiguous property to the site of the development proposed by this Special Use Permit application to be that property described as follows:
All properties within _______ feet of the site.
This the 22h day of January, 2003.