SUMMARY OF A CONTINUATION OF PUBLIC HEARING HELD BY THE CHAPEL HILL TOWN COUNCIL, TUESDAY, JULY 3, 1997 AT 7:00 P.M.

 

Mayor Waldorf called the meeting to order. Council Members in attendance were Julie Andresen (arrived at 7:06 p.m.), Joyce Brown, Joe Capowski (arrived at 7:08 p.m.), Pat Evans, Richard Franck, Lee Pavao and Edith Wiggins.  Council Member Mark Chilton was absent. Also in attendance were Town Manager Cal Horton, Assistant Town Manager Flo Miller, Planning Director Roger Waldon, Town Engineer George Small, Parks and Recreation Director Mike Loveman and Urban Forester Curtis Brooks.

 

Persons wishing to testify in the Meadowmont Special Use Permit applications were sworn.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO CONSIDER THE INFRASTRUCTURE SPECIAL USE PERMIT FIRST THIS EVENING.

 

Noting that three Council Members were not in attendance at present, Council Member Brown offered a substitute motion to consider the swim club special use permit first.

 

Council Member Evans inquired whether the basketball courts she had suggested at an earlier meeting had been considered in the proposed project.  Mr. Perry said that the courts would be included in the project.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 21A.  THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

 

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT FOR MEADOWMONT SWIM CLUB (SUP 52-6)  (97-7-3/R-21a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by EastWest Partners, on property identified as Chapel Hill Township Tax Map 52, part of Lot 6, if developed according to the site plan dated February 28, 1997, the general principles outlined in the Meadowmont Design Guidelines and the Design Guidelines, Plans and Details (submitted by the applicant), and the conditions listed below:

 

1.         Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

 

2.         Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, 14, and 18, and with all other applicable regulations;

 

3.         Would be located, designed, and proposed to be operated so as to maintain or  enhance the value of contiguous property; and

 

4.         Would conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

 

These findings are conditioned on the following:

 

Stipulations Specific to the Development

 

1.         Construction Deadlines:  That construction begin by July 2, 2002 (five years from the date of Council approval) and be completed by July 2, 2007 (ten years from the date of Council approval).

 

2.  Land Use Intensity: 

 

            A.        This Special Use Permit approves:

 

·      Gross Land Area:  8.2 acres

·      Maximum Floor Area:  4,013 square feet

·      Number of Buildings:  5 

·      Number of Parking Spaces:  70

 

B.                That because of  the land area of this Special Use Permit may not provide sufficient land to demonstrate compliance with the Land Use Intensity requirements, prior to the 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 application 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 bounds 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.

 

3.         Recreation Facilities:   That the site shall include a club house, a swimming pool and

              associated pavilions, volleyball courts, tennis courts, and an outdoor basketball facility.

 

4.  Watershed Protection:

 

A.        That the developer shall comply with all watershed protection district regulations, including all performance criteria and bond requirements, if applicable.

 

B.         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.

 

5.         Clearing and Grading:  That all cut and fill slopes along public rights-of-way shall be a maximum of 3:1, or as approved by the Town Manager.

 

6.         Other Water Resources Protection Regulations:

 

            A.          That the applicant submit final plans which show the location of State or federally regulated wetlands on the site.

 

            B.         That any proposed disturbance of wetlands shall demonstrate compliance with applicable State and federal regulations.

 

7.         Required Transportation Related Improvements: 

 

            A.        Off-site Streets:

 

1.         That Road G, in its entirety, and the Hilltop Collector Road, from Highway 54 to Road G, shall be constructed in accordance with the resolution of approval adopted by the Town Council regarding the Special Use Permit for the Meadowmont Infrastructure and Design Guidelines application.

    

                                    The Hilltop Collector Road shall be constructed within a 73-foot right-of-way and include two 11 foot wide travel lanes, one ten-foot-wide center turn lane, two four foot wide on-street bicycle lanes, two five-foot-wide sidewalks, and two eight-foot-wide tree/lawn planters separating the sidewalks and on-street bicycle lanes.

 

B.         Other Internal Street Improvements:

 

1.         That the parking lots and drive aisles be constructed to Town standards for pavement design and dimensions, unless an alternate design is approved by the Town Manager for specific situations.

 

C.    Pedestrian Paths/Bicycle Paths/Greenways:                  

 

1.                 That a public 5-foot sidewalk be constructed along both sides of Road G, along one side of the entrance into the swim club complex, to the pool, and to the side parking lot.  In addition, sidewalk shall be provided from the side parking lot to the northeast property line, and from the front parking lot across the creek to the southwest property line.

 

D.        Transit:

 

1.         That a bus stop be provided on Road G near the entrance to the swim club.

 

E.         Other Off-site Improvements:

 

1.         That the developer provide a street sign plan, an on-street parking plan, and a pavement marking plan for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

2.         That the applicant provide underground conduit for future utilities and/or lighting in designated locations approved by the Town Manager.

 

3.         That  a soils exploration will be conducted to determine special pavement and subsurface drainage design for some sections of roadway.  Pavement and drainage designs for this project must be approved by the Town Manager and shall include supporting technical data.

 

8.         Required Utility Related and Other Improvements:

 

   A.        Stormwater Runoff:

 

1.         Stormwater from all streets and alleys shall be piped past the adjacent building sites and shall be contained in a minimum 30-foot-wide storm drainage easement, unless the width is modified by the Town Manager.

 

2.         A stormwater management plan, based on a 10-year storm, shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The post-development stormwater runoff rate shall not exceed the pre-development rate for all non-residential use.  The stormwater calculations should be determined using the Town’s HYDROS model.

 

     B.           Other Utilities:

 

1.         That the final plans demonstrate there is no conflict between utility lines, easements, and other site elements.

 

2.         Detailed phase-specific utility extension plans shall be reviewed for approval by  OWASA and the Town Manager.  These plans shall include water and sewer line construction both off-site and on-site.

 

9.         Ownership and Responsibilities of Common Areas:

 

A.        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.  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 commonly owned development elements which affect the entire development, including the stormwater management facilities.

 

            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.

 

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

 

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

 

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

 

10.       Steep Slopes:  That the submittal for final plan approval shall include a map showing 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.

 

The 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.

 

11.       Encroachment Agreements:  That any required State or local encroachment agreements (for landscaping and other required improvements) be approved prior to issuance of a Zoning Compliance Permit.

 

Stipulations Related to the Resource Conservation District

 

12.       Boundaries:  That the boundaries of the Resource Conservation District be shown on the final plat and final plans with a note indicating that “Development shall be restricted within the Resource Conservation District in accordance with the Development Ordinance”.

 

13.       Variances:  That all variances necessary for development with the Resource Conservation District be obtained before application for final plat or final plan approval.

 

14.       Construction Standards:  That for encroachment(s) into the Resource Conservation District, the requirements and standards of subsections 5.6. and 5.8 of the Development Ordinance shall be adhered to, unless the applicant is granted administrative exemptions. Permitted encroachments may include, but are not limited to the proposed pedestrian/bicycle paths over the stream and necessary stormwater drainage facilities.

 

Stipulations Related to State and Federal Government Approvals

 

15.       State or Federal Approvals:  That any required State or federal permits or encroachment agreements be approved by the appropriate agencies and copies of the approved permits and agreements be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

Stipulations Related to Landscape Elements

 

16.       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.  The plan shall show the use of tree protection fencing, unless alternate protection measures are approved by the Town Manager, between construction and existing vegetation to remain.

 

17.       Landscape Plan Approval:  That a detailed landscape plan (including provisions for parking lot screening and pavement shading), lighting plan, and landscape maintenance plan be approved by the Appearance Commission and Town Manager prior to the issuance of a Zoning Compliance Permit.

 

Existing vegetation may be used, partially or wholly, to fulfill the landscape requirements, where deemed sufficient by the Town Manager.

 

Stipulation Related to Building Elevations

 

18.       Building Elevation Approval for Special Use Permit Applications:  That detailed building elevations and a lighting plan be approved by the Appearance Commission prior to issuance of the Zoning Compliance Permit.

 

Stipulations Related to Water, Sewer, and Other Utilities

 

19.       Fire Safety and Fire Flow Report: 

 

A.        That a detailed hydrant and  fire flow report, prepared by an engineer registered in North Carolina, shall be required prior to issuance of a Zoning Compliance Permit.  The following flow and pressure shall be provided:

 

2,500 - 12,000 gallons per minute, at 20 pounds per square inch residual pressure.

 

B.         That the proposed fire hydrant be relocated to a location approved by the Town Manager.

 

20.       Utility/Lighting Plan Approval:  That the final detailed utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power, BellSouth or GTE, Public Service Company, Time Warner Cable, and the Town Manager, before issuance of a Zoning Compliance Permit.  The property owner shall be responsible for assuring that these utilities, including cable television, are extended to serve the development.

 

Miscellaneous Stipulations

 

21.      OWASA Easements:  That easement documents as required by OWASA and the Town Manager be recorded before final plat approval.

 

22.       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.

 

23.       Transportation Management Plan:  That prior to issuance of a Zoning Compliance Permit for any portion of the proposed non-residential uses, the applicant prepare, for approval by the Town Manager, a Transportation Management Plan.  The required components of each Transportation Management Plan shall include:

 

·                    Provision for designation of a Transportation Coordinator;

 

·                    Provision for an annual Transportation Survey and Annual Report to the Town Manager;

 

·                    Quantifiable traffic reduction goals and objectives;

 

·                    Ridesharing information; and

 

·                    Public transit incentives.

 

24.       Detailed Plans: 

 

A.        That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), landscape plans and landscape maintenance plans 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 Development Ordinance and the Design Manual.

 

B.         The Town Manager may require adjustments to the street design to enhance safety and maintenance operations.

 

C.        The developer shall be responsible for assuring that all utilities, including cable television, be extended to serve the development.

 

            D.        All utility easements and easement documents for utility companies and the Town shall be recorded prior to final plat approval.

 

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

 

26.       Sight Triangle Easements:  That sight triangle easements be provided on the final plat.

 

27.       New Streets - Traffic Signs:  That the property owners shall be responsible for placement and maintenance of temporary regulatory signs, including street name signs, before issuance of any Certificates of Occupancy until such time that the street system is accepted for maintenance by the Town.

 

28.       Erosion Control:  That a detailed soil erosion and sedimentation control plan be approved by the Orange County Erosion Control Officer and the Town Manager before issuance of a Zoning Compliance Permit.

 

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

 

30.       Construction Sign Required:  That the applicant post s construction sign that lists the property owners’ representative, with a telephone number; the contractor’s representative, with phone number; and a telephone number for regulatory information upon issuance of a Zoning Compliance Permit.

 

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

 

32.       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 Special Use Permit for the Swim Club of the Meadowmont development in accordance with the plans and conditions listed above.

 

This the 3rd day of July, 1997.

 

COUNCIL MEMBER FRANCK MOVED THE ADOPTION OF THE SPECIAL USE PERMIT APPLICATION FOR THE APARTMENT SITE.  COUNCIL MEMBER PAVAO SECONDED THE  MOTION.

 

Council Members Andresen and Capowski arrived.

 

Council Member Andresen requested additional information regarding pocket parks and greenspace in the apartment site.  Mr. Horton said that the applicant had responded to the Council’s concerns in meeting the requirement for recreation space.   Applicant representative Jud Little said that the applicant was proposing 50,850 square feet of active recreation space, including an indoor fitness facility, perimeter walk, pool, playgrounds and garden spots.  He also said that an additional 14,625 square feet of passive space in the form of pocket parks and landscaping was proposed.

 

Council Member Capowski inquired about the size of the proposed swimming pool facility.   Mr. Little said the pool would have a maximum depth of five feet and would comprise a total of approximately 17,000 square feet, including decking. Council Member Capowski suggested amending the resolution to require a 25-yard, eight-lane pool.    Mr. Little said that the pool was never meant to be competitive and that he was not certain what would have to be changed to accommodate the size of the pool being suggested. Council Member Capowski said that the applicant had promised two large pools and the only other pool in the planning stages was at the Swim Club.  Noting that he did not recall promising two large pools, Mr. Perry suggested that there might have been some misunderstanding about a smaller kid’s fun pool at the Swim Club.  Mr. Perry said he believed that East/West Partners had complied with and exceeded many of the requirements set forth by the Council.

 

Council Member Evans stated that apartment dwellers who wished to swim competitively and therefore needed eight lanes, could go to the Swim Club.   Council Member Evans said she was concerned that increasing the size of the pool also increased the cost of construction which would be passed on to tenants, or would lower the quality of construction of the units that these tenants would reside in.   Stating that he had never referred to a competitive swimming pool, Council Member Capowski said that he just wanted to make sure that all the residents of Meadowmont would have adequate recreational facilities.   Mr. Horton stated that the applicant had met and exceeded the Town’s requirements for recreation facilities.  Council Member Evans said that if the Wellness Center were constructed, there would be another swimming pool in this facility.

 

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO REQUIRE AN ADDITIONAL  25-YARD, 8-LANE POOL FACILITY. THE MOTION PASSED BY A VOTE OF 5-4, WITH MAYOR WALDORF AND COUNCIL MEMBERS ANDRESEN, BROWN, CAPOWSKI AND CHILTON VOTING YES AND COUNCIL MEMBERS EVANS, FRANCK, PAVAO AND WIGGINS VOTING NO.

 

COUNCIL MEMBER ANDRESEN MOVED TO INCREASE THE SIZE OF “POCKET PARKS” FROM ¼ ACRE TO ONE ACRE EACH.  THE MOTION FAILED FOR LACK OF A SECOND.

 

Responding to the amendment regarding the pool requirement, Mr. Little said if the pool size stipulated were put in place, it would be necessary to forfeit the deck for the pool.

 

Council Member Andresen inquired about the scope of trees and landscaping for the  site.  Mr. Little responded that approximately $300,000 would be expended for landscaping, including screening, canopy trees, pathways and beds of annuals and perennials.

 

Council Member Wiggins expressed concern that eliminating the decking from the pool would compromise the enjoyability of the whole pool area.  Council Member Capowski said he believed that the applicant could figure out a way to build a larger pool and a good-sized deck.

 

COUNCIL MEMBER FRANCK MOVED TO RESCIND THE STIPULATION REQUIRING THE APPLICANT TO PROVIDE A 25-YARD, 8-LANE POOL FACILITY.  THE MOTION WAS ADOPTED BY A VOTE OF 6-3, WITH MAYOR WALDORF AND COUNCIL MEMBERS CHILTON, EVANS, FRANCK, PAVAO AND WIGGINS VOTING YES AND COUNCIL MEMBERS ANDRESEN, BROWN AND CAPOWSKI VOTING NO.

 

Council Member Brown noted that she had suggested a number of modifications to stipulations at last night’s hearing.  She said that the relevant items were:  an energy management program, bricks in the median, the addition of language specifying that the Appearance Commission and the Town Manager would review certain items, a portion of the perimeter sidewalk would be counted towards recreation space with the addition of benches and water fountains, the school site be referenced as 22, rather than 16, acres, and that the six years before the land reverted to the developer be started at the time of special use permit approval.  Mr. Horton noted that a listing of changes in stipulations was before the Council at their table this evening.

 

 COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVAO, TO INCORPORATE THE AFOREMENTIONED CHANGES IN STIPULATIONS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member Andresen expressed concern about the natural screening for the apartments from NC 54 and suggested the use of larger evergreens, such as magnolias.   Mr. Brooks said he believed that the screening proposed by the applicant would be sufficient and an asset to the area’s appearance.

 

THE MAIN MOTION, TO ADOPT THE SPECIAL USE PERMIT FOR THE APARTMENT SITE, AS AMENDED, WAS ADOPTED BY A VOTE OF 6-3, WITH MAYOR WALDORF AND COUNCIL MEMBERS CHILTON, EVANS, FRANCK, PAVAO AND WIGGINS VOTING YES AND COUNCIL MEMBERS ANDRESEN, BROWN AND CAPOWSKI VOTING NO.

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE MEADOWMONT APARTMENTS  (97-7-3/R-19a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit - (Planned Development-Housing) proposed by Crosland Properties, on property identified as Orange County, Chapel Hill Township Tax Map 52, part of Lot 6, and Durham County Tax Map 479, Block 1, Lot 1B; if developed according to the Site Plan, dated May 14, 1996, and revised October 31, 1996 and February 27, 1996 (sic) and the general principles outlined in the Design Guidelines, Plans and Details, and the Entranceway Corridor Design Guidelines  (submitted by the applicant and subject to the revisions listed in conditions below), and the conditions listed below:

 

1.                  Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

 

2.                  Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Article 12, 13, 14, and 18, and with all other applicable regulations;

 

3.                  Would be located, designed, and operated so as to maintain or enhance the value of contiguous property; and

 

4.                  Would conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

 

These findings are conditioned on the following:

 

Stipulations Specific to the Development

 

1.                  Construction Deadline:  That construction begin by July 2, 2002 (five years from the date of Council approval) and be completed by July 2, 2007 (ten years from the date of Council approval).

 

2.                  Land Use Intensity: 

 

A.        This Special Use Permit approves:

 

            ·          Gross Land Area:  879,040 square feet

            ·          Number of Dwelling Units:  258

            ·          Maximum Floor Area:  266,349 square feet

            ·          Minimum Open Space:  685,651 square feet

            ·          Minimum Livability Space:  439,520 square feet

            ·          Number of Buildings:  20 buildings plus four garages

            ·          Number of Parking Spaces: 487

 

B.         That because the land area of 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 or Durham County Register of Deeds Office, that obligates allowable Land Use Intensity requirements of land (such as floor area, open space, and livability space) 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.

 

3.         Mix of Uses:  That the initial phase proposing buildings on the Meadowmont site include             a mix of residential and commercial uses. 

 

4.           Sidewalk Connections:  That additional sidewalk connections be provided between

            buildings and the perimeter sidewalks as determined by the Town Manager.

 

5.         Clearing and Grading:  That all cut and fill slopes along public rights-of-way shall be a maximum of 3:1 or as approved by the Town Manager. 


 

6.         Permanent Retention Basin Installation:

 

            A.        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 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.

 

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

 

C.        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.

 

D.        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.

 

E.         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.

 

F.         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.

 

G.        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.

 

H.        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.

 

I.          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.

 

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

 

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

 

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

 

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

 

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

 

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

 

7.         Other Water Resources Protection Regulations:

 

A.        That the applicant submit final plans which show the location of State or federally regulated wetlands on the site.

 

B.         That any proposed disturbance of wetlands shall demonstrate compliance with applicable State and federal regulations.

 

8.         Required Transportation Related Improvements:

 

A.        That the applicant provide a minimum of 10 feet median width for Meadowmont Lane, excluding narrower widths for turn lanes and associated tapers to be approved by the North Carolina Department of Transportation and the Town Manager. 

 

That bricks be included in select locations within the Meadowmont Lane median, as determined by the Town Manager and the Appearance Commission.   All other

paved areas shall be a hard permanent surface.

B.         That all necessary roadway, intersection, and signal improvements consistent with the Master Land Use Plan to improve the level of service must be installed prior to any Certificates of Occupancy. 

 

C.        That the applicant provide a street sign, on-street parking, and pavement marking plan for approval by the Town Manager prior to the issuance of a Zoning Compliance Permit and that the signs and pavement markings  be installed by the applicant prior to issuance of a Certificate of Occupancy. 

 

D.        That the applicant design Meadowmont Lane to provide a raised median and adequate turn lane storage with appropriate tapers between the main entrance to the Apartments and Barbee Chapel Road

 

E.         That  one half of Meadowmont Lane, with a 32 foot back-of-curb to back-of-curb pavement, be constructed from Highway 54 to the entrance to the Apartments prior to the issuance of a Certificate of Occupancy for the Apartments. 

 

F.         That  Barbee Chapel Road, with a 49 foot back-of-curb to back-of-curb, from Highway 54 to Meadowmont Lane be constructed prior to the issuance of a Certificate of Occupancy for the Apartments.

 

G.        That Highway 54 from Barbee Chapel Road to Meadowmont Lane be constructed as specified in the Town Council approved resolution for the Infrastructure Special Use Permit with 190 foot right-of-way and including three 12’ travel lanes in each direction, with specified turn lanes, sidewalks, bike paths and landscaped median.

 

H.        That all parking lots  be designed to meet Town standards for pavement design and dimensions unless an alternate design is approved by the Town Manager.

 

I.          That all parking areas shall be screened from highway view.  Screening plans shall be subject to approval by the Town Manager and the Appearance Commission. 

 

J.          That parking areas for buildings along the highway corridor shall be at or behind the building line.                       

 

K.        That the applicant provide either a payment-in-lieu for a signal or install  the signal for the proposed pedestrian crossing on Meadowmont Lane at the intersection at the entrance to the Apartments  and that the signal installation  be approved by the N. C. Department of Transportation.

 

L.                 That the applicant provide a signal upgrades or payment-in-lieu to the Town or State, as appropriate, for the intersections of Highway 54 and  Meadowmont Lane, and at the intersection of  Highway 54 and Barbee Chapel Road.   All new and upgraded traffic signals must have hard wire connection to the Town’s computerized traffic signal system.

 

9.         Required Utility Related and Other Improvements:

 

A.        Stormwater Runoff:

 

                        1.         Stormwater from all streets and alleys shall be piped past the adjacent building sites and shall be contained in a minimum 30 foot wide storm drainage easements, unless the width is modified by the Town Manager; and, if necessary, the number or configuration of lots shall be adjusted accordingly.

 

            2.         A stormwater management plan, based on a 10-year storm, shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The post-development stormwater run-off rate shall not exceed the pre-development rate for all non-residential use.  Stormwater calculations should be determined using the Town’s HYDROS model.

 

            3.         Design and construction of any stormwater management facility shall be approved by the Town Manager.  All plans and final plats shall include dedication of permanent easements and construction of a paved or gravel drive for ingress/egress as necessary for construction, maintenance operations, and equipment.  The drive shall be in a location to be approved by the Town Manager.

 

            B.         Other Utilities:

 

                        1.         That the final plans demonstrate there is no conflict between utility lines,             easements, and other site elements.

 

                        2.         Detailed phase-specific utility extension plans shall be reviewed for approval by OWASA and the Town Manager.  These plans shall include water and sewer line construction both off-site and on-site.

                       

10.       Ownership and Responsibilities of Common Areas:

 

            A.        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.  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 or Durham 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, 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. 

 

11.       Design-Related Stipulations: 

 

            A.        The following revision shall be incorporated into the applicant’s Entranceway Corridor Design Guidelines document:  That the text under “North side of Highway 54” on page 2 be revised to include a note indicating that the Town’s Urban Forester will assist the developer in determining and defining where and how breaks in the existing tree buffer can occur.

 

                        A revised copy of the Guidelines shall be submitted to the Town’s Planning Department, and shall supersede the original set of guidelines.  The revised guidelines must be received and approved by the Town Manager prior to issuance of a Zoning Compliance Permit for the first phase of development.  Subsequent revisions shall be approved by the Town Manager.

 

            B.         That all sidewalks within public rights-of-way shall be at least five feet in width.  Alternatively, the Town Manager may approve a narrower width in situations where there are topographical or other constraints.

 

12.       Stormwater Management Plan:  That a detailed stormwater management plan, based on the Town’s HYDROS program, shall be submitted with applications for Zoning Compliance Permit for approval by the Town Manager.

 

13.       Encroachment Agreements:  That any required State or local encroachment agreements (for landscaping and other required improvements) be approved prior to issuance of a Zoning Compliance Permit.

 

Stipulations Related to Recreation Space

 

14.       Recreation Facilities:

 

A.        That the applicant provide 43,952 square feet of improved recreation space on the apartment site. This improved recreation space is to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.  The perimeter sidewalk may be counted toward the recreation space requirement.  The proposed play field in the Highway 54 landscape buffer yard is not permitted.

 

B.         The approximately 70 acre park shall be developed by the developer with the first phase of development which contains residential units or a surety guarantee shall be provided in an amount to cover the costs of  building the park and access roads to the park.

 

C.        No Certificate of Occupancy shall be issued for the residential units within a phase until all the active recreation facilities for that particular phase have been completed, or a performance guarantee acceptable to the Town Manager is posted with the Town to ensure timely completion.

 

15.       Construction Standards:  That for encroachment(s) into the Resource Conservation District, the requirements and standards of subsections 5.6 and 5.8 of the Development Ordinance must be adhered to, unless the application is granted administrative exemptions from sub-section 5.8.  Permitted encroachments include, but are not limited to:

 

                        -  Street crossings;

                        -  Pedestrian/bicycle paths along and over the streams;

                        -  Wet detention basin/stormwater management facilities;

                        -  Utility lines; and

                        -  Surface Parking. 


 

Stipulations Related to State and Federal Approvals

 

16.       State or Federal Approvals:  That any required State or federal permits or encroachment agreements (including, but not limited to those needed for improvements to Meadowmont Lane, Highway 54, for pond and dam construction, for stormwater management and erosion control, for crossings over/under Highway 54, for disturbance related to the listed archaeological site, for water and sewer extension, and for development in the wetlands and Watershed Protection District) be approved by the appropriate agencies and copies of the approved permits and agreements be submitted to the Town Manager  prior to the issuance of a Zoning Compliance Permit for the subject phase of development.

 

17.       NCDOT Approvals:  That plans for improvements to State-maintained roads, including landscaping and utility plans, be approved by NCDOT prior to issuance of a Zoning Compliance Permit for the subject phase of development.

 

Stipulations Related to Landscape Elements

 

18.       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.  The plan shall show the use of tree protection fencing, unless alternate protection measures are approved by the Town Manager, between  construction and existing vegetation  to remain.

                       
19.       Landscape Plan: 

 

A.        That the final planting plan include a broader selection of plant materials, especially for canopy trees. 

 

20.       Street Tree Plantings:

 

A.        That the developer shall provide street tree plantings for public streets, with canopy trees to be planted 40 to 60 feet apart.   Locations shall include:

 

-  at Entranceways on Highway 54;

-  along entrance roads;

-  in the parks, greens, and recreation areas;

-  both sides of streets in non-residential areas;

-  both sides of Meadowmont Lane;

-  both sides of Barbee Chapel Road extension;

-  both sides of streets abutting townhouse development; and

-  at least one side of all other streets.

 

            Final plans for the development shall include a street tree plan developed in conjunction with local utility companies, and approved by the Town Manager, prior to issuance of a Zoning Compliance Permit.  Letters from utility companies specifically approving the street tree plans shall be required and, if necessary, utilities shall be relocated to permit planting of trees as proposed in the applicant’s conceptual street tree planting plan.  These trees shall be installed to Town standards as detailed in the Town’s Design Manual.

 

B.         That all street tree plantings be linked to construction of the infrastructure associated with each phase of development, and are therefore the responsibility of the applicant. 

 

C.        That all street trees along public streets adjacent to selected multi-family and commercial areas be approximately 3 ½ to 4 inch caliper when planted, or as approved by the Town Manager. 

 

21.       Landscape Plan Approval:  That detailed landscape plans (including buffers and street tree plantings), landscape maintenance plans, and lighting plans be approved by the Town Manager  and the Appearance Commission prior to issuance of a Zoning Compliance Permit.

 

22.       Landscaping Buffers:

 

A.        The following buffers shall 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:

 

B.         That a type “D” landscape buffer (200 foot minimum width for the western section and 50 foot minimum for the eastern section) be provided along the Highway 54 frontage with “windows” through the vegetation in accordance with the Town’s Entranceway Plan. 

 

C.        That additional information be provided about how the relocation of pines and cedars within the buffer will be accomplished.

 

D.        That plantings be provided, meadows be restored and existing vegetation preserved along the highway frontage in general compliance with the Town’s Master Landscape Plan for Entranceway Corridors along NC 54.  A streetscape plan, demonstrating compliance with the Entranceway Master Plan, shall be submitted for the Town Manager and Appearance Commission review and approval.  Planting plans for trees along Highway 54 shall also be subject to approval by NCDOT.

 

E.         That a plan for thinning hedgerows along Highway 54 be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 

 

23.       Landscaping Around Permanent Detention Ponds:  That landscaping approved by the Town Manager shall be provided around the permanent detention pond, and that such landscaping shall be in accordance with local and State watershed protection regulations.

 

24.       School Site Deeded as Part of First Phase:  That 22 acres of land be deeded to the Chapel Hill-Carrboro City Schools for use as a future school site.  The location of the 22 acres shall be as shown on the applicant’s Master Plan, dated August 10, 1995.  The 22 acre parcel shall be deeded as a condition of approval for the first phase of development that includes residential units.  The deed shall provide that if the School Board does not commit within six years of the date of the approval of the Special Use Permit to build a school and within eight years receive a Special Use Permit for construction of a school site on this site, title to the property shall revert to the current owner and may be used for up to 50 residential lots in this area with the approval of a Special Use Permit (maximum number of dwelling units for entire site remains at 1,298).  However, if the applicant has not constructed Meadowmont Lane from Highway 54 to the school entrance and provided utilities to the site, the time period to receive a Special Use Permit shall be extended until two years after such time as said road and utilities have been constructed. 

 

Stipulation Related to Building Elevations

 

25.       Building Elevations:  That detailed building elevations be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.

 

Stipulations Related to Water, Sewer, and Other Utilities

 

26.       Fireflow:

 

            A.        That a detailed hydrant plan and fire flow report, certified by an engineer registered in North Carolina, shall be required prior to the issuance of a Zoning Compliance Permit.  The following flow and pressure shall be provided:

 

                        ·          For multi-family:  1,500 - 2,500 gallons per minute, at 20 pounds per    square inch residual pressure.

 

27.       Utility/Lighting Plan Approval:  That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, TimeWarner Cable, Public Service Company, BellSouth or GTE, and the Town Manager before issuance of a Zoning Compliance Permit.  The property owner shall be responsible for assuring that these utilities, including cable television, are extended to serve the development.

 

Miscellaneous Stipulations

 

28.       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 issuance of a Zoning Compliance Permit.

 

A.        That a note stating that the refuse compactor will be privately serviced be recorded on the final plat.

 

B.         That the applicant identify a location for eight containers for refuse and at least one eight-cubic-yard cardboard recycling container should Town service be required.   

 

C.        That the applicant locate an alternative recycling site closer to  buildings 7,8,9, and 10 to enhance participation in recycling.

 

D.        That the applicant consider an adjustment to the design of the compactor recycling area and design the entry path in the middle of the row of carts rather than at one end, reducing the walking distance to each type of material; and an adjustment to the pull-off for a more drop-off efficient design.

 

E.         That the detailed plans of the  proposed refuse/recycling collection areas and the compactor site be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. 

 

29.       Detailed Plans:

 

            A.        That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), landscape plans, and landscape maintenance plans be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable regulations and the design standards of the Development Ordinance and the Design Manual.

 

            B.         The Town Manager may require adjustments to the street design to enhance safety and maintenance operations.

 

            C.        That a Streetlighting Plan be developed in cooperation with Duke Power company and submitted to the Town for approval prior to issuance of a Zoning Compliance Permit, and that this plan reflect the hierarchy of streets within the development.

 

D.        That a street sign, on-street parking, and pavement marking plan be provided for approval by the Town manager prior to issuance of a Zoning Compliance Permit.  All pavement markings a shall be thermoplastic.  The signs and pavement markings shall be installed by the applicant prior to issuance of a Certificate of Occupancy.

           

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

 

            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; and 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.

 

31.       Sight Triangle Easements:  That sight triangle easements be provided on the final plat.

 

32.       New Streets - Traffic Signs:  That the property owners shall be responsible for placement and maintenance of temporary regulatory signs, including street name signs, before issuance of any Certificates of Occupancy until such time that the street system is accepted for maintenance by the Town.

 

33.       New Street Names and Numbers:  That the name of the development and its streets and house/building numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

34.       Erosion Control:  That a general soil erosion and sedimentation control plan for the development be reviewed by the Orange and Durham Counties Erosion Control Officer with the review of the final plans for the first phase of development.

           

            A phase-specific detailed erosion control plan shall be submitted with each final plan application for review and approval by the Orange and Durham Counties Erosion Control Officer.

 

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

 

36.       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 prior to issuance of a Zoning Compliance Permit.

 

37.       Energy Management:   That an energy management program generally consistent with guidelines submitted by the applicant, 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.

 

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:  That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

 

BE IT FURTHER RESOLVED that the Council hereby approves the Special Use Permit for the Apartments of the Meadowmont development.

 

This the ­­­3rd day of July, 1997.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT THE RESOLUTION REGARDING THE  INFRASTRUCTURE SPECIAL USE PERMIT.

 

COUNCIL MEMBER FRANCK MOVED THE DELETION OF STIPULATIONS 3C AND 3D.

 

As follow-up from last night’s hearing,  Mayor Waldorf said that she had spoken with Kani Hurow from the Oaks Community Association, who had indicated that the Association had no desire to own land as offered by the applicant.  Mayor Waldorf also referenced the matter of prohibiting on-street parking in the area of the parcel in question.  Council Member Franck suggested that Town staff be instructed to bring forward an ordinance to this effect at the time of construction of the path and park in this area.  Council Member Evans noted the importance of consulting neighboring residents about this matter.

 

Mayor Pro-tem Brown suggested two amendments concerning traffic impacts.   She said that the first amendment called for closing the Pinehurst Drive connection and making the developer responsible for traffic calming devices on neighboring streets.  She also said that the second amendment was that the Town of Chapel Hill would conduct traffic studies of the area around Meadowmont and would develop traffic calming devices to be put in place before any construction permits would be issued.

 

Council Member Evans also presented two proposed amendments.   The first amendment being that the developer would be responsible for sidewalks on both sides of  Pinehurst Drive in the existing portion and the new portion to be built as a connector into Meadowmont.  She stated that the second proposed amendment was that the Pinehurst Drive connection be completed prior to the occupancy of the school or the 201st resident.

 

MAYOR PRO TEM BROWN MOVED THE SECOND AMENDMENT DEALING WITH THE TRAFFIC STUDY.  COUNCIL MEMBER ANDRESEN SECONDED THE MOTION.

Council Member Capowski questioned Mr. Waldon about the status of studies dealing with the streets around Meadowmont.   Mr. Waldon informed Council Member Capowski that there were no studies currently being done on Rogerson, Cleland, or Oakwood Drives.  Council Member Capowski  said if the requirement for traffic calming needed to be linked to impact, then there needed to be a baseline measurement.  Mr. Waldon said that there was a study of Burning Tree Drive which could be used as a good example of possible impacts.

 

Council Member Pavao questioned Mayor Pro-tem Brown about the relationship of her amendments and his resolution from last night’s meeting.  Mayor Pro-tem Brown explained that her proposed resolution  was stronger and required that the study and calming devices be in place prior to construction.

 

Council Member Andresen said that she had  recently spoken with NCDOT officials who had explained that the Council could request that NCDOT perform studies of key intersections.  She stated that these studies would reveal the future capacities, an accident report, recommended improvements, and analysis of specific roadways.  Council Member Andresen expressed her hope that the Town would take the Department of Transportation up on this service.

 

Mayor Waldorf expressed her concern about Mayor Pro-tem Brown’s amendment forcing traffic calming devices on neighborhoods which did not want them.  Council Member Capowski said that these neighborhoods were having huge traffic increases forced on them.  Council Member Capowski said he was sure that neighborhood residents opposed such increases in traffic volumes.

 

Council Member Andresen suggested that the amendment be worded to give neighborhoods more options.

 

Council Member Evans reminded the Council that the only traffic calming device in place in the Town was a hump on North Lakeshore Drive, which had not proven to be too controversial. Council Member Evans also pointed out that the traffic patterns needed to be analyzed before traffic calming was used, so that maybe it should be utilized at 50% to 75% build-out.

 

Referencing her proposed amendment, Council Member Brown said it made more sense to use preventative measures. Council Member Brown also said she supported giving neighbors a choice regarding traffic calming measures.

 

Council Member Franck also expressed his support for traffic calming measures, but questioned their linkage to construction permits.  

 

Council Member Capowski asked whether it was possible to require a developer to set aside funds which could be used for traffic calming measures if it were shown that they were needed due to the proposed development.  Mr. Karpinos replied that the applicant had already responded to expected impacts of the development and, although he could be asked to do this, the requirements needed to be set at the time of application and the evidence needs to be in place at the present time.

 

Council Member Pavao echoed Council Member Franck’s concern about the absence of scheduling and the link to construction.  Mayor Pro-tem Brown offered to change her proposed language to accommodate this concern.

 

Council Member Evans reminded the Council that there was also going to be a lot of development in this area, not related to Meadowmont or even to the Town.  

 

Council Member Andresen stated that the majority of the Council had expressed the feeling that the applicant needed to be responsible for traffic management on the neighborhood streets which would clearly be impacted by Meadowmont.

 

Mayor Waldorf clarified the amendment on the table by noting that the proposal was for the applicant to be responsible for traffic calming on Pinehurst Drive.  Mayor Waldorf requested clarification of what the Council could require of the developer in this regard.

 

Council Member Evans expressed her concern about linking the study and calming devices with the construction, which she saw as a delay.  Council Member Wiggins echoed this concern.   Council Member Wiggins added that some traffic calming was needed now, before development of the Meadowmont proposal had even started and that the Council had expressed a desire to minimize the impact on these streets.

 

Council Member Brown suggested adding language which would establish a proposed construction schedule.  Mr. Perry said construction could possibly begin in as little as six months, with residents moving into Meadowmont beginning in 1999 and home construction continuing for a period of five to ten years.  Mr. Perry urged the Council to remember that the proposed Meadowmont development would benefit the Town in many ways, including tax revenues. He also noted that traffic and other development-related impacts would be coming from many other places outside of Meadowmont.

 

Mayor Waldorf suggested that Council Member Brown delete the last sentence linking traffic studies with a construction schedule.  The motioner and seconder concurred.

 

COUNCIL MEMBER BROWN’S AMENDED MOTION REGARDING A TRAFFIC STUDY, AS AMENDED, WAS ADOPTED BY A VOTE OF 6-3, WITH MAYOR WALDORF AND COUNCIL MEMBERS ANDRESEN, BROWN, CAPOWSKI, CHILTON AND WIGGINS VOTING YES AND COUNCIL MEMBERS EVANS, FRANCK AND PAVAO VOTING NO.

 

Council Member Evans introduced a friendly amendment to require the developer to build sidewalks on both sides of Pinehurst Drive, in the new sections to be built by Meadowmont’s developer, both inside Meadowmont and the required newly built portions of Pinehurst Drive outside Meadowmont.   Mr. Perry said although the cost would be significant, he would agree to do so.

 

Council Member Andresen proposed an amendment to close the Pinehurst Drive connector to all but emergency, bicycle and pedestrian traffic.  Noting that she did not want to put more traffic on to streets like Rogerson and Oakwood Drives, Council Member Andresen said she felt that making the connection on Pinehurst Drive would also create a funnel.  She expressed hope that effective traffic calming measures would mitigate impacts on other area streets.

 

Mayor Pro-tem Brown reiterated her desire to prevent any impact whatsoever on the existing neighborhood streets.

 

Council Member Evans stated that she would not support this proposed amendment because Pinehurst Drive was ninety feet wide and could accommodate the traffic much more readily than narrower streets, such as Rogerson and Oakwood Drives, which would be more heavily impacted if the connection was not made.

 

Council Member Wiggins supported Council Member Evans’ position and said that the Council needed to think about all of the streets in the area.  Council Member Wiggins requested clarification regarding timing of the connection.   Mr. Horton explained that Pinehurst Drive was due to be opened in conjunction with the school occupancy or residential influx.   Mr. Perry anticipated that the 201st resident would move in sometime between the years 2000 and 2003.

 

Mayor Pro-tem Brown expressed her concerns about traffic impacts and added that the development needed to be looked at as a whole, not in segments.  Council Member Pavao concurred, but said that in looking at the development as a whole, he felt that the connector should be opened.

 

THE MOTION FAILED BY A VOTE OF 4-5, WITH COUNCIL MEMBERS ANDRESEN, BROWN, CAPOWSKI AND CHILTON VOTING YES AND MAYOR WALDORF AND COUNCIL MEMBERS EVANS, FRANCK, PAVAO AND WIGGINS VOTING NO.

 

COUNCIL MEMBER FRANCK MOVED TO MAKE THE CONNECTION WITH TRAFFIC CALMING AS EXPLAINED ON PAGE 13 OF THE STAFF’S OVERVIEW MEMO.   COUNCIL MEMBER EVANS SECONDED THE MOTION.  THE MOTION PASSED BY A VOTE OF  6 TO 3, WITH MAYOR WALDORF AND COUNCIL MEMBERS CHILTON, EVANS, FRANCK, PAVAO AND WIGGINS VOTING YES AND COUNCIL MEMBERS ANDRESEN, BROWN AND CAPOWSKI VOTING NO.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVAO, THAT THE SCHEDULE FOR THE OPENING OF THE PINEHURST CONNECTOR BE TIED TO EITHER  THE TIME OF SCHOOL OCCUPANCY OR THE 201ST RESIDENT MOVING INTO THE MEADOWMONT DEVELOPMENT.  THE MOTION PASSED BY A VOTE OF 8-1, WITH COUNCIL MEMBER BROWN VOTING NO.

 

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER FRANCK, THAT NO CONSTRUCTION TRAFFIC BE ALLOWED ON A SET BOUNDARY OF NEIGHBORHOOD STREETS SURROUNDING THE DEVELOPMENT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

Council Member Andresen inquired about proposed phasing plans.  Mr. Horton responded that until the staff received the phasing plan from the developer there was little they could do about this matter.   Mr. Waldon briefly explained the requirements for road improvements linked to construction.  

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO AMEND THE RESOLUTION BY LOWERING THE REQUIRED CORNER RADII TO MAKE INTERSECTIONS MORE ACCESSIBLE TO PEDESTRIANS.

 

Council Member Capowski asked whether there were plans to widen NC54  beyond Barbee Chapel Road.   Mr. Waldon replied that, although there were no plans currently on the books, this would probably take place.   Council Member Capowski expressed concern about this area becoming a funnel.   Mr. Waldon suggested that most of the traffic at this point would be heading into the Town and points east and that NC 54 would retain an adequate level of service.

 

Council Member Andresen suggested an amendment which would allow the Manager to decrease the number of lanes that NC 54 was proposed to become in the future.   Council Member Andresen pointed out that there had been much talk about preserving vistas, which was a concern that seemed futile when constructing an eight-lane highway in the middle of these preserved vistas.   Council Member Franck said he did not accept the amendment as friendly because of NCDOT’s request for eight lanes.   Mr. Horton added that he could not imagine a circumstance which would support a recommendation to decrease the number of  travel lanes. Council Member Andresen asked the Council to think about Crabtree Valley Mall with its’ eight lanes of traffic.

 

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 20A AS AMENDED.   THE MOTION WAS ADOPTED BY A VOTE OF 6-3, WITH COUNCIL MEMBERS ANDRESEN, BROWN AND CAPOWSKI VOTING NO.

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE MEADOWMONT INFRASTRUCTURE PLAN (97-7-3/R-20a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit - (Planned Development Mixed Use) proposed by East-West Partners Management Company, Inc., on property identified as Orange County, Chapel Hill Township Tax Map 52, Lot 6 and Durham County Tax Map 479, Block 1, Lot 1B; if developed according to the Transit Corridor Alignment Revision Plan, dated June 17, 1997 (and Town Park/School Boundary Revision Plan dated June 17, 1997), the general principles outlined in the Meadowmont Design Guidelines, Design Guidelines, Plans and Details, and the Entranceway Corridor Design Guidelines (submitted by the applicant and subject to the revisions listed in conditions below), and the conditions listed below:

 

1.                  Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

 

2.                  Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Article 12, 13, 14, and 18, and with all other applicable regulations;

 

3.                  Would be located, designed, and operated so as to maintain or enhance the value of contiguous property; and

 

4.                  Would conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

 

These findings are conditioned on the following:

 

Stipulations Specific to the Development

 

1.                  Construction Deadline:  That construction begin by July 3, 2002 (five years from the date of Council approval) and be completed by July 3, 2007 (ten years from the date of Council approval).

 

2.                  Land Use Intensity:  This Special Use Permit approves:

¨      Gross Land Area:  185 acres

¨      Total Number of Single-Family Lots:  418

-        Number of Single-Family Lots:  394

-        Number of Lots Single-Family Lots Dedicated for Future Purchase by School System:  5

-        Number of Single-Family Lots Reserved for Potential Accessory Corner-Type Retail Uses:  17

-        Lot 320 shall be dedicated to OWASA

-        Lot 259 shall be reserved for driveway access to the Paul J. Rizzo Conference Center.

¨      Number of Lots Proposed for Commercial or Office/Commercial Uses:  3

(Subsequent development to be in accordance with a Council approved Special Use Permit)

*  Boundaries of this Special Use Permit shall be that shown on the Transit              Corridor Alignment Revision Plan dated June 17, 1997 and Town                         Park/School Boundary Revision Plan dated June 17, 1997.

3.    Land Uses:

 

A.                 Permitted land uses within the various land use areas must be limited to those described in the uses shown on the Master Plan submitted by the applicant and identified in Subsection 12.3 (schedule of uses) of the Chapel Hill Development Ordinance and any other applicable provisions of the Development Ordinance, or applicable approved Special Use Permit or Zoning Compliance Permit.

B.                 In a case where the Master Plan or Applicant’s Report lists a use not included in a particular zoning district according to Subsection 12.3 or other applicable sections, the use shall not be permitted.  Uses shall be in accordance with those defined in Article 2 of the Development Ordinance.

C.                 That 22 acres of land be deeded to the Chapel Hill-Carrboro City Schools for use as a future school site.  The location of the 22 acres shall be as shown on the applicant’s Master Plan, dated August 10, 1995.  The 22 acre parcel shall be deeded as a condition of a Special Use Permit for the first phase of development that includes residential units.  The deed shall provide that if the School Board does not commit within six years of the date of the approval of the Special Use Permit to build a school and within eight years receive a Special Use Permit for construction of a school on this site, title to the property other than that reserved for playing fields shall revert to the current owner and may be used for up to 50 residential lots in this area with the approval of a Special Use Permit (Maximum number of dwelling units for entire site remains at 1,298).  However, if the applicant has not constructed Meadowmont Lane from Highway 54 to the school entrance and provided utilities to the site, the time period to receive a Special Use Permit shall be extended until two years after such time as said road and utilities have been constructed.

D.                 That an additional two acres (lots 331 through 335) at the southern end of the school site shall be reserved for eight years from the date of the approval of this special use permit, for optional purchase by the local School Board, at a price determined to be fair market value for developed lots (i.e., with utilities and roadway frontage).  If the School Board does not commit to purchase within six years and act within eight years to purchase this 2-acre parcel, the reservation requirement shall expire and the property owner may use this two-acre parcel for development of residential lots.  However, if the applicant has not constructed Meadowmont Lane from Highway 54 to the school entrance and provided utilities to the site, the right to purchase shall be extended until two years from such time as said road and utilities have been constructed.

E.                  That the 70-acre park shall be developed with the first phase of development which contains residential units, or a surety guarantee shall be provided in an amount to cover costs of building the park and access roads to the park.

F.                  That no Certificates of Occupancy shall be issued for the residential units within a phase until all the active recreation facilities for that particular phase have been completed, or a performance guarantee acceptable to the Town Manager is posted with the Town to ensure timely completion.

4.                  Non-Residential Lots:  That lots reserved for corner-type retail uses (lots 418 and 65 through 80 combined), include a maximum of 5,000 square feet of floor area of non-residential uses, and that development of these lots shall require Site Plan Approval by the Planning Board.

 

That development on the two parcels proposed for commercial use, and one parcel proposed for office/commercial use, shall require Special Use Permit Approval by the Town Council.

 

5.                  Clearing and Grading:  That all cut and fill slopes along public rights-of-way shall be a maximum of 3:1, or as approved by the Town Manager.

 

6.                  Permanent Retention Basin Installation:

                       

            A.        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 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.

 

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

 

            C.        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.

 

            D.        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.

 

            E.         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.

 

            F.         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 identify these responsibilities of the Owners’ or Homeowners’ Association, including pond maintenance.

 

            G.        Maintenance of the ponds shall be the responsibility of the applicant 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.

 

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

 

            I.          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.

 

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

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

 

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

 

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

 

            N.        That no ponds be created within the perimeter landscaped buffer required for the Meadowmont Development.

 

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

 

7.                  Other Water Resources Protection Regulations:

 

            A.        That the applicant submit Final Plans which show the location of State or federally regulated wetlands on the site.

 

            B.         That any proposed disturbance of wetlands shall demonstrate compliance with applicable State and federal regulations.

 

8.                  Required Transportation Related Improvements:

 

A.                Internal Streets:

 

State-Maintained Roads:  That all designs for State-maintained roads be approved by the North Carolina Department of Transportation prior to issuance of a Zoning Compliance Permit.

Meadowmont Lane:  That Meadowmont Lane, between Highway 54 and the Paul J. Rizzo Conference Center entrance drive, be constructed within a 110 foot right-of-way and include four 12 foot wide travel lanes, two four foot wide on-street bicycle lanes, two five foot wide sidewalks, two eight foot wide tree/lawn planters separating the sidewalks and on-street bicycle lanes, and a landscaped center median.

 

That Meadowmont Lane, between the Paul J. Rizzo Conference Center entrance drive and the northern termination, be constructed within a 65 foot right-of-way and include two 12 foot wide travel lanes, two four foot wide on-street bicycle lanes, two five foot wide sidewalks, and two eight foot wide tree/lawn planters separating the sidewalks and on-street bicycle lanes.

 

Meadowmont Lane Alignment:  That Meadowmont Lane be re-aligned according to the transit corridor alignment revision plan dated June 17, 1997.

 

Meadowmont Lane Turning Lanes:  That all Meadowmont Lane turning lanes be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

Meadowmont Lane Median:  That the width of the median along Meadowmont Lane be constructed with a minimum width of 10 feet, excluding narrower widths for turn lanes and associated tapers to be approved by the North Carolina Department of Transportation and the Town Manager prior to issuance of a Zoning Compliance Permit.

 

That bricks be included in select locations within the Meadowmont Lane median, as determined by the Town Manager.  All other paved areas shall be a hard permanent surface.

 

Barbee Chapel Road Extension:  That Barbee Chapel Road Extension be constructed within a 77 foot right-of-way and include two 12 foot wide travel lanes, one 12 foot wide center turn lane, two four foot wide on-street bicycle lanes, two five foot wide sidewalks, and two eight foot wide tree/lawn planters separating the sidewalks and on-street bicycle lanes.

Hilltop Collector Road:  That Hilltop Collector Road be constructed within a 73 foot right-of-way and include two 11 foot wide travel lanes, one 10 foot wide center turn lane, two four foot wide on-street bicycle lanes, two five foot wide sidewalks, and two eight foot wide tree/lawn planters separating the sidewalks and on-street bicycle lanes.

Pinehurst Drive Connection:  That the Meadowmont development build a street segment to connect to existing portions of Pinehurst Drive, including construction of physical features on this new street designed to slow and discourage through traffic; and that a traffic calming method for the Pinehurst Drive connection be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

That the construction  of the Pinehurst Drive connection be completed by the Town; accepted, and opened prior to:  the issuance of a certificate of occupancy for the proposed school or the issuance of the 201st residential building permit for a residential lot created by this Special Use Permit.

Pinehurst Drive Sidewalks:   That the developer construct sidewalks on both sides of Pinehurst Drive, both inside Meadowmont and the required newly built portion of Pinehurst outside Meadowmont.

Street Design Criteria:  That all streets within the development be constructed according to the Street Design Criteria, as included in the Meadowmont Design Guidelines and dated October 22, 1996.

 

            B.         Highway 54 Improvements:

 

Highway 54:  That Highway 54 be improved to a six-lane cross-section, with a landscaped center median, along the Meadowmont property frontage.

 

Landscaped Center Median:   That the center median along Highway 54 shall include landscaping as approved by the North Carolina Department of Transportation and the Town Manager.  Curb and gutter shall be provided along the Highway 54 median at the intersections with Meadowmont Lane, Barbee Chapel Road and Hilltop Collector Road, unless NCDOT determines that curb and gutter is required along the entire length of the median to accommodate plantings.

 

Westbound Turn Lanes:  That one westbound left-turn lane be provided to access Barbee Chapel Road.  That one westbound right-turn lane be provided to access Barbee Chapel Road Extension.  That one westbound right-turn lane be provided to access Meadowmont Lane.  That two left-turn lanes be provided to access Friday Lane.  That one westbound right turn lane be provided to access Hilltop Collector Road.  That one westbound left-turn lane be provided south of Hilltop Collector Road, to access future development south of Highway 54.

 

Curb and gutter improvements shall be subject to approval by the North Carolina Department of Transportation.

 

Eastbound Turn Lanes:  That one eastbound left-turn lane be provided to access Hilltop Collector Road.  That one eastbound right-turn lane be provided south of Hilltop Collector Road, to access future development south of Highway 54.  That two eastbound left-turn lanes be provided to access Meadowmont Lane.  That one eastbound right-turn lane be provided to access Friday Lane.  That one eastbound right-turn lane be provided to access Barbee Chapel Road.  That one eastbound left-turn lane be provided to access Barbee Chapel Road Extension. 

 

Traffic Signal Upgrades:  That traffic signal upgrades be installed, or a payment-in-lieu be provided, for the Highway 54 intersections with Meadowmont Lane and Barbee Chapel Road Extension.  All new and upgraded traffic signals must have hard wire connection to the Town’s computerized traffic signal system. 

 

That installation or a payment-in-lieu is provided for a traffic signal at the new intersection of Highway 54 and Hilltop Collector Road.

 

            C.        Other Internal Street Improvements:

 

Street standards:  That a set of street standards for the entire site be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Road Stub-Outs:  That each road stub-out to a subsequent phase be extended (cleared and graded) at least 100 feet into the next phase.  Signage shall be located at each roadway stub-out that indicates the roadway will be extended for future development.  The size, text, and color of the signs shall be subject to the Town Manager’s approval.

Driveways on Meadowmont Lane:  That driveways shall be minimized on Meadowmont Lane.  There shall be no more than one driveway cut per every two lots on Meadowmont Lane.  All homes on Meadowmont Lane shall be turnarounds to prevent the need to back into Meadowmont Lane.  In addition, alternative access shall be provided for the Wellness Center and grocery store, with no direct vehicular access onto Meadowmont Lane or the transit corridor.

Meadowmont Lane Turnaround:  That a turnaround of sufficient size for service vehicles, trucks, and buses be added to the end of Meadowmont Lane and to all streets terminating at the Lloyd property at the eastern property line.  The final design shall be subject to Town Manager approval.

 

Future Extension of Meadowmont Lane:  That a preliminary grading plan be provided for the future extension of Meadowmont Lane, to help determine the feasibility of a proposed alignment of Meadowmont Lane and for determination of right-of-way width.

Public Alleys:  That at the Final Plan stage, if necessary in some locations, the typical public alley section, and associated right-of-way, be adjusted for needed drainage improvements, to be determined by the Town Manager.

 

That all streets and alleys in each phase be constructed as specified in the street design chart prior to the first Certificate of Occupancy of that phase. 

 

“T” Turnaround:  That the right-of-way adjacent to lot 26 be extended so that a Town standard “T” turnaround can be constructed entirely within the right-of-way.

 

Driveway Easement:  That a driveway easement, rather than a public alley, be located along the southern edge of lot 279 to access lot 278.  This easement shall be part of lot 278.  Curbside refuse collection shall be required for lot 278.

 

            D.        Pedestrian Paths/Bicycle Paths/Greenways:

 

Highway 54 Bicycle/Pedestrian Path:  That an off-street bicycle/pedestrian path, at least 6-8 feet from the outside travel lane, be provided along the north side of Highway 54 along the property’s frontage and west to the Burningtree Drive intersection; and that the path be 10 feet wide unless otherwise determined by the Town Manager.

 

Path Design at Intersections:   That the off-street bicycle/pedestrian path along Highway 54 be designed so that the path is drawn closer to the Highway when approaching the intersections with Meadowmont Lane, Barbee Chapel Road and Hilltop Collector Road.

 

Highway 54 Pedestrian Tunnel:  That the North Carolina Department of Transportation review and approve the specifications for the below-grade pedestrian tunnel crossing Highway 54 prior to issuance of a Zoning Compliance Permit;  and that utility wiring be installed in this tunnel to allow future installation of a video monitoring system.

 

Highway 54 Pedestrian Waiting Areas:   That pedestrian waiting areas be provided within the Highway 54 median at locations to be approved by the Town Manager, subject to approval by the North Carolina Department of Transportation.

 

Meadowmont Lane Pedestrian Crossing:  That a special pedestrian crossing be provided on Meadowmont Lane at the intersection with Hilltop Collector Road, and that the design be approved by the North Carolina Department of Transportation and the Town Manager prior to issuance of a Zoning Compliance Permit.

 

Meadowmont Lane Pedestrian Signal:  That installation of or a payment-in-lieu be provided for a pedestrian activated signal, with hard wire connections to the Chapel Hill computerized traffic signal system, at the intersection of Meadowmont Lane and Hilltop Collector Road.  This signal shall be approved by the North Carolina Department of Transportation prior to installation.

 

Greenway:  That a 10 foot wide asphalt greenway trail be provided within a 34 foot wide public greenway easement, in the location indicated on the Site Plan.  The greenway easement shall be recorded at the Orange County Register of Deeds, and shall grant an easement in perpetuity to the Town of Chapel Hill.  The recorded easement shall include wording that guarantees public pedestrian, non-motorized vehicle, and motorized wheel chair access.  The easement must also guarantee the Town of Chapel Hill’s right to construct and maintain  the trail, allow for access of emergency vehicles, signage, removal of dangerous or diseased vegetation, or any other function necessary to guarantee public safety.  The recorded easement shall also include sketch maps indicating the location of the trail within the easement and nearby points of reference, such as public streets.

 

That the greenway trail shall be constructed to the standards for off-road bicycle trails, as specified in either the American Association of State Highway and Transportation Officials (AASHTO) Guide for the Development of Bicycle Facilities document, or the North Carolina Bicycle Facilities Planning and Design Guidelines which are current at the time of construction.

 

That all specifications for the greenway trail be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

That all areas along the greenway that are disturbed beyond five feet from the edge of pavement shall be replanted using native trees and shrubs.

 

            E.         Transit:

 

Transit Corridor:  That the 50-foot wide right-of-way for a future transit corridor be provided within a transit easement, and that this land be available for use by the Town of Chapel Hill and the Triangle Transit Authority as needed.

 

Transit Corridor Alignment:   That the transit corridor be re-aligned according to

the transit corridor alignment revision plan dated June 17, 1997. 

 

Bus Stops:  That an additional four (4) bus stops (for a total of eleven) be provided, or that payment-in-lieu of construction be provided,  which include shelters and benches at locations to be determined by the Town Manager. 

 

9.                 Lot Dedication: 

A.                That lot 259 be dedicated for use as an entrance drive for the Paul J. Rizzo Conference Center.

B.                That lot 320 be dedicated to OWASA for use as a sewage pump station site.

 

10.              Required Utility Related and Other Improvements:

 

            A.        Stormwater Runoff:

 

1.                 Stormwater from all streets and alleys shall be piped past the adjacent building sites and shall be contained in a minimum 30 foot wide storm drainage easements, unless the width is modified by the Town Manager; and, if necessary, the number or configuration of lots shall be adjusted accordingly.

2.                 A stormwater management plan, based on a 10-year storm, shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The post-development stormwater run-off rate shall not exceed the pre-development rate for all non-residential use.  Stormwater calculations should be determined using the Town’s HYDROS model.  All storm drainage facilities in the State right-of-way shall be designed for a 25-year storm.

3.                 Design and construction of any stormwater management facility shall be approved by the Town Manager.  All plans and final plats shall include dedication of permanent easements and construction of a paved or gravel drive for ingress/egress as necessary for construction, maintenance operations, and equipment.  The drive shall be in a location to be approved by the Town Manager.

 

            B.         Other Utilities:

 

1.                  That the Final Plans demonstrate there is no conflict between utility lines,  easements, and other site elements.

 

2.                 That preliminary utility extension plans for the entire Meadowmont site shall be reviewed and approved by OWASA as part of the Final Plans for the first phase of development.  Thereafter, prior to issuance of a Zoning Compliance Permit for any phase of development, OWASA and Town Manager approval of detailed phase-specific utility extension plans must be obtained.  The plans shall include water and sewer line construction proposed by the applicant off-site and on-site.

3.                 That the North Carolina Department of Transportation and Town Manager approve utility plans along State-maintained roadways.

4.                 That underground conduits be installed for future utilities and/or lighting in designated locations approved by the Town Manager.

5.                 That public water and sewer facilities be extended to the school/park site.

6.                 That empty duct banks for future street lights and signal cables be installed to and along this property’s frontage on Highway 54, if deemed necessary by the Town Manager.

 

11.              Ownership and Responsibilities of Common Areas:

 

            A.        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.  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 commonly owned development elements which affect the entire development, including the stormwater management facilities.

 

            B.         In addition, a 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 (or Durham 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 basins, and the landscape buffers.

 

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

 

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

 

12.              Design-Related Stipulations: 

 

A.                 The following revision shall be incorporated into the applicant’s Entranceway Corridor Design Guidelines document:  That the text under “North side of Highway 54” on page 2 be revised to include a note indicating that the Town Manager and the Appearance Commission will assist the applicant in determining and defining where and how breaks in the existing tree buffer can occur.

 

A revised copy of the Guidelines shall be submitted to the Town’s Planning Department, and shall supersede the original set of guidelines.  The revised guidelines must be received and approved by the Town Manager prior to issuance of a Zoning Compliance Permit for the first phase of development.  Subsequent revisions shall be approved by the Town Manager.

 

B.                 That all sidewalks within public rights-of-way shall be at least five feet in width.  Alternatively, the Town Manager may approve a narrower width in situations where there are topographical or other constraints.

C.                 That front yard driveways and parking areas shall be minimized for the lots fronting on Meadowmont Lane.  All such driveways and parking areas shall be subject to approval by the Town Manager.                                                      

D.                That the Design Guidelines include language to state an objective that all residential garage doors in the development will not face public streets, unless the Town Manager determines that no other reasonable alternative is available.   

13.              Review Process:  For development of Lots 65 - 80 and Lot 418 within this Special Use Permit, the following review processes apply:

            Residential:  Single-family development shall be approved by the Town Manager.

 

            Non-residential:  Non-residential development for these lots shall be approved by the Planning Board as Site Plan Review, with a limit of 5,000 square feet of non-residential floor area total.

 

14.       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.

 

That a note be included on the Final Plans and recorded on the final plat indicating that curbside refuse collection may be required for lots with steep slopes. 

 

15.       Encroachment Agreements:  That any required State or local encroachment agreements (for landscaping and other required improvements) be approved prior to issuance of a Zoning Compliance Permit.

 

Stipulations Related to the Resource Conservation District

 

16.              Boundaries:  That the boundaries of the Resource Conservation District be indicated on Final Plans.  A note shall be added to all final plats and plans, indicating that “Development shall be restricted within the Resource Conservation District in accordance with the Chapel Hill Development Ordinance.”

 

17.              Buildable Lots:  That no lot be created that would require a Resource Conservation District Variance in order to be built upon.

 

            In addition, for each lot it must be demonstrated that there is sufficient buildable area outside the Resource Conservation District, slopes of 25% or greater, water quality vegetated buffers, other required landscape buffers, easements, and any applicable building setback limits.

 

18.              Variances:  That all variances necessary for development within the Resource Conservation District be obtained before application for final plat or Final Plan approval for the subject phase(s) of development.

 

19.              Construction Standards:  That for encroachment(s) into the Resource Conservation District, the requirements and standards of subsections 5.6 and 5.8 of the Development Ordinance must be adhered to, unless the application is granted administrative exemptions from sub-section 5.8.  Permitted encroachments include, but are not limited to:

 

¨      Street crossings;

¨      Pedestrian/bicycle paths along and over the streams;

¨      Wet detention basin/stormwater management facilities;

¨      Utility lines; and

¨      Surface parking

 

Stipulations Related to State and Federal Approvals

 

20.              State or Federal Approvals:  That any required State or federal permits or encroachment agreements (including, but not limited to those needed for improvements to Meadowmont Lane, Highway 54, for pond and dam construction, for stormwater management and erosion control, for crossings over/under Highway 54, for disturbance related to the listed archaeological site, for water and sewer extension, and for development in the wetlands and Watershed Protection District) be approved by the appropriate agencies and copies of the approved permits and agreements be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit for the subject phase of development.

 

21.              NCDOT Approvals:  That plans for improvements to State-maintained roads, including landscaping and utility plans, be approved by NCDOT prior to issuance of a Zoning Compliance Permit for the subject phase of development.

 

Stipulations Related to Landscape Elements

 

22.              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.  The plan shall show the use of tree protection fencing, where determined to be necessary by the Town Manager, between infrastructure construction and existing vegetation in:

 

¨      All required buffers;

¨      All common areas (public or private);

¨      All areas designated to be used for non-residential development; and

¨      Other areas, to be determined by the Town Manager.

 

23.              Street Tree Plantings: 

 

A.                 That the applicant shall provide street tree plantings for public streets, with canopy trees to be planted 40-60 feet apart.  Locations shall include:

¨      at Entranceways on Highway 54;

¨      along entrance roads;

¨      in the parks, greens, and recreation areas;

¨      both sides of streets in the non-residential areas;

¨      both sides of Meadowmont Lane;

¨      both sides of Barbee Chapel Road Extension;

¨      both sides of streets abutting townhouse development; and

¨      at least one side of all other streets.

 

            Final plans for the development shall include a street tree plan developed in conjunction with local utility companies, and approved by the Town Manager, prior to issuance of a Zoning Compliance Permit.  Letters from utility companies specifically approving the street tree plans shall be required and, if necessary, utilities shall be relocated to permit planting of trees as proposed in the applicant’s conceptual street tree planting plan.  These trees shall be installed to Town standards as detailed in the Town’s Design Manual.

 

B.                 That all street tree plantings be linked to construction of the infrastructure associated with each phase of development, and are therefore the responsibility of the applicant.

 

C.                 That all street trees along public streets, adjacent to selected multi-family and commercial areas, be 3 ½ to 4 inch caliper when planted or as approved by the Town Manager.

 

24.              Landscape Plan Approval:  That detailed landscape plans (including buffers and street tree plantings), landscape maintenance plans, and lighting plans be approved by the Town Manager  and the Appearance Commission prior to issuance of a Zoning Compliance Permit.

25.              Plantings Along Highway 54 Frontage:  That plantings be provided, meadows be restored and existing vegetation preserved along the Highway frontage in general compliance with the Town’s Master Landscape Plan for Entranceway Corridors along Highway 54.  A streetscape plan, demonstrating compliance with the Master Landscape Plan for Entranceway Corridors, shall be submitted for Town Manager and Appearance Commission review and approval.  A phasing plan for plant installation shall be included with this plan.  Planting plans for trees along Highway 54 shall also be subject to approval by the North Carolina Department of Transportation.

 

26.              Landscaping Buffers:

 

            A.        The following buffers shall 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:

 

¨      Buffer Area D (minimum width 50 feet) along north side of Highway 54 west of Hilltop Collector Road,

¨      Buffer Area E (minimum width 50 feet) along north side of Highway 54 in front of Parcel 10A,

¨      Buffer Area F (minimum width 500 feet) along north side of Highway 54 within the main meadow,

¨      Buffer Area G (minimum width 200 feet) along north side of Highway 54 in front of western portion of the Village Center development,

¨      Buffer Area H (minimum width 200 feet) along north side of Highway 54 in front of eastern portion of the Village Center development,

¨      Buffer Area H (minimum width 200 feet) along north side of Highway 54 in front of western portion of Apartments development,

¨      Buffer Area I (minimum width 50 feet) along north side of Highway 54 in front of eastern portion of Apartments development,

¨      Buffer Area I (minimum width 50 feet) along north side of Highway 54 east of Barbee Chapel Road Extension,

¨      Buffer Area M (minimum width 20 feet) along eastern Meadowmont property line between Highway 54 and transit corridor right-of-way,

¨      Buffer Area M (minimum width 20 feet) along western Meadowmont property line between Highway 54 and southern portion of lot 14,

¨      Buffer Area O (minimum width 15 feet) along northern property lines of lots 347, 348 and 219,

¨      Buffer Area O (minimum width 15 feet) along northern property lines of lots 220 and 231 through 238,

¨      Buffer Area O (minimum width 15 feet) along western property lines of lots 241 and 242,

¨      Buffer Area P (zero buffer) along western Meadowmont property line between lot 14 and western corner of lot 347,

¨      Buffer Area P (zero buffer) along northern property line of lot 242 and 243.

            B.         No ponds and no construction, other than perpendicular utility lines and road crossings, shall occur in the landscape buffers.

            C.        Supplemental plantings may be necessary to fulfill the requirements for buffers, screening, and entranceway plantings.

 

D.                The landscape buffers shall not be located on private individual lots, but shall be on land owned and maintained by the Homeowners’ Association.

E.                 That a plan for thinning hedgerows along Highway 54 be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

27.              Landscaping Around Permanent Detention Ponds:  That landscaping approved by the Town Manager shall be provided around the permanent detention ponds, and that such landscaping shall be in accordance with local and State watershed protection regulations.

 

Stipulations Related to Water, Sewer, and Other Utilities

 

28.              Fireflow:  That a detailed hydrant plan and fireflow report, certified by an engineer registered in North Carolina, shall be required prior to the issuance of a Zoning Compliance Permit.  The following flow and pressure shall be provided:

 

¨      For non-residential: 2,500 - 12,000 gallons per minute, at 20 pound per square inch residual pressure;

¨      For multi-family:  1,500 - 2,500 gallons per minute, at 20 pounds per square inch residual pressure; and

¨      For single-family:  A minimum of 750 gallons per minute, at 20 pounds per square inch residual pressure.

 

29.             Utility/Lighting Plan Approval:  That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, Time Warner Cable, Public Service Company, BellSouth or GTE, and the Town Manager before issuance of a Zoning Compliance Permit.  The property owner shall be responsible for assuring that these utilities, including cable television, are extended to serve the development.

30.              Utility Service Laterals:  That prior to paving streets, utility service laterals (including cable and telephone) shall be stubbed out to the front property lines of each lot.  Sanitary sewer laterals shall be capped off above ground.

31.              Mix of Uses:  That the initial phase of development proposing buildings on the Meadowmont site include a mix of residential and commercial uses.

 

Miscellaneous Stipulations

 

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 issuance of a Zoning Compliance Permit.

 

That a Conceptual Solid Waste Management Plan and the methods for providing recycling services to all proposed uses, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

33.              Detailed Plans:

 

            A.        That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), landscape plans, and landscape maintenance plans be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable regulations and the design standards of the Development Ordinance and the Design Manual.

 

The Town Manager may require adjustments to the street design to enhance safety and maintenance operations.

B.                That a Streetlighting Plan be developed in cooperation with Duke Power Company and submitted to the Town for approval prior to issuance of a Zoning Compliance Permit, and that this plan reflect the hierarchy of streets within the development.

C.                 That a street sign, on-street parking, and pavement marking plan be provided for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.  All pavement markings shall be thermoplastic. The signs and pavement markings shall be installed by the applicant prior to issuance of a Certificate of Occupancy. 

D.                 The applicant shall be responsible for assuring that all utilities, including cable television, be extended to serve the development.

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

 

            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; and 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 plats.

 

35.              Sight Triangle Easements:  That sight triangle easements be provided on the final plat.

36.              New Streets - Traffic Signs:  That the property owners shall be responsible for placement and maintenance of temporary regulatory signs, including street name signs, before issuance of any Certificates of Occupancy until such time that the street system is accepted for maintenance by the Town.

 

37.              New Street Names and Numbers:  That the name of the development and its streets and house/building numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

38.              Erosion Control:  That a general soil erosion and sedimentation control plan for the development be reviewed by the Orange County or Durham County Erosion Control Officer with the review of the Final Plans for the first phase of development.

 

            A phase-specific detailed erosion control plan shall be submitted with each Final Plan application for review and approval by the Orange County or Durham County Erosion Control Officer.

39.              Soils Exploration:  That the applicant conduct soils exploration to determine special pavement and sub-surface drainage design for some sections of roadway.  The pavement and drainage designs must be approved by the Town Manager and shall include supporting technical data.  A note shall be included on the plans indicating that during the review of Final Plans, the Town may require these special measures, including replacement of base materials, subsurface drainage systems and heavy duty pavement sections.

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

41.              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 prior to issuance of a Zoning Compliance Permit.

 

42.              Construction Management Plan:  That a Construction Management Plan, indicating how construction vehicle traffic will be managed, 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 within the area bounded by Ephesus Church Road, George King Road, NC Highway 54, and Fordham Boulevard.

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

 

44.              Non-Severability:  That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

 

BE IT FURTHER RESOLVED that the Council hereby approves the Special Use Permit for the Infrastructure Plan of the Meadowmont Development.

 

This the 3rd day of July, 1997.

 

COUNCIL MEMBER PAVAO MOVED THE ADOPTION OF RESOLUTION 22A,  REGARDING THE  SCHOOL AND PARK SITE. COUNCIL MEMBER EVANS SECONDED THE MOTION.

 

Council Member Pavao said it was his desire for the developer to build a total of five fields.  He said that this was a strong suggestion, rather than a specific request for a stipulation of approval.  Mr. Perry responded by noting that the size of the school site had been increased by six acres and that he had agreed to build three fields, with the school district constructing a fourth field.  He noted that as a courtesy to nearby residents, lights would not be included at the playing fields.  Chapel Hill-Carrboro School Board Member Nick Didow said although lighting was not necessary to make the fields viable for school use, the lights would enhance the field’s use for the community in general.

 

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO PROHIBIT ANY OF THE PLAYING FIELDS BEING LOCATED IN THE FLOWAGE EASEMENT, REDUCING THE NUMBER OF PLAYING FIELDS FROM FOUR TO THREE.

 

Council Member Brown requested clarification of the Resource Conservation District’s boundaries. Mr. Waldon displayed a diagram depicting the boundaries of the Resource Conservation District, the flowage easement, and the school site.  He stated that of the seventy acres which were to be the park site, 69 acres were located in the Resource Conservation District. He also noted that of the 22 acres of  the school site, 7 ¾ were in the Resource Conservation District.  Council Brown inquired about  the average acreage needed for a school site.  Mr. Didow responded that the recommended size for a middle school was 22 acres, but the proximity of the Town Park made it possible to reduce the acreage for the school site, if necessary.


 

Mayor Waldorf  inquired whether the boundaries of the flowage easement were created based on jurisdictional issues or true topographical information.  Mr. Waldon said that the boundaries were based on elevations taken by the Army Corps of Engineers to create a water storage area in case of an extreme flooding event.

 

Council Member Pavao added that the Corps of Engineers had permitted the building of the fields in this area as long as fill was not brought in that would change the water storage capacity.

 

Mayor Pro-tem Brown asked whether it would be necessary to designate another area to compensate for the field being constructed in this area.  Mr. Waldon said this would not be necessary.   Noting that the Corps of Engineers was doing a large study of this area, Council Member Brown asked whether the results of the study could change their assessment of the placement of the playing fields.  Mr. Horton said the study might change the boundaries of the Resource Conservation District, but not the flowage easement.

 

Council Member Andresen agreed that although the construction of the fields might not harm the water storage capacity, the natural beauty of the area would certainly be lost.

 

Council Member Wiggins stated that the Council needed to consider a balanced view.   Council Member Wiggins said that there were many people in the area who had been asking for soccer fields for a long time.  Council Member Pavao added that the need had been clear ten years ago, and that there were still no community soccer fields.   He said that the only ones in the works at this time were two fields proposed for the future Northern Community Park. Council Member Andresen said although she agreed with the need for fields, they should be located in a higher and drier location.

 

Council Member Brown stated that although overall human needs were very important, living in a completely man-made world and disassociating ourselves from the natural world around us was also a detriment to the human spirit and needed to be taken into account in the Council’s decision making process.

 

Council Member Capowski brought up the possible issue of the park and school site being located adjacent to a game reserve, possibly involving duck hunting nearby.  Mr. Perry stated that the gameland reserve was located much further south and east of the proposed site.

 

Council Member Wiggins inquired about the amount of land required for a soccer field and the proportion of disturbed area to total area in the flowage easement and the Resource Conservation District.  Mr. Waldon said the soccer fields would take up about one acre of the seventy acre park site, with sixty-two acres of these acres being part of the flowage easement.

 

Council Member Evans said that she supported the need for more community soccer fields, especially in light of only two acres out of sixty-two acres being disturbed.  Council Member Evans said she felt that the Council was supporting a balanced view of the human needs versus the environmental concerns.

 

Council Member Pavao said that he also supported the playing fields.  He said that the Town should not pass up the opportunity being presented by the applicant.

 

THE MOTION TO REDUCE THE NUMBER OF PLAYING FIELDS FROM FOUR TO THREE FAILED BY A VOTE OF 4-5, WITH COUNCIL MEMBERS ANDRESEN, BROWN, CHILTON AND FRANCK VOTING YES AND MAYOR WALDORF AND COUNCIL MEMBERS CAPOWSKI, EVANS, PAVAO AND WIGGINS VOTING NO.

 

Council Member Andresen suggested amending the resolution in the event that the Orange County Commissioners decided not to approve a school for on the proposed site.  She said that the Town could own the site and the fields would be built in any event.  Mr. Perry offered to build the three fields if the school was not built, with the remaining land used for single-family lots.   Mr. Karpinos said he could draft language regarding this proposed amendment. The amendment was accepted as friendly.  Mr. Perry offered to build a fourth playing field.

 

Council Member Capowski requested clarification regarding lighting of  the playing fields.  Mr. Horton said although the developer would not be installing lights, the Town could install them if they wished, at the Town’s expense.

 

Council Member Andresen inquired about the trail and boardwalk to be constructed in the park area. Mr. Horton responded that, at this time, there was only a general depiction, not a final plan. He said that this depiction described a maintainable natural foot trail, where the land was high and dry enough, and a boardwalk in the wetter, more sensitive areas of the park.

 

Mayor Pro-tem Brown expressed her opposition to the proposed park because of the unsuitable site.

 

THE MAIN MOTION, REGARDING THE PARK AND SCHOOL SITE, WAS ADOPTED BY A VOTE OF 6-3, WITH MAYOR WALDORF AND COUNCIL MEMBERS CHILTON, EVANS, FRANCK, PAVAO AND WIGGINS VOTING YES AND COUNCIL MEMBERS ANDRESEN, BROWN AND CAPOWSKI VOTING NO.

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE MEADOWMONT PARK AND SCHOOL SITE  (97-6-23/R-22a)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit - (Planned Development Mixed Use) proposed by East West Partners Management Company, Inc., on property identified as part of Orange County, Chapel Hill Township, Tax Map 52, Lot 6, and part of Durham County, Triangle Township, Tax Map 479, Block 1, Lot 1B; if developed according to the Site Plan, dated November 7, 1996 and revised on April 14, 1997, the general principles outlined in the Design Guidelines and the Design Guidelines, Plans and Details, and the conditions listed below:

 

1.                  Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

 

2.                  Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Article 12, 13, 14, and 18, and with all other applicable regulations;

 

3.                  Would be located, designed, and operated so as to maintain or enhance the value of contiguous property; and

 

4.                  Would conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

 

These findings are conditioned on the following:

 

Stipulations Specific to the Development

 

1.                  Construction Deadline:  That construction begin by July 3, 2002 (five years from the date of Council approval) and be completed by July 3, 2007  (ten years from the date of Council approval).

 

2.                  Land Use Intensity: 

 

A.        This Special Use Permit approves:

 

·      Gross Land Area:    92.04 acres

·      Proposed Buildings: One New Restroom Facility and an existing Cabin

·      Number of Parking Spaces:  149

·      3 2 soccer/football fields

·      1 softball field

·      1 outdoor basketball court

·      picnic area with shelter

·      pedestrian/hiking trails, including 3 pedestrian bridges

·      bicycle trail

·      compost/yard waste site

 

B.         The boundary covered by this Special Use Permit shall be that shown on plans                  dated June 17, 1997.

 

C.                Three playing fields shall be constructed as part of this Special Use Permit,

 including all fields that are to be on the Town Park site.

D.                The basketball facility shall be enlarged to include a minimum of at least

six backboards and goals.

 

3.                 Location of Large Parking Lot and Upper Soccer Field:  The exact location of the large parking lot and the soccer field closest to Meadowmont Lane shall be determined in coordination with the Town Manager and the Chapel Hill-Carrboro City Schools.

 

4.                 Compost/Yard Waste Area Entrance:  That the center of the entranceway to the compost/ yard waste area be shifted to a point 40-50 feet further east of the proposed entrance, subject to Town Manager approval.

 

5.                 Heavy-Duty Pavement for Access to Compost/Yard Waste Area:  That a heavier-duty pavement surface be utilized for the access roadway leading to the compost/yard waste site and the entrance apron for this site, subject to Town Manager approval.

 

6.                 Restroom Facility:  That a small restroom facility shall be located on the Park site, and shall be connected to public water and sewer. 

 

7.                 Softball Field:  That the outfield margin for the ballfield be expanded to at least 240 feet.

 

8.                 Soccer Fields:  That the recreation fields be graded, in a manner to facilitate drainage in order to be suitable for regular recreational use, with designs to be approved by the Town Manager.

 

9.                 Bollards on Bicycle Trail:  That bollards be installed at the entrance of the bicycle trail (at least one shall be lockable) in order to prevent vehicular access. 

 

10.             Bicycle Access Easement:  That a public access easement be dedicated to the Town for the bicycle trail at all locations where the trail is deeded to other entities (examples - Homeowners Association, School Board).

 

11.             Nature Trail Boardwalk Sections:  That the developer provide boardwalk sections for the nature trail as determined to be needed by the Town Manager. 

 

12.             Nature Trail to Lancaster Drive:  That the nature trail built by the developer be continued to connect to Lancaster Drive.

 

13.             Certification of Dam:  Certification shall be provided, for Town Manager approval, that the dam is safe.  In the event that any improvements are needed to guarantee the Town such assurance, the developer shall be responsible for such improvements.

 

14.             Phasing of Park Site and Compost/Yard Waste Area:  The Park site, including the compost/yard waste site, shall be developed by the developer with the first phase of the Meadowmont Development or a surety guarantee shall be provided in an amount to cover costs of building the park, the compost/yard waste area and access roads to the park.

 

15.             Dedication of Park and School:  That the entire 92.04 acre Park and School site shall be deeded to the Town.  The Town shall then subsequently coordinate deeding of land for the school site to the Chapel Hill-Carrboro City Schools.  22 of the acres are to be reserved as a future school site, with playing fields.  The deed shall provide that if the School Board does not commit within six years of the date of approval of this Special Use Permit to build a school, and within eight years to receive a Special Use Permit for construction of a school on this site, title to the property shall revert to the current owner except for land reserved for playing fields.

 

16.             Other Water Resources Protection Regulations:

 

A.                That the applicant submit final plans which show the location of State or federally regulated wetlands on the site.

 

B.                That any proposed disturbance of wetlands shall demonstrate compliance with applicable State and federal regulations.

 

17.       Required Transportation Related Improvements:

 

            A.        Construction of Meadowmont Lane:  That one-half of Meadowmont Lane, with a 32-foot back-of-curb to back-of-curb pavement, be constructed from Highway 54 to the  Paul J. Rizzo Conference Center entrance drive.  That the entire cross-section of Meadowmont Lane, with a 37-foot back-of-curb to back-of-curb pavement, be constructed from the Paul J. Rizzo Conference Center entrance drive to the entrance drive to the Park site, prior to the issuance of a Certificate of Occupancy for the Park and School site.

 

            B.        Meadowmont Lane Right-of-Way:  Additional right-of-way shall be dedicated on Meadowmont Lane to ensure adequate right-of-way for future potential construction of a left-turn lane into the School/Park site.

 

            C.        Bicycle Path:  A ten-foot wide paved bicycle trail, as indicated on the plans, shall begin at the lower smaller parking lot. 


 

18.       Required Utility Related and Other Improvements:

 

            A.        Stormwater Runoff:

 

                        1.         A stormwater management plan, based on a 10-year storm, shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The post-development stormwater run-off rate shall not exceed the pre-development rate for all non-residential use.  Stormwater calculations should be determined using the Town’s HYDROS model.

 

            B.         Other Utilities:

 

                        1.         That the final plans demonstrate there is no conflict between utility lines, easements, and other site elements.

 

                        2.         Detailed phase-specific utility extension plans shall be reviewed for approval by OWASA and the Town Manager.  These plans shall include water and sewer line construction both off-site and on-site.

           

19.       Steep Slopes:  That each submittal for final plan approval shall include a map showing development 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.

 

20.       Encroachment Agreements:  That any required State or local encroachment agreements (for landscaping and other required improvements) be approved prior to issuance of a Zoning Compliance Permit.

 

Stipulations Related to the Resource Conservation District

 

21.       Boundaries:  That the boundaries of the Resource Conservation District be indicated on final plans.  A note shall be added to all final plats and plans, indicating that “Development shall be restricted within the Resource Conservation District in accordance with the Chapel Hill Development Ordinance.”

 

22.       Variances:  That all variances necessary for development within the Resource Conservation District be obtained before application for final plat or final plan approval for the subject phase(s) of development.

 

23.       Construction Standards:  That for encroachment(s) into the Resource Conservation District, the requirements and standards of subsections 5.6 and 5.8 of the Development Ordinance must be adhered to, unless the application is granted administrative exemptions from sub-section 5.8.  Permitted encroachments include, but are not limited to:

 

                        -  Street crossings;

                        -  Pedestrian/bicycle paths along and over the streams;

                        -  Compost/yard waste sites;

                        -  Wet detention basin/stormwater management facilities;

                        -  Utility lines; and

                        -  Surface Parking.

 

Stipulations Related to State and Federal Approvals

 

24.       State or Federal Approvals:  That any required State or federal permits or encroachment agreements (including, but not limited to those needed for improvements to Meadowmont Lane, Highway 54, for pond and dam construction, for stormwater management and erosion control, for crossings over/under Highway 54, for disturbance related to the listed archaeological site, for water and sewer extension, and for development in the wetlands and Watershed Protection District) be approved by the appropriate agencies and copies of the approved permits and agreements be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit for the subject phase of development.

 

            Documentation shall be provided to indicate that all facilities located in the United States Army Corps of Engineers’ Flowage Easement have been approved by the United States Army Corps of Engineers.

 

25.       NCDOT Approvals:  That plans for improvements to State-maintained roads be approved by NCDOT prior to issuance of a Zoning Compliance Permit for the subject phase of development.

 

Stipulations Related to Landscape Elements

 

26.       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.  The plan shall show the use of tree protection fencing, unless alternate protection measures are approved by the Town Manager, between heavy  construction and existing vegetation as approved by the Town Manager.

 

27.       Street Tree Plantings: 

 

            A.        That the developer shall provide street tree plantings for public streets with canopy trees to be planted 40-60 feet apart.  Locations shall include:

 

·                    at Entranceways on Highway 54;

·                    along entrance roads;

·                    in the parks, greens and recreation areas;

·                    both sides of streets in the non-residential areas;

·                    both sides of Meadowmont Lane;

·                    both sides of Barbee Chapel Road Extension;

·                    both sides of streets abutting townhouse development; and       

·                    at least one side of all other streets.

 

                        Final plans for the development shall include a street tree plan developed in conjunction with local utility companies, and approved by the Town Manager, prior to issuance of a Zoning Compliance Permit.  Letters from utility companies specifically approving the street tree plans shall be required and, if necessary, utilities shall be relocated to permit planting of trees as proposed in the applicant’s conceptual street tree planting plan.  These trees shall be installed to Town standards as detailed in the Town’s Design Manual.

 

B.                That all street tree plantings be linked to construction of the infrastructure associated with each phase of development, and are therefore the responsibility of the applicant.

 

C.                That all street trees on public streets adjacent to selected multi-family and commercial areas as determined by the Town Manager be approximately 3½ to 4 inch caliper when planted, or as approved by the Town Manager.

 

28.       Landscape Plan Approval:  That detailed landscape plans (including buffers and street tree plantings), landscape maintenance plans, and lighting plans be approved by the Town Manager  and the Appearance Commission prior to issuance of a Zoning Compliance Permit.

 

Stipulation Related to Building Elevations

 

29.       Building Elevations:  That detailed building elevations be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.

 

Stipulations Related to Water, Sewer, and Other Utilities

 

30.       Fireflow: That a detailed hydrant plan and fireflow report, certified by an engineer registered in North Carolina, shall be required prior to the issuance of a Zoning Compliance Permit. 

 

31.       Utility/Lighting Plan Approval:  That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, and the Town Manager before issuance of a Zoning Compliance Permit.  The property owner shall be responsible for assuring that these utilities, are extended to serve the development.

 

32.       OWASA Easements:  That easement documents as required by OWASA and the Town Manager be recorded before final plat approval.

 

Miscellaneous Stipulations

 

33.       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 issuance of a Zoning Compliance Permit.

 

34.       Detailed Plans:

 

            A.        That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), landscape plans, and landscape maintenance plans be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable regulations and the design standards of the Development Ordinance and the Design Manual.

 

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

 

            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; and 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 plats.

 

36.       Sight Triangle Easements:  That sight triangle easements be provided on the final plat.

 

37.       New Streets - Traffic Signs:  That the property owners shall be responsible for placement and maintenance of temporary regulatory signs, including street name signs, before issuance of any Certificates of Occupancy until such time that the street system is accepted for maintenance by the Town.

 

38.       Erosion Control:  That a general soil erosion and sedimentation control plan for the development be reviewed by the Durham County and Orange County Erosion Control Officers with the review of the final plans for the first phase of development.

           

            A phase-specific detailed erosion control plan shall be submitted with each final plan application for review and approval by the Durham County and Orange County Erosion Control Officers.

 

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

 

40.       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 prior to issuance of a Zoning Compliance Permit.

 

41.       Energy Management:   That an Energy Management program, generally consistent with

            guidelines submitted by the applicant, 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.

 

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

 

43.       Non-Severability:  That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

 

BE IT FURTHER RESOLVED that the Council hereby approves the Special Use Permit for the Park/School Site at the Meadowmont Development.

 

This the ­­­23rd day of June, 1997.

 

Mayor Waldorf acknowledged the Council and other participants for carrying out a civilized procedure when the content was controversial and opinions ran very strong.

 

The meeting concluded at 10:03 p.m.