A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE OWASA PUMP STATION (2005-06-15/R-19a)

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Philip Post of Philip Post & Associates for the OWASA Pump Station on property identified as Durham County Tax Map 478, Block 1, Lot 6 (PIN 070901191301) if developed according to the site plans dated October 1, 2004, revised March 11, 2005, 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 Land Use Management Ordinance;

 

3.      Would continue a use and development that constitutes a public necessity; and 

 

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

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for the OWASA Pump Station in accordance with the plans listed above and with the conditions listed below:

 

Stipulations Specific to the Development

                                                                       

  1. That construction begin by June 15, 2007 (two years from approval date) and be completed by June 15, 2008 (three years from approval date).

 

Stipulations Related to Transportation Issues

 

  1. Ingress/Egress Access Easement: That the Town Manager approve an access easement for ingress and egress to the site from Old Chapel Hill Road, to be recorded prior to the issuance of a Zoning Compliance Permit.

 

  1. Traffic and Pedestrian Control Plan: That a Traffic Management Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction, including detour information and a pedestrian management plan indicating how pedestrian movements will be safely maintained shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

  1. Gravel Walkway:  That the gravel area along the frontage of the site be maintained as a pedestrian walkway until such time as a more permanent sidewalk is installed; Final Plans subject to review and approved by the Town Manager.

 

Stipulations Related to Landscaping and Architectural Issues

 

  1. Required Buffers: That the following landscape buffers 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:

 

Required Landscape Buffers

Location

Required Buffers

Southern Property Line

(Old Chapel Hill Road frontage)

20 ft. Type ‘C’ Buffer

Eastern Property Line

(Interstate 40 frontage)

100 ft. Type ‘E’ Buffer

 

  1. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating significant tree stands, detail of protective fencing and construction parking and materials staging/storage areas, and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

  1. Parking Lot Landscape Screening: That all parking areas shall be screened from view in accordance with the provisions of Article 5.6 of the Land Use Management Ordinance. The landscape screening plans shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

  1. Landscape Plan and Landscape Maintenance Plan: That a detailed Landscape Plan including a Landscape Maintenance Plan, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The landscape plan shall indicate the size, type, and location of all proposed plantings as well as the limits of land disturbance and tree protection fencing.

 

  1. Building Elevations: That the Community Design Commission approve building elevations for this project, prior to issuance of a Zoning Compliance Permit. The height of the building shall meet the 29’ ordinance requirement.

 

  1. Lighting Plan: That the Community Design Commission approve a lighting plan for this project prior to issuance of a Zoning Compliance Permit. The Community Design Commission shall take additional care during review to ensure that the proposed lighting plan will minimize 1) upward light pollution and 2) offsite spillage of light.

 

Stipulations Related to Environmental Issues

 

  1. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager. The plan shall include low-impact stormwater management solutions and best management practices, such as bio-retention, pervious pavements, underground storage, infiltration trenches, vegetative swales and similar techniques.

 

The plan shall be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate and the post-development stormwater runoff volume shall not exceed the pre-development volume for the local 2-year frequency, 24-hour duration storm event. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.

 

  1. Storm Drainageway Easement: That all stormwater management improvements, outside public right-of-way, shall be located inside reserved storm drainageway easements, per Town guidelines, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

  1. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.

 

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

 

  1. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for monitoring and maintenance of facilities and modifications of the plan if necessary, be approved by the County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. That a performance guarantee shall be provided, if more than one acre of land is disturbed, in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.

 

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

 

Stipulations Related to Utility and Service Issues

 

  1. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, and for managing and minimizing construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

  1. Overhead Obstruction/Utility Lines: That the final plans included details verifying that no overhead obstruction or utility wires will interfere with service vehicle access or operation.

 

  1. Utility Plan Approval: That the final Utility Plan be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth, and the Town Manager prior to issuance of a Zoning Compliance Permit.

 

  1. Utility Line Placement: That all new utility lines shall be placed underground. The applicant shall indicate proposed off-site utility line routing and upgrades required to service the site on Final Plans, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

  1. Landscape Encroachment Agreements: The applicant will need to obtain encroachment agreements from Duke Power Company and from NCDOT, for the portions of landscaping proposed within the utility easement and right-of-way. 

 

  1. Fire Flow: That a fire flow report for all new construction, shall be prepared and sealed by a registered professional engineer, which demonstrates that flows meet the minimum requirements of the Town Design Manual, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

 

Stipulations Related to Miscellaneous Issues

 

  1. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle traffic will be managed, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

  1. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.

 

  1. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Land Use Management Ordinance and the Design Manual.

 

  1. As-Built Plans: That as-built plans in DXF binary format using State plane coordinates, shall be provided for street improvements and all other existing or proposed impervious surfaces prior to issuance of the Certificate of Occupancy.

 

  1. Construction Sign: That the applicant shall post a construction sign that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Building Permit, prior to the commencement of any land disturbing activities. The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.

 

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

 

  1. 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 by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit application for OWASA I-40 Pump Station in accordance with the plans and conditions listed above.

 

This is the 15th day of June, 2005.