A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR RUSCH HOLLOW (2006-06-26/R-23a)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR RUSCH HOLLOW (2006-06-26/R-23a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Habitat for Humanity Orange County Inc. on property identified as Chapel Hill Township Tax Map 23, Block D, part of Lot 17, (PIN 9870536626) if developed according to the site plan dated March 15, 2006 and 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 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 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 Modification for Rusch Hollow in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. That construction begin by June 26, 2008 and be completed by June 26, 2009.

2. Relationship to September 15, 2003 Special Use Permit: This approval modifies the terms of the Rusch Hollow Special Use Permit approved by the Town Council on September 15, 2003. Except as specifically authorized or modified by this document, the terms and conditions of the September 15, 2003 Rusch Hollow Special Use Permit, as adopted by the Council, remain in effect.

3. Land Use Intensity: This Special Use Permit Modification authorizes the addition of 10,431 square feet of land area to the Rusch Hollow Special Use Permit boundary identified as Lot 3B as shown on the Proposed Recombination Plat Lot 3 Rusch Hollow & Lot 3, Block A, “Property of Roberts Construction Company” dated February 13, 2006, and on file at the Chapel Hill Planning Department.

4. Recombination Plat: That prior to the issuance of a Zoning Compliance Permit, the Town Manager shall review and approve a recombination plat as shown on the Proposed Recombination Plat Lot 3 Rusch Hollow & Lot 3, Block A, “Property of Roberts Construction Company” dated February 13, 2006.

5. Affordable Housing: That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide, for Town Manager review and approval, deed restrictions guaranteeing the affordability component of the development. The deed restrictions must, at a minimum:

a. Provide three rental units on Lot 3 for households at or below 50% of area median income, ensuring that they remain affordable over a 99 year period; and

b. That these restrictions shall be recorded and cross referenced on the final plat.

Miscellaneous Stipulations

6. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant shall submit revised Stormwater Management calculation for review and approval by the Town Manager.

Stipulations Related to Utility and Service Issues

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

8. 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 Modification application for Rusch Hollow in accordance with the plans and conditions listed above.

This the 26^th day of June, 2006.