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HomeMy WebLinkAboutORD-2007-035 - Chapel Hill Joint Planning Transition Area Zoning Atlas Amendment – Homestead Twin Towns -JPA-CH-Z-1-07 ORANGE COUNTY 11/' BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 26, 2007 Action Agenda Item No. 4-v SUBJECT: Chapel Hill Joint Planning Transition Area Zoning Atlas Amendment - Homestead Twin Towns (JPA-CH-Z-1-07) DEPARTMENT: Planning PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 1. DRAFT JPA Public Hearing Minutes INFORMATION CONTACT: 2. Chapel Hill Rezoning Resolution of Approval Craig Benedict, Planning Dir, 245-2592 3. Chapel Hill Special Use Permit Resolution of Gene Bell, Planner III, 245-2589 Approval 4. Resolution Amending JPA Zoning Atlas PURPOSE: To consider approval of a petition presented at the April 26, 2007 Joint Planning Area Public Hearing to rezone 21.5 acres at the southwest corner of Homestead Road and Seawell School Road. BACKGROUND: The Town of Chapel Hill received an application from Capkov Ventures, Inc. to rezone 21.5 acres of land located at the southwest corner of Homestead Road and Seawell School Road in the Chapel Hill Joint Planning Transition Area. The site is identified as being all or a portion of Orange County Parcel Identifier Numbers 9870-71-3194, 9870-70-1770, 9870- 61-8593, and 9870-61-8194. The applicant requested that the site be rezoned from Chapel Hill R-2 to the Chapel Hill R-4- Conditional (R-4-C) zoning district. The existing R-2 zoning allows a maximum density of approximately four units per acre or 86 units and 66,864 square feet of floor area. The Joint Planning Land Use Plan, as amended, designates this area as "Low Residential" (one-to-four units per acre). The applicant proposes 72 units (approximately 3.3 units per acre) for the site, which meets R-2 density requirements, but proposed floor area exceeds R-2 limitations. A conditional use rezoning request is a proposal to allow development and uses only with (1) specific limitations, and (2) the approval of a Special Use Permit. The Homestead Twin Towns rezoning application is a conditional use rezoning request. Consequently, if the request is approved, the applicant will still need to receive approval for a Special Use Permit application from the Town of Chapel Hill consistent with the conditional 2 rezoning (which can limit total units and density), prior to the proposed development actually occurring on the site. Two members of the public spoke at the public hearing. Their comments are contained in the DRAFT minutes, which are attached. The Chapel Hill Town Council met on May 21, 2007 and voted unanimously to approve the rezoning and special use permit. Resolutions of adoption for the rezoning and special use permit are attached. The Orange County Planning Board considered this item on June 6, 2007 and voted unanimously to recommend approval. FINANCIAL IMPACT: There is no County financial impact associated with considering a rezoning for the property. RECOMMENDATION(S): The Administration recommends approval of the proposed rezoning from Chapel Hill R-2 to the Chapel Hill R-4-C zoning district. DRAFT MINUTES-NOT APPROVED YET 3 1 DRAFT 2 MINUTES 3 ORANGE COUNTY BOARD OF COMMISSIONERS 4 CARRBORO BOARD OF ALDERMEN 5 CHAPEL HILL TOWN COUNCIL 6 JPA PUBLIC HEARING 7 April 26, 2007 8 7:30 p.m. 9 10 11 The Orange County Board of Commissioners met in joint session with the Chapel Hill 12 Town Council on Thursday, April 26, 2007 at 7:30 p.m. at the Southern Human Services Center 13 in Chapel Hill, North Carolina for the purpose of holding a Joint Planning Area Public Hearing. 14 15 COUNTY COMMISSIONERS PRESENT: Commissioners Valerie Foushee, Alice M. 16 Gordon, and Barry Jacobs 17 COUNTY COMMISSIONERS ABSENT: Chair Moses Carey, Jr. and Mike Nelson 18 COUNTY ATTORNEY PRESENT: Brian Ferrell and Geof Gledhill 19 COUNTY STAFF PRESENT: County Manager Laura Blackmon and Clerk to the Board 20 Donna S. Baker(All other staff members will be identified appropriately below) 21 TOWN OF CHAPEL HILL COUNCIL MEMBERS PRESENT: Mayor Kevin C. Foy and 22 Council Members Bill Strom, Sally Greene, Ed Harrison, Cam Hill, Jim Ward, Mark 23 Kleinschmidt, and Lauren Easthom 24 TOWN OF CHAPEL HILL COUNCIL MEMBERS ABSENT: BILL THORPE 25 CARRBORO BOARD OF ALDERMEN MEMBERS PRESENT: 26 CARRBORO BOARD OF ALDERMEN ABSENT: Mayor Mark Chilton and Aldermen Alex 27 Zaffron, Jacquelyn Gist, Joal Hall Broun, John Herrera, Randee Haven-O'Donnell, and 28 Dan Coleman 29 30 • 31 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE 32 PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 33 34 7:39:41 PM • 35 36 A. OPENING REMARKS FROM THE CHAIR AND MAYORS 37 Commissioner Jacobs said that Chair Carey had an organizational conflict tonight and is out 38 of town. 39 40 B. PUBLIC CHARGE 41 The Chair dispensed with the reading of the public charge. 42 43 44 C. PUBLIC HEARING ITEMS 45 46 1. Homestead Twin Towns Zoning Atlas Amendment and Conditional Use Permit 47 Request by Capkov Ventures, Inc. to rezone 21.5 acres of land at the southwest corner 48 of Homestead Road and Seawell School Road from Residential-2 (R-2)to Residential-4- 49 Conditional (R-4-C). 50 Chapel Hill Planning Director J. B. Culpepper said that this is a zoning atlas amendment. 51 She described the property on the map. The property is 21.5 acres located in the southwest DRAFT MINUTES - NOT APPROVED YET 4 1 corner of Homestead Road and Seawell School Road. The current zoning is Residential 2, and 2 the application proposes rezoning to Chapel Hill's Residential 4 Conditional Zoning District. 3 With the conditional use-zoning district, no development can occur on the property without 4 Chapel Hill's approval in a special use permit. There is a special use permit application tracking 5 through Chapel Hill's process currently. The Residential 2 zoning district allows for up to four 6 units per acre. The applicant is proposing floor area that is greater than allowed with the 7 Residential 2 zoning district. 8 Bill Strom said that Chapel Hill had a big discussion at the hearing on this. He asked if 9 the comments should be restated for the record. 10 J. B. Culpepper said that she would hope that the comments would follow the application 11 through the process. The Chapel Hill Attorney agreed. 12 Eric Chupp is the applicant. He said that his company has been building small 13 communities like this in Chapel Hill for a long time. He said that this is a conditional rezoning 14 and is conditioned on the site plan they are presenting. He said that they are not asking for a 15 higher density as far as the number of units, but only for increased floor area. He said that R2 16 would allow 86 homes on the property, and this proposal is for 72 homes. This request has 17 been tracking through Chapel Hill's process. He said that, thus far, there has been no 18 opposition to this proposal. He said that, during the planning process, they tried to pay 19 particular attention to the goals of the comprehensive plan, as follows: 20 • Open Space—approximately 60% of the site is going to remain 21 untouched 22 • Stream Preservation -there is a stream that bisects the sight and the 23 buffer has been respected. There was a land swap with the 24 neighboring land so that property owners would not have to cross the 25 Resource Conservation District to have access to their property from 26 Seawell School Road. 27 • Tree Preservation—the largest trees will be saved and will be the 28 focal point of the entranceway. There is also a park in the middle with 29 recreational amenities. 30 • Affordable Housing—there will be 20% affordable housing, when the 31 ordinance only required 15%. Orange Community Housing has 32 recommended a slight modification of that with three-bedroom houses 33 and lower prices. 34 • There is an elementary, middle, and high school all within walking 35 distance of this community. 36 • Capkov volunteered to put bike lanes along Homestead Road and 37 Seawell School Road as well as sidewalks to connect the site with all 38 of the public schools. 39 • The location is right for the rezoning and close to the elementary 40 school, and the development is targeting young families. 41 42 Eric Chupp said that behind the community Homestead Village is the Horace Williams 43 Tract, so at some point there will be educational and employment opportunities also within 44 walking distance. He said that the entire infrastructure for sewer and water has been extended 45 to the site. Also, the two existing homes on the site are being recycled and moved to a lot off 46 Rogers Road. 47 48 Public Comment 49 Rev. Campbell asked about the site where the old homes will be moved and if there 50 would be water and sewer and Eric Chupp said yes. He asked for specific information on the DRAFT MINUTES = NOT APPROVED YET 5 1 location of the homes. Phil Post from Capkov pointed out the site on the map. He said that 2 there is a waterline on Rogers Road. Each lot has frontage on the sewer manhole. He said that 3 the two homes are in very good condition and they will be reused and upgraded. 4 Rev. Campbell asked if these homes would be made affordable homes. Eric Chupp said 5 that they would be market rate homes. Rev. Campbell said that this would be moving homes 6 into a neighborhood where no one in the neighborhood can afford them. Eric Chupp said that 7 they would be moderately priced homes that were built in the 1960's. 8 Rev. Campbell said that this neighborhood will impact the traffic flow all the way down 9 Rogers Road and Homestead Road. He asked about the intersection at Seawell School and 10 Homestead Road and if there would be any widening. Phil Post said that there would be a 11 continuous three-lane section through this area. In addition, there will be bike lanes and 12 sidewalks. 13 Rev. Campbell asked if anyone had looked at the possibility of a crossing guard for the 14 schools. Eric Chupp said that this is an excellent suggestion and they will do this. 15 Ed Harrison arrived at 8:00 PM. 16 Katrina Ryan said that she lives 1,050 feet from the entrance to Twin Towns. She said 17 that the neighborhood is fine with this development, but the turn on Homestead Road is a blind 18 curve and is not an opportune spot for a large entrance and exit. 19 Phil Post said that this has been carefully studied and Homestead Road is a DOT road, 20 so there have been a lot of on-site meetings about this. He said that Duke Power had plans to 21 relocate the power lines and when Duke Power enhances the lines, some vegetation will be 22 removed. He said that they will widen the road to three lanes and the sight distance will be very 23 safe after all of these improvements, even beyond the minimum standards for DOT. 24 Orange County Planning Director Craig Benedict said that the staff recommendation is 25 that this proceeds further to the Chapel Hill Town Council on May 21, 2007; to the Orange 26 County Planning Board on June 6, 2007; and the Board of County Commissioners on June 26, 27 2007. He said that if, in any event, the special use permit in Chapel Hill is not followed through, 28 the rezoning reverts back to the original zoning. 29 A motion was made by Bill Strom, seconded by Jim Ward to close the public hearing and 30 refer to staff. 31 VOTE: UNANIMOUS 32 33 A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to 34 close the public hearing and refer this to the Orange County Planning Board for consideration 35 on June 6, 2007 for a recommendation back to the County Commissioners on June 26, 2007. 36 VOTE: UNANIMOUS 37 • s . I, Sandra J. Kline, Acting Town Clerk of the Town of Chapel Hill, North Carolina, hereby certify that the attached are true and correct copies of Ordinance 2007-05-21/0-5 adopted by the Chapel Hill Town Council on May 21, 2007. This the 24th day of May 2007. Sandra J. e Acting Town Clerk I\OW N OF 1� Oy�4PEl stk% 7 AN ORDINANCE AMENDING IRE CHAPEL HILL ZONING ATLAS FOR THE HOMESTEAD TWIN TOWNS DEVELOPMENT(Orange County Parcel Identifier Numbers 9870-61-8194; a portion of 9870-61-8593; a portion of 9870-70-1770; and 9870- 71-3197)(2007-05-21/0-5) • WHEREAS, the Council of the Town of Chapel Hill has considered the application of Capkov Ventures,Inc.,to amend the Zoning Atlas to rezone property described below from Residential-2(R-2)to Residential-4-Conditional(R-4-C)zoning, and finds that the amendment is warranted,in order to achieve the purposes of the Comprehensive Plan by encouraging walking and bicycling, and reducing automobile travel,near the existing schools; NOW,THEREFORE,BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows: SECTION I • That the site,identified as now or formerly Orange County Parcel Identifier Numbers 9870- 61-8194; a portion of 9870-61-8593; a portion of 9870-70-1770; and 9870-71-3197;that is currently zoned Residential-2 (R-2) located on the south side Homestead Road just west of Seawell School Road,shall be rezoned to Residential-4-Conditional(R-4-C)with the following limitations on uses: • • That residential development shall be limited to a maximum of 72 dwelling units; and • That the maximum floor area shall not exceed 157,431 square feet; and • • That a minimum of 15 percent of the proposed dwelling units shall consist of permanently affordable dwelling units for private ownership available to low and moderate income households with annual income at or below 73 percent of the Raleigh-Durham-Chapel Hill area median income as provided by the U.S.Department of Housing and Urban Development (HUD). A minimum of eleven affordable units with three bedroom and two bath units income to be provided; and • That the Final Plan for the Special Use Permit will incorporate a "20 percent more energy efficient" feature into their plans, relative to the energy efficiency standard of the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASIIRAE),as amended and in effect at the time of building permit issuance; and • That other comparable standards generally recognized as applicable to building energy consumption, as amended and in effect at the time of building permit issuance, may be used by applicants when incorporating the"20 percent more energy efficient" feature into their plans; and 8 • That the applicant include an Energy Management Plan in their Special Use Permit • Final Plan application,to include consideration of utilizing sustainable energy, currently defined as solar,wind,biofuels, and hydroelectric power,in the proposed development; and • That the Energy Management Plan would consider the purchase of carbon offset credits and green power production through coordination with the NC Greenpower program; and • That the Energy Management Plan shall provide for an acceptable level of increased energy efficiency that ensures indoor air quality and adequate access to natural lighting, and allows for the proposed utilization of sustainable energy in a • development. The description of the site to be rezoned is indicated on the attached map,including abutting right-of-way to the center line of Homestead Road and to the eastern edge of the right-of-way of Seawell School Road. • SECTION II That all ordinances and portions of ordinances in conflict herewith are hereby repealed. This the 21s`day of May,2007. • • • • • ' I 9 • I, Sandra J. Kline, Acting Town Clerk of the Town of Chapel Hill, North Carolina, hereby certify that the attached'are true and correct copies of Ordinance 2007-05-21/R 14a adopted by the Chapel Hill Town Council on May 21, 2007. This the 25th day of May 2007. 4- . Sandra J. KI' e Acting Town Clerk N OF I � 1` l �yAPEL `- 10 • A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT PLANNED DEVELOPMENT-HOUSING FOR THt HOMESTEAD TWIN TOWNS (2007-OS-211.R-14a) • • BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Planned Development-Housing application proposed by the Capkov Ventures, Inc.,on property identified as Orange County Parcel Identifier Numbers 9870-52-9175;9870- 61-8194; a portion of 9870-61-8593; a portion of 9870-70-1770; and 9870-71-3197; if • developed according to the site plans.dated April 27, 2005 and revised December 13, 2006 would: 1. Be located, designed, and proposed to be'operated so as to maintain or promote the public health, safety, and general welfare; 2. Comply with all required regulations and standards of the Land Use Management Ordinance; 3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and • 4. Conform with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan. BE IT FURTHER RESOLVED by the-Town Council of Chapel Hill that it finds, in this .particular case, that the following modification satisfies public purposes to an equivalent or greater degree: 1. Modification of Article 3.8 of the Land Use Management Ordinance,to allow the two Rogers Road single-family homes to be expanded at a later date without being subject . to floor area limits. . This finding is based on a determination that public purposes are satisfied to an equivalent of greater degree in order to provide consistency of regulations for single-family homes. BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Planned Development-Housing for the Homestead Twin Towns in accordance with the plans listed above and with the conditions listed below: Stipulations Specific to the Development 1. That construction begin by May 21, 2009 (two years from approval date) and be • completed by May 21,2012(five years from approval date). • • • 11 2. Land Use Intensity: Homestead Road and Rogers Road Sites Gross Land Area 22.52 Acres Total Maximum Floor Area (Homestead site only) 160,461 sq. ft. Maximum Residential Units 74 units Affordable Residential Units as a Percentage of Total Residential • 15% Units - Minimum Recreation Space(Homestead site only) 36,593 sq.ft. Maximum Impervious Surface Area 158,135 sq. ft. • Maximum Vehicular Parking Spaces(Homestead site only) 139 spaces (including garages) Number of Buildings (Homestead site only) 37 Stipulations Related to Affordable Housing 3. Provision of Affordable Housing: That the developer prepare an Affordable Housing Plan that addresses the following items, for approval by the Town Manager prior to issuance of a Zoning Compliance Permit: a. Provision of a minimum of 15 percent of the proposed dwelling units as affordable dwelling unit(s) available to low and moderate income households with annual income at or below 73 percent of the area median income. A minimum of eleven•affordable units with three bedroom and two bath units; b. That the size and distribution of units be located throughout the development, dispersed among the market units. Six units shall be located in the southern portion of the site adjacent to the Resource Conservation District; c. The determination of eligibility of the owners; d. Marketing of the dwelling unit(s); e. Adequate assurances that the designated units will remain affordable in perpetuity;and f. The pricing of the affordable housing units shall be subject to the approval of the Town Manager. g. The homeowner's association dues for the affordable homes will be set and continuously maintained at a level not to exceed 50 percent of the dues payable from market rate homes. • Stipulations Related to Transportation 4. Homestead Road Right-of-way: That the applicant shall dedicate half of a 100-foot right- of-way for the Homestead Road frontage. 5: Homestead Road Improvements: a. That the applicant shall improve Homestead Road to provide two 12-foot wide travel lanes and a 4-foot wide bicycle lane along the site frontage prior to the issuance of first Certificate of Occupancy. • b. That the applicant shall constrict a median on Homestead Road at the proposed street intersection to prohibit left-turns from and to Homestead Road. The detailed plans for • 12 design and construction must be approved by the Town and North Carolina Department of Transportation prior to the issuance of Zoning Compliance Permit. The median must be constructed prior to the opening of' the site entrance on Homestead Road. . • c. 'That a 5 foot wide sidewalk be constructed along the site frontage. That if determined necessary, portion of this frontage may include curb and gutter in order to accommodate a sidewalk. The final design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 6. Homestead Road/Seawell School Road intersection: That the applicant shall upgrade the traffic signal at Homestead Road and Seawell School Road intersection with pedestrian . amenities and bicycle=activated loops if approved by the N.C. Department of Transportation,prior to the issuance of first Certificate of Occupancy. 7. Seawell School Road Right-of-way: That the applicant shall dedicate half of an 80-foot right-of-way for the Seawell School Road frontage. • 8. Seawell School Road Improvements:That the applicant shall improve the Seawell School Road frontage to provide two 12-foot wide travel lanes plus a 12-foot wide left turn lane, and 4-foot Wide bicycle lane, curb and gutter, and a 5-foot wide concrete sidewalk to be • located a minimum of 3 feet behind the curb along the site frontage. 9. Rogers Road Right-of-way: That the applicant shall dedicate half of a 70-foot right-of- way for the Rogers Road frontage. 10. Rogers Road Improvements: That the applicant shall improve the Rogers Road frontage to widen the northbound travel lane to 16 feet to accommodate a bicycle lane and a 5-foot wide concrete sidewalk to be located behind the ditch. 11.North Carolina Department of Transportation Approvals: That plans for improvements to State-maintained roads be approved by North Carolina Department of Transportation prior to issuance of a Zoning Compliance Permit for the subject phase of development. 12.Dedication of Right-of-Way: That prior to the issuance of Zoning Compliance Permit, the Town Manager shall review and approve a plat dedicating public right-of-way along Homestead Road; Seawell School Road and Rogers Road. That a copy of the recorded • plat shall be provided prior to the issuance of a Zoning Compliance Permit. 13.Internal Streets: The internal street network shall be a public street, built to Town standards. Prior to a Zoning Compliance Permit the design for the internal streets shall be submitted for approval by the Town Manager. That prior to the issuance of a Zoning Compliance Permit, the Town Manager shall review and approve a plat dedicating the public right-of-way for the internal streets. That the plat shall be recorded prior to the issuance of a Zoning Compliance Permit. 13 14. Bicycle Parking at Homestead Site: That the applicant comply with the bicycle parking standards in place at such time that the Town Council approves the Special Use Permit. 15. Seawell School Road Sidewalk: That the applicant shall provide a 5 7foot wide concrete • sidewalk on Seawell School Road, from the southern property line to High School Road. Final design to be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 16. Bus Stop and Shelter: That prior to the issuance of a Zoning Compliance Permit, the applicant provide a payment-in-lieu of$10,000 for a bus pull-off, and $6,500 for a bus • • stop, pad, bench, and shelter. The payment-in-lieu amount, shall be submitted to the Town prior to the issuance of a Zoning Compliance Permit. Stipulations Related to Landscaping and Architecture 17. Required Buffers: That the following landscape buffers be provided; on land owned and controlled by a Homeowners' Association; and if any existing vegetation is to be used to satisfy the buffer requirements,the•vegetation will be protected by fencing from adjacent construction: Homestead Road Site Landscape Buffers • Location Required Buffers • Southern Boundary 10'Type'B'Internal Buffer Wester Boundary 10'Type `B' Internal Buffer Northern Boundary (Homestead Road 30' Type`D'External Buffer frontage) Eastern Boundary(Seawell 20' Type`C'External Buffer • School Road frontage) Rogers Road Site L andscape Buffers Location Required Buffers Southern Boundary Not required Western Boundary • Not required Northern Boundary Not required Western Boundary(Rogers 20'Type `C' External Buffer Road frontage) 18.Undisturbed Buffers: Buffers shall remain undisturbed and no stormwater control structures shall be placed in landscape buffer areas except for a portion of the northern buffer on Homestead Road associated with the proposed grading. This area shall be properly replanted,subject to approval by the Town Manager. 14 • 19. Chain-Link Tree Protection Fencing: That the applicant install a chain-link fence in lieu of standard tree protection fencing along the Resource Conservation District line, and in other areas deemed necessary by the Town Manager. That the final design and location of the chain link fence shall be reviewed and approved by the Town Manager. 20. Utility Easements: All utility easements shall be located outside the required buffers. 21. Specimen Tree Protection: That the applicant shall protect the indicated specimen trees, specified for preservation on the landscape protection plan, subject to Town Manager • approval prior to issuance of a Zoning Compliance Permit. 22. Landscape Protection Plan: That a detailed Landscape Protection Plan for the proposed Homestead Road and Rogers Road site be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. That the plans provide the following: . • Tree protection fencing along the entire Homestead Road and Seawell School Road frontages between the existing vegetation to be retained and the proposed street and • sidewalk construction. • A detail of protective fencing, including a detail for chain-link fencing; and construction parking and materials staging/storage areas, • Show all critical root zones of rare and specimen trees affected by proposed construction, indicating which trees are proposed for removal, and where tree protection fencing, silt fencing, and as determined necessary where chain link fencing will be installed, • Adequate space around the two existing single family buildings on the Homestead Road site so that they can be successfully elevated off of their foundations and transported to the Rogers Road site. 23. Landscape Plan and Landscape Maintenance Plan: That a detailed Landscape Plan and 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. 24.Replanting Plan for Northern Landscape Buffer: That the northern landscape buffer along Homestead Road be fully and densely replanted to provide maximum screening from Homestead Road. That in buffer areas that will be cleared adjacent to Homestead Road, the replanting plan shall included plant material that meet the following standards: shade trees be a minimum of 3 1/4" caliper, all small trees be a minimum of 8-10 feet in height, and all shrubs be transplanted from containers at least 5 gallons in size. The Town Manager shall review and approve a planting plan for this area prior to the issuance of a Zoning Compliance Permit. 25. Community Design Commission Approvals: That the Community Design Commission shall approve building elevations, lighting, including the location and screening of all HVAC/Air Handling Units for this project, prior to issuance of a Zoning Compliance Permit. That the Commission shall approve a lighting plan for this site and shall take • 15 additional care during review to ensure that the proposed lighting plan will minimize 1) upward light pollution and 2) offsite spillage of light, prior to issuance of a Zoning Compliance Permit Stivulations Related to Environmental Issues Energy Efficiency: That the applicant shall incorporate the`Energy Star"energy efficiency program into the plans for each home built at the"Homestead Twins" development. Each home will be inspected by a qualified engineer who shall determine • that each home exceeds the 2007 standards set by the International Energy Conservation Code by no less than 20%. Following each inspection,the engineer shall submit the results of the inspection to the Environmental Protection Agency(EPA)for certification. Each home must obtain the EPA certification. Once certification is granted, each home will qualify for a reduction in their Duke Energy bill. • NC GreenPower: That all community facilities that are owned by the homeowners association and receive electric power from Duke Energy shall participate in the NC GreenPower program administered by Duke Energy. That each month, the association shall contribute a minimum of twenty blocks (100-kilowatt hours per block) to the NC GreenPower program. That during the sales process, the applicant will encourage each new homeowner to sign up for the monthly contribution of one block to the NC GreenPower program by providing each homeowner with information about NC GreenPower 28. Energy Management Plan: . That the applicant shall include an Energy Management Plan in the Special Use Permit Final Plan application, to include consideration of utilizing sustainable energy, currently defined as solar,wind,biofuels, and hydroelectric power, in the proposed development. That the Energy Management Plan would include consideration of the purchase of carbon offset credits and green power production through coordination with the NC GreenPower program, That the Energy Management Plan shall provide for an acceptable level of increased energy efficiency that ensures indoor air quality and adequate access to natural lighting, and allows for the proposed utilization of sustainable energy in a development. 29. Wetlands Location: That the applicant shall submits Final Plans which show the location of State or federally regulated wetlands on the site. That any proposed disturbance of wetlands shall demonstrate compliance with applicable State and federal regulations. That prior to issuance of a Zoning Compliance Permit, the development shall meet North Carolina Division of Water Quality 401 and 404 Certification requirements for any proposed wetland and/or stream impacts. 30. 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 be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms) where the post-development stonnwater run-off rate shall not exceed the pre- • 16 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. 30. Stormwater Facility Prohibited in the Public Right-of-Way: That all detention/retention • basins,stormwater facilities and associated infrastructure be located outside of existing or proposed rights-of-way as well as outside of all building setbacks. 31. Storm Drainagewav Easement: That all stormwater management improvements, outside the public right-of-way, shall be located inside reserved storm drainageway easements and shown on the final plans and final plat,per Town guidelines. 32. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. • The plan shall 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. The Stormwater Operations and Maintenance Plan shall be referenced in the Homeowners' Association documents. • 33. 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. 34. 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. ' If one (1) acre or more is uncovered by land-disturbing activities for this project, then.a performance guarantee in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances shall be required prior to final authorization to begin land-disturbing activities. This financial guarantee is intended to cover the costs of restoration of failed or failing soil erosion and sedimentation controls, and/or to remedy damages resulting from land-disturbing activities, should the responsible party or parties fail to provide prompt and effective remedies acceptable to the Town. 35. 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 Resource Conservation District 36.Ephemeral Stream Channels: As part of the Stormwater Management Plan, the applicant shall identify ephemeral stream channels, demonstrate the necessity of land disturbance 17 • within these channels, and demonstrate how such disturbance shall be'minimized, subject to approval by the Town Manager,prior to the issuance of a Zoning Compliance Permit. • 37. Land Disturbance Activity Prohibited in the Resource Conservation District: That all required erosion control sediment basins and all stormwater improvements, including associated clearing and grading, shall be located entirely outside of the Resource Conservation District and shall not impact the root systems of any significant trees except land disturbance activities associated with the stormwater facility limited to the upland zone of the Resource Conservation District except for the discharge pipe from the storm water facility and for the extension of the OWASA sewer main. That if necessary, in • order to comply with this stipulation, the number of overall dwelling units may be reduced. That all residential structures shall be located a minimum of 10-feet away from the Resource Conservation District and that land disturbance in the Resource Conservation District, associated with the construction of these structures, is prohibited. 38:Boundaries: That the boundaries of the Resource Conservation District be indicated on the final plat and plan. A note shall be added to all final plats and final plans, indicating, "Development shall be restricted within the Resource Conservation•District in accordance • with the Chapel Hill Land Use Management Ordinance." 39. Constriction Standards: That for encroachment(s) into the Resource Conservation District, the requirements and standards of Section 3.6.3(g) of the Land Use Management Ordinance,including minimization of land disturbance, and all other applicable Resource • Conservation District regulations must be adhered to. • Stipulations Related to Homeowners'Association 40. Homeowners' Association: That a Homeowners' Association for the Homestead Road site be created that has the capacity to place a lien on the property of a member who does • not pay the annual charges for maintenance of all common areas, however designated. The Homeowners' Association documents shall be approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and shall be cross- referenced on the final plat. The Homeowners'Association documents shall comply with Section 4.6.7 of the Land Use Management Ordinance. 41.Homeowners' Association: That a Homeowners' Association for the Rogers Road site be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of all common areas, however designated.. The Homeowners' Association documents shall be approved by the Town Manager prior to • recordation at the Orange County Register of Deeds Office and shall be cross-referenced on the final plat. The Homeowners' Association documents shall comply with Section. 4.6.7 of the Land Use Management Ordinance. • 42.Dedication of Common Area to Homeowners'Association: That the applicant provide for Town Manager review and approval, a deed conveying to the Homeowners' Association all bufferyards; common, open space areas, including stormwater management facilities. 18 'These documents shall be reviewed and approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and cross-referenced on the final plat. Stipulations Related to Recreation 43. Homestead Road Required Recreation Space: That the applicant shall either provide a partial payment-in-lieu for that portion of the recreation space not satisfied by the square footage associated with the pool and associated clubhouse and the play area or provide additional on-site recreation space to satisfy the requirement, subject to Town Manager approval. The payment amount and/or the proposed recreation space shall be reviewed. and approved by the. Town Manager in accordance with the Land Use Management Ordinance, Section 5.5.2. That the recreation space associated with the pool, clubhouse,. and play area shall be considered suitable recreation space.once the size of the recreation space and associated amenities are approved,by the Town Manager. That the recreation payment amount, if required, shall be submitted to the Town prior to recordation of the final plat or issuance of the first Certificate of Occupancy,which ever occurs first. 44. Rogers Road Payment-in-Lieu for Required Recreation Space: That the applicant shall provide a payment-in-lieu for the required 1,075 square feet of Rogers Road recreation • space. The payment amount shall be reviewed and approved by the Town Manager in accordance with the Land Use Management Ordinance, Section 5.5.2. That the recreation payment amount shall be submitted to the Town prior to issuance of a Zoning Compliance Permit. Stipulations Related to Utility and Services 45. 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. • 46. Solid Waste/Recycling Curb Side Collection: That curbside refuse collection by the Town of Chapel Hill shall occur at such time that the development is annexed into the Town limits. That prior to annexation the developer shall contract with.a private refuse collection and/or recycling collection service for curbside collection service. • 47. Solid Waste Final Plan Details: That final plans shall include dimensioned details as well as appropriate signage and lighting for the refuse area, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit, That final plans shall also include the following notes: a. By Orange County Ordinance, clean wood waste, scrap metal and corrugated • cardboard, all present in construction waste,shall be recycled;. b. By Orange County Ordinance, all haulers of construction waste shall be properly licensed; and c. Prior to any demolition or construction activity on site the applicant shall hold a pre- • 19 demolition/pre-construction conference with the County's Solid Waste staff. This may be the same meeting held with other development officials. 48.Heavy Duty Pavement: That the applicant shall provide heavy-duty pavement for service vehicles across drive aisles access routes to refuse container(s), subject to Town Manager approval. 49. Recycling Specialist: That the applicant shall meet with an Orange County Recycling Specialist near the time of occupancy of the development. 50. Overhead Obstruction/Utility Lines: That the final plans shall include details verifying that no overhead obstruction or utility wires will interfere with service vehicle access or operation. 51. Utility/Lighting Plan Approval: That the final Utility/Lighting Plan shall be approved by Duke Energy Company, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to Issuance of a Zoning Compliance Permit. 52. Utility Line Placement: That except for three phase electrical distribution line, all new and relocated 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. 53. Street Lighting Plan: That a street lighting plan shall be reviewed and approved by Duke Energy and the Town Manager prior to the issuance of a Zoning Compliance Permit. That if the proposed street lighting plan includes non-standard poles and/or fixtures that the plans and the Homeowners' Association documents indicate that the applicant or Homeowners' Association shall be responsible for the additional cost as determined by Duke Energy. 54. OWASA Easements: That easement documents as required by OWASA and the Town Manager be recorded before final plat approval. 55. Fire Hydrant Location:It is required that all new structures be located within 400 feet of a fire hydrant and that all hydrants be shown on Final Plans, subject to the approval of the - Town Manager. . 56. Fire Apparatus Access: All driveway entrances shall be designed to meet the minimum unobstructed turning radii for fire apparatus access. 57. Fire Flow Report: That a fire flow report for all new development,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. 20 • Miscellaneous Stipulations • 58. Single-family Lots on Rogers Road: That prior to relocation of the single-family homes on the Homestead portion of the project to the Rogers Road site, an administrative minor subdivision application shall be reviewed and approved by the Town Manager and a plat recorded creating the two lots. 59. Single-family Homes on Rogers Road: That prior to the relocation of the existing single- family homes on the Homestead portion of the project to the newly created Rogers Road lots, a Single-Family Zoning Compliance Permit shall be obtained for each newly created lot. • 60. Construction Management Plan: That a Construction Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. That the construction management plan: 1) indicate how construction vehicle traffic will be managed, 2) identify parking areas for on-site construction workers including plans to prohibit parking in residential neighborhoods, 3) indicate construction staging and material storage areas, and 4)identify construction trailers and other associated temporary construction management structures. 61. Traffic and Pedestrian Control Plan: That a Traffic and Pedestrian Control Plan be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. That the plans include a Work Zone Traffic Control Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction. The plan must include a pedestrian management plan indicating how pedestrian movements, including pedestrians using the existing transit system,will be.safely maintained. At least 5 working days prior to any proposed lane or street closure the applicant must apply to the Town Manager for a lane or street closure permit. 62. Schools Adequate Public Facilities Ordinance: That the applicant provide the necessary Certificate of Adequacy of Public Schools prior to the issuance of a Zoning Compliance Permit. 63. Recombination Nat: That an administrative recombination application shall be reviewed and approved by the Town Manager and an administrative minor subdivision application shall be reviewed and approved by the Town Manager creating the new townhouse lots. The recombination plat and townhouse development shall be recorded prior to issuance of certificates of occupancy for each phase of development. • 64. Joint Planning Area: That prior to issuance of a Zoning Compliance Permit, that the applicant provide a clerk certified copy of the County Commissioners rezoning resolution. • • 21 • 65.Plant Rescue: That the applicant consider conducting plant rescue activities on the Homestead site prior to initiation of development activity. 66. Subdivision of Property: That the Homestead portion of the development, if proposed to be subdivided, must be subdivided in accordance with the Town's townhouse development provisions. Private parking, private drive aisles, open space, landscape bufferyards, and stormwater infrastructure shall all be common land area that is owned and maintained by a Homeowner's Association. 67. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited. 68. 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. 69. As-Built Plans: That as-built plans in DWF 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 first Certificate of Occupancy. • 70. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plans and plat. That if the Town Manager approves a phasing plan,no Certificates of Occupancy shall be issued for an individual phase until all required public improvements for that phase are complete;no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and if applicable a note to this effect shall be placed on the final plan and/or plat. 71. New Streets -Traffic Sisns: 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. 72.New Street Names and Numbers: That the name of the development and its streets and house/building numbers shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. i 73. Construction Sign: That the applicant shall post a construction sign at the Homestead portion of the development 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 22 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. That a detail of the sign shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. 74. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above. 75. 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, • Planned Development-Housing for the Homestead Twin Towns. This the 21St day of May,2007. • 1 23 ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION AMENDING THE JOINT PLANNING AREA ZONING ATLAS WHEREAS, Orange County and the Town of Chapel Hill entered into a Joint Planning Agreement, dated September 22, 1987, as amended April 2, 1990; and WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Area Land Use Plan and Map were adopted on October 13, 1986, by all parties to the Joint Planning Agreement, and have since been amended on several occasions; NOW THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONERS AND CHAPEL HILL TOWN COUNCIL HEREBY RESOLVE THAT THE JOINT PLANNING ZONING ATLAS BE AMENDED AS FOLLOWS: The 21.5 acre site identified now or formerly as Orange County Parcel Identifier Numbers 9870713194; a portion of 9870701770; a portion of 9870618593; and 9870618194 that is currently zoned Residential-2 (R-2), located at the southwest corner of the intersection of Homestead Road and Seawell School Road, shall be rezoned to Residential-4-Conditional (R-4-C) with the following limitations on use: No development may occur on this site unless the Town Council approves a Special Use Permit pursuant to Section 4.5 of the Land use Management Ordinance. This resolution shall become effective upon adoption by the governing bodies of Orange County and the Town of Chapel Hill. Upon motion of Commissioner , seconded by Commissioner the foregoing resolution was adopted this the day of , 2007. I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on 2007 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 2007. Clerk to the Board of Commissioners O R,a -&Ao 7-0 ssi `a 1 /�fJd'/ The Board considered approval of the Draft US 70/Cornelius Street Corridor Strategic Plan presented at the May 21, 2007 Quarterly Public Hearing. Commissioner Jacobs said that this is a recommendation to start an access management plan for US 70, including the intersection of US 70/NC 86/NC 57. He said that he recalls that it was open ended as to when it would begin. He asked Craig Benedict if it would fit into the workload to initiate in the fall. Craig Benedict said that he would develop a timeline with the Manager. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve the resolution, which is incorporated by reference, endorsing the US 70/Cornelius Street Corridor Strategic Plan and that preparation of an access management plan (to include appointment of a Town/County work group) be a topic for discussion as directed by the BOCC and County Manager. VOTE: UNANIMOUS Laserfiche: 'S - RES-2007-049 - Eco Dev- US 70 Cornelius Street Corridor Strategic Plan -06- 26-2007-4u' v. Chapel Hill Joint Planning Transition Area Zoning Atlas Amendment — Homestead Twin Towns (JPA-CH-Z-1-07) The Board considered approval of a petition presented at the April 26, 2007 Joint Planning Area Public Hearing to rezone 21.5 acres at the southwest corner of Homestead Road and Seawell School Road. Geof Gledhill made reference to some handwritten changes to the resolution to act with the joint planning agreement process. It was not a substantive change. A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to approve the proposed rezoning from Chapel Hill R-2 to the Chapel Hill R-4-C zoning district, in accordance with the resolution, as amended by Geof Gledhill, which is incorporated by reference. VOTE: UNANIMOUS dd. County Campus Approval of Purchase Agreement and Construction Manager at Risk Contract The Board considered approving a Purchase Agreement(s) and Construction Manager at Risk (CMAR) agreement(s) associated with the purchase and construction of facilities on the county campus off of West Margaret Lane, Hillsborough and authorizing the Chair to sign. Commissioner Gordon said that she found critical documents that were not on the website for the public. For example, the Library and Purchasing Sale Agreement (exhibit B and exhibit C). Also, General Conditions of Construction Manager at Risk and Agreement of Construction Manager Services were not there. She is concerned that these documents have not been made available. Geof Gledhill said that these documents will not be available until the Construction Manager at Risk bids the project. The CMR cannot bid the project until the County authorizes the CMR contract and the purchase agreement. As the pieces fall into place, this information will be provided to the Board. Purchasing and Central Services Director Pam Jones said that the building documents are online. Commissioner Gordon said that it took time to look through this and she wanted to make sure the public knew what was going on. She said that there was not mention of the library budget or the total budget and how the CMR worked. Pam Jones said that this is a continuation of actions taken in November. It is kind of a foundation that has been building up. Commissioner Jacobs suggested posting every document available up to now and Laura Blackmon suggested explaining what is missing and why.