MEMORANDUM

To:

Chapel Hill Planning Board Chapel Hill Transportation Board Chapel Hill Bicycle and Pedestrian Advisory Board Chapel Hill Parks and Recreation Commission Chapel Hill Greenways Commission Chapel Hill Community Design Commission

From:

Gene Poveromo, Development Manager Kendal Brown, Principal Planner

Subject: Aydan Court, 2476 NC Highway 54 East - Application for Special Use Permit, Planned Development - Housing (File No. 9798-04-94-5193)

Date: November 16, 2010 (Planning Board) November 16, 2010 (Bicycle and Pedestrian Advisory Board) November 17, 2010 (Community Design Commission) November 17, 2010 (Parks and Recreation Commission) December 8, 2010 (Greenways Commission) December 15, 2010 (Transportation Board)

PURPOSE

The attached staff report includes background information on an application for a Special Use Permit from Cazco, Inc., which is proposing to construct a 90-dwelling unit Planned Development-Housing on a 5.8-acre site located on the north side of NC Highway 54 across from Downing Creek Parkway. Accompanying this application is a Zoning Atlas Amendment application requesting to rezone the site to the Residential-5-Conditional zoning district. Please refer to the accompanying memorandum for a discussion of the proposed rezoning. The recommendations in the attached staff report are made with the assumption that the requested rezoning in the accompanying Zoning Atlas Amendment application is approved. The applicant is also requesting three modifications to Land Use Management Ordinance regulations, including steep slope regulations, parking quantity standards, and transitional control intensity modifications. The Planning Board, Transportation Board, Community Design Commission, Bicycle and Pedestrian Advisory Board, Parks and Recreation Commission, and Greenways Commission are asked to make a recommendation to the Council on this Special Use Permit application. A public hearing for this application is tentatively scheduled for February 21, 2011.

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RECOMMENDATION

Staff’s Recommendation: That the Transportation Board, Planning Board, Community Design Commission, Bicycle and Pedestrian Advisory Board, Parks and Recreation Commission, and Greenways Commission recommend that the Council adopt Resolution A, approving the application with conditions, if the accompanying rezoning application is approved.

ATTACHMENTS

1. Staff Report 2. Resolution A, Approving the Application 3. Resolution B, Denying the Application 4. Summary of Traffic Impact Analysis 5. Applicant’s Materials, including applicant’s response to Community Design Commission

and Council Concept Plan comments 6. Letter from the NC Wildlife Resources Commission 7. Letter from Natural Heritage Program and Applicant’s Response 8. Area Map 9. Citizen letter

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ATTACHMENT 1

STAFF REPORT SUBJECT: Aydan Court, 2476 NC Highway 54 – Application for Special Use Permit,

Planned Development - Housing (File No. 9798-04-94-5193)

DATE: November 16, 2010

INTRODUCTION Attached for your consideration is an application for a Special Use Permit from Cazco, Inc., proposing to construct a 90-dwelling unit Planned Development-Housing on a 5.8-acre site located on the north side of NC-54 across from Downing Creek Parkway. The site is located in the Residential-1 (R-1) zoning district and the Watershed Protection District (Jordan Lake Watershed). It is adjacent to gameland managed by the North Carolina Wildlife Resources Commission and owned by the Army Corps of Engineers. A request to rezone the property to a higher density residential zoning district accompanies this application. The site is identified as Durham County Parcel Identifier Number 9798-04-94-5193.

BACKGROUND February 21, 2007-2009 Town review of a rezoning application to rezone the site from

Residential-1 to Residential-Special Standards Conditional, accompanied by a Special Use Permit application for 58 dwelling units (initially proposed with 85 units)

March 23, 2009 Denial of the proposed rezoning district (no action taken on the

Special Use Permit). April 21, 2010 Concept Plan Review of this Special Use Permit application by the

Community Design Commission (90 dwelling units) June 16, 2010 Concept Plan Review by Town Council (90 dwelling units) June 16, 2010 Enactment of Inclusionary Zoning, provisions to become effective

March 1, 2011

September 20, 2010 Submittal of formal applications for rezoning and Special Use Permit

EXISTING CONDITIONS

Location: The development is proposed on a vacant site located on the north side of NC-54 across from Downing Creek Parkway. The following properties are on the perimeter of the site:

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• south – A 275-foot wide NC Highway 54 right-of-way is south of the site, abutting

neighborhoods Sherwood Forest Subdivision (Residential-2), and Bradford Place at Downing Creek (PDR 3.730, Durham County Planned Density Residential zoning).

• east & north - Army Corps of Engineers Jordan Lake Watershed, North Carolina Wildlife Resources Commission Gameland, and Little Creek Bottomlands, a North Carolina Significant Natural Heritage Area (RS-20, Durham County zoning).

• west – vacant property owned by the University of North Carolina at Chapel Hill Foundation, Inc. (Lloyd Property), zoned Residential-1 (R-1).

Access and Circulation: The property currently has neither access nor bus stops in proximity to the site. Topography, Drainage, and Vegetative Cover: The land slopes downward west to east at an average slope of 7%. The site has some steep slopes, including areas with 10%-15% slope, 15%-25% slope and areas with over 25% slope. The steepest slopes (approximately 8% of the site) are along the frontage as well as the center and rear southern parts of the site. There is also an intermittent stream that crosses the site near the frontage, flowing to the northeast into the Army Corps of Engineers Jordan Lake Watershed area. There is a 100-foot Resource Conservation District corridor bounding an intermittent stream that crosses the site on an east-west axis, near the NC-54 frontage of the site. There is also a smaller Resource Conservation District area, determined by the 3-foot elevation above the 100-year floodplain elevation, in the northern part of the site. It appears that nearly the entire site meets the criteria of a significant tree stand (under the current ordinance) with the exception of a small area on the top of the central bluff.

EVALUATION

The Town staff has reviewed this application for compliance with the themes from the Comprehensive Plan, the standards of the Land Use Management Ordinance, and the Design Manual, and offers the following evaluation: Comprehensive Plan: The following are themes from the Comprehensive Plan: 1. Maintain the Urban Services/Rural Buffer boundary; 2. Participate in the regional planning process; 3. Conserve and protect existing neighborhoods; 4. Conserve and protect the Town’s existing natural setting; 5. Identify areas where there are creative development opportunities; 6. Encourage desirable forms of non-residential development; 7. Create and preserve affordable housing opportunities; 8. Cooperatively plan with the University of North Carolina at Chapel Hill; 9. Promote the vitality of downtown; 10. Work toward a balanced transportation system;

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11. Complete the bikeway/greenway/sidewalk systems; 12. Provide quality facilities and services; and 13. Develop strategies to address fiscal issues. The Chapel Hill Land Use Plan, a component of the Comprehensive Plan, identifies this site as Parks and Open Space. We believe it would be difficult for any development to achieve this designation, absent public purchase of the site. For additional information on how this proposed development addresses goals, objectives, and strategies of the Comprehensive Plan, please refer to the applicant’s Statement of Justification (see attachments). Ordinance Requirements The staff evaluation of the Special Use Permit application will be discussed in this memorandum based on the assumption that the Zoning Atlas Amendment application which proposes to rezone the site from Residential-1 (R-1) to Residential-5-Conditional (R-5-C) will be enacted by the Council. Development Description The Special Use Permit application proposes to construct a Planned Development-Housing on a 5.8-acre site, located on the north side of NC-54 across from Downing Creek Parkway. Three 3-story buildings, with below building parking, are to house 90 dwelling units (42 single-bedroom units and 48 two-bedroom units), including 6 affordable units. The buildings would be clustered in the center of the site and would be approximately 60 feet tall. A single point of vehicular access to the Aydan Court site is proposed from the westbound and eastbound sides of NC Highway 54, through a proposed left-turn lane and median crossing and right-turn lane respectively. A stub out to the adjacent property to the west (owned by UNC-Chapel Hill Foundation, Inc.) is being proposed and recommended. Parking would be provided underneath the buildings and along a looped internal drive within the site. Eighty-five of the 146 proposed vehicular parking spaces would be in underground garages; 61would be surface parking spaces. The Comprehensive Plan includes a goal that residential developments of 5 or more units provide 15 percent of the units at prices affordable to low and moderate income households. This goal has been codified as an Inclusionary Zoning text amendment to the Land Use Management Ordinance, with the effective date of March 1, 2011. The applicant has asked that the application be reviewed under the Inclusionary Zoning Ordinance. The applicant is proposing to provide a combination of 6 affordable dwelling units and a payment-in-lieu of 5.85 units affordable dwelling units (15% x 90 = 11.85 affordable dwelling units). The applicant is proposing an approximately 530-foot long multi-use trail/bicycle path along the site frontage to connect to the existing and future trial network along NC Highway 54 and 1,350 linear feet of multi-use trail offsite, extending west to connect to the Meadowmont multi-use trail.

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A public sewer main is to be extended from Meadowmont and across UNC Foundation property to serve this proposed development. Stormwater management facilities, including sand filters, would be located in southeast corner of the site. Under this proposal, approximately 70% of the site would be disturbed during construction. In addition, the applicant is proposing to exceed the allowable disturbance of the steep slopes that are more than 25% grade. The maximum land disturbance on slopes greater than 25% grade is 25%. The applicant is requesting a modification to regulations for disturbance of steep slopes, as well as parking quantity standards and transitional height regulations. Please refer to the section regarding Modification to Regulations. Concept Plan Reviews: Proposals for this project have been reviewed by the Community Design Commission and the Town Council. Concept Plan Review summaries from the Town Council and Community Design Commission, along with the applicant’s responses, are attached. 2009 Special Use Permit: The table below compares some of the differences between the 2009 Special Use Permit application and the current Special Use Permit application.

Prepared by the Chapel Hill Planning Department Zoning/Uses: The site is currently zoned Residential-1 (R-1). This application is accompanied by a rezoning application to rezone the site to Residential-5-Conditional (R-5-C). Multi-family is allowed in the R-5 zoning district in the form of a Planned Development-Housing, which is the nature of the proposal under review. Floor Area: The Residential-5-C zoning and the Resource Conservation District overlay district would permit 63,271s.f. of floor area on 5.8 acres. The newly enacted inclusionary zoning provisions enable an applicant to have additional floor area when affordable housing units are

2009 Special Use Permit

Application

Current Special Use Permit

Application Floor Area 173,000 s.f. 118,884 s.f.

No. of Vehicular Parking Spaces 122 146 No. of Dwelling Units 58 90 Dwelling Units/Acre 10.1 15.5 Affordable Housing 4 on-site units and

payment-in-lieu for 4.7 units

6 on-site units and payment-in-lieu of 5.85 units (total 11.85

units) Impervious Surface On-site 46 % 41%

Number of Buildings 7 3 Location of Buildings relative to

100-year floodplain boundary 30’ from floodplain

boundary Buildings at least 140 feet from

floodplain boundary Nearest parking or drives to 100-

year floodplain boundary 35’-80’ 100’

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incorporated into a development. The maximum permissible floor area allowed for this development (79 market units and 12 affordable units with the proposed mix of bedrooms) is 118,884 s.f., which the applicant is proposing. Setbacks and Height: In the Residential-5-C zoning district, a 20-foot setback standard applies for the street frontage. There are 6-foot interior setbacks and 8-foot solar setbacks. The proposal complies with the required setback limits. The proposed maximum height limits for primary and secondary height limits in the proposed zoning district are 39 feet (at the setback line) and 60 feet respectively. The proposal includes a request for the secondary height limit of 60 feet to be applied at the setback line (primary height). Please refer to the Modification to Regulations section for more on this subject. Density: The Residential-5-Conditional zoning district allows up to 15 dwelling units per acre. This density, combined with the inclusionary zoning density bonus of 15%, equates to a permissible density of 17.25 dwelling units per acre. The applicant proposes a density of 15.5 dwelling units per acre with this application. Intensity and Dimensional Standards: The proposed project meets all other intensity and dimensional standards for the proposed Residential-5-Conditional zoning district except for height limits. Please see more detailed information immediately below and the Modifications to Regulations section. Modifications to the Regulations: The applicant is requesting that the Council approve three modifications to Land Use Management Ordinance regulations, including: 1) Subsection 5.3.2, Steep Slope regulations, 2) Subsection 5.9.7 Vehicular Parking Quantity Standards, 3) Table 3.8-1 Intensity Standards (specifically height limits).

Vehicular Parking Quantity Standards

Subsection 5.9.7 of the Land Use Management Ordinance, Parking Quantity Standards, for the proposed multi-family development has a minimum parking space requirement of 120 and a maximum of 137. The applicant is requesting a modification to regulations to include nine more parking spaces than the maximum allowed, or 146 parking spaces. The applicant believes that public purposes are satisfied to an equivalent or greater degree regarding their request for modification to regulations to exceed the maximum number of parking spaces by 9 spaces because:

“…approximately 59% of the proposed vehicular parking spaces are located beneath buildings, thereby minimizing impervious surface.” [Applicant’s Statement]

Steep Slope Regulations

Subsection 5.3.2 of the Land Use Management Ordinance requires that no more than one quarter of the slopes over 25% grade be disturbed. The steepest slopes, which comprise about 7.6% (11,515 s.f.) of the site, are along the frontage as well as the center and rear southern parts of the site. The applicant is proposing to disturb approximately 59.9% of the slopes over 25% grade

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(equates to 6,897 s.f. of disturbance beyond what the ordinance allows) and is requesting a modification to the steep slope regulations. The applicant’s request for modification to regulations cites the following reasoning:

• “The 2,300 SF of disturbance to the 25% slopes on the embankment along NC 54 is necessary for access to the site,

• The disturbance to the 25% slopes is necessary to serve the site by gravity flow sewer service exiting the site from the north, and

• The 7,506 SF of disturbance to the 25% slopes – embedded within the larger 15-25%

side slope areas of the plateaus – serves the public purpose of creating higher density residential neighborhoods along primary transit corridors and by providing for a future connection to the University of North Carolina at Chapel Hill Foundation, Inc. property and by extension to Meadowmont.” [Applicant’s Statement]

Intensity Regulations - Height Limits

Table 3.8-1 of the Land Use Management Ordinance specifies that at the setback line in the Residential-5 zoning district, the height limit is 39 feet. The applicant requests that the building height be 53 feet at the setback line, citing the following rationale:

“The buildings and locations that exceed the primary height limitation will never have buildings near them because of the RCD areas located next to them and they will not create proximity issues for sound, light, or visual intrusion for or by residents of neighboring buildings.” “Additionally, the Council in the concept review phase suggested strongly that because of the unique character of this site and its location they would prefer to see buildings be taller in exchange for a greater setback form the Upper Little Creek Wildlife Impoundment.” [Applicant’s Statement]

Council Findings and Public Purpose: The Council has the ability to modify the regulations, according to Section 4.5.6 of the Land Use Management Ordinance. We believe that the Council could modify the regulations if it makes a finding in this particular case that public purposes are satisfied to an equivalent or greater degree. The Council may deny one or more of the proposed modifications from regulations at its discretion. If the Council chooses to deny a request for modification to regulations, the applicant’s alternatives are to revise the proposal to comply with regulations. Vehicular Parking Quantity Standards: We recommend the applicant’s request to modify parking regulations. We believe that the Council could modify the regulations in this case by making the finding that public purposes would be served, to an equivalent or greater degree, because 58% of the proposed vehicular parking spaces are beneath buildings, thereby reducing impervious surface and enabling a wider buffer along the Army Corps of Engineers land.

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Steep Slope Regulations: We recommend that the Council grant the request for modification to steep slope regulations. We believe that the Council could modify the regulations in this case by making the finding that public purposes would be served, to an equivalent or greater degree, for the following reasons cited by the applicant:

• Access from NC Highway 54 is necessary. Crossing the steep slopes and Resource Conservation District, which run parallel to the highway, is unavoidable. A segment of the 25% sloped embankment at the front of the site must be disturbed in order to construct the entry road;

• Sanitary sewer service is necessary. The sewer main would extend from the OWASA pump station at The Cedars in Meadowmont eastward, traversing the adjoining UNC Foundation property and connecting to the northwestern edge of the Aydan Court site; and

• The Town, as part of its 2035 Long Range Transportation Plan, has identified specific areas in the NC Highway 54 corridor for development at higher intensities. One of these areas is NC 54 Planning Area 16, which includes Aydan Court and UNC Foundation properties.

Intensity Regulations – Height Limits: We recommend that the Council grant the request for modification to the height limits. We believe that the Council could modify the regulations in this case by making the finding that public purposes would be served, to an equivalent or greater degree because a floor of vehicular parking is being proposed beneath the condominium building, thereby reducing impervious surface and enabling a wider buffer along the eastern property line. Please refer to the applicant’s Proposed Modification to Regulations for additional information, attached. Affordable Housing: On June 21, 2010, the Council enacted the Inclusionary Zoning Ordinance, which will apply to applications approved after March 1, 2011. The Ordinance requires development applications that have five or more units to provide 15% of the units at prices that are affordable to low- to moderate-income households. In the past, the Town Council, in the course of applying its affordable housing policies, has indicated a preference for meeting affordable housing needs through the provision of affordable units on the site of proposed new residential development. The Inclusionary Zoning Ordinance now specifies on-site units as the anticipated method of meeting the affordable housing requirement. Alternative methods of meeting the affordable housing requirement (such as a payment-in-lieu) are delineated in the ordinance, and may be considered by the Council if proposed. With this application, seventy-nine market-rate units are proposed. Thus, the affordable housing requirement is for 11.85 affordable units. The applicant has submitted an Affordable Housing Plan as required by the Inclusionary Zoning Ordinance and is proposing an alternative method of meeting the affordable housing requirement that would provide 6 on-site affordable units and a payment-in-lieu to the Chapel Hill Affordable Housing Fund, to be used for support of off-site

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affordable housing, in lieu of providing the remaining 5.85 units on site. ($497,250 based upon the October 2010 payment-in-lieu fee of $85,000 per dwelling unit.) We anticipate that the Town will continue to receive development applications which propose alternatives including payments-in-lieu, either partial or in full, to meet the requirements of the Inclusionary Zoning Ordinance.. The Council has scheduled an Affordable Housing Work Session on November 29, 2010 to discuss a variety of affordable housing issues including a potential policy for when on-site units are preferable to accepting a payment-in-lieu of on-site unit. We believe that when deciding on whether to accept a payment-in-lieu of providing units on site, it would be reasonable for the Council to consider factors such as the location of the proposed development, type and size of housing units, whether it is located within the Chapel Hill – Carrboro City Schools district and access to public transportation. We anticipate that this work session discussion will provide the staff with direction about this issue and help guide our recommendation for the Aydan Court application. Therefore, in acknowledgement of the Council’s past practices and current discussions, we have preliminarily provided two options in Resolution A for the Special Use Permit regarding the affordable housing requirements. The first option is in accordance with the Council’s previous preference for on-site units and would require the provision of 11 on-site units and a payment-in-lieu for .85 units. The second would support the applicant’s proposal for 6 on-site units and a payment-in-lieu for 5.85 units, based on the outcome of the Council’s Affordable Housing Work Session discussion. However, we note that if the Council desires a different mix of on-site units and payment, or all on-site units, or all payment, Resolution A can be amended to reflect the chosen method of meeting the inclusionary zoning requirement. Access and Circulation Traffic Impact: Traffic Impact Analyses (TIA) for the proposed Aydan Court development was prepared by the Town consultants in September, 2010 in accordance with the Town TIA guidelines and procedures. A copy of the executive summary of the TIA is attached to this memorandum. The Aydan Court development is proposed to consist of 90 residential units with an anticipated build-out year of 2015 and analysis year 2015. The proposed development is projected to generate 644 daily trips consisting of 52 AM peak hour and 63 PM peak hour trips. Trip generation for the Aydan Court development is provided below:

Development Daily Trips AM Peak Trips

PM Peak Trips

Aydan Court 644 52 63 Trip generation is based on ITE Trip generation Manual, 8th Edition

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Noon peak is assumed to be the pm peak trips or average of am and pm peak trips.

This report analyzes and presents the transportation impacts that the Aydan Court Condominiums site will have on the following intersections along N.C. 54 (Raleigh Road), west to east:

• N.C. 54 and Barbee Chapel Road; • N.C. 54 and Little John Road; • N.C. 54 and Downing Creek Parkway/Future Site Driveway; and • N.C. 54 and Hunting Ridge Road.

Please see the TIA executive summary for more information on the analysis results. The Aydan Court applicant requested several changes to the median openings on NC Highway 54. Town staff met with staff from NCDOT and City of Durham and discussed the details of TIA findings and recommendations. The Town staff recommends the following roadway improvements for Aydan Court.

Recommended Roadway Improvements for Aydan Court

• Closure of Little John Road Median Break: Closure of the median break on NC Highway54 at Little John Road if this closure is not completed by others.

• Leftover and Left-Turn Lane on Westbound NC Highway 54: Construct of a left-over on NC Highway 54 at Downing Creek Parkway and construct an exclusive left-turn lane with a minimum of 150 feet of storage and the appropriate taper if these improvements are not built by others.

• Leftover and Left-Turn Lane on Eastbound NC Highway 54: Construction of a left-over on eastbound NC Highway 54 opposite the proposed Aydan Court entrance with an exclusive left-turn lane with 150 feet of storage and appropriate taper.

• Right-Turn Lane on Westbound NC Highway 54: Construction of an exclusive right-turn lane with a minimum of 100 feet of storage and the appropriate taper.

• Proposed Site Driveway/Public Street: Construction of a two-lane driveway/public street cross-section consisting of one ingress and one egress lane, providing right-in/right-out movement only.

• Connector Road Stub-out to Western Property Line: Construction of the proposed public street including a connector road stub-out to the western property line.

• Public Street within the Aydan Court Development: Construction of internal public streets designed to Town Standard (27 feet back-t-back in a 45-foot right-of-way)with heavy duty pavement and appropriate turn radii.

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• Acceleration Lane Westbound NC Highway 54: If NCDOT approves, construction of an

acceleration lane (designed as currently shown on the plans as a U-turn bulb for buses) on the westbound lane of NC Highway 54.

These recommended improvements have been incorporated into Resolution A. Vehicular Access: The proposed Aydan Court site abuts NC Highway 54. The proposed site driveway entrance would be positioned approximately opposite Downing Creek Parkway (entrance to a subdivision on the south side of the highway). Traffic movements at the Aydan Court driveway entrance would be right-in, right-out only. The applicant is proposing a median break and eastbound and westbound left turn lanes in NC Highway. For eastbound and westbound traffic on NC Highway 54 turning to enter Aydan Court or Downing Creek, we recommend (and NCDOT has approved) paired left over traffic movements. The North Carolina Department of Transportation has provisionally approved the proposed median break and cross-over plan on NC Highway 54. We believe these highway improvements will provide sufficient access, including emergency access, to the site, while mitigating the effects of new vehicular trips (Aydan Court-generated) on the highway. We recommend several roadway improvements, including those pertaining to the left turn movements and median breaks, as indicated in the transportation section immediately above. Stub Out to Western Property: In the Meadowmont Development, on the eastern property line, there is a stub out (Lloyd Field Road) to the property owned by the University of North Carolina. We recommend that prior to the issuance of a Zoning Compliance Permit, the applicant provide an internal street network design that includes a connector road stub out to the western property line. The stub out would connect through the adjacent property owned by the University of North Carolina Foundation and potentially to the Meadowmont development further to the west. We recommend that the location of this western connector road stub out be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We recommend that the applicant construct the connector road stub out to the western property line as proposed. We have included a stipulation to this effect in Resolution A. We recommend that when the proposed construction activity associated with the clearing and grading for the connector street road bed is complete, signage be located at the connector road stub out. We recommend that the signage indicate that 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. We recommend that the final plat and final plans include a note to read as follows: “Future development of the adjoining property to the west of Aydan Court will include a roadway connection to Aydan Court at the road stub out as shown on this final plan/plat.” We have included a stipulation to this effect in Resolution A. We recommend that the applicant submit to all purchasers of property and residential units a statement that duly discloses the proposed extension of a road stub out, specifying that the

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connector road will be extended for future development into the adjoining properties. We have included a stipulation to this effect in Resolution A. Transit: There are currently no bus stops in immediate proximity to the site. The nearest bus stop is approximately one half mile away along Barbee Chapel Road. The applicant proposes a median break on NC Highway 54, which will allow eastbound buses a place to turn around and stop along the highway frontage of the site. In addition, a bus pull off location is proposed along the north side of NC Highway 54 at this site’s frontage. We recommend that the developer design an ADA compliant bus stop (pad and extension of electrical service) at this location. This has been included as a stipulation in Resolution A. We anticipate future transit service through the site, connecting to the property owned by the University of North Carolina Foundation to the west and Meadowmont, as well as more immediate service along NC Highway 54. We recommend that the applicant provide internal streets designed to Town standard with heavy duty pavement and appropriate turn radii (outside vehicle turning radius of 44 feet and an inside vehicle turning radius of 22.5 feet) to accommodate a bus route through the site, from the NC Highway 54 site entrance to the stub out on the western property line. The street design would need to be reviewed and approved by the Town Manager. We have included a stipulation to this effect in Resolution A. Pedestrian Circulation: The applicant is proposing a 5-foot wide sidewalk along the frontages of Buildings #1 and #3, as well as sidewalk encircling Building #3. With this network, all buildings are connected to parking lots and streets with sidewalk. We recommend that all sidewalks and associated infrastructure be built to Town standard subject to Town Manager approval. We have included a stipulation to this effect in Resolution A. For information on the proposed multi-use trail and a pedestrian trail easement along the eastern property line, please see the recreation section later in this report. Vehicular Parking: The number of required vehicular parking spaces for the proposed multi-family development is a minimum of 120 and a maximum of 137. The applicant is proposing 146 vehicular parking spaces, with 85 (59%) being provided in covered parking garages and 61 being in surface parking lots. The applicant is requesting a modification to regulations to exceed the maximum number of permitted parking spaces by 9 spaces. Please refer to the Modification to Regulations Section for further discussion. In the event that private refuse collection is ever replaced by public refuse collection, between 6-9 of these additional spaces will be removed and replaced by a centrally located solid waste collection facility built to Town standards. Six parallel parking spaces are proposed along the internal public drive, with landscaped islands at either end of the stack. In the event that private refuse collection proves to be unfeasible in the underground garages as proposed, the developer proposes that these parking spaces be converted to a refuse service area.

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Accessibility Requirements: Five handicapped parking spaces are required and proposed with this development. We have included a stipulation regarding compliance with handicapped parking requirements in Resolution A. We recommend that the applicant design all handicapped parking spaces, ramps, crosswalks, and associated infrastructure according to Americans with Disabilities Act standards, North Carolina Accessibility Code, and Town standard. Code requirements include standards for the number, size and spacing of handicapped spaces, travel distance from parking spaces to buildings, ramp and sidewalk slope and other considerations. We have included a stipulation to this effect in Resolution A. Bicycle Parking: Subsection 5.9.7 of the Land Use Management Ordinance (updated of Oct 11, 2010) requires that the proposed development provide 23 bicycle parking spaces. The applicant is proposing 24 bicycle parking spaces, of which 18 spaces would be provided in the underground garage (Class II covered bike parking). We have included a stipulation in Resolution A requiring the applicant to provide a minimum of 90% Class I bicycle parking spaces (21) and a minimum of 10% class II bicycle parking spaces (3) as described as a general guide in the 2004 Design Manual. Landscaping and Architecture Landscape Buffers: The R-5-C zoning district requires landscape bufferyards along all perimeter property lines. Exterior landscape buffers are required along the NC Highway 54 frontage. Interior buffers are required on the north, east and west sides of the property. The following table indicates buffers:

Location Required Buffers Proposed Buffer

Site Frontage (NC Highway 54) Type “D”/ 30 ft. wide Type “D” 30 ft. wide All other Property Lines Type “B” / 10 ft. wide Type “B” 10 ft. wide

The applicant is proposing 10 foot Type “B” buffers around the internal perimeter of the site and a 30-foot Type “D” buffer on the frontage of the site. We recommend that the applicant provide the proposed bufferyards as stipulated in Resolution A. The adjacent Jordan Lake Watershed Property is owned by the Army Corps of Engineers but is managed by the North Carolina Wildlife Resources Commission (NCWRC) as gameland. The NCWRC typically recommends a 150-yard wide buffer around gamelands and the Army Corps of Engineers recommended a 100-foot wide buffer. However, given the infeasibility of such large buffers in this case, the Army Corps of Engineers recommended that the applicant provide, 1) as wide a buffer as possible, and 2) include language on the development plat and site plan that informs future homebuyers of the proximity of the gamelands and hunting activity to their homes. We have included a stipulation regarding informing future homebuyers in Resolution A. We recommend that notification signs, no smaller than 18” x 24”, be posted every 50 feet along the eastern property, adjacent to the Upper Little Creek Waterfowl Impoundment that clearly delineates the property line, stating that no hunting is allowed on the Aydan Court site, and that guns may not be discharged within 150 yards (450 feet) of the Aydan Court residential buildings. Landscape Screening and Shading: In addition to buffer requirements, we note that the

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applicant’s proposal must meet ordinance landscaping standards in the following sections of the Land Use Management Ordinance:

• Section 5.9.6(a): a 5-foot wide planting strip is required between the condominium building and adjacent surface parking areas.

• Section 5.9.6(b): an 8-foot wide planting strip is required at the entryway to the condominium parking area.

• Section 5.9.6(d): a minimum of 35% vegetative shading requirement is required in surface parking areas.

We have included stipulations to this effect in Resolution A. Landscape Protection and Planting Plan: There are approximately 222 specimen trees on the site, as defined by Subsection 5.7.6 of the Land Use Management Ordinance, of which 30%) are proposed to be saved. It appears that nearly the entire site meets the criteria of a “significant tree stand” with the possible exception of a small area on the top of the central bluff. The applicant proposes to plant 37 new canopy trees to offset the loss of trees due to site development. We recommend that a tree survey and Landscape Protection Plan be provided for the proposed off-site sewer construction, across the adjacent property owned by the University of North Carolina, to the OWASA pump station approximately 1,100 feet to the west. We have included a stipulation to this effect in Resolution A. We recommend that detailed landscape planting and maintenance plans be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A. Building Elevation and Lighting Plans: The Ordinance requires that detailed building elevations and lighting plans be approved by the Community Design Commission. We have included a stipulation for Community Design Commission approval, prior to the issuance of a Zoning Compliance Permit, for: 1) building elevations, including the location and screening of all HVAC/Air Handling Units, and 2) a lighting plan to ensure that the proposed lighting plan will minimize 1) upward light pollution and 2) offsite spillage of light, particularly along the property boundary shared with the Army Corps of Engineers. We have included a stipulation to this effect in Resolution A. Recreation Recreation Space - Multi-Use Trail and Informal Pedestrian Path: The Land Use Management Ordinance requires 12,709 square feet of recreation space. The applicant is proposing 16,000 square feet of recreation space in the form of a 10-foot wide multi-use along the NC Highway 54 frontage of the site; 1,350 linear feet of a 10-foot wide multi-use trail off-site along the NC Highway 54 corridor to connect to the Meadowmont trail; and a less formal pedestrian path along the eastern property line.

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Multi-Use Trail: We recommend that the applicant construct a 10-foot-wide multi-use trail across the approximately 530-foot frontage of the site, designed to American Association of State Highway and Transportation Officials (AASHTO). The trail should meet the American Disability Act (ADA) and Town standards, with grades no greater than five percent, and designed to support the weight of a vehicle. The proposed trail would be reviewed and approved by the Town Manager and NCDOT (where necessary) prior to the issuance of a Zoning Compliance Permit. We recommend that the applicant obtain an encroachment agreement from NCDOT We further recommend that users of non-motorized vehicles and motorized wheelchairs, as well as pedestrians, be entitled to use this public trail. Prior to issuance of a Zoning Compliance Permit it will be necessary to adjust the location of the proposed multi-use trail where it crosses the new street and the curb radii to move the stop bar on the new street closer to NC Highway 54. We have included these recommendations as stipulations in Resolution A. Future Little Creek Trail: The text in the Town’s Greenways Master Plan (January 2006) calls for the development of a natural surface trail adjacent to Little Creek from Meadowmont Park to NC Highway 54. Aydan Court’s location is suited to development of this foot trail. The areas of Aydan Court where we recommend the recordation of greenways easements would allow a future trail to be tied directly into the development’s sidewalk along the entrance drive and would provide a connection into the UNC property. We believe that in the vicinity of Aydan Court, the majority of this future trail will have to be located in Durham’s jurisdiction, on property owned by the US Army Corp of Engineers and managed by the North Carolina Division of Wildlife. However, the location of the Aydan Court property provides two opportunities to enhance the future trail. We recommend that prior to issuance of a Zoning Compliance Permit that the location of these easements be shown on the final plans and that prior to a Certificate of Occupancy the developer record greenway easements for the future Little Creek Trail. A greenway easement in the southeast portion of the property would allow the Town to construct the future trail to the sidewalk of the Aydan Court entrance road. This would provide direct access for the future residents of Aydan Court to the trail.

This recommendation is consistent with similar requests made of other developers throughout Town over a number of years to enhance the Town’s greenways system. The greenway easements would provide for preservation of the land in a natural state and would also give the Town the right to build, maintain, and use a public trail in a manner consistent with the Town’s Master Greenways Plan. Public Art: Opportunities for public art are limited, given NCDOT restrictions on what may be placed in its rights-of-way. For this reason, the applicant does not propose public art on site, but rather proposes participating in the Sculpture Vision program which arranges for public sculpture to be located throughout the Town. (Please refer to the following link for more information on the program: http://www.townofchapelhill.org/index.aspx?page=258) The applicant proposes that $1,500 of the Homeowners’ Association fees be paid to the Town annually for contribution to the Sculpture Vision Program. We recommend that appropriate language be incorporated in

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to the Homeowners’ Association documents, and that, prior to issuance of a Zoning Compliance Permit, the Homeowners’ Association documents be reviewed for approval by the Town Manager. A stipulation in Resolution A includes this recommendation. Environmental Energy Management Plan: On April 23, 2007, the Council adopted a resolution (attached) specifying the Council’s expectations for energy efficiency and an energy management plan for applicants seeking approval of rezoning applications. The applicant has submitted an application to rezone the site from Residential-1 (R-1) to Residential-5-C (R-5-C). We continue to discuss the Energy Management Plan with the applicant. We have included our standard Energy Management Plan stipulations in Resolution A. Upper Little Creek Natural Heritage Designation: North Carolina Significant Natural Heritage Areas are natural areas selected for their significance to protection of biodiversity. The Aydan Court site is located in the Little Creek Bottomlands and has been identified as a Significant Natural Heritage Area (SNHA) by the North Carolina Natural Heritage Program. The North Carolina Wildlife Resources Commission has recommended that the applicant conduct a wildlife assessment to determine possible negative impacts the proposed development could have on the site including strategies to minimize impacts to the greatest extent possible. We note that inclusion on the significant areas list does not confer protection to a site, nor give it regulatory status. The Chapel Hill Land Use Management Ordinance also does not require applicants to provide wildlife assessments. However, we do recommend that the applicant minimize impacts on the site. Watershed Protection District: The proposed development is located inside the Watershed Protection District. The applicant is proposing 40% impervious surface area (101,134 s.f.). Thus, the project would be subject to the high-density option for controlling stormwater runoff and must meet applicable performance standards in Section 3.6.4(g) of the Land Use Management Ordinance. We have included a stipulation to this effect in Resolution A. Resource Conservation District: The site has approximately 57,287 square feet of Resource Conservation District in three locations on the site, including that associated with 1) the intermittent stream running parallel to NC Highway 54 (50,208 s.f.), 2) the eastern side of the site (2,106 s.f.) and 3) the northern part of the site (4,973 s.f.). The Resource Conservation District on the property accounts for approximately 22.5% of the overall land area. The proposed entrance drive would cross the Resource Conservation District and associated intermittent stream that runs along the front of the site. It would be impossible to access the site from NC Highway 54 without crossing the Resource Conservation District. Ideally, a crossing would be perpendicular, but in order to facilitate smoother traffic movements into the site and to minimize grading, the crossing is proposed at an angle. Because of the trade-offs regarding traffic flow and impervious surface, we support this route. The applicant proposes to disturb approximately 16,400 square feet of the Resource Conservation District onsite. Extension of an OWASA sewer main would disturb Resource Conservation District

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offsite as well. We recommend that the disturbance of the Resource Conservation District limited to the minimum necessary for the following:

• Construction of the permanent cross culvert piping and headwalls to convey the intermittent stream beneath the proposed road entrance;

• Construction of the road entrance with a minimum 2 feet of compacted fill above the crown of the culvert;

• Installation of the necessary erosion and sediment control measures as approved by the Durham County Erosion Control Division for the construction site; and

• Extension of the sewer main.

We have included a stipulation to this effect in Resolution A. Impervious Surface: The site currently has no impervious surface on it. The applicant is proposing 41% impervious surface area (101,134 s.f.). The development is therefore subject to the high-density option for controlling stormwater runoff and must meet applicable performance standards in Section 3.6.4(g) of the Land Use Management Ordinance. We have included a stipulation to this effect in Resolution A. Steep Slopes: The site has some steep slopes, including areas with 10%-15% slope, 15%-25% slope and areas with over 25% slope. The steepest slopes comprise about 7.6% (19,475 s.f.) of the site are along the frontage as well as the center and rear southern parts of the site. Subsection 5.3.2 of the Land Use Management Ordinance requires that no more than one quarter of the slopes over 25% grade be disturbed. The applicant is proposing to disturb approximately 59.9% of the slopes over 25% grade (equates to 6,897 s.f. of disturbance beyond what the ordinance allows) and is requesting a modification to the steep slope regulations. Please refer to the Modifications to Regulations section for more detail. Stormwater Management: Prior to the issuance of a Zoning Compliance Permit the applicant must demonstrate compliance with the stormwater management performance criteria of the Land Use Management Ordinance for water quality, stormwater volume control, and stormwater runoff rates. Prior to the issuance of a Zoning Compliance Permit, we recommend that the applicant submit a stormwater management plan for the development. Based on the 25-year storm, the post development stormwater run-off rate should not exceed the pre-development rate. We recommend that prior to the issuance of a Zoning Compliance Permit, the applicant provide a Stormwater Management Plan that includes specifications and plan details. We recommend that the plan include details and cross sections of the outlet mechanisms for the water quality unit and underground detention structure. We also recommend an operations and maintenance plan and schedule for the proposed water quality unit. We have included a stipulation to this effect in Resolution A. We recommend that prior to issuance of a Zoning Compliance Permit, the applicant provide documentation that a 401 water quality certification permit or 404 permit from the State has been approved for the culvert crossing of the intermittent stream.

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Grading: We recommend that the grading plan show how areas on the adjacent property to the west will be graded to accommodate the proposed vehicular stub out and that the applicant provide documentation of authorization for off-site work. We have included this as a stipulation in Resolution A. Solar Collection Devices: We recommend that the homeowners’ associations, or similar entities, disallow covenants or other conditions of sale that restrict or prohibit the use, installation, or maintenance of solar collection devices including clothes lines. We have included this as a stipulation in Resolution A. Utilities and Services Refuse Management and Recycling: The applicant proposes private refuse collection with solid waste containers provided in the underground garages. Recycling collection will be provided by Orange County Recycling. We are not certain the refuse storage and collection area can be serviced in the interior location and arrangement proposed. If interior collection is determined to be unfeasible, we believe another approach for providing private collection with limited impact on site design would be to include a refuse compactor. In either case, we recommend that prior to issuance of a Zoning Compliance Permit, the applicant provide written confirmation from a private refuse collection service provider indicating that the provider has reviewed the plans and can provide collection service as designed in the underground garages. We recommend that Resolution A also include a stipulation indicating that refuse collection will be private and that a note be included on the plans and all associated deeds and Homeowners Association documents indicating that Town refuse collection service will be provided for this project in the future only upon construction of a solid waste collection facility meeting Town standards. To minimize the potential for refuse collection problems, should private collection prove unfeasible in the future, we recommend that the site plan demonstrate in scaled detail how public bulk refuse collection services will or could be provided. We have included a stipulation to this effect in Resolution A. Utilities: We recommend that the applicant provide final utility/lighting plans to be approved by Orange Water and Sewer Authority, Duke Energy Company, Time-Warner Cable, Public Service Company, AT&T or GTE, and the Town Manager before issuance of a Zoning Compliance Permit. The property owner will be responsible for assuring that these utilities, including cable television, are extended to serve the development. We have included a stipulation to this effect in Resolution A. Off-Site Sewer Main Extension: We recommend that the applicant provide off-site construction plans for the proposed utility construction for the extension of sewer service to the site, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

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Fire: We recommend that during final plan review in order for the Fire Department to consider decreasing the fire access distance to within 150 feet of the building exteriors, the applicant provide information on the proposed construction type for each building.

All site fire hydrants must be active and accessible prior to combustible construction materials arriving on site. We also recommend the applicant provide a marking plan to detail the markings for fire lanes and access to fire protection. These recommendations have been included as stipulations in Resolution A. We recommend that the applicant provide Final Plans that include designs of all of the required Fire Safety infrastructure as well as documentation and required plan notes, to be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A. Miscellaneous Recordation of Plat and Homeowners’ Association Documents: We recommend that the applicant include a note on plans, and also record a plat and record Homeowners’ Association (HOA) documents that includes:

• a statement notifying potential property owners that the subject site is adjacent to a State wildlife area on which hunting is permitted;

• a statement notifying potential property owners that the internal street may in the future be extended westward to connect to other development(s);

• disallowing the prohibition of solar collection devices (e.g. clotheslines, solar collectors); • a statement that refuse collection will be private, unless later approved by the Town for

public collection; and • a statement about the participation of the homeowners’ association in the Sculpture

Vision program, including an annual contribution of $1,500 to the program. Construction Management Plan: We recommend that a Construction Management Plan, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A. Construction Start/End Dates: The typical start deadline is within two years of Special Use Permit approval; end deadline is four years after approval. Because of unfavorable economic climate, the applicant requests additional time: a five-year start deadline and five additional years to complete. We have included a stipulation calling for the additional time for starting and completing construction. Traffic and Pedestrian Control Plan: We recommend that the applicant provide a Work Zone Traffic Control Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction. We have included a stipulation to this effect in Resolution A.

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Schools Adequate Public Facilities Ordinance: Because the proposed development is located in Durham County, the proposed development is not subject to the provisions of the Schools Adequate Public Facilities Ordinance with Chapel Hill-Carrboro City Schools. Open Burning: We have included a stipulation in Resolution A that prohibits open burning. Erosion Control: We recommend that an Erosion Control Plan for the site be approved by the Durham County Erosion Control Officer, and be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

SPECIAL USE PERMIT FINDINGS

Special Use Permit Findings For approval of a Special Use Permit, the Council must make the following findings, as set forth in Article 4.5.2 of the Land Use Management Ordinance: (a) That the use or development is located, designed, and proposed to be operated so as to

maintain or promote the public health, safety, and general welfare; (b) That the use or development complies with all required regulations and standards of this

Chapter, including all applicable provisions of the Land Use Management Ordinance; (c) That the use or development is located, designed, and proposed to be operated so as to

maintain or enhance the value of contiguous property, or that the use or development is a public necessity; and

(d) That the use or development conforms with the general plans for the physical development of

the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.

Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made, with the modification of regulations and rezoning noted previously.

CONCLUSION

The proposed Special Use Permit with conditions in Resolution A and proposed modifications to regulations complies with the requirements of the Land Use Management Ordinance, the Design Manual, and that the proposal conforms with the Comprehensive Plan, if the rezoning application is approved. Resolution A would approve the application with conditions. Resolution B would deny the application.

PROJECT FACT SHEET REQUIREMENTS Check List of Regulations and Standards

Special Use Permit Application

AYDAN COURT DEVELOPMENT STAFF EVALUATION

COMPLIANCE NONCOMPLIANCE Uses Permitted √ (With PD-H) PD-H Min Gross Land Area – 5 acres √ PD Relation to transportation facilities √ PD Relation to public utilities, facilities, and services √

PD Relation to physical character of the site √ PD Relation to energy use √ Minimum Lot Width √ Maximum Floor Area √ (With R-5-C Zoning Atlas

Amendment)

Minimum Recreation Space √ (With R-5-C Zoning Atlas Amendment)

Impervious Surface Limits √ Land Disturbance Minimized in RCD √ Maximum # Vehicular Parking Spaces With Modification to

Regulations

Minimum # Bicycle Parking Spaces √ Minimum # Loading Spaces N/A Maximum # Dwelling Units √(With R-5-C Zoning Atlas

Amendment and affordable housing density bonus)

Minimum Affordable Housing Units √ Minimum Street Setback √ (With R-5-C Zoning Atlas

Amendment)

Minimum Interior Setback √(With R-5-C Zoning Atlas Amendment)

Minimum Solar Setback √(With R-5-C Zoning Atlas Amendment)

Maximum Height Limit √ (With R-5-C Zoning Atlas Amendment and Modification

to Regulations)

Minimum Landscape Bufferyards √(With PD-H) Steep Slopes Compliance √ (with Modification to

Regulations)

Parking Lot Screening √ Public Water and Sewer √ Adequate Public Schools Facilities N/A

N/A = Not Applicable Prepared: October, 2010

ATTACHMENT 2 RESOLUTION A

(Approving the Special Use Permit Application) A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR AYDAN COURT PLANNED DEVELOPMENT- HOUSING BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that Aydan Court Special Use Permit, Planned Development – Housing proposed by Cazco, Inc., on property identified as Durham County Property Identifier Number 9788-04-94-5193, if developed according to the Site Plan, dated July 13, 2010, last revised September 20, 2010, and the conditions listed below would: 1. Be located, designed, and proposed to be operated so as to maintain or promote the public

health, safety, and general welfare; 2. Comply with all required regulations and standards of the Land Use Management Ordinance; 3. Be located, designed, and 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 modifications satisfy public purposes to an equivalent or greater degree: 1. Modification of Subsection 5.9.7 to modify the parking quantity standards to exceed the

maximum number of vehicles allowed by 9.

2. Modification of Subsection 5.3.2 to modify the steep slope regulations to exceed the maximum area allowed to be disturbed in the slopes greater than 25% (equates to 6,897 s.f. of disturbance beyond what the ordinance allows).

3. Modification of Table 3.8-1 to modify the intensity regulations as regards the primary

building heights for all three buildings.

This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree because 1) 59% of parking is proposed beneath the buildings, thereby minimizing impervious surface area, 2) steep slopes must be crossed to enter the site to accommodate the NCDOT approved median break on NC Highway 54, and 3) a floor of public parking is being proposed beneath the condominium building, reducing impervious surface.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for Aydan Court Planned Development-Housing in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. Construction Deadline: That construction begin by (five years from the date of Council

approval) and be completed by (ten years from the date of Council approval). 2. Land Use Intensity: This Special Use Permit authorizes a Planned Development-Housing

with:

Gross Land Area 254,180 sq. ft. (5.83 acres) Total Maximum Floor Area Allowed 118,884 sq. ft.

Residential Units No more than 90 units (79 market rate and 11 affordable units)

Minimum Affordable Residential Units 15% of market rate dwelling units (6 on-site units and a payment for 5.85 units)

Minimum Recreation Space 12,709 sq. ft. Maximum Impervious Surface Area 104,434sq. ft. Maximum Land Disturbance in the RCD 16,400 sq. ft. Vehicular Parking Spaces No more than 146 spaces Bicycle Parking Spaces At least 24 spaces

Affordable Housing

3. Affordable Housing Plan: That the applicant submit an Affordable Housing Plan to be

incorporated into an Affordable Housing Performance Agreement to be executed by the applicant, the Town Manager (or designee), and the non-profit agency that provides the following affordable housing contribution:

a. 15% the market rate units is 11.85 units (79 units X 15%) b. The applicant will construct 6 units on-site that will be affordable to households

earning less than 80% of the area median income by household size. c. The applicant will provide a payment of 5.85 multiplied by per unit payment

amount established annually by the Council. As of October, 2010, the per unit payment is $85,000 X 5.85 = $497,250.

d. The payment shall be made to the Town’s Affordable Housing Fund. e. Payment must be received prior to issuance of a Zoning Compliance Permit.

In addition to the affordable housing contribution, the Affordable Housing Plan shall provide the information required in section 3.10.4 of the Land Use Management Ordinance:

a) General information about the nature and scope of the covered development.

b) For Applicants that request an alternative to on-site provision of affordable housing, evidence that the proposed alternative will further affordable housing opportunities in the Town to an equivalent or greater extent than compliance with the otherwise applicable on-site requirements of this Section.

c) The total number of market rate units and Affordable Dwelling Units in the development. d) The number of bedrooms and bathrooms in each Affordable Dwelling Unit. e) The approximate square footage of each Affordable Dwelling Unit. f) The approximate location within any multifamily residential structure, or any subdivision

of land, of each Affordable Dwelling Unit. g) The pricing for each Affordable Dwelling Unit or Lot. The pricing of each unit or lot

shall be determined at time of approval. At time of sale this price may be adjusted if there has been a change in the median income or a change in the formulas used in this ordinance.

h) The order of completion of market rate and Affordable Dwelling Units. i) Documentation and specifications regarding the exterior appearance, materials and

finishes of the development for each of the Affordable Dwelling Units, unless it is stated that market rate units and Affordable Dwelling Units shall have identical exterior finishes. It is strongly encouraged that the appearance of affordable units be comparable to the appearance of market-rate units.

j) Documentation of features incorporated into the design of the Affordable Dwelling Units that accommodate lifelong living and aging in place. Examples of such features, also referred to as components of “Universal Design,” are elements that provide increased accessibility to and throughout the dwelling such as accessible points of entrance to the dwelling, wider doorways, and bedrooms accessible without steps.

k) Documentation of the extent to which construction of the affordable units incorporates energy-efficient and durable design and materials, to minimize ongoing maintenance costs for those units.

l) Any and all other information that the Town Manager may require that is needed to achieve the Council’s affordable housing goals.

Prior to issuance of a Zoning Compliance Permit, the Affordable Housing Plan and Performance Agreement shall be reviewed and approved by the Town Manager or his designee.

Transportation 4. Closure of Little John Road Median Break: That prior to the issuance of a Certificate of

Occupancy, the applicant shall close the median break on NC-54 at Little John Road if this closure is not completed by others. The design and construction details are subject to NCODT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.

5. Leftover and Left-Turn Lane on Westbound NC Highway 54: That prior to the issuance of a Certificate of Occupancy, the applicant shall construct a left-over on NC Highway 54 at Downing Creek Parkway and construct an exclusive left-turn lane with a minimum of 150 feet of storage and the appropriate taper if these improvements are not built by others. The

design and construction details are subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.

6. Leftover and Left-Turn Lane on Eastbound NC Highway 54: That prior to the issuance of a

Certificate of Occupancy, the applicant shall construct a left-over on eastbound NC Highway 54 opposite the proposed Aydan Court entrance with an exclusive left-turn lane with 150 feet of storage and appropriate taper. The design and construction details are subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.

7. Right-Turn Lane on Westbound NC Highway 54: That prior to the issuance of a Certificate

of Occupancy, the applicant shall construct an exclusive right-turn lane with a minimum of 100 feet of storage and the appropriate taper. The design and construction details shall be subject to NCDOT and Town Manager approval prior to issuance of a Zoning Compliance Permit.

8. Acceleration Lane/Bus Turnaround on NC Highway 54: That if NCDOT approves such an

improvement, prior to the issuance of a Certificate of Occupancy, the applicant shall construct an acceleration lane (designed as currently show on the plans as a U-turn bulb for buses) on the westbound lane of NC Highway 54. The design and construction details shall be subject to NCDOT and Town Manager approval prior to issuance of a Zoning Compliance Permit.

9. Public Street within the Aydan Court Development: That the applicant shall design a public

street connecting NC 54 with the UNC-Chapel Hill Foundation Inc. property located to the west of Aydan Court to Town standards (27 feet back-to-back within a 45-foot right-of-way) with heavy duty pavement and appropriate turn radii, with design and construction details to be reviewed and approved by the Town Manager prior to approval of a Zoning Compliance Permit. At the entrance to NC Highway 54 East, the applicant shall construct a two-lane driveway cross-section consisting of one ingress lane and one egress lane, providing right-in/right-out movement only. The applicant shall construct the connector road stub out connection to the western property line prior to the issuance of a Certificate of Occupancy.

11. Connector Road Stub-out Signage: That signage shall be installed at the connector road stub-

out at such time when construction activity associated with the clearing and grading for the connector street road bed is complete. The signage shall indicate that 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. That the Homeowners’ Association documents, final plat and final plans shall include a note stating that “Future development of the adjoining property to the west of Aydan Court will include a roadway connection to Aydan Court at the road stub-out as shown on this final plan/plat”.

12. Connector Road Stub-out Disclosure: That the applicant shall provide a disclosure statement to all purchasers of property and residential units specifying that the connector road in Aydan Court will be extended for future development into the adjoining property.

13. Public Street within the Aydan Court Development: That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide internal streets designed to Town standard with heavy duty pavement and appropriate turn radii to be reviewed and approved by the Town Manager.

14. Accessibility Requirements: The applicant shall provide a minimum of 5 handicapped

parking spaces and design all handicapped parking spaces, ramps, and crosswalks, and associated infrastructure according to Americans With Disabilities Act standards, North Carolina Accessibility Code, and Town standard. Code requirements include standards for the number, size and spacing of handicapped spaces, travel distance from parking spaces to buildings, ramp and sidewalk slope and other considerations.

15. Transit Improvements - Internal to Site: That prior to the issuance of a Zoning Compliance

Permit, the applicant shall provide internal public street designed to Town Standard (27-feet back-to-back within a 45-foot right-of-way) with heavy duty pavement and appropriate turn radii (outside vehicle turning radius of 44 feet and an inside vehicle turning radius of 22.5 feet), to accommodate a bus route through the site, from the NC Highway 54 site entrance to the stub-on the western property line, to be reviewed and approved by the Town Manager.

16. Transit Improvements – NC Highway 54: That prior to the issuance of a Zoning Compliance

Permit, the applicant shall provide the design for an appropriately located and dimensioned ADA compliant bus-stop pull-off and a bus-stop stop (pad and extension of electrical power) located along the north side of NC Highway 54 frontage on the west side of the driveway entrance to the site, subject to Town Manager and NCDOT approval.

17. Bicycle Parking: That at least 24 bicycle parking spaces be provided, with a minimum of 21

Class I bicycle parking spaces and a minimum of 3 class II bicycle parking spaces as described in the 2004 Design Manual.

Landscaping and Elevations

19. Landscape Buffers: That the applicant shall provide the following landscape buffers:

Location Buffer Site Frontage (NC Highway 54) Type “D” 30 ft. wide All other Property Lines Type “B” 10 ft. wide

20. Landscape Screening and Shading: That the following landscaping standards of the Land Use

Management Ordinance shall be provided: Section 5.9.6(a): a 5-foot wide planting strip between the condominium building and

adjacent surface parking areas. Section 5.9.6(d): a minimum of 35% vegetative shading in surface parking areas.

21. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which significant tree stands, rare and specimen trees shall be removed and which preserved, including critical root zones of all rare and specimen trees, detail of protective fencing

(including chain link fencing) and construction parking and materials staging/storage areas, and Town standard landscaping protection notes, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

22. 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.

23. Hunting Safety Signs: That, prior to the issuance of a Certificate of Occupancy, the applicant shall provide notification signs, no smaller than 18” x 24”, posted every 50 feet along the eastern property, adjacent to the Upper Little Creek Waterfowl Impoundment that clearly delineates the property line, stating that no hunting is allowed on the Aydan Court site, and that guns may not be discharged within 150 yards (450 feet) of the Aydan Court residential buildings.

24. Offsite Landscape Protection Plan: That the applicant shall provide a tree survey and an

offsite Landscape Protection Plan for the proposed off-site sewer construction, across the adjacent property owned by the University of North Carolina, to the OWASA pump station approximately 1,100 feet to the west, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit. Any necessary off-site construction easements shall be recorded prior to issuance of a Zoning Compliance Permit.

25. Invasive Exotic Plant Management: That the applicant shall provide information for the

management of invasive exotic plant growth (including kudzu) and have the management method approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

26. Building Elevations: That the Community Design Commission shall approve building

elevations including the location and screening of all HVAC/Air Handling Units for this project, prior to issuance of a Zoning Compliance Permit.

27. Lighting Plan: That the Community Design Commission shall approve a lighting plan for this

site and 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, prior to issuance of a Zoning Compliance Permit.

Resource Conservation District

28. Resource Conservation District Encroachment: That a Resource Conservation District

Encroachment for all on-site and off-site work pertaining to the development, shall be obtained from the Town Manager as part of Final Plan Approval for the land disturbance proposed within the Resource Conservation District including erosion and sediment control measures for the construction site and a driveway crossing of the intermittent stream with culvert and headwall construction.

29. Land Disturbance Activity Limited in the Resource Conservation District: That all on-site and off-site land disturbance within the Resource Conservation District shall be minimized to the extent necessary to construct the driveway entrance, the off-site sewer, and to install the necessary erosion and sediment control measures for the construction site, and a road crossing of the intermittent stream with culvert and headwall construction, subject to review and approval by the Town Manager. Land disturbance on-site within the Resource Conservation District shall be limited to approximately 16,400 square feet.

30. Resource Conservation District Boundaries: That the on-site and off-site 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.”

31. Impervious Surface Limited in the Resource Conservation District: The on-site impervious

surface within the Resource Conservation District shall be limited to only the minimum amount necessary in order to construct the road entrance, public road and associated sidewalks, curb and gutter, culvers, and other necessary public improvements, subject to review and approval by the Town Manager. Impervious surface on-site within the Resource Conservation District shall be limited to approximately 5,800 square feet.

Environment

32. 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. This project must comply with the stormwater management requirements of the Land Use Management Ordinance to provide for 85 percent total suspended solids removal from the increased impervious area, retention for 2-5 days of the increased volume of stormwater runoff from the 2-year, 24-hour storm, and control of the stormwater runoff rate for the 1-year, 2-year, and 25-year storms.

No stormwater management structures are permitted in the rights-of-way or building setbacks. This includes the outlet structure and stabilization, any underdrains, and the downgradient toe of french drains. Further, the discharge must be in a sheet flow condition.

33. Stormwater Facilities, Easements, and Operations and Maintenance Plans: All stormwater

detention, treatment and conveyance facilities located above and below the ground shall be contained within an easement entitled: “Reserved Stormwater Facility Easement Hereby Dedicated” and shall be reserved from any development which would obstruct or constrict the effective management, control, and conveyance of stormwater from or across the property, other than the approved design and operation functions. A copy of the final plat or easement exhibit, signed and sealed by a North Carolina-registered Land Surveyor and recorded by the County Register of Deeds, and containing the following notes shall be submitted prior to issuance of the Certificate of Occupancy.

• All engineered stormwater management control, treatment, and conveyance structures above and below the ground shall be wholly located within an easement entitled: "Reserved Stormwater Facility Easement Hereby Dedicated" and shall be reserved from any development which would obstruct or constrict the effective management, control, and conveyance of stormwater from or across the property, other than the approved design and operation functions.

• All engineered stormwater management control, treatment, and conveyance structures on

and below the ground shall be wholly located within an easement entitled: "Reserved Stormwater Facility Easement Hereby Dedicated" and shall be reserved from any development which would obstruct or constrict the effective management, control, and conveyance of stormwater from or across the property, other than the approved design and operation functions. A suitable maintenance access (minimum 20’ wide) to accommodate heavy equipment from the nearest public right-of-way to the Reserved Stormwater Facility Easement must be provided and shown on the plans.

• The "Reserved Stormwater Facility Easement(s)" and the facilities it/they protect are considered to be private, with the sole responsibility of the owner to provide for all required maintenance and operations as approved by the Town Manager.

• The Reserved Stormwater Facility Easement and the Operations and Maintenance Plan

are binding on the owner, heirs, successors, and assigns.

35. Stormwater Operations and Maintenance Plan Recordation: Prior to issuance of a Certificate of Occupancy (C/O), a Stormwater Operations and Maintenance Plan, signed by the owner and recorded by the County Register of Deeds, shall be provided for the proposed stormwater management facilities and submitted to the Stormwater Management Engineer for approval. A schedule of inspection and maintenance tasks shall be included.

36. State or Federal Approvals: That any required State or Federal permits or encroachment

agreements (e.g. 401 water quality certification, 404 permit) 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.

37. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit

of wet or dry silt on adjacent paved roadways. 38. Steep Slopes: That prior to issuance of a Zoning Compliance Permit, the applicant shall

include a map indicating how development and construction will comply with the steep slopes regulations in the Land Use Management Ordinance, subject to Town Manager review and approval

During the construction phase, additional erosion and sediment controls may be required if the proposed measures do not contain the sediment. Sediment leaving the property is a violation of the Town’s Erosion and Sediment Control Ordinance.

39. Erosion Control Bond: 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.

40. Erosion Control: The applicant shall provide a copy of the approved erosion and sediment control permit from Durham County Erosion Control Division prior to receiving a Zoning Compliance Permit.

41. Erosion Control Inspections: That, in addition to the requirement during construction for

inspection after every rainfall, the applicant shall inspect the erosion and sediment control devices daily, make any necessary repairs or adjustments to the devices, and maintain inspection logs documenting the daily inspections and any necessary repairs.

42. Curb Inlets: The applicant shall provide pre-cast curb inlet hoods and covers stating, "Dump

No Waste! Drains to Jordan Lake", in accordance with the specifications of the Town Standard Detail SD-5A, for all new curb inlets for private, Town and State rights-of-way.

Energy Management

43. Energy Management Plan: That the final plan application include an Energy Management

Plan (EMP) to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The plan shall:

a) consider utilizing sustainable energy, currently defined as solar, wind, geothermal, biofuels, hydroelectric power; b) consider purchase of carbon offset credits and green power production through coordination with the NC GreenPower program; (c) provide for 20 percent more efficiency that also ensures indoor air quality and adequate access to natural lighting, and allows for the proposed utilization of sustainable energy in the project; and (d) that the property owner reports to the Town of Chapel Hill the actual energy performance of the plan, as implemented, during the period ending one year after occupancy.

The EMP shall also be formatted to Town standards and shall include pre-construction energy models to demonstrate the anticipated energy efficiency as compared to base building. To address item (d) above, the applicant shall submit post-construction energy models one year after 85% occupancy, or certification from a recognized standard which demonstrates the actual energy performance of the applicable structures.

44. Energy Efficiency: That the final plans shall incorporate a “20 percent more energy efficient” feature relative to the 2004 energy efficiency standard of the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE), as amended and in effect at the time of Special Use Permit issuance. 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 the applicant when incorporating the “20 percent more energy efficient” feature into the final plans.

45. Solar Collection Devices: That the homeowners associations, or similar entities, shall not

include covenants or other conditions of sale that restrict or prohibit the use, installation, or maintenance of solar collection devices including clothes lines.

Recreation

46. Recreation Improvements:

(a) Multi-use Trail:

• That the applicant shall construct a 10-foot-wide multi-use trail across the

approximately 530-foot frontage of the Aydan Court site and 1,350 feet frontage of the UNC-Chapel Hill Foundation Inc. property to the west, designed to American Association of State Highway and Transportation Officials (AASHTO), American Disability Act (ADA), and Town standards, with grades no greater than five percent and designed to support the weight of a maintenance vehicle. The proposed trail design and construction details, including a signage and pavement marking plan, shall be reviewed and approved by the Town Manager and NCDOT prior to the issuance of a Zoning Compliance Permit;

• That the applicant shall obtain an encroachment agreement from NCDOT for the

construction of the trail and that the trail shall be in place prior to issuance of a Certificate of Occupancy;

• that users of non-motorized vehicles and motorized wheelchairs, as well as

pedestrians, be entitled to use this public trail.

(b) Future Upper Little Creek Trail:

• The applicant shall provide a greenway easement suitable for a natural surface trail from the project’s entrance drive to the US Army Corp of Engineers property. The easement shall be of a size and location acceptable to the Town Manager. The purpose of the easement would be to encompass a future trail connection between the future Dry Creek Trail and the Aydan Court project.

Stipulations Related to Water, Sewer, and Other Utilities

47. Sewer Line Construction: That all plans be approved by OWASA and constructed according to their standards. Where sewer lines are located beneath drive aisles and parking areas construction methods approved by OWASA shall be employed, to ensure that sewer lines will not be damaged by heavy service vehicles. Final plans shall be approved by OWASA and the Town Manager prior to issuance of a Zoning Compliance Permit.

48. Overhead Power Lines: That all proposed or relocated utility lines other then 3-phase electric

power distribution lines shall be located underground. 49. Utility/Lighting Plan Approval: That the final utility/lighting plan shall be approved by

Orange Water and Sewer Authority, Duke Energy Company, TimeWarner Cable, Public Service Company, AT & T 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.

50. OWASA Easements: That easement documents as required by OWASA and the Town

Manager shall be recorded prior to issuance of a Zoning Compliance Permit. 51. Offsite Construction Plans: That the applicant provide plans for off-site construction for the

proposed extension of the OWASA sewer line to the northwest of the site, subject to Town Manager and OWASA approval, prior to issuance of a Zoning Compliance Permit.

State and Federal Approvals

52. State or Federal Approvals: That any required State or federal permits or encroachment

agreements shall be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.

53. NCDOT Approvals: That the following shall be approved by NCDOT prior to issuance of a

Zoning Compliance Permit:

• plans for improvements to State-maintained roads; and • encroachment agreement for the multi-use trail along the NC Highway 54

frontage.

Fire Safety 54. Firefighting Equipment Access: That Final Plans shall clearly indicate emergency fire access

for the Town’s firefighting equipment to within 150 feet of all exterior points of the proposed buildings. Because the buildings will have fire suppression sprinklers, this distance may be increased somewhat upon satisfactory demonstration to the Fire Marshal that building design and materials warrant such an increase. This access shall be unobstructed, constructed of an all-weather surface, and shall be designed to carry the imposed load of the Town’s firefighting equipment (75,000 lbs). Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

55. Fire Apparatus Access and Road Design: That Final Plans shall include the following note, “Any and all roads, driveways or dedicated fire lanes used for fire department access shall be all-weather and designed to support to carry the imposed load of fire apparatus weighing 75,000 lbs. Fire access roads shall have a minimum width of 20 feet with overhead clearance of 13 ft. 6 in.” Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

That the Final Plan application shall include designs of all turn radii, bridges, and depressions within roadways to be accessible by the largest fire apparatus operated by the Town of Chapel Hill. That Final Plans shall also include details for signage, bollards, and/or pavement markings used to prevent parking that would hinder fire apparatus access. Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

56. Fire Hydrants and FDC Locations: That fire hydrants shall be operational prior to the delivery of construction materials to the site. The Final Plans must indicate the locations of existing and proposed fire hydrants and Fire Department Connections (FDC). Fire Department Connections shall be located on the street side of the building within 150 feet of a hydrant. Hydrant spacing shall comply with the Town Design Manual. Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

57. Fire Apparatus Access and Service During Construction: That Final Plans shall include the following note, “When fire apparatus access roads or a water supply for fire protection are required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction, except when approved alternate means of fire protection are provided.” Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

58. Fire Prevention During Demolition and Construction: That Final Plans shall include the

following note, “During demolition and/or construction, all aspects of Chapter 14 of the NC Fire Prevention shall be followed. The owner/developer shall designate one person to be the Fire Prevention Program Superintendent who shall be responsible for enforcing Chapter 14 of the NCFPC and the on-site fire prevention program and ensure that it is carried out through completion of the project.” Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

59. Firefighting Equipment Access During Construction: That Final Plans shall include the

following note, “During construction, firefighting vehicle access shall be provided. Temporary street signs shall be installed at each street intersection when construction allows the passage of vehicles. Signs shall be of an approved size, weather resistant and maintained until replaced by permanent signs.” Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

60. Fire Flow Report: That the Final Plan application shall include a fire flow report sealed by an

Engineer registered in the State of North Carolina. Fire flow shall meet the required flow set

forth in the Town Design Manual. Design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

61. Automatic Sprinkler System: That the applicant shall install an automatic sprinkler system in

accordance with Town Code subject to Town Manager review and approval prior to issuance of a Zoning Compliance Permit.

62. Fire Hydrant Accessibility: That all structures must be located within 500 feet of a fire

hydrant. That the applicant shall maintain a 50-foot maximum distance between fire hydrants and fire department connections, in a clearly visible and accessible location on the street side of buildings, subject to Town Manager review and approval prior to issuance of a Zoning Compliance Permit.

Solid Waste Management and Recycling

63. Refuse Facilities: For private refuse collection, if interior refuse collection from the proposed

garages is determined to be unfeasible, a refuse compactor shall be provided. In either case, we recommend that prior to issuance of a Zoning Compliance Permit, the applicant shall provide written confirmation from a private refuse collection service provider indicating that the provider has reviewed the plans and can provide collection service as designed in the underground garages. A note shall be included on the plans and all associated deeds and Homeowners’ Association documents indicating that Town refuse collection service will not be provided for this project unless a solid waste collection facility designed and constructed to Town standards has been approved by the Town Manager.

To minimize the potential for future refuse collection problems, should private collection prove unfeasible in the future, the site plan shall indicate with a scaled detailed drawing how public bulk refuse collection services could be provided, with the design and location(s) subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

64. Solid Waste Management Plan

: The Town of Chapel Hill and Orange County require that a Solid Waste Management Plan be developed for this project. The plan should address how land clearing, demolition, and construction wastes will be disposed of and if recyclables and waste generation rates have been considered in planning for waste collection services. The detailed Solid Waste Management Plan, including a recycling plan and a plan for managing and minimizing construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The approved Final Plans shall include the following:

a. That the collection vehicle access route to any area containing recyclable material collection containers be paved with all-weather, heavy-duty pavement OR the following note be included on the plans and recorded on the plat: “Orange County will not be responsible for any pavement damage that may result from service vehicles.”

b. That the revised plans show lighting details that adequately illuminate the recycling and

refuse site.

c. The intended path of service to/from the recycling carts must be provided at appropriate

slope and a handicapped service door and ramp be provided for cart access.

67. Design of Recycling Area

: That the design for the proposed recycling areas in the underground garages shall include the following features, which shall be noted on the final plans:

• Carts are located on grade level with direct access into the facility from the parking area;

• Maximum distance should not exceed 50 feet from the parking area to the cart location;

• Collection vehicles shall not enter the ramps of underground parking areas; and • Collection vehicle routes have adequate turn radii and no significant obstacles to

ingress and egress.

68. Recycling Details

: That the applicant shall provide an outdoor loading area for the recycling carts designed for the condominium building and signed to say “For temporary storage of recycling carts on collection day only.” That this loading area shall be located near the entrance to the condominium under building parking (on the parking lot side of the drive aisle) to facilitate refuse truck movement. The area shall be shown on Final Plans and if necessary a ramp shall be provided to avoid the need to pull carts over a curb (ADA style curb-cut desired). Such plans and details shall be submitted to and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

69. Final Plan Notes

: That the applicant shall place the following notes on Final Plans prior to issuance of a Zoning Compliance Permit:

a. That the applicant hold a pre-construction conferences with Orange County Solid Waste staff.

b. Any gate design shall include gate retainers. c. The user shall be responsible for opening gates to the dumpster area on collection

days of any material(s) to be collected from this location. d. By Orange County Ordinance, clean wood waste, scrap metal and corrugated

cardboard, all present in construction waste, must be recycled. e. By Orange County Ordinance, all haulers of construction waste shall be properly

licensed. f. Prior to any construction activity on the site the applicant shall hold a pre-

demolition/pre-construction conference with the County’s Solid Waste staff. This may be the same meeting held with other development officials.

g. If any vehicles are parked in the refuse or recyclables collection vehicle access area, the containers will not receive service until the next scheduled collection day.

70. Dumpsters: The final plans shall include a second dumpster for recyclable cardboard. Each dumpster shall be labeled, in the field and on the final plans, as to the type of material to be collected.

71. Label Dumpsters: That in the field and on the final plans, each bulk waste container shall be labeled as to the type of material to be collected.

72. Heavy Duty Paving/Waiver: Tthe collection vehicle access route to any area containing recyclable material collection containers shall be paved with all-weather, heavy-duty pavement meeting the Town standards OR the following note be included on the plans and recorded on the plat: “Orange County will not be responsible for any pavement damage that may result from service vehicles.”

Miscellaneous

73. Recordation of Plat and Homeowners’ Association Documents: That the applicant shall include a note on plans, shall record a plat and shall record Homeowners’ Association (HOA) documents that includes: • a statement notifying potential property owners that the subject site is adjacent to a

state wildlife area on which hunting is permitted; • a statement that refuse collection will be private, unless later approved by the Town

for public collection; and • a statement about the perpetual participation of the homeowners’ association in the

Sculpture Vision program, including an annual contribution of $1,500 to the program.

74. Public Art: That $1,500 of the Homeowners’ Association fees be paid to the Town annually for contribution to the Town’s Sculpture Vision Program.

75. Construction Management Plan: That a Construction Management Plan, be approved by

the Town Manager prior to issuance of a Zoning Compliance Permit. The construction management plan shall: 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.

76. Traffic and Pedestrian Control Plan: That the applicant shall provide 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. will be safely maintained. The plan must be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. 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.

77. Construction Sign Required: That the applicant shall post a construction sign at the development site 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 32 square feet of display area and maximum height of 8 feet. (§5.14.3(g) of LUMO). The sign shall be non-illuminated, and shall consist of light letters on a dark background. A detail of the sign shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

78. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans,

stormwater management plans (with hydrologic calculations), landscape plans, and landscape maintenance plans shall 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 Land Use Management Ordinance and the Design Manual.

79. Certificates of Occupancy: That no Certificates of Occupancy shall 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.

80. As-Built Plans: That prior to the issuance of a Certificate of Occupancy, the applicant

shall provide certified as-built plans for building footprints, parking lots, street improvements, storm drainage systems and stormwater management structures, and all other impervious surfaces. The as-built plans should be in DXF binary format using State plane coordinates and NAVD 88.

81. Traffic Signs: That the property owners shall be responsible for placement and

maintenance of temporary regulatory signs before issuance of any Certificates of Occupancy.

82. 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.

83. Vested Right: This Special Use Permit constitutes a site specific development plan establishing a vested right as provided by N.C.G.S. Section 160A-385.1 and Appendix A of the Chapel Hill Land Use Management Ordinance.

84. Continued Validity: That continued validity and effectiveness of this approval shall be

expressly conditioned on the continued compliance with the plans and conditions listed above.

85. 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 Aydan Court Development.

This the _____ day of__________, 2011.

ATTACHMENT 3 RESOLUTION B

(Denying the Special Use Permit Application) A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR AYDAN COURT MULTI-FAMILY DEVELOPMENT BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that Aydan Court Special Use Permit, Multi-Family Development proposed by Cazco, Inc., on property identified as Durham County Property Identifier Number 9788-04-94-5193, if developed according to the Site Plan, dated July 13, 2010 and revised September 20, 2010, and the conditions listed below would not: 1. Be located, designed, and proposed to be operated so as to maintain or promote the public

health, safety, and general welfare; 2. Comply with all required regulations and standards of the Land Use Management Ordinance; 3. Be located, designed, and operated so as to maintain or enhance the value of contiguous

property; and 4. Conform with the general plans for the physical development of the Town as embodied in the

Land Use Management Ordinance and in the Comprehensive Plan. BE IT FURTHER RESOLVED THAT the Council finds: [ADD REASONS HERE] NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for a Special Use Permit for The Aydan Court Development.

This the _____ day of__________, 2011.

To Mayor Kleinschmidt and Council Members: Mistakes are made everyday. Conventional wisdom tells us to “own up to our mistakes and move on.” What may happen if that wisdom is not heeded is a never-ending series of plans trying to fix that mistake. Such is the case with Aydan Court. What is the justification for the level of density proposed in the Aydan Court Concept Plan? Have your copy of the NC 54 Corridor Study handy! According to the submitted Aydan Court overview, density is justified because the NC 54 Corridor Study recommends Mixed Use 1 for the site, which allegedly lies within a ½ mile radius of the nearest planned transit hub. In actuality, Aydan Court lies only partially within the ½-mile transit radius. Additionally, for the small part of the site that lies in that radius, Mixed Use 2 (not M/U 1) development is recommended. Basing density on recommendations on an (as yet) unendorsed Transit Corridor plan is not prudent for many reasons. Council could consider citizen comments from workshop 3 of the study group and discover that 49% of the respondents strongly disliked the Land Use Designations suggested, 21% found themselves somewhere in the middle, and only 31% of citizens participating approved of them. Council could also note that M/U 2 was a recommendation for a number of areas on NC 54, but not necessarily all of them. Recommendations are based on the idea that development on a particular site is responsible and unencumbered by significant environmental constraints. The Corridor Study did not evaluate the specific Aydan Court site for environmental fragility – rather it was a recommendation based on corridor location. Although Aydan Court would be sited on a transit corridor, density is recommended for nodes, NOT ALL ALONG any transit corridor. And, as I learned the hard way on the Northern Area Task Force, recommendations are just that - they hold no force of law.

Chapel Hill is trying to strike a balance on many levels for our future growth. We have valid economic concerns as well as the need and obligation to provide all developers with clarity about what kind of growth the Town wants and where it would be located. We worry about our homeless and our neighborhoods, our schools and our infrastructure. I am sure that one of the issues that everyone can agree on is the need to protect our environment. Your responsibilities in protecting the greater good and welfare of the Town, representing all the citizens of Chapel Hill, and standing up for our only real enduring asset - our land - require you to analyze this concept plan with a judicious eye. Please remember that this land was bought, with open eyes, 2 years AFTER the steep slopes ordinance was approved, despite the steep slopes that exist there. We have many plans for development approved and in the works, but we have so few old hardwood forests, like the ones on this tract, remaining. In weighing the pros and cons of this application, please consider what makes this specific development vital enough to Chapel Hill for this sacrifice. Much of this application is based on assumptions rather than fact. Effects on the Jordan Lake watershed, transit routes that are not on the books, supporting UNC Foundation development that has not been proposed (nor is it planned to be in the near future), all try to build a case for a positive response on shaky ground. In essence, this application is not an improvement from the original one. Please communicate to the applicant that some mistakes are harder to fix than others are. Purchasing this land with the expectation that environmental concerns would be set aside was a mistake, as was justifying density on erroneous information. There IS no justifiable reason for the density proposed or for the environmental degradation that will occur. Perhaps when the UNC Foundation decides to consider development to the west of this property (further away from the most environmentally sensitive areas), the applicant will be able to envision a more responsible adjoining property.

Del Snow 6/15/2010

North Carolina Wildlife Resources Commission

Division of Wildlife Management Mailing Address: 1722 Mail Service Center, Raleigh, N.C. 27699-1722

Physical Address: 1751 Varsity Drive, Raleigh, N.C. 27606 Phone: 919-707-0050

Fax: 919-707-0067

MEMORANDUM Date: 11 December 2007 To: Dana Stidham, Senior Planner, Town of Chapel Hill From: Jacquelyn Wallace, Urban Wildlife Biologist, NC Wildlife Resources Commission Subject: Aydan Court Townhomes and Condominiums

Pursuant to your request, the NC Wildlife Resources Commission has reviewed site plans for the proposed Aydan Court Townhomes and Condominiums project to be located along NC Highway 54 in Chapel Hill. The comments below describe this project’s potential impacts on wildlife resources, and provide suggestions on ways the applicant could attempt to minimize such impacts.1

As shown on the attached map, this development project will be located adjacent to NC

Wildlife Resources Commission Game Land. Although the property around Jordan Lake Reservoir is technically owned by the US Army Corps of Engineers, it is managed by the NC Wildlife Resources Commission as Game Land, meaning that hunting, prescribed burning, logging, and other activities occur on this property.

We typically recommend establishing a 150-yard hunting safety buffer (as indicated by dark

green line on the attached map) around Game Land boundaries, and discourage building permanently inhabited structures within this boundary. We recognize this proposed development

1 Please Note: These comments are intended to assist applicants and decision makers proactively minimize adverse impacts to wildlife resources. Although following these measures may help development projects meet requirements of applicable environmental permits, these comments are not regulatory in nature, and do not represent all measures needed to meet requirements of the environmental permits. These comments may also not address all concerns of the NCWRC regarding construction or mitigation for this specific project.

PAGE 2

project is located almost entirely within this boundary, and this type of buffer may not be possible. We therefore recommend the applicant:

1. Establish the widest buffer possible between the Game Land boundary and permanently inhabited residences, and

2. Include language on the development plat to inform future homebuyers that these home sites will be located adjacent to Game Land.

In addition, as shown on the attached map, this property is located entirely within part of

a state-designated Significant Natural Heritage Area (SNHA), the Little Creek Bottomlands.2 Due to the ecological value of Significant Natural Heritage Areas, we typically suggest that development sites containing SNHAs place a building envelope, no build easement, or permanent conservation easement on the portion of a site that falls within SNHA boundary. Because this site is situated entirely within an SNHA boundary, we recognize this type of protection will not be possible. Therefore, we recommend the applicant:

3. Conduct an environmental assessment to identify 1) negative impacts this development will have on the SNHA, and 2) strategies the applicant could take to avoid, minimize, and mitigate for these impacts, and

4. Attempt to minimize impacts to Little Creek Bottomlands to the greatest extent possible.

Thank you for the opportunity to review this development project, and for considering these comments. If have any questions, please feel free to contact me at (919) 360-9680 or jacquelynwallace@earthlink.net.

cc: Jeff Marcus, NC Wildlife Resources Commission Shari Bryant, NC Wildlife Resources Commission Chris Dawes, NC Wildlife Resources Commission Kristen Sinclair, NC Natural Heritage Program

2 Documentation of the site’s environmental value can be found on pgs. 137-149 of the “Durham County Inventory of Important Natural Areas, Plants, and Wildlife,” published in 1999. A copy of this document can be obtained by calling Kristen Sinclair with the NC Natural Heritage Program at (919-715-8687).

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August 16, 2010 Ms. Kay Pearlstein Town of Chapel Hill Subject: Aydan Court Multi-Family Development - Zoning; Chapel Hill, Orange County Dear Ms. Pearlstein: The Natural Heritage Program has no record of rare species within a mile of the project area. However, the project site has a common boundary on the east with the U.S. Army Corps of Engineers Jordan Lake project. Thus, it is important that development of the project does not directly impact these Corps lands, including the forested buffer area adjacent to the Aydan tract. You may wish to check the Natural Heritage Program database website at www.ncnhp.org for a listing of rare plants and animals and significant natural communities in the county and on the quad map. Our Program also has a new website that allows users to obtain information on element occurrences and significant natural heritage areas within two miles of a given location: <http://nhpweb.enr.state.nc.us/nhis/public/gmap75_main.phtml>. The user name is "public" and the password is "heritage". You may want to click "Help" for more information. NC OneMap now provides digital Natural Heritage data online for free. This service provides site specific information on GIS layers with Natural Heritage Program rare species occurrences and Significant Natural Heritage Areas. The NC OneMap website provides Element Occurrence (EO) ID numbers (instead of species name), and the data user is then encouraged to contact the Natural Heritage Program for detailed information. This service allows the user to quickly and efficiently get site specific NHP data without visiting the NHP workroom or waiting for the Information Request to be answered by NHP staff. For more information about data formats and access, visit <www.nconemap.com>, then click on "FTP Data Download", and then "nheo.zip" [to the right of "Natural Heritage Element Occurrences"]. You may also e-mail NC OneMap at <dataq@ncmail.net> for more information. Please do not hesitate to contact me at 919-715-8697 if you have questions or need further information. Sincerely, Harry E. LeGrand, Jr., Zoologist Natural Heritage Program

 

 

Aydan Court and the Natural Heritage Program North Carolina Natural Heritage Program The mission statement of the NC Natural Heritage Program is:

“The North Carolina Natural Heritage Program is a part of the Office of Natural

Resource Planning and Conservation within the NC Department of Environment and

Natural Resources. The program inventories, catalogues, and supports conservation

of the rarest and the most outstanding elements of the natural diversity of our state.

These elements of natural diversity include those plants and animals which are so

rare or consideration as land-use decisions are made.” 1 (Emphasis Added)

The 1999 Durham County Inventory of Important Natural Areas, Plants and Wildlife2 identifies and inventories information about the Little Creek Bottomlands, an area including the Army Corps of Engineers Land currently managed by the North Carolina Wildlife Resource Commission for the purposes of licensed waterfowl hunting. Natural Heritage Program – Review of Aydan Court Proposal An August 16, 2010 review letter3 to the Town from Harry E. LeGrand, Jr., Zoologist for the Natural Heritage Program, includes his comment about flora and fauna relative to the Aydan Court site.

“The Natural Heritage Program has no record of rare species within a mile of the

project area. However, the project site has a common boundary on the east with the

U.S. Army Corps of Engineers Jordan Lake project. Thus, it is important that

development of the project does not directly impact these Corps lands, including the

forested buffer area adjacent to the Aydan tract. (Emphasis Added)

August 16, 2010 Sincerely, Harry E. LeGrand, Jr., Zoologist Natural Heritage Lands”

                                                                                                               1  NC Natural Heritage Program Mission Statement 2 See Attachment A – Upper Little Creek portion of this Inventory Report. 3 See Attachment B

Aydan Court and the Natural Heritage Program

Aydan Court_Natural Heritage Lands_11.1.10.docx

2  

Environmental Considerations Acknowledging Mr. LeGrand’s and others’ concern about the possible impact of Aydan Court on the adjacent Army Corp land, five primary issues have been raised. 1. Stormwater Run-off from Aydan Court into the impoundment.

All parties, including the applicant and the Town of Chapel Hill, are committed to limiting the amount of stormwater that leaves the site and to providing the cleanest water possible by means of stormwater cleansing prior to the discharge of this water from the site. The applicant has submitted plans with a stormwater management program that exceeds current town standards for cleansing water prior to its discharge from the site. (Please refer to SUP Application Drawing Set, Sheets # 10, 13, & 15 and the Stormwater Impact Statement & Calculations.) A significant component of that stormwater management plan is the location of buildings and paving in the center and western portions of the site.

2. Fauna in or near the Impoundment The protection of both flora and fauna in the impoundment or on adjacent properties is a goal of The Natural Heritage Program as well as NCWRC, ACE, the Town of Chapel Hill and those who enjoy the use of the impoundment for hunting (primarily wood ducks).

A thorough reading of the Little Creek section of the Durham County Inventory of Important Natural Areas, Plants and Wildlife4 will show that the fauna observed during field visits in the corridor and the impoundment north of NC 54 are red-shouldered hawk, wood duck, otter, mink, muskrat, beaver, pileated woodpeckers and grosbeaks. The most notable animal observed on the track was the marsh rabbit.

3. Flora in or near the Impoundment According to the NC Natural Heritage Lands’ Durham County Inventory of Important Natural Areas, Plants and Wildlife:

“Little Creek has no extensive botanical survey. Short excursions into the floodplain have not produced many special plants. The higher areas and floodplain edges have yielded the usual spring ephemerals, although not in great numbers. . . . Above NC 54, the floodplain is adjacent to several areas of Iredell loam-the area should be checked for basophilic plants.”

                                                                                                               4 See Attachment A.  

Aydan Court and the Natural Heritage Program

Aydan Court_Natural Heritage Lands_11.1.10.docx

3  

4. Buffers between Development and the Impoundment

As part of the Aydan Court pre-application process, extensive dialogue with Council and advisory board members occurred. Subsequently, the project was re-designed to pull the project substantially to the west, thereby creating a wider landscape buffer between on-site development and the ACE property.

Entity Buffer Line/Location Buffer Extension into Aydan Court

Proposed by Developer 100-year storm Flood elevation 100 feet

Suggestion at Concept Plan Review by Council

100-year storm Flood elevation 100 feet

ACE Property Line 100 feet

NC Wildlife Resources Commission5 Property Line 450 feet

(150 yards) Natural Heritage Program6

100 year storm Flood elevation

984 feet (300 meters)

Variable The applicant’s proposed setback of buildings and impervious surfaces of 100 feet measured from the 100-year flood elevation extends into the site approximately 75 feet beyond the Town’s RCD buffer requirement and is the maximum width of buffer consistent with a responsible economic use of this private property.

5. Upland Vegetation Corridors and the Impoundment

Two types of upland habitats are valuable for the fauna of the impoundment. One is the area immediately adjacent to the 100-year flood elevation. This area

provides a proximate retreat zone in times of flooding (natural or more often in this impoundment, man made.)

The second habitat is that associated with the intermittent stream corridors that

provide an extended habitat during both flooding and normal conditions. The Aydan Court proposal provides for both types of upland habitat. The 100-feet development setback from the 100-year flood elevation provides an

immediate shelter zone that includes undisturbed existing habitat.

The intermittent stream buffer provides for a vegetation corridor along the southern side of the site that allows passage to the larger UNC at Chapel Hill Foundation Inc. property.

                                                                                                               5 See NCWRC Letter - Attached  6 See NHP Letter - Attached  

Aydan Court and the Natural Heritage Program

Aydan Court_Natural Heritage Lands_11.1.10.docx

4  

Environmental Impacts and Mitigation Measures. Limiting the impacts of the Aydan Court development will be accomplished through both public and private actions. These actions include: Public Interventions that protect flora and fauna – a partial list 1. Army Corps of Engineers Ownership of land

2. North Carolina Wildlife Resources Commission management of the ACE property.

3. Floodplain development regulations (FEMA)

4. Floodplain development regulations (Town of Chapel Hill)

5. Stream buffer requirements (RCD – Town of Chapel Hill)

6. Strict Impervious Surface maximums – 50% (Town of Chapel Hill)

7. Stormwater run-off quality and quantity standards (State of North Carolina)

8. Stormwater run-off quality and quantity standards (Town of Chapel Hill)

9. Strict Erosion Control Management during construction (Orange County)

10. Strict Erosion Control Management during construction (Town of Chapel Hill)

11. Tree protection standards (Town of Chapel Hill)

Aydan Court – Developer Interventions that protect flora and fauna and ACE property. 1. Locating development 100’ horizontally away from the 100-year storm flood

elevation.

2. Having a lowest floor elevation 15 feet above the 100-year storm flood elevation.

3. Providing a design that has 41% impervious coverage – about 20 % less than the permitted amount

4. Providing a tree canopy after development of approximately 45% of the site area used to calculate minimum tree canopy requirements.7 (Exhibit Attached)

5. Minimizing the intrusion into RCD buffers by providing one access road to the site from NC 54.

6. Designing a stormwater management system that exceeds town standards, one that will retain a portion of the stormwater on-site for re-use.

                                                                                                               7  Based upon Chapel Hill Proposed Tree Ordinance Modifications contained in the ordinance about which the Town Council held a Public Hearing on September 27, 2010

NewHopeCreek CorridorA.7. LittleCreekBottomlands

A. New Hope Creek Corridor

7. LITTLE CREEK BOTTOMLANDS

SITE DESCRIPTION

County: DurhamQuad: Southwest Durham, Chapel HillSignificance: Zoological: County (DURH 1); Botanical: 1 - CountyLandscape Function: Zoological: Medium (DURH 1)Boundary Integrity: MediumLevel of Threat: Zoological: Low; Botanical: 3 - MediumProtection Status: HighCommunity Viability: Zoological: Low (DURH 1); Botanical: 2 - Medium

SUMMARY OF SIGNIFICANT FEATURES:

1. Presence ofregionally-rare species: marsh rabbit (Sylvilagus palustris), bowfin (Amiacalva) and (historically) flier sunfish (Centrarchus macropterus).

2. Large tract ofbottomland hardwood forest that provides habitat for many species offorest-interior and other disturbance-sensitive animals.

LANDSCAPE FEATURES:

Little Creek is one ofthe larger tributaries ofNew Hope Creek, with branches extendingwest and north through Chapel Hilland Carrboro as far as Calvander Crossroads. Althoughportions of the headwaters were identified as significant natural areas in the Orange CountyInventory (see Bolin Creek and Battle Park; Sather and Hall, 1988), these sites are separated fromthe bottomlands in Durham County by a wide area ofdense development in the vicinity ofUniversity Mall. Portions ofthe stream have been channelized along this reach, further reducingany function this stream valley has as a corridor for wildlife movements between Orange andDurham Counties.

lust east ofthe county line, however, Little Creek enters the 100 year floodplain oflordanLake, where its wildlife habitats receive some degree ofprotection as part of the New HopeGamelands. The broad floodplain that occupies virtually the entire Durham section ofthiswatershed is typical ofTriassic Basin streams, and together with the confluent bottomlands alongNew Hope Creek creates an unbroken tract offorest nearly 1.5 miles wide.

Like neighboring sections ofNew Hope Creek, subimpoundments have been constructedabove the two roads that cross Little Creek in Durham County (NC 54 and Farrington Road) inorder to create winter fora~'lg habitat for wood ducks. The lower reach, extending perhaps halfa mileupstream from the confluence withNew Hope Creek, is also flooded at least occasionally

137

NewHopeCreekCorridorA.7. LittleCreekBottomlands

from water backingup from Jordan Lake. Other areas have been flooded by beavers. One largepond with a completely cleared canopy existswithin a backwater ofthe subimpounded area justnorth ofNC 54; the dam on the southern border ofthis pond is formed by the subimpoundmentlevee, the remainderby beaver construction.

DESCRIPTION OF THE ,FAUNA:

Theterrestrial and riparianfauna inhabiting this tract is essentially the same as that oftheadjoining habitats along New Hope Creek (see StagecoachRoad Bottomland Forest).Characteristicbottomland species observed during the two earlyspring visitsto tbia site includered-shouldered hawk (Bllteo lineahls), wood duck (Aix sponsa), otter (LMtra CQlIQi./ensis), mink(Mustela vison), muskrat (Ondatal'a zibethica) and beaver (Castor canadensis). The presence ofpileatedwoodpeckers (Dryocopus piieatus), along with the red-shouldered hawks, is indicative ofthe extensivenature and relative maturityofthe hardwood forest. Several large flocks of eveninggrosbeaks (Coccothraustes vespertinusy were observed feeding on the abundant spring crop ofmaple and elm seeds, reflecting the importanceto migratory, as well as resident animals ofthelarge number of soft mast trees that are found in these bottomlands.

The most notable animal observed on this tract, the marsh rabbit (Sylvilagus palustris), isalso undoubtedly shared with adjoining tracts along the New Hope, although it was not recordedthere during this inventory; historicalrecords exist from Sandy Creek on the Duke UniversityCampus (Duke Vertebrate Collection), and it also occurs in similar swampyhabitats alongMorgan Creek (see Morgan'Creek Bottomland Forest). This species is one ofa suite ofesseatially Coastal Plain species that occur above theFall Line only within the extensivefloodplains along TriassicBasin streams.

As with other members ofthis group, its future survival in this region appears to beprecarious due to severe fragmentation ofits habitat by the construction ofJordan Lake and otherimpoundments. Whilethe tracks or scat ofthe related eastern cottontail (Sylvilagusfloridanus)were found in nearlyall the areas surveyed in thia inventory, the distinctivetracks ofthe marshrabbit, with their smallersize, narrower footpriRta, sharper claws and curious walking gait, wereobserved only at the extreme lower ead of!be Litde Creek fl0odpiain, in a mucky area where thewinter floodwaters from Jordan Lake had only recentlywithdrawn.

The survivalofanother member of the Coastal Plaingroup, the bowfin (Amia calva),seems more assured; this hardy predator, locallycalleda "grinnel," is frequentlyhooked byfishermen in the vicinity of tile subimpoundment on Farrington Road. Based on water qualityconsiderations, other aquatic speciesbelongingto the Coastal Plainffriassic Basin guild may alsohave some chance of surviving in this creek. Despite flowing through urban areas in OrangeCounty, the water qualityofLittle Creek as it crosses the county line has been rated as Good interms ofits chemical parameters and Fair in terms ofits biological rating (OEM, 1985). Unlike

138

NewHopeCreek CorridorA 7. LittleCreek Bottomlands

New Hope, ThirdFork, Morgan and Northeast Creeks no large wastewater plants empty intoLittle Creek (it does, however, receivestormwater runoff from large tracts of impervious surfacesin ChapelHill).

The winter flooding ofthe wood duck subimpoundments, along with backup ofwaterfrom Jordan Lake, may mitigateanybenefitsdue to water quality. Althoughthe voracious"grinnel" may prosper in these flooded areas, smaller species such as the mudminnow (Umbrapygmaea), blue-spotted sunfish (Enneacanthus gloriosus) and swampdarter (Etheostomafusiforme}-all recorded from the lower New Hope watershed-may be at increasedrisk due topredation as their shallow water or isolatedpool habitatbecomes more deeply inundated, and thusmore accessible to bass, crappie, channel catfish, as well as the "grinnel" itself. On the other hand,at least some refuges can st[l! be found in the non-impounded areas, as indicatedby the presenceoflarvalmarbledsalamanders (Ambystoma opacum) in at least a few pools: small larvae ofthisspeciescannot survivein the presenceoffish even as seemingly insignificant as the mosquitofish.

DESCRIPTION OF THE FLORA:

Little Creek has no extensive botanicalswvey. Short excursionsinto the floodplain havenot produced manyspecialplants. The higherareas and floodplain edges have yieldedthe usualspringephemerals, although not in great numbers. One unusual occurrence is the presence ofswampwhite oak (Quercus bicolor) downstream from the crossingat CR 1108. The site ispotentially as good as StagecoachBottomlands, but heavyuse of surrounding lands for tobaccocultivation in the past 100 years may havebeen detrimental to the vegetation. AboveNC 54, thefloodplain is adjacent to severalareas ofIredellloam-the area shouldbe checked for basophilicplants.

PROTECTION STATUS AND THREATS:"

The Little Creek Bottomlandsare part of the Corps lands extendingnorth ofJordan Lakeand are leased to the NC Wildlife Resources Coll1l1li.uion as gamelands. Althoughprotected fromdevelopment, they are still subjectto timbering and other management activities directed towardsjust a few speciesofgame animals, primariJy wood duck and white-tailed deer.

Privatelyowned lands adjointhe bottomlandalong both slopes, parts ofwhich arebecomingdevelopedright down to theboundary ofthe Corps lands, particularly along FarringtonRoad. The large Meadowmont mixed-use development in eastern ChapelHillwill contain some50 acres ofTown parkland in theDurhamCounty portion oftheLittle Creek floodplain, much ofwhich is wetlands. In the Durham portion ofthispark, theonlyuse permitted by the Town will benature trails, short boardwalks, and a wildlife observationplatform, with no wetland fill allowed.

139

NewHopeCreekCorridorA.7. LittleCreekBottomlands

CONSERVATION RECOMMENDATIONS:

Conservation recommendations for this tract are the same as for other tracts ofthe NewHope Gamelands. Management of thesubimpounded areas shouldgive more weight to the needsofnon-game species and perhapsless to that ofthe wood duck, whichis thriving throughout theregion. Someregulation of rabbithunting or fur-bearer trappingshould alsobeconsidered ifthepopulation ofmarshrabbits is to survive within this area.

As is true for the other sites in the New Hope CreekBasin, preservation ofuplandbuffersalong theedges ofthe bottomlands should begivena highpriority. These slopesprovide denningareas for terrestrialspecies, as wellas refuges during periodsofhighwater. Conservationeasements, Natural HeritageProgramRegistry and Forest Management Planswould all beappropriate means to conserve these stripsof uplands.

140

141

"/

I, ~\ <;'/,

I(r: 4

'.!

DURHAM COUNTY MERGED INVENTORY~~

Little Creek Bottomlands r~

SITE BOUNDARYSCALE: 1" = 286~eet - 1:33,600

.··_··__···_·1 ADJACENT TO OTHER SITE(S) i I

0 0 0 0 00 0 0 0

USGS QUAD: SOUIHWEST DURHAM, CHAPEL HILL, GREEN LEVEL, FARRINGTON eo .... ~ eoC\I C\I .... C\I

142

NewHopeCreekCorridorA.7. LittleCreekBottomlands

ZOOLOGICAL SURVEY REPORT

L LocATION

USGS Quad: Chapel Hill, Southwest DurhamSite Boundaries: Primary boundaries follow the Corps property line and include the

bottomlands and adjoining slopes on both sides ofLittle Creek from just west oftheOrange County line downstream from Jordan Lake; secondary boundaries includeundeveloped tracts on the uplands adjoining the Little Creek floodplain

Relationship to Previous Inventory Sites: Not included in previous inventories

n. TERRESTRIAL HABITATS

NUl Elemept Species:

None recorded

Re&iopally Bare Species:

Sylvilaguspalustris

Indicator GuUds:

ForeMInlcrior Spec-:..,Ibw.,.DryocOf1ll6 pile"",.PtJIiopIiUl CMI"IIk"HyI«k1tl4 1IIIUtI1WIVireo .JItIvVrott.rPIUWM_nc-Sd__....

AMby.1OMG OJHICMM¥_nc­Poly,orti" iltlerro,Gliottl6Poly,OIIia COIMItJ

/lopIoIreMa COfIC_

f9"F"ffl4u Specie':sa-~

GIiIMc~ llOlcuv~1IIIIMlli

Urocyotl

~...~Iofcrr~~... ".,.,.,...lUlMerpu

~Ne""~c..-w.

PicoiJu J1f4buc­CytiItoci_ criIWGP",.". caroIbwrvi6P",.". bicolorSiIt4 clII"tJIiMrvUSl_ pII6JlUJ'1IuyotItonuIwlo~lHrttlrok"~tJCanlbuIliI ctJI'flWJlUCanlMeU6 IN.ColfIberCOIUIricIorPleIIIliIcri8 cnlCiferEryrvtU jMwruJIUPtIp4Mo g'-cII6

loog-Dj.,OO'MilRPM<_ MIIIpIecI cIuriet thoDUtiaIt-):Po/iofIIUtJ cMl"llktJ

~--­VW6./ItJviIt'M6sa---.m-

143

Ipw-QQstiog Specie.:Sd_ tMII'OCtJptlbuC4nlln4lU ctutliltolU

Bjg-tree/$lIIg Specjc.:~volIIIII

Au 1pO#U"1IfIUo IbwGIIUDtyocopw pileGIIUSilltJc~

WjdfHllogjog SPecW:Urocyotl

ciMre~...N .....l4wMl.MInIctJlllllletvV1IfIUo IbwGIIUDryocOf1ll6 pileGIIU

CamjyggalR,ptpg:lIrocycJR

cilWre~ ...~1tJIorJI__ w-.l.MInI~

HUOJIQ:lGllljtjye SJ}eeie':N ...,.l4wMl.MInIctJllUJltletvi8Au 6pOIIMJ

Coluber cOll6lrlclor

Non-foCCIt Specjc.:StJyomU phoebeeo"",. braclryrlrync1Jo6TIII'flM.r mi,ralOri...StImtII8vul,Gri8Vireo ,ri8e...QllUcallu quUclllGJIolotIuw tJlerEvere. ctNW)'llllll

NewHope Creek CorridorA.7. Little Creek Bottomlands

Habitat Features:

Size of Primary Area: 1,578 acresHabitat Heterogeneity: Moderattr-slopes are wooded in hardwoodsand pine stands and

vary from steep to gentle; bottomland are wooded almost completely in hardwoods;floodplainpools and old oxbows are widespread, beaver ponds are occasionalbut well­developed in some areas; subimpoundments limit availability of large areas of thebottomlandsduring the winter; Jordan Lakealso appears to flood the lower reach ofLittle Creek during the winter; farmland and old fields border thewatershed alongsignificant portions of its boundary.

Forest Structural Diversity: Well-developed in non-impounded areas, with leveessupporting large patches of Claytonia, Erythronium and other wildflowers

Water Sources: Abundant - seasonally flooded impoundment; perennial stream;intermittent tributaries; floodplain pools; beaver pond

Amphibian Breeding Sites: Abundantranid tadpoles seen throughout thebottomland;Ambystomo opacum larvae were found in one backwater next to the creek but hadprobably been washed-in from a more isolated pool upstream.

Denning Sites: Bank dens noted for beaver; uplandsprovide sites for other species.Big TreeslLarge Cavities: Most trees are l' dbh or less; trees between 2' to 3' dbh

were also noted (e.•. , Carya ovasa, Quercus rubra); scattered stands are composedof individuals ranging between 18- - 24- dbh.

Snags and Logs: NumerousMast-producing Species: Oaks, maples, hickories, beeches, hornbeams, elms are all

abundant.Nectar Sources: No butterfly plants noted

Lan«Jseape Features:

Refuge Shape: Oblong, following contours of the bottomlandRefuge Integrity/Fragmentation: Bottomland is crossed by two roads in Durham

County: NC 54 and Farrington Road (SR 1110); wildlife subimpoundments exist on theupstream side of both roads; riprap beneath these bridges probably impedes travel bysome species (e.g., deer).

Proximity to Other Refuges/Existence of Corridors: Contiguouswith theStage CoachBottomlands downstream and other tracts of the Jordan Lakegamelands; headwatersupstream in Orange County are fragmented by dense development.

144

NewHopeCreekCorridorA.7. LittleCreekBottomlands

Threats and Disturbances:

Evidence of Past Land Uses: Remnants of barbed wire fencing and old farm ponds arepresent, indicating that pasturage may have been a significant land use in the past.

Level of Human Intrusion: Moderate; hunting occurs during the winter.Distance to Nearest Road: NC 54 and Farrington Road cross the bottomlands;

secondary, residential and farm roads occur on the adjoining uplands.Potential for Habitat Loss or Fragmentation: High; prolonged winter flooding is

altering the ground cover, shrub layer and perhaps the canopy composition in thesubimpoundments.

Potential for Changes in Adjoining Land Use: Residential development is encroachingon the bottomlands along Farrington Road.

Species Records:

SylvUa,- ]HIlII6W~)SyIvilcg- .p. ~/.)Sci_ ctIIYJIiMuU~/t)Sci_ ctIIYJIiMuU(94-04-07/t)GI4uIcoMy. Wll4uu~/t)e-tor~~/.)

Ca6lOr cllltGilntN (94-04-07/t)~ ,."".u; (94-04-0618) I0rtilIII#w zJ#Ief1ti_ (94-04-06It)0rtilIII#w zibet1tiC116 (94-04-07/t)Uf'OCYO'I ciIwIY-re1t1e116

~/t)

c.uJ-iliMV~)c.uJ-HUuV (94-04-07/t)1'rocyon1t1for~)1'rocyon IofDr(94-04-07/t)M".,... (94-04-061t)lMIrGc~~)

0Il0c0ileII6 vi,.,w-~/.)~ vi,.,w- (94-04-07~)AnN.. lwrodi...~)...,..,.. cllltlllkNd6 (94-04-07/0)AU.,,-..~O)

AU 6/f'iMW4I~/o)A.-~ (94-04-0610)"-~ (9+0+0710)........ (94-04-0610)...., ..... (9+0+07/0)M....". _",*,,"p/wlII6

(94-04-0610)MdMwrpu -"1fIttw-p/t111116

~Io)

~rpu C4II"DUrtII6~/o)

M_'-rpu C4II"DUrtII6~/o)PkolJa f1Ubuc-~/o)PlcoU1apubuceru (94-04-07/0)DryocoplU piklllJU~/o)SayonIi6 pll«be~/o)CyflltOCilltJ crVtaltI~/o)Cy4IItocilt4l crl6taltl (94-04-07/0)eo".". brwc1ry~~/o)eo".". brwc1ryrltyrtc1lo6 (94-04-07/0)P.,.". ctIIYJIiMuU (94-04-07/0)PGnu bicolor (94-04-06/0)lWII6 bicolor (94-04-07/0)SiIItJ~ (94-04-07/0)SiIt4I puUIG ~/o)'/7wyoI1fotw~(94-04-0610)'/7wyoI1fotw~(94-04-07/0)."...... (94-04-06/0)."..c~ (94-04-06/0).,...~ (94-04-07/0)PeUopIlI4I CMI'IIla (94-04-0610)

IWIot1fiM CM"''' (94-04-07/0)1lyIfIdcIII4I~ (94-04-07/0)n.nINr _,,.,,,.,.,. (94-04-06/0)

....... ..".,. (H-04-f11/o)1IIIw In- (9+0+07/0)"'-~(H-04-{T71o)r.wM -me- (94-04-0610)"."._ric_ (H-04-{T7/o)

lMthr1k.. ctWtMIII4I (94-04-06/0)lMthr1k.. ctWtMIII4I (94-04-0710)Dmhokc tIoIrtiIIIc4I (94-04-06/0)lMthr1k.. tIoIrtiIIIc4I (94-04-07/0)SdIIru 4IMI'OC1IpilIII6 (94-04-06/0)

145

C4InIiIt4III6 CJII'IIiNIll6~/o)Ciu'tIIIuIJU clll'dllullU (94-04-07/0)7..ortoIrldti4I~~/o)

ZottoIrlc1fUl~ (94-04-07/0)

QNUc"'~~/o)

~ qtIIiM:tI/4~/o)MoIotIuw fMr (94-04-06/0)e-IMdU".1V~/o)~~

~/o)

Clwlydnl._~~/o)

~.COIIdM4I (94-O4-O61?)CtJlIINr COfUtricIor (94-04-0710)

~~~Il)¥ _rlc_ (94-04-07/0)

MrV crwpUlllu (94-04-06/0)PullllM:rV cnlCll-r (94-04-06/0)Puwl«rl6 cnlCll-r (94-04-07/0)R-..c~ (94-04-06/0)EtyNWJtw-I&~/o)EtyNWJtw-I& (94-04-07/0)hp4Iio~ (94-04-06/0)Ew,.~ (94-04-06/0)IWygtlllill "..,.,..".,.(94-04-07/0)1Wy,.... (94-04-0610)

,."......~ (H-04-{T7/o)~__ (94-04-07/0)

NewHopeCreekCorridorA.7. LittleCreekBottomlands

Additional Survu Needs:

Not surveyed during the avian nesting season. Presence of species such as Kentuckywarbler should be determined in order to assess the impacts of the flooding from the sub­impoundments on habitat suitability.

ill. AQUATIC HABITATS

NHP Element Species:

None recorded

Redonl n)' Rare Species:

Amia calvaCentrarchus macropterus

Indicator Guilds:

WaIoNIuality SeP';';u--:lMdIw tMbHlwNoIroplI­Elliplio~

Habitat Features:

WO TgIogplSpeciM:~4f/lttM

IwlbrooId

lpyedipI Spec.­~~tI

LoticlLentic: Little Creek is perennial; large areas are seasonally impounded for woodduck management; deep oxbows and beaver ponds provide lentic habitat throughout theyear.

Depth/Width: Channel ranges between IS' - 35' wide; probably from 3' - 4' deepFlow Rate: Moderate to slowWater Quality/Clarity: Turbid when examinedBank Condition: Appears to be in good conditionInsolation: Canopy is closed except for a large beaver pond located within the NC 54

subimpoundment.Substrate(s): Sand and silt; no riffles seenEmergent Veaetation: Cattails and other emergent vegetationare developing in the large

beaver impowldment; small areu of emergents were noted in some of the betterinsolated backwaters.

146

NewHopeCreek CorridorA.7. LittleCreek Bottomlands

Woody Debris: PresentOther Shelter: Negligible

Landscape Features:

Stream Classification: 2- order, small river (5-25 m)Connections to Other Intact Reaches: Confluent with New Hope CreekIntegrity of Adjoinin& Forests: Good

Threats and Disturbances:

DEM Water Quality Ratings: Biological Rating of Fair; Water Quality Index of Goodat the county line (DEM, 1985)

Sources of Pollution: FalconbridgeWastewaterTreatment Plant and a few small packagetreatment plants discharge into Little Creek or its tributaries upstream in OrangeCounty; runoff from residential and commercialdistricts in Chapel Hill are significantnon-point sources.

Barriers to Migration: Upstream movements through the subimpoundments are probablyblocked for all but the strongest swimming fish during the winter when the sluice gatesare partially closed; however, travel is probably unrestricted during most of the year,including spring anc~ summer spawning seasons.

Potential for Impoundment, Flow Alteration or Draining: Natural hydrology has beencompletelyaltered due to seasonal impounding.

Species Records:

c.w~ (94-04-06Ia)CMIttr~~/t)

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Additional Suno Needs:

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Nt1Irt1pi6 - (MElIN)Nt1Irt1pi6I1ldpi1W1 (MElIN)o-bwic qJJiIti6 ItoIbrooId

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An aquatic survey is needed in order to determine the population status of severalCoastal Plain species that have previously been recorded in thearea.

147

NewHopeCreek CorridorA.7.a. LittleCreek Bottomlands (New)

BOTANICAL SURVEY REPORT

SITE NAME: Little Creek Bottomlands (New)

County: DurhamQuad: Southwest Durham, Chapel milAcreage: 1,578Province: PiedmontSignificance: I - CountyIntegrity: 2 - MediumLandscape Value: No Special MeritThreat Status: 3 - MediumOwnenhip: Public; Corps ofEngineers

Summary List of Special P.ant Species: Quercus bicolor

Significant Features: Some ofthis Piedmont Bottomland Forest has not been impacted by sub­impoundments and/or Jordan Lake and remains in good condition.

Priorities and Further Investigation: Plants need extensive documentation.

Reconnaissance Dates: Cursory visits 1986 through 1996.

Surveyon: fun and Liz Pullman

Location: Site extends from the entrance ofLittle Creek along the Orange County Line andincludes the floodplain and low slopes to the Chatham County line.

Access to Site: Park at the sub-impoundment parking areas either at NC54 or at Farrington Road(CRI I10).

148

NewHope Creek CorridorA.7.a Little Creek Bottomlands (New)

Topo Position: Along Little Creek north and south ofNC54 and south ofCRIll0Elevation: 220 to 240'Hydrology: Seasonally wet. partly flooded in winterWatershed: Little Creek - Jordan Lake - Cape Fear RiverSoil: Chewacla, Wehadkee in the floodplain with slopes ofWhite Store and Cecil sandy loam,Altavista and Roanoke silt loam, Iredell and Wahee loam.

Natural Community: Piedmont Bottomland Forest

Plant Community Types: 1. Piedmont Bottomland Forest:mixed bottomland hardwoods!mixed subcanopy and shrubs!sparse herbs

Descriptio. of Flora: See Site Description

Plant Species Lilt: Little Creek Bottomlands (New )

CANOPYAcerspp.Carya ovataCaryaspp.Fagus grandi/oliaQuercJls bicolorQllercw rubraQllerclls spp.Ostyra virginianaUlmw spp.

SUBCANOPY, SHRUBS,VINESNone recorded

149

HERBSAster divaricatusClaytonia virgimcaErythronillm umbtlicasum

              August  16,  2010      Ms.  Kay  Pearlstein  Town  of  Chapel  Hill    Subject:  Aydan  Court  Multi-­‐Family  Development  -­‐  Zoning;  Chapel  Hill,  Orange  County    Dear  Ms.  Pearlstein:    The  Natural  Heritage  Program  has  no  record  of  rare  species  within  a  mile  of  the  project  area.    However,  the  project  site  has  a  common  boundary  on  the  east  with  the  U.S.  Army  Corps  of  Engineers  Jordan  Lake  project.    Thus,  it  is  important  that  development  of  the  project  does  not  directly  impact  these  Corps  lands,  including  the  forested  buffer  area  adjacent  to  the  Aydan  tract.    You  may  wish  to  check  the  Natural  Heritage  Program  database  website  at  www.ncnhp.org  for  a  listing  of  rare  plants  and  animals  and  significant  natural  communities  in  the  county  and  on  the  quad  map.    Our  Program  also  has  a  new  website  that  allows  users  to  obtain  information  on  element  occurrences  and  significant  natural  heritage  areas  within  two  miles  of  a  given  location:  <http://nhpweb.enr.state.nc.us/nhis/public/gmap75_main.phtml>.    The  user  name  is  "public"  and  the  password  is  "heritage".    You  may  want  to  click  "Help"  for  more  information.            NC  OneMap  now  provides  digital  Natural  Heritage  data  online  for  free.    This  service  provides  site  specific  information  on  GIS  layers  with  Natural  Heritage  Program  rare  species  occurrences  and  Significant  Natural  Heritage  Areas.  The  NC  OneMap  website  provides  Element  Occurrence  (EO)  ID  numbers  (instead  of  species  name),  and  the  data  user  is  then  encouraged  to  contact  the  Natural  Heritage  Program  for  detailed  information.    This  service  allows  the  user  to  quickly  and  efficiently  get  site  specific  NHP  data  without  visiting  the  NHP  workroom  or  waiting  for  the  Information  Request  to  be  answered  by  NHP  staff.  For  more  information  about  data  formats  and  access,  visit  <www.nconemap.com>,  then  click  on  "FTP  Data  Download",  and  then  "nheo.zip"  [to  the  right  of  "Natural  Heritage  Element  Occurrences"].  You  may  also  e-­‐mail  NC  OneMap  at  <dataq@ncmail.net>  for  more  information.    Please  do  not  hesitate  to  contact  me  at  919-­‐715-­‐8697  if  you  have  questions  or  need  further  information.        Sincerely,      Harry  E.  LeGrand,  Jr.,    Zoologist  Natural  Heritage  Program          

North Carolina Wildlife Resources Commission

Division of Wildlife Management Mailing Address: 1722 Mail Service Center, Raleigh, N.C. 27699-1722

Physical Address: 1751 Varsity Drive, Raleigh, N.C. 27606 Phone: 919-707-0050

Fax: 919-707-0067

MEMORANDUM Date: 11 December 2007 To: Dana Stidham, Senior Planner, Town of Chapel Hill From: Jacquelyn Wallace, Urban Wildlife Biologist, NC Wildlife Resources Commission Subject: Aydan Court Townhomes and Condominiums

Pursuant to your request, the NC Wildlife Resources Commission has reviewed site plans for the proposed Aydan Court Townhomes and Condominiums project to be located along NC Highway 54 in Chapel Hill. The comments below describe this project’s potential impacts on wildlife resources, and provide suggestions on ways the applicant could attempt to minimize such impacts.1

As shown on the attached map, this development project will be located adjacent to NC

Wildlife Resources Commission Game Land. Although the property around Jordan Lake Reservoir is technically owned by the US Army Corps of Engineers, it is managed by the NC Wildlife Resources Commission as Game Land, meaning that hunting, prescribed burning, logging, and other activities occur on this property.

We typically recommend establishing a 150-yard hunting safety buffer (as indicated by dark

green line on the attached map) around Game Land boundaries, and discourage building permanently inhabited structures within this boundary. We recognize this proposed development

1 Please Note: These comments are intended to assist applicants and decision makers proactively minimize adverse impacts to wildlife resources. Although following these measures may help development projects meet requirements of applicable environmental permits, these comments are not regulatory in nature, and do not represent all measures needed to meet requirements of the environmental permits. These comments may also not address all concerns of the NCWRC regarding construction or mitigation for this specific project.

PAGE 2

project is located almost entirely within this boundary, and this type of buffer may not be possible. We therefore recommend the applicant:

1. Establish the widest buffer possible between the Game Land boundary and permanently inhabited residences, and

2. Include language on the development plat to inform future homebuyers that these home sites will be located adjacent to Game Land.

In addition, as shown on the attached map, this property is located entirely within part of

a state-designated Significant Natural Heritage Area (SNHA), the Little Creek Bottomlands.2 Due to the ecological value of Significant Natural Heritage Areas, we typically suggest that development sites containing SNHAs place a building envelope, no build easement, or permanent conservation easement on the portion of a site that falls within SNHA boundary. Because this site is situated entirely within an SNHA boundary, we recognize this type of protection will not be possible. Therefore, we recommend the applicant:

3. Conduct an environmental assessment to identify 1) negative impacts this development will have on the SNHA, and 2) strategies the applicant could take to avoid, minimize, and mitigate for these impacts, and

4. Attempt to minimize impacts to Little Creek Bottomlands to the greatest extent possible.

Thank you for the opportunity to review this development project, and for considering these comments. If have any questions, please feel free to contact me at (919) 360-9680 or jacquelynwallace@earthlink.net.

cc: Jeff Marcus, NC Wildlife Resources Commission Shari Bryant, NC Wildlife Resources Commission Chris Dawes, NC Wildlife Resources Commission Kristen Sinclair, NC Natural Heritage Program

2 Documentation of the site’s environmental value can be found on pgs. 137-149 of the “Durham County Inventory of Important Natural Areas, Plants, and Wildlife,” published in 1999. A copy of this document can be obtained by calling Kristen Sinclair with the NC Natural Heritage Program at (919-715-8687).

PAGE 3

AYDAN COURT CONDOMINIUMS – VERSION 2

TRAFFIC IMPACT STUDY

EXECUTIVE SUMMARY

Prepared for:

The Town of Chapel Hil l

Engineering Department

Prepared by:

HNTB North Carolina, PC

343 East Six Forks Road

Suite 200

Raleigh, NC 27609

NCBELS License #: C-1554

September 2010

AYDAN COURT CONDOMINIUMS – VERSION 2

TRAFFIC IMPACT STUDY

EXECUTIVE SUMMARY

Prepared for:

The Town of Chapel Hil l Engineering Department

Prepared by: HNTB North Carolina, PC

343 East Six Forks Road Suite 200

Raleigh, NC 27609 NCBELS License #: C-1554

September 2010

Town of Chapel Hill: Traffic Impact Study Aydan Court Condominiums – Version 2 – Proposed Residential Development

ES-1

EXECUTIVE SUMMARY

Project Overview A new residential development called Aydan Court Condominiums, located on N.C. Highway 54 (Raleigh Road) near Little John Road, is being proposed for construction in Chapel Hill. This development is referred to as “Version 2” in this report, as the proposed project was previously analyzed (with a different development intensity) for transportation impacts in 2007. The development will consist of residential condominium buildings with covered and surface parking lots. The development will occupy undeveloped land along N.C. 54 frontage and bordered by Jordan Reservoir Game Lands owned by the Army Corps of Engineers. Figure ES-1 shows the general location of the site. The project is anticipated to be complete by 2014. This report analyzes the full build-out scenario for the year 2015 (one year after full build-out), the no-build scenario for 2015, as well as 2010 existing year traffic conditions. The proposed development plans and information from the Applicant indicate that the desired access to the site from N.C. 54 be made via a single driveway with right-turn out only access. Left-turn median breaks for traffic into the site and for Downing Creek Parkway are also proposed, as the site driveway is proposed to align with existing Downing Creek Parkway. Figure ES-2 displays a preliminary site plan for the proposed Aydan Court Condominiums development and nearby roadways. The land uses proposed for the site include a maximum of 100 condominiums and/or townhomes. The site plan includes a layout for 146 proposed parking spaces in outdoor surface lots or in covered garages and 24 proposed bicycle parking spaces. Existing Conditions Study Area The study area contains the section of N.C. 54 from Barbee Chapel Road to Hunting Ridge Road in Durham. Site traffic is expected to use a single entrance and exit driveway along N.C. 54 and may be forced to complete U-turn maneuvers downstream of the proposed site, since the driveway will have limited access. N.C. 54 is a major arterial connecting the UNC campus area with eastern Chapel Hill, the I-40 corridor, and southern Durham. The remaining study area streets are either minor arterials, collector streets or local roadways providing access to residential and commercial developments in or near the study area.

Town of Chapel Hill: Traffic Impact Study Aydan Court Condominiums – Version 2 – Proposed Residential Development

ES-2

This report analyzes and presents the transportation impacts that the Aydan Court Condominiums – Version 2 site will have on the following intersections along N.C. 54 (Raleigh Road), west to east:

N.C. 54 and Barbee Chapel Road N.C. 54 and Little John Road N.C. 54 and Downing Creek Parkway/Future Site Driveway N.C. 54 and Hunting Ridge Road

The impacts of the proposed site at the study area intersections will be evaluated during the AM, noon, and PM peak hours of a typical weekday. Site Traffic Generation With the addition of new peak hour trips during the AM, noon, and PM peak hours, there are potential site traffic impacts to the study area intersections. Table ES-1 shows the site trip generation details, with generation rates taken from the ITE Trip Generation Manual, Version 8. No trip reductions for “pass-by” type tripmaking were made for this study. In addition, no trip reduction factors for transit, pedestrian or bicycle trips were assumed, though proposed site improvements for these transportation modes will result in some likelihood of non-vehicular trips. No noon peak hour generation data currently exists in the ITE methodologies, so an average of the projected AM and PM peak hour generated trips was used to evaluate noon peak hour impacts.

Table ES-1 Proposed Aydan Court Condominiums – Version 2 (L.U. Code 230)

Scenario Development

Density Generation

Rate % Traffic Entering

% Traffic Exiting

TRIPS Trips Generated IN OUT

Daily Traffic 100

Condominium Units

6.44 50% 50% 322 322 644

AM Peak 0.52 17% 83% 9 43 52

Noon Peak 0.57 44%* 56%* 25* 32* 57*

PM Peak 0.60 67% 33% 40 20 63 * Average Values between AM and PM peak data

Background Traffic There are several future developments in the study area that were studied (UNC Hospitals Medical Imaging & Outpatient Center, Woodmont, Gateway Bank and Trust) for potential background traffic generation. It was assumed that all of these projects would be complete and fully built-out (except Woodmont) by the 2015 analysis year. For Woodmont, which is a multi-phase project, it was assumed that only Phase I would be complete by 2015. An area-wide ambient future traffic growth percentage of two percent per year was applied to the existing volumes, based on information provided in the Town of Chapel Hill Planning Department’s 2007 Data Book and consistent with previous adjacent traffic impact studies.

Town of Chapel Hill: Traffic Impact Study Aydan Court Condominiums – Version 2 – Proposed Residential Development

ES-3

Impact Analysis Peak Hour Intersection Level of Service The 2010 existing conditions analysis shows that the N.C. 54 and Barbee Chapel Road intersection operates over capacity during the PM peak hour. With the addition of ambient area wide traffic growth and specific background development site traffic added to existing volumes in the 2015 analysis year, the Barbee Chapel Road intersection drops to a LOS F from a LOS E in the PM peak hour. AM, noon, and PM peak hour site-generated trips add marginal delay to the existing study area intersections and do not cause additional deficiencies to any time period where deficiencies already existed in the 2015 without site traffic scenario. A summary of the traffic operations for each intersection, related to vehicular delays (intersection average as a whole if signalized, critical movement if stop-controlled) and the corresponding LOS is shown in Table ES-2 below. Table ES-2 also shows that mitigation strategies tested for the N.C. 54 and Barbee Chapel Road intersection (additional northbound right-turn lane and extension of the eastbound through travel lane) are expected improve conditions to an overall intersection vehicular delay that is better than No-Build scenario results in 2015.

Table ES-2. LOS and Delay Summary

Intersections Time

Period

2010 Existing 2015 No-Build 2015 Build 2015 Mitigated

LOS Delay LOS Delay LOS Delay LOS Delay

N.C. 54 and Barbee Chapel Road

AM D 36.1 D 46.2 D 48.8 D 40.3

NOON C 21.4 C 28.1 C 30.3 C 25.1

PM E 64.4 F 83.6 F 92.5 F 83.1

N.C. 54 and Little John Road*

AM E 42.3 F 67.5 C 22.4 N/A N/A

NOON C 24.0 D 31.4 C 16.8 N/A N/A

PM D 27.2 E 46.8 C 25.8 N/A N/A

N.C. 54 and Downing Creek Parkway / Site Driveway*

AM C 18.9 C 22.5 E 37.1 N/A N/A

NOON B 14.1 C 15.6 C 16.1 N/A N/A

PM C 19.2 C 24.1 E 36.9 N/A N/A

N.C. 54 and Hunting Ridge Road

AM B 12.4 C 27.6 C 28.0 N/A N/A

NOON A 5.4 A 6.6 A 6.6 N/A N/A

PM B 13.2 B 17.2 B 17.5 N/A N/A ‘* => LOS/Delay is for the Critical Unsignalized Movement N/A => Not Applicable, i.e. movement is non-existent or no improvements made

Town of Chapel Hill: Traffic Impact Study Aydan Court Condominiums – Version 2 – Proposed Residential Development

ES-4

Access Analysis Vehicular site access is to be accommodated via a single driveway connection to N.C. 54 that is proposed to be limited to left and right-turn in/right-turn out movements only. Driveway throat length as shown on the proposed concept plan is adequate for projected 2015 with site traffic conditions. On-site vehicle queuing will be able to be stored in the driveway throat (over 200 feet of throat length provided for worst-case queues of less than three vehicles). Driveway distance from the signalized intersection at N.C. 54 and Barbee Chapel Road are acceptable, based on recommendations of 100 foot minimum corner clearance as set forth in the 2003 NCDOT Policy on Street and Driveway Access to North Carolina Highways and the 2005 Town of Chapel Hill Design Manual. The Town Design Manual recommends 250 foot minimum spacing between an intersection and driveway along an arterial, which is adhered to in the proposed site plan. Internal circulation for site-related traffic is well designed on the site plan. The potential future connection with the adjacent property to the west is possible, and mitigate local traffic impacts, if that parcel were to have a full access, signalized intersection connection with N.C. 54, which has been proposed in the future development phases for Woodmont. Access for pedestrians and bicyclists is currently somewhat limited by the high-volume highway design of N.C. 54 that fronts the site. The Applicant proposes to extend the existing ped/bike paved trail from Meadowmont to the proposed site. As previously discussed, there is good sidewalk connectivity to the west of the site in the vicinity of Barbee Chapel Road. Bicycle access is possible to and from the site, although no specific bicycle amenities exist directly on N.C. 54 adjacent to the site. Sight Distance Analysis In general, sight distance issues entering and exiting the proposed driveway would be minimal. Sight distance along N.C. 54 is adequate, with only slight horizontal and/or vertical curvature present at the location where the proposed driveway is to be located. No additional limitations or problems due to the site development or site traffic impacts are expected at this intersection. Intersection Crash Analysis Data from the NCDOT Traffic Safety Unit was provided for the period 6/1/2007 to 5/31/2010 for the study area intersections and along N.C. 54 between Barbee Chapel Road and Hunting Ridge Road. 68 total crashes were recorded along N.C. 54 in the study area between mid-year 2007 and mid-year 2010. There were 18 crashes in the vicinity of the N.C. 54 and Barbee Chapel Road intersection, 5 crashes near the Little John Road intersection, 3 crashes near the Downing Creek Parkway intersection, and 24 crashes near the Hunting Ridge Road intersection. 50 of the 68 incidents were rear-end crashes, likely due to congested conditions along N.C. 54. Another 8 crashes were related to left-turning or right-turning vehicles, also suggesting that vehicles were trying to find gaps in traffic flow during congested conditions.

Town of Chapel Hill: Traffic Impact Study Aydan Court Condominiums – Version 2 – Proposed Residential Development

ES-5

Overall, the number and severity of crashes at study area intersections are average compared to other similar intersections in the Town of Chapel Hill. The crash rate is actually lower than statewide averages for similar facilities. Most of the study area crashes are rear-end, sideswipe, and angle collisions due to the high volume of traffic in the area, and the delays and congested conditions that result from the traffic. Other Transportation-Related Analyses Other transportation-related analyses relevant to the 2001 Town of Chapel Hill Guidelines for the preparation of Traffic Impact Studies were completed as appropriate. The following topics listed in Table ES-3 below are germane to the scope of this study.

Table ES-3. Other Transportation-Related Analyses Analysis Comment Long Range Planning-Level Capacity Analysis

Planning-level corridor LOS Analyses are not necessary for this study. The relative daily traffic impact over both short and long-term horizons along the major roadway (N.C. 54) in the study area is low.

Signal Phasing Analysis

Signal phasing for future conditions needs to be improved at the N.C. 54/Barbee Chapel Road intersection to protect potential future westbound u-turn movements.

Progression Analysis The two signals in the study area are part of two different signal systems (Chapel Hill and Durham) and thus are likely not coordinated. However, the distance between these signals along N.C. 54 (5,800 feet) is beyond the typical maximum distance (0.5 mile) where coordination is considered to effectively platoon vehicles.

Turn Lane Storage Requirements

Storage lengths for existing turning bays on N.C. 54 are currently adequate. The Site Driveway intersection with N.C. 54 will require a right-turn deceleration lane with at least 100 feet of full storage and appropriate taper distance, which is shown on the site plan. The proposed left-over should be designed for 150 feet of full storage in both left-turn bays to eliminate the potential for spillback onto N.C. 54.

Appropriateness of Acceleration/ Deceleration Lanes

Given the lane geometrics and posted speeds on N.C. 54, it is recommended to create a westbound exclusive right-turn lane at the Site Driveway. No other special acceleration or deceleration lanes are required due to the Aydan Court Condominiums development.

Pedestrian and Bicycle Analysis

Existing pedestrian access and connectivity is excellent west of the project study area. Exclusive ped/bike paths exist west of the site location, but there is no connection along N.C. 54 frontage to these facilities. The site plan shows an extension of the existing path through site frontage along N.C. 54.

Public Transportation Analysis

Public transportation service west of the proposed site is excellent. On-street bus stops are within walking distance to the site and multiple routes serve the study area, however, no pedestrian facilities are present that connect the proposed site with the transit stops. The proposed site plan addresses this issue by providing that connection along the north side of N.C. 54. Several potential bus stops at the site are also proposed by the Applicant, along with a bus u-turn bulb out at the N.C. 54/Site Driveway intersection.

Town of Chapel Hill: Traffic Impact Study Aydan Court Condominiums – Version 2 – Proposed Residential Development

ES-6

Mitigation Measures / Recommendations

Planned Improvements The Town of Chapel Hill and the North Carolina Department of Transportation are not expected to make any significant transportation improvements to the project study area within the design year time frame of 2010-2015. Background Committed Improvements No other background improvements to study area roadways or intersections are committed by other project area developments. The traffic impact study for the Woodmont development indicated a need for an additional northbound left-turn lane and right-turn lane at the N.C. 54/Barbee Chapel Road intersection due to background traffic growth (not site-related) in the year 2010. Neither improvement has been constructed, although the laneage for northbound and southbound Barbee Chapel Road has been restriped since that study to allow split signal phasing and provide additional left-turn capacity for both approaches. The Woodmont development is also seeking a full access intersection along N.C. 54 between Barbee Chapel Road and Little John Road to be constructed in Phase II of its development program, which is assumed to be beyond the 2015 study design year for the Aydan Court Condominiums. However, this improvement would not interfere with the proposed improvements studied in this report and described in more detail below. Applicant Committed Improvements Based on information from the Applicant, desired access for the Aydan Court site would include improvements in the median of N.C. 54 that would allow for eastbound left-turns into the site, as well as provide westbound left-turns into existing Downing Creek Parkway. This access configuration would allow the existing full access intersection at Little John Road and N.C. 54 to be closed. In addition, a westbound right-turn deceleration lane for traffic entering the site driveway is also shown on the preliminary site plan. Minimum turn bay storage estimates for all left and right-turn lane access improvements were made based on 2015 With Site scenario traffic volumes. These improvements would also correlate with future preliminary plans for Phases 2 and 3 of the Woodmont development. In addition the Applicant is proposing to extend the existing paved ped/bike greenway along N.C. 54 across the site frontage and is proposed transit (bus stop) improvements along N.C. 54 downstream of the site driveway and on the internal public street. Figure ES-3 shows the assumed Applicant committed improvements. Necessary Improvements Based on the estimated site traffic impacts on study area traffic operations, no additional improvements are required to mitigate site-related traffic impacts. A comparison of peak hour traffic volumes in the 2015 analysis year to estimated site traffic data indicates that site traffic will comprise less than 2 percent of the traffic flow on N.C. 54 in the project study area in any given peak hour.

Town of Chapel Hill: Traffic Impact Study Aydan Court Condominiums – Version 2 – Proposed Residential Development

ES-7

There are a number of significant improvements needing implementation to mitigate projected background traffic growth between 2010 and the 2015 design year, with or without the construction of the proposed site. Figure ES-4 shows a schematic of the proposed necessary improvements to the study area. The existing intersection of N.C. 54 and Barbee Chapel Road is over capacity in the PM peak hour and operations are projected to worsen considerably by the 2015 design year – primarily due to approved background traffic from other developments and general area-wide traffic growth. Recommendations to mitigate impacts at this intersection include the following:

Construction of a new exclusive right-turn lane for the northbound Barbee Chapel Road approach. The new right-turn lane should have 150 feet of storage to accommodate worst-case queues. (This improvement was also recommended in the Woodmont Traffic Impact Study to address 2010 background traffic issues and was tied directly to proposed Woodmont Phase 1 improvements.)

Redesign the existing traffic signal and install new signal heads to allow right-turn

“overlap” phasing for the northbound approach.

Provide additional storage capacity (450 feet total proposed/325 feet existing) for increases in westbound left-turn traffic that will include some site-related u-turns.

Extend the existing eastbound outside travel lane of N.C. 54 from its existing “drop” location 400 feet east of Barbee Chapel Road to Little John Road. The existing lane drop is severely underutilized by eastbound traffic because of the short distance of the lane drop past the intersection. Extending the lane another 1,200 feet will allow it to be used more effectively by eastbound traffic seeking to “clear” the congested Barbee Chapel Road traffic signal. (This improvement was also recommended in the Woodmont Traffic Impact Study to address 2010 background traffic issues – but not tied directly to proposed Woodmont Phase 1 improvements.)

DATE: September 2010

SITE LOCATION MAP

LEGEND

FIGURE ES-1

N

NOTTO

SCALE

SITE

= Site Driveway

= Existing Intersections

Aydan Court CondominiumsVersion 2

Traffic Impact Study

Aydan Court Condominiums Version 2Traffic Impact Study

SITE PLAN FIGURE ES-2N

NOTTO

SCALE

DATE: September 2010

Aydan Court CondominiumsVersion 2

Traffic Impact Study2015 COMMITTED IMPROVEMENTS

LEGEND

FIGURE ES-3

N

NOTTO

SCALE

= Laneage Improvement

Hunting Ridge Road

Aydan Court Condominiums Site

Barbee Chapel Road

Little John Road

E. Barbee Chapel Road

Proposed Site Driveway

Frontage Rd

Stancil Dr

= Signal Timing/Phasing

Improvement

Close MedianRIRO at Little John Road

ConstructLeft-OverFor Site

Access and Downing Creek

Parkway

Downing Creek Parkway

150'

150'

100'

DATE: September 2010

300'

325'

100'

CT

L

275'

275'

150'

100'

375'

50'

100'

100'

125'

400' DROP

325' ADD

54 54

Aydan Court CondominiumsVersion 2

Traffic Impact Study2015 NECESSARY IMPROVEMENTS

LEGEND

FIGURE ES-4

N

NOTTO

SCALE

= Laneage Improvement

Hunting Ridge Road

Aydan Court Condominiums Site

Barbee Chapel Road

Little John Road

E. Barbee Chapel Road

Proposed Site Driveway

Frontage Rd

Stancil Dr

Upgrade Signal Phasing for Protected Left-Turn Phase

and Right-Turn Overlap

= Signal Timing/Phasing

Improvement

Construct New Right-Turn Lane

Downing Creek Parkway

300'

150'

54 54

Extend Left-Turn Bay to 450' Total Storage

DATE: September 2010

100'

CT

L

275'

275'

150'

375'

50'

100'

100'

125'

DROP

150'

150'

100'

Extend Outside EB Through Lane to Little

John Road