A RESOLUTION APPROVING AN APPLICATION FOR SITE PLAN REVIEW APPROVAL FOR 151 OLD UNIVERSITY STATION ROAD OFFICE/CLINIC BUILDING (FILE NO.

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1 ADOPTED RESOLUTION (Approving the Application) A RESOLUTION APPROVING AN APPLICATION FOR SITE PLAN REVIEW APPROVAL FOR 151 OLD UNIVERSITY STATION ROAD OFFICE/CLINIC BUILDING (FILE NO ) BE IT RESOLVED by the Planning Board of the Town of Chapel Hill that the development proposed by Philip Post & Associates on property owned by CAI Group VII, LLC and identified as Orange County Parcel Identified Number , if developed according to the site plans dated April 30, 2009 and revised September 30, 2009 and revised Existing Conditions, Demolition & Land Disturbance Plan dated December 8, 2009, and the conditions listed below would comply with the provisions of the Chapel Hill Land Use Management Ordinance and Design Manual. These findings are conditioned on the following: Specific to the Development 1. That the construction begins by December 15, 2011 and be completed by December 15, Land Use Intensity: This Site Plan Review approval authorizes the construction of a onestory office/clinic building with 10,673 square feet of floor area. The authorized land uses are office-type business use and clinic use. Land Use Intensity Gross Land Area 56,780 sq ft Total # of Buildings 1 Permitted Floor Area 8,435 sq ft Maximum Land Disturbance Area Less than 40,000 sq ft Maximum Impervious Surface Area Less than 42,791 sq ft (75.4%) Minimum/Maximum Parking Spaces (Including 38 min / 43 max 2 Handicapped Spaces) Minimum Bicycle Parking Spaces 4 Class II Spaces 3. Land Disturbance Area Plan: That the final plan shall include a plan sheet, signed and sealed by a registered land surveyor, identifying the undisturbed land area, and certifying that the land disturbance area associated with this project is less than 40,000 square feet. 4. Special Use Permit Required: If, at any time, additional land disturbance is proposed on this site, whether associated with this proposed permit or other future permits, which results in a cumulative land disturbance area of more than 40,000 square feet, such activity shall require Town Council approval of a Special Use Permit in accordance with Land Use Management

2 - 2 - Ordinance. As provided for in the Land Use Management Ordinance, routine maintenance of landscape areas is not considered land disturbance activity. Transportation 5. Payment-in-lieu for Signal Timing: Prior to the issuance of a Zoning Compliance Permit the applicant shall provide a $2,000 payment for retiming the traffic signals at 1) the intersection of Weaver Dairy Road and Martin Luther King Jr. Boulevard and 2) Perkins Drive and Martin Luther King Jr. Boulevard. 6. Parking Lot Striping and Signage Plan: That prior to the issuance of a Zoning Compliance Permit, the applicant submit a parking lot striping and signage plan for review and approval. 7. Parking Lot Design and Construction: That the parking lot, drive aisles, and parking spaces, including Americans With Disabilities Act (ADA) standards, be designed and constructed to Town Standards. 8. Future Cross Access Easements: That the recorded plat shall include a cross-access easement for pedestrian and vehicular connections between all abutting lots. Notes referencing the cross-access easements shall be provided on all plats and final plans and be subject to Town Manager approval. 9. Recorded Cross Access Easements: Prior to the issuance of a Certificate of Occupancy, it will be necessary to submit a recorded copy of a cross access easements for ingress and egress to and through the site from the abutting properties. A copy of the proposed easement(s) shall be reviewed and approved by the Town Manager prior to recordation. 10. Old University Station Road Driveways: Prior to issuance of a Certificate of Occupancy, it will be necessary to remove all existing Old University Station Road driveways along the site frontage and replace them with standard 30 inch curb & gutter. 11. Transportation Management Plan: That a Transportation Management Plan be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall be updated and approved annually by the Town Manager. The required components of the Transportation Management Plan shall include: a) Provision for designation of a Transportation Coordinator; b) Provisions for an annual Transportation Survey and Annual Report to the Town Manager; c) Quantifiable traffic reduction goals and objectives; d) Ridesharing incentives; e) Public transit incentives; and f) Other measures subject to approval by the Town Manager. 12. Transit Improvements: That the applicant provide a payment-in-lieu of $5,000 for bus shelter amenities, prior to issuance of a Zoning Compliance Permit. That only one payment-

3 - 3 - in-lieu shall be required from either this property, 111 Old University Station Road, or the adjoining property, 151 Old University Station Road, whichever property is issued a Zoning Compliance Permit first. Landscape and Architecture 13. Landscape Buffers: That the following minimum landscape buffers be provided: Location Old University Station Rd. frontage Northern property line Western property line Southern property line Required Buffer Type 15-foot Type B exterior buffer 10-foot Type B interior buffer 10-foot Type B interior shared buffer 10-foot Type D interior shared buffer 14. Landscape Buffer Plantings: That the bufferyard planting requirements include a minimum of 3 ½ caliper, all small trees be a minimum of eight to 10 feet in height, and all shrubs be transplanted from containers at least five gallons in size. That the Town Manager shall review and approve the planting plan prior to issuance of a Zoning Compliance Permit. 15. Off-Site Landscape Easements: That the developer submit copies of the recorded off-site landscape easement documents for those portions of required landscape bufferyards that are located on the adjacent properties. The easement documents shall be approved by the Town Manager and recorded prior to the issuance of a Zoning Compliance Permit. 16. Landscape Supervisor Awareness: That the Landscape Protection Supervisor(s) be made aware of the limitations of the approval to under 40,000 square feet of land disturbance. 17. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees shall be removed and preserved, critical root zones of all rare and specimen trees, significant tree stands, detail of protective fencing and construction parking and materials staging/storage areas, and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 18. Tree Canopy Calculations: That prior to the issuance of a Zoning Compliance Permit the applicant shall submit detailed tree canopy calculations in graphic form including existing and proposed coverages as percentages of the lot area. 19. Tree Removal and Land Disturbance: That tree stumps shall be left in place or be severed from their root systems, when critical root zones extend beyond the tree protection fencing, outside the area of land disturbance. 20. Additional Tree Protection Measures: that the applicant shall include no more than 30% of the critical root zones, of trees proposed for retention, inside the tree protection fencing where land disturbance is proposed to occur.

4 Landscape Protection Fencing: That a woven wire fence be installed around the edge of the land disturbance, to ensure restricted land disturbance. The detail concerning the type, installation, and maintenance of this fence during the construction phase, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 22. Tree Protection/Utility Connections: That the proposed utility connections in the northeast corner of the site shall be relocated so that they do not interfere with tree protection area in that location. 23. Off-site Land Disturbance: That the location of tree protection and silt fencing be clarified on plans to verify that no vegetation will be disturbed off-site. If any off-site vegetation is proposed to be disturbed, the planting plan shall address how disturbed areas will be replanted. 24. Parking Lot Screening and Shading: That the following landscaping standards of the Land Use Management Ordinance shall be provided: o Section 5.9.6(a): a dimensioned 5-foot wide planting strip between buildings and adjacent surface parking areas; o Section (b): a dimensioned 8-foot landscape planting strip at the entryway into parking facilities; and o Section 5.9.6(d): a plan illustrating a minimum of 35% vegetative shading in surface parking areas. 25. Building Elevations and Lighting Plan: That prior to the issuance of a Zoning Compliance Permit, the Community Design Commission shall approve building elevations, lighting, including the location and screening of all HVAC/Air Handling Units for this project, prior to issuance of a Zoning Compliance Permit. The proposed lighting plan shall minimize 1) upward light pollution and 2) off-site spillage of light. 26. Lighting Plan: That the applicant shall submit site plans and other required documents to satisfy the lighting requirements in Section 5.11 of the Land Use Management Ordinance, including submission of a lighting plan sealed by a Professional Engineer. The lighting plan shall also address the requirements of Section of the Land Use Management Ordinance for review and approval by the Town Manager, prior to the issuance of a Zoning Compliance Permit. Environment 27. Energy Management Plan: That prior to the issuance of a Zoning Compliance Permit, the applicant submit an Energy Management Plan to be approved by the Town Manager. The plan shall: a) consider utilizing sustainable energy, currently defined as solar, wind, biofuels, and 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 ensures indoor air quality and adequate access to natural lighting, and d) allow for the proposed utilization of sustainable energy in the project; and that the property owner report to the Town of

5 - 5 - Chapel Hill the actual energy efficiency achieved with their plan, as implemented, during the period ending one year after occupancy. 28. 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 Site Plan Review approval. 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. Stormwater 29. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit, this project must submit a stormwater management plan for approval by the Town Manager. The stormwater management requirements of Land Use Management Ordinance require the applicant 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 including outfall structures, riprap aprons, and underdrains except conveyance piping connecting to existing infrastructure are permitted in the rights-of-way or setbacks. 30. Stormwater Easements: All stormwater management, treatment, and conveyance facilities located on and below ground shall be wholly 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 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.

6 - 6 - The Reserved Stormwater Facility Easement and the Operations and Maintenance Plan are binding on the owner, heirs, successors, and assigns. 31. Stormwater Operations and Maintenance Plan: That a Stormwater Operations and Maintenance Plan be provided for the proposed stormwater management facilities and submitted to the Stormwater Management Engineer for approval prior to receiving a Certificate of Occupancy. A schedule of inspection and maintenance tasks shall be included. The plan and schedule shall be detailed, clear, and concise such that property owners/occupants fully understand these requirements (what, when, where, and how). 32. Curb Inlets and Manholes: The applicant shall provide pre-cast hoods and covers stating, "Dump No Waste! Drains to Jordan Lake", in accordance with the specifications of the Town Standard Details SD-4A, SD-4B, SD-4C, and SD-5A, for all new curb inlets and manholes on private property, and Town and State rights-of-way. 33. Erosion and Sediment Control: If one (1) acre or more is uncovered by land-disturbing activities for this project, then a performance guarantee in accordance with Section 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 cost 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. That a soil erosion and sedimentation control plan (including provisions for maintenance of facilities and modification of the plan if necessary), be approved by the Orange County Erosion Control Officer, and a copy of the approval be provided to the Town Manager prior to issuance of a Zoning Compliance Permit. 34. Impervious Surface: That the amount of impervious surface area on this site shall not exceed 70% of the gross land area. Solid Waste 35. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing the construction/demolition debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 36. Demolition Waste: That the applicant contact Orange County Solid Waste in order to maximize recycling of demolition waste from the existing structures, where necessary. 37. Shared Refuse/Recycling Agreement: That a shared refuse/recycling facility agreement be recorded authorizing the property owners to share the proposed future refuse and cardboard recycling facilities on adjacent lots, at 112 Perkins Drive and 111 Old University Station Road respectively. That cross-access easements shall be recorded to allow access to and from the adjacent properties for use of the proposed refuse/recycling facilities. These agreements/easements shall be approved by the Town Manager and recorded with the Orange

7 - 7 - County Register of Deeds, prior to issuance of a Zoning Compliance Permit. These agreements shall clearly delineate which solid waste and recycling facilities will be used by tenants in each specific building. If adjoining property owners do not agree to a shared refuse/recycling arrangement, the applicant will need to arrange for private refuse/recycling service for the development. Fire 38. Fire Flow: That a fire flow report prepared by a registered professional engineer demonstrating compliance with Town standards, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 39. Sprinkler System: That the building shall have a sprinkler system in accordance with Town Code, which shall be approved by the Town Manager. 40. Fire Department Connection: That the final proposed location(s) for the fire department connection shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 41. Firefighting Access During Construction: That the final plans provide firefighting vehicle access to all construction or demolition sites as required by the NC Fire Code (Section Required Access). It will be necessary to provide vehicle access to within 100 feet of temporary or permanent fire department connections and hydrants. Vehicle access shall be provided by either temporary or permanent roads capable of supporting vehicle loading under all weather conditions. Utilities 42. Utility Plan Approval: That the final utility plan be approved by Orange Water and Sewer Authority (OWASA), Duke Energy Company, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit. 43. Underground Utilities: That all utility lines shall be placed underground, except three-phase electrical lines. That utility lines shall be routed to minimize land disturbance and that the Final Plans show the location of these proposed underground utilities. 44. OWASA Easements: That easement documents as required by OWASA and the Town Manager be recorded before final plat approval. Miscellaneous 45. Open Burning: That no open burning shall be permitted during the demolition or construction of this development. 46. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are complete.

8 Construction Access Easement: That it will be necessary to obtain Construction Access Easements for adjacent properties to the south and west prior to issuance of a Zoning Compliance Permit. 48. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Land Use Management Ordinance and Design Manual. 49. Construction Management Plan: That a Construction Management Plan be approved by the Town Manager prior to the 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, 3) indicate construction staging and material storage areas, and 4) identify construction trailers and other associated temporary construction management structures. 50. Traffic and Pedestrian Control Plan: That a Work Zone Traffic Control Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The plan shall include a pedestrian management plan indicating how pedestrian movements, including pedestrians using the existing transit system, will be safely maintained. The applicant shall apply to the Town Manager for a street closure permit at least 5 working days prior to closing the street. 51. As-Built Drawings: That prior to the issuance of a Certificate of Occupancy, it will be necessary to provide as-built drawings for building footprints, storm drainage systems, and all other existing or proposed impervious surfaces. The as-built drawings should be in DXF binary format using State plan coordinates. 52. Silt Control: That the applicant takes appropriated measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways. 53. Construction Sign Required: That the applicant post a construction sign that lists the property owner s representative, with a telephone number; the contractor s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Building Permit. The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background. The sign must be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 54. Naming and Addressing: That the applicant shall obtain approval for addressing and naming of proposed development, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

9 Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above. 56. 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 Planning Board hereby approves the application for a Site Plan Review for 151 Old University Station Road in accordance with the plans and conditions listed above. This the 15th day of December, 2009.

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