ATTACHMENT 1
STAFF REPORT UPDATE
Public Hearing – October 4, 2006
INTRODUCTION
This update is provided as a clarification for circumstances and/or recommendations that have changed since the Original Staff Report (Attachment 2) was composed and reviewed by advisory boards, with detailed discussion below. The changes are also noted in the respective sections of the original Staff Report to correspond to discussions in this update. We believe that the applicant is in agreement with each of the recommended changes, except where noted.
Transportation Issues
Vehicular Parking: The original staff report recommended 13 vehicular parking spaces. We are recommending 23 parking spaces in the staff report. Please refer to the recommendations section in the cover memorandum, under vehicular parking for additional information.
Bicycle Parking: The original staff report recommended 3 wave-type bicycle racks. Please refer to the recommendations section in the cover memorandum, under bicycle parking for additional information.
Pedestrian Circulation: We have revised the original staff report to include a recommendation in Resolution A for “yield to pedestrians” signs at the proposed speed table/crosswalk on Eastgate Shopping Center Drive. Please refer to the recommendation section for additional information.
Bus Stops and Routes: We have made minor changes to a stipulation requiring bus stop improvements on East Franklin Street. Please refer to the recommendation section for additional information.
Environmental Issues
Corrective Action Plan and Remediation Agreement: The original staff report recommended additional information from the applicant in regard to a November 10, 2003 Council Resolution granting the applicant expedited processing. This was in error as the conditions were only related to the expedited processing, granted by the Council.
Two conditions in the resolution, associated with the request for expedited processing, required that the applicant 1) complete a corrective action plan to clean up contaminated soils on the former BP/Amoco service station site, and 2) execute an agreement with BP/Amoco committing them to site remediation, prior to proceeding with their application to Concept Plan Review and submitting a Special Use Permit Modification application. The applicant, Federal Realty, submitted a letter on June 14, 2004 describing their fulfillment of the two conditions referenced above. The Town approved the applicant’s fulfillment of the conditions in a letter dated July 7, 2004, thereby permitting the applicant to proceed to Concept Plan Review and to submit a Special Use Permit Modification application. Federal Realty has provided documents pertinent to their request for expedited processing and that are part of Attachment 3.
Floodplain/Floodway& Resource Conservation District: The original staff report recommended that the applicant’s only choices for renovating the structure on the Starbucks at Eastgate site were to continue to use the structure as is or to limit renovations to no more than 50% of the existing appraised value of the building (i.e. no substantial improvement). Continuing discussions with the North Carolina Department of Emergency Management have confirmed that the applicant has two additional choices for renovation in the regulatory floodway. Please refer to the recommendation section for additional information.