AGENDA #2

MEMORANDUM

TO: Mayor and Town Council

From: W. Calvin Horton, Town Manager

Subject: Public Hearing: Performance Motors - Application for Special Use Permit Modification
(File Nos. 7.27.C.2, 7.27.C.3, 7.27A.C.9, and 7.27A.C.10)

DATE: June 20, 2005

INTRODUCTION

We have received a request for approval of a Special Use Permit Modification for Performance Motors, to expand the boundary of the Special Use Permit, add two new buildings, and expand parking as well. The 14.25-acre site has six existing buildings on an assemblage of four lots and is located at 1810 North Fordham Boulevard, primarily between Fordham Boulevard and Old Durham Road; a small portion of the site, an employee parking lot, is located on the south side of Old Durham Road at the intersection of Cooper Street. The proposal includes a 61,100 square-foot increase in floor area, to a total of 101,390 square feet. The applicant is proposing 95 additional vehicular parking spaces, for a total of 250 total parking spaces. The applicant is also proposing a 1.3-acre expansion of the existing area encumbered by a Special Use Permit to a total of 14.25 acres. The site is located in both the Community Commercial-Conditional (CC-C) and Neighborhood Commercial (NC) zoning districts and is identified as Orange County, Chapel Hill Township Tax Map 27, Block C, Lots 2 & 3, and Orange County, Chapel Hill Township Tax Map 27A, Block C, Lots 9 and 10.

The applicant is requesting a modification to regulations from Article 3.7 of the Land Use Management Ordinance to allow parking as a principal use rather than an accessory use on the south side of Old Durham Road. The Town Council has the ability to modify the regulations, according to Section 4.5.6 of the Land Use Management Ordinance, where the Council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree.

Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of the application, and further to receive evidence which the Council may consider as the Council determines any appropriate requirements to include as conditions of approval.

This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:

• Cover Memorandum: Introduces application, describes process for review, summarizes staff and advisory board comments, and offers recommendations for Council action.

• Summary of Changes: Describes recent revisions to the staff report provided to Advisory Boards.

• Staff Report: Offers a detailed description of the site and proposed development, and presents an evaluation of the application regarding its compliance with the standards and regulations of the Land Use Management Ordinance.

• Attachments: Includes a checklist of requirements for this development, resolutions of approval and denial, advisory board comments, and the applicant’s materials.

PROCESS

The Land Use Management Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit Modification application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Town standards; we have presented a report to the Planning Board; and tonight we submit our report and preliminary recommendation to the Council.

The standard for review and approval of a Special Use Permit application involves consideration of four findings (description of the findings follows below). Evidence will be presented tonight. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Land Use Management Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.

BACKGROUND

Concept Plan reviews of this application were conducted by the Community Design Commission on November 16, 2003, and by the Town Council on February 16, 2004. See attached summary and minutes respectively.

DESCRIPTION OF THE APPLICATION

The applicant is proposing improvements associated with an expanded boundary of the Special Use Permit. The application proposes to add two new buildings with 61,100 square feet of floor area in three phases over 10 years, in addition to the six existing buildings comprising 53,380 square feet of floor area for a total post-development floor area of 101,390 square feet. The first phase is proposed to take place over three years and includes two new buildings (BMW sales and service and a pre-delivery inspection building) and 44,010 square feet of floor area; the second phase is proposed to take place over five years and includes expansion of the existing Chevrolet, Acura, Saturn showrooms, and carwash building, with 7,000 square feet of floor area, and; the third phase is proposed to take place over 10 years and includes the expansion of the existing Chevrolet, Acura, and BMW service drop-off areas with 10,100 square feet of floor area. The applicant also proposes to demolish 15,300 square feet of floor area (2,100 square-foot vacant bank building and the 13,200 square-foot service area portion of the Chevrolet & Subaru dealership). The proposed post-development site will be comprised of eight buildings and 101,390 square feet of floor area.

Proposed on-site improvements for pedestrian travel include a 100-foot westward extension of the existing sidewalk on the employee parking lot frontage of Old Durham Road. The applicant is proposing to increase the number of parking spaces by 95 to 250 parking spaces and to decrease the number of car storage spaces from 696 to 631 spaces. The applicant is proposing to provide 30 bicycle parking spaces.

Two underground cistern detention systems are proposed for capturing stormwater runoff and then reusing the water to wash cars.

EVALUATION OF THE APPLICATION

We have evaluated the application regarding its compliance with the standards and regulations of the Town’s Land Use Management Ordinance. Based on our evaluation, our preliminary recommendation is that the application as submitted, complies with the regulations and standards of the Land Use Management Ordinance and Design Manual, with the conditions and modifications of regulations included in Resolution A.

Tonight the Council receives our attached evaluation, and also receives information submitted by the applicant and citizens. The applicant’s materials are included as attachments to this memorandum. All information that is submitted at the hearing will be placed into the record.

Based on the evidence that is submitted, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit Modification.

The four findings are:

Special Use Permit Modification – Required Findings of Fact

Finding #1: 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;

Finding #2: That the use or development would comply with all required regulations and standards of the Land Use Management Ordinance;

Finding #3: 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

Finding #4: That the use or development conforms to the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.

Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application.

KEY ISSUE

We have identified one key issue associated with this development, discussed below.

Specimen Tree Protection: There is a 22-inch specimen white oak tree located in the required 30-foot type ‘D’ buffer area along the Fordham Boulevard Service Road in front of the proposed BMW showroom. The applicant is proposing to remove this tree and place six car display platforms and walkway across the front of the proposed showroom.

Comment: The Land Use Management Ordinance requires that the preservation of specimen trees be maximized. This 22-inch oak specimen tree is located inside the Ordinance-required 30-foot type ‘D’ buffer. We believe that the applicant could revise their plans to preserve the specimen tree by modifying the location of one of the six proposed car display platforms and modifying a small portion of the walkway. We furthermore believe that the tree could improve the appearance of the auto dealership front elevation. We understand that the applicant’s placement of the proposed BMW showroom was influenced by Concept Plan Review comments that encouraged a reducing the front building elevation area along the Fordham Boulevard frontage resulting in the proposed building placement. We therefore recognize that the Council may choose to allow the applicant to remove the white oak tree for this or other reasons but our preliminary recommendation is to preserve the tree. The Town’s Urban Forester has reviewed the project plans and believes the tree could be preserved with site adjustments that would minimize adverse impact on the tree. We have included a stipulation to this effect in Resolution A.

PROPOSED MODIFICATION OF REGULATIONS

The applicant is requesting a modification to regulations from Article 3.7 the Land Use Management Ordinance. The Town Council has the ability to modify the regulations, according to Section 4.5.6 of the Land Use Management Ordinance, as follows:

"Where actions, designs, or solutions proposed by the applicant are not literally in accord with applicable special use regulations, general regulations, or other regulations in this Chapter, but the Town Council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree, the Town Council may make specific modification of the regulations in the particular case. Any modification of regulations shall be explicitly indicated in the Special Use Permit Modification or Modification of Special Use Permit Modification."

Article 3.7 Use Regulations: Article 3.7 of the Land Use Management Ordinance specifies the types of uses permitted in each zoning district. Article 3.7 allows off-street parking as an accessory use in the Neighborhood Commercial zoning district (NC), but not as a free-standing principal use.

Modification to Regulations: A portion of the development site, on the south side of Old Durham Road, is in the Neighborhood Commercial (NC) zoning district. As noted immediately above, off-street parking is only permitted as an accessory use in the NC zoning district. The applicant is requesting a modification to regulations from Article 3.7 of the Land Use Management Ordinance to allow off-street parking as a principal use rather than an accessory use.

An historical note is relevant here: On November 13, 1997, the Council approved a Special Use Permit Modification with the same modification to regulations being requested again by the applicant. This 1997 modification allowed parking as a principal use on the existing part of the proposed employee parking lot. The applicant’s request now is to extend this modification of regulations to the entire proposed employee parking lot. The applicant is asking that the 1997 modification to regulations be expanded to the entire proposed employee parking lot permitting parking as a principal use in the Neighborhood Commercial (NC) zoning district.

We believe that the applicant’s request to modify use regulations in Article 3.7 of the Land Use Management Ordinance to allow parking as a principal use is reasonable. The Special Use Permit Modification is proposed to encumber the entire assemblage of parcels including the employee parking lot, making it a single zoning lot. We therefore believe that the Council could find that public purposes are satisfied to an equivalent or greater degree because, in this circumstance, a principal parking space is equivalent to an accessory parking space.

Alternatively, the Town Council could deny the proposed modification of regulations at its discretion or reasonably conclude that the modification would not satisfy public purposes to an equivalent or greater degree and could therefore deny the application or require compliance with the particular regulation.

SUMMARY

We have attached a resolution that includes standard conditions of approval as well as special conditions that we recommend for this application. With these conditions, our preliminary recommendation is that the Council could make the four findings necessary in order to approve the application. The Manager’s recommendation incorporates input from all Town departments involved in review of the application.

SUBSEQUENT REGULATORY STEPS

Following is a brief outline describing the next steps in the development review process, should the Council approve the Special Use Permit Modification application for this site:

1. Applicant accepts and records a Special Use Permit Modification, which incorporates the terms of the Council-adopted resolution.

2. Applicant submits detailed Final Plans and documentation, complying with Council stipulations. Information is reviewed by Town departments and the following agencies:

• Orange Water and Sewer Authority,

• Duke Power Company,

• Public Service Company,

• Time Warner, and

• BellSouth.

3. Community Design Commission reviews and approves building elevations and site lighting.

4. Upon demonstration of compliance with remaining Council stipulations, Town staff issues a Zoning Compliance Permit authorizing site work. Permit includes conditions specific to the development and requires pre-construction conferences with Town staff.

5. Inspections Department issues Building Permits and Certificates of Occupancy.

RECOMMENDATIONS

Recommendations are summarized below. Please see summaries of board actions and recommendations in the attachments.

Planning Board Recommendation: On June 7, 2005, the Planning Board voted 8-0 to delay making a recommendation to Council until its June 21, 2005 meeting. Section 4.5.3 of the Land Use Management Ordinance permits the Planning Board to take up to 35 days to provide a recommendation to the Town Council. The Board requested that staff respond to a number of questions regarding the Performance Motors Special Use Permit Modification application at the June 21, 2005 meeting. We will provide the June 21 Planning Board follow-up memorandum and the Summary of Action to the Council when they are available.

Transportation Board Recommendation: On June 7, 2005, the Transportation Board voted 9-0 to recommend that the Council approve this application with the adoption of Resolution B with conditions. Please see the attached Summary of Transportation Board Action.

Resolution B includes the following recommended condition.

• Transportation Management Plan: That the applicant shall prepare and obtain Town Manager approval of a Transportation Management Plan prior to issuance of a Zoning Compliance Permit. The required components of the Transportation Management Plan shall include:

a. Provide subsidies for employees to purchase bicycles to promote commuting alternatives;

b. Provide transit service information in prominent places throughout dealerships;

c. Provide a customer shuttle to University Mall or other locations giving customers easy access to a wider range of transit routes;

Comment: The Transportation Board is recommending that the standard Transportation Management Plan stipulation be supplemented with the conditions immediately above. We do not concur with the recommended conditions for the following reasons:

Item (a): We do not believe there is a rational nexus for the developer to subsidize the purchase of bicycles for employees.

Item (b): We do not believe that this requirement is necessary as the general provisions in the Transportation Management Plan stipulation are an adequate basis for staff to request more specific measures, such as posting transit information, during final plan review.

Item (c): We do not believe this is necessary as the dealerships already offer individual local rides to their customers.

The Transportation Board made two additional recommendations that we concur with and have therefore included in Resolution A, the Manager’s preliminary recommendation. Please refer to the Manager’s preliminary recommendation on the next page.

Community Design Commission Recommendation: The Community Design Commission will meet on June 22, 2005. We will provide the Council with a Summary of Community Design Commission Action when it is available.

Bicycle and Pedestrian Advisory Board Recommendation: On May 24 2005, the Bicycle and Pedestrian Advisory Board voted 4-2 to recommend that the Council approve this application with the adoption of Resolution A with conditions. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.

Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary conclusion is that, with the stipulations in Resolution A, the application complies with the standards and regulations of the Land Use Management Ordinance, except for modifications to regulations requested by the applicant. The following four conditions have been added to Resolution A since being reviewed by advisory boards. The first two conditions, of the four, are recommendations of the Transportation Board.

• Old Durham Road Directional Signage: That the applicant shall provide small directional signs, to enhance traffic circulation from the Old Durham Road side of the site, according to the Town Sign Ordinance, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

• Old Durham Road Bus-Stop Improvements: That the applicant shall provide bus-stop improvements, including a bench, trash can, information tube (for route maps), and a shelter to be located on the South Side of the Old Durham Road frontage of the site. Design subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

• Underground Stormwater Storage for Employee Parking Lot: That the applicant shall expand the existing underground stormwater storage device, or similar infrastructure, along the southern boundary of the employee parking lot, to accommodate the additional stormwater discharge associated with the proposed new employee parking lot. Design to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

• Car-Carrier Off-Loading Restrictions: That the current and future owners of the Performance Motors automobile dealerships shall not off-load trucks, including car-carriers or other trucks, on Old Durham Road frontage of the site.

Following tonight’s Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application. If the Council makes the required findings for approval of a Special Use Permit Modification, we recommend that the application be approved with the adoption of Resolution A.

Resolution B would approve the application as recommended by the Transportation Board.

Resolution C would deny the application.

Performance Motors - Special Use Permit Modification

Differences Among Resolutions

Issues	Resolution A (Approval) Town Manager’s Preliminary Recommendation and Bicycle and Pedestrian Advisory Board Recommendation	Resolution B (Approval) Transportation Board Recommendation
Require Directional Signage Near The Old Durham Road Entrances To Site	Yes	Yes
Provide Bus-Stop, Bench, Shelter, And Map Kiosk On The South Side Of Old Durham Rd.	Yes	Yes
Expand Existing Underground Stormwater Detention Structure in Employee Parking Lot to Accommodate Additional Runoff	Yes	*
Expand the Requirements of the Transportation Management Plan	No	Yes
Prohibit Off-Loading Cars From Car Carriers on Old Durham Road	Yes	*

*Issues not raised at Advisory Board meeting.

ATTACHMENTS

1. Staff Report Update, Cover Memo (p. 11)

2. Original Staff Report to Advisory Boards (p. 13).

3. Project Fact Sheet Requirements (p. 32).

4. Resolution A (Manager’s Preliminary Recommendation and Bicycle and Pedestrian Advisory Board Recommendation) (p. 33).

5. Resolution B (Transportation Board Recommendation Approving the Application) (p. 43).

6. Resolution C (Denying the Application) (p. 45).

7. Community Design Commission Concept Plan Summary (p. 46).

8. Meeting Minutes, Town Council Concept Plan Review (p. 49).

9. Bicycle and Pedestrian Advisory Board Summary of Action (p. 52).

10. Transportation Board Summary of Action (p. 53).

11. Statement of Justification (p. 54).

12. Project Fact Sheet (p. 62).

13. Traffic Impact Analysis (p. 66).

14. Area Map (p. 75).

15. Reduced Plans (p. 76).

16. Correspondence from John Goddin, dated May 9, 2005 (p. 90).

17. Correspondence from Scott Radway, dated June 14, 2005 (p. 94).

ATTACHMENT 1

STAFF REPORT UPDATE

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

Old Durham Road Directional Signage: The original staff report did not recommend signage on the Old Durham Road frontage. The Transportation Board has recommended that the applicant provide appropriate directional signage near the Old Durham Road entrances to the site. We recommend that the applicant provide small directional signs, to enhance traffic circulation to the car dealerships from the Old Durham Road side of the site, according to the Town Sign Ordinance. Signage is subject Town Manager approval, prior to issuance of a Zoning Compliance Permit. Resolution A, the Town Manager’s Preliminary Recommendation, includes this recommendation.

Bus Stops and Routes: The original staff report did not recommend bus-stop improvements along Old Durham Road. The Transportation Board has recommended that a bus-stop with appropriate facilities be provided. Our recommendation is that the applicant provide bus-stop improvements, including a bench, trash can, information tube (for route maps), and a shelter to be located on the South Side of the Old Durham Road frontage, near Cooper Street. The design is subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit. Resolution A, the Town Manager’s Preliminary Recommendation, includes this recommendation by the Transportation Board.

Environmental Issues

Stormwater Management: The original staff report did not recommend expansion of the existing underground stormwater management device beneath the employee parking lot. The applicant has offered to expand the existing underground stormwater detention structure. We recommend that the applicant expand the existing underground stormwater detention structure, or similar device, along the southern boundary of the employee parking lot, south of Old Durham Road, to accommodate the additional stormwater discharge associated with the proposed new employee parking lot, with the design to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. Resolution A, the Town Manager’s Preliminary Recommendation, includes this recommendation.

Miscellaneous Issues

Car-Carrier Off-Loading Restriction: The applicant has offered to prohibit car-carrier trucks off-loading cars on Old Durham Road, near the intersection of Cooper Street, in response to complaints from neighbors about such activity. We recommend that the current and future owners of the Performance Motors automobile dealerships not off-load cars or other merchandise on the Old Durham Road frontage of the site. We believe that the Performance Motors dealerships have sufficient area for deliveries on their site and do not need to use the public right-of-way for such activity. We also note that there are no parking signs along this frontage. A stipulation to this effect is in Resolution A.

ATTACHMENT 2

ORIGINAL STAFF REPORT TO ADVISORY BOARDS

Some of the circumstances and/or recommendations in the original Staff Report, reviewed by Advisory Boards, have changed. Please refer to the Staff Report Update (Attachment 1) for detailed discussion of changes to recommendations. The changes in the Staff Report are noted by underlines and strikeouts for inserted and deleted text respectively.

Subject: Performance Motors - Application for Special Use Permit Modification

(File Nos. 7.27.C.2, 7.27.C.3, 7.27A.C.9, and 7.27A.C.10)

Date: May 24, 2005 (Bicycle and Pedestrian Advisory Board)

May 25, 2005 (Community Design Commission)

June 7, 2005 (Planning Board)

June 7, 2005 (Transportation Board)

INTRODUCTION

We have received a request for approval of a Special Use Permit Modification for Performance Motors, represented by Philip Post and Associates, to add two new buildings. The 14.25-acre site has 6 existing buildings on an assemblage of 4 lots and is located at 1810 North Fordham Boulevard, primarily between Fordham Boulevard and Old Durham Road; a small portion of the site, an employee parking lot, is located on the south side of Old Durham Road at the intersection of Cooper Street. The proposal includes a 60,000 square-foot increase in floor area, from 55,380 square feet of existing floor area (less 15,100 square feet of demolition) to a total of 101,390 square feet. The applicant is proposing 95 additional vehicular parking spaces, in addition to the 155 existing spaces for a total of 250 total parking spaces. The applicant is also proposing a 1.3-acre expansion of the existing 12.95-acre area encumbered by a Special Use Permit to 14.25 acres. The site is located in both the Community Commercial-Conditional (CC-C) and Neighborhood Commercial (NC) zoning districts and is identified as Orange County, Chapel Hill Township Tax Map 27, Block C, Lots 2 & 3, and Orange County, Chapel Hill Township Tax Map 27A, Block C, Lots 9 and 10.

BACKGROUND

March 9, 1970 The Chapel Hill Board of Alderman approved a Unified Business Development Special Use Permit for Harris-Conners Chevrolet, Inc. for 3 buildings, 37,000 square feet of floor area, 257 parking spaces, on a 10.74-acre lot.

December 8, 1975 The Chapel Hill Board of Alderman approved a Special Use Permit Modification with changes to signage and landscaping.

December 11, 1978 The Chapel Hill Board of Alderman approved a Special Use Permit Modification with changes to signage and landscaping.

September 8, 1980 Special Use Permit approved for the National Carolina National Bank (NCNB) on the former bank portion of the site. Note that this Special Use Permit has since become void through cessation of use, as provided for in Section 4.5.5(e) of the Land Use Management Ordinance.

May 12, 1986 The Town Council approved a Special Use Permit Modification for Performance Chevrolet for 3 buildings, 46,627 square feet of floor area and 526 parking spaces.

July 13, 1987 The Town Council approved a Special Use Permit Modification for Performance Chevrolet for 4 buildings, 66,647 square feet of floor area and 404 parking spaces.

November 13, 1997 The Town Council approved a Special Use Permit Modification for Performance Motors, including an expansion of the area encumbered by the Special Use Permit to 12.95 acres and to permit a 78-space employee parking lot on the south side of Old Durham Road.

November 16, 2003 A Concept Plan review of this application was conducted by the Community Design Commission (see attached summary with applicant responses).

February 16, 2004 A Concept Plan review of this application was conducted by the Town Council (see attached minutes with applicant responses).

September 24, 2004 A Zoning Compliance Permit was approved by Town staff permitting the removal of an existing single-family home from the lot on the south side of Old Durham Road proposed for expansion of the existing employee parking lot.

February 8, 2005 A Special Use Permit Modification application was submitted by Performance Motors to expand the area encumbered by the Special Use Permit to include 14.25 acres, 6 buildings, 101,390 square feet of floor area, 250 parking spaces, and 631 car storage spaces.

EVALUATION

The Town staff has reviewed this application for compliance with the standards of the Land Use Management Ordinance and the Design Manual and offers the following evaluation.

Existing Conditions

Location: The 14.25-acre site is located at 1810 North Fordham Boulevard, primarily between Fordham Boulevard and Old Durham Road; a small portion of the site is located on the south side of Old Durham Road at the intersection of Cooper Street.

Existing Structures: There are currently 6 buildings on the site including showrooms and service garages, a garage and body shop, a car wash, and a vacant bank building with a total of 55,380 square feet of floor area.

Vehicular Access: There are 4 points of vehicular access from the Fordham Boulevard Service Road adjacent to Fordham Boulevard on the northern site boundary. There are 3 points of vehicular access from Old Durham Road on the southern boundary of the site. Also, the parking lot that is on the south side of Old Durham Road has vehicular access from Cooper Street on its eastern side.

Vehicular Parking: There are currently 155 vehicular parking spaces on-site, including the entire assemblage of parcels, as well as 696 car storage spaces on the main site.

Pedestrian Circulation: There is a sidewalk on the north side of Old Durham Road along the entire southern frontage of the main site and a sidewalk runs along the Old Durham Road and Cooper Street frontages of the employee parking lot. Several short pedestrian walkways exist internal to the main site as well.

Bus Stops, Routes: The D and CL bus routes service the Performance Motors site. Both of these bus routes have a stop near the intersection of Old Durham Road and Cooper Street providing access to the site.

Topography, Drainage, Vegetative Cover: This site has average slopes of less than 5 percent. The highest elevation is approximately 345 feet near the center of the main site and the lowest elevation is approximately 330 feet near the southern boundary of the employee parking lot.

Stormwater runoff occurs as sheet flow across the site and there is an existing underground stormwater detention facility on the south side of the employee parking lot. No portion of the site lies within the Federal Emergency Management Agency (FEMA) 100-year floodplain or the Resource Conservation District. The site is not located inside the Watershed Protection District.

Four specimen trees that have been identified on the western part of the main site, near the vacant bank, including a 22-inch white oak, a 20-inch oak, and two 18-inch oaks.

Development Description

The applicant is proposing to add two new buildings with 61,100 square feet of floor area in three phases over 10 years, in addition to the six existing buildings comprising 53,380 square feet of floor area for a total post-development floor area of 101,390 square feet. The first phase is proposed to take place over 3 years and includes two new buildings (BMW sales and service and a pre-delivery inspection building) and 44,010 square feet of floor area; the second phase is proposed to take place over 5 years and includes expansion of the existing Chevrolet, Acura, Saturn showrooms, and carwash building, with 7,000 square feet of floor area, and; the third phase is proposed to take place over 10 years and includes the expansion of the existing Chevrolet, Acura, and BMW service drop-off areas with 10,100 square feet of floor area. The applicant also proposes to demolish 15,300 square feet of floor area (2,100 square-foot vacant bank building and the 13,200 square-foot service area portion of the Chevrolet & Subaru dealership). The proposed post-development site will be comprised of 8 buildings and 101,390 square feet of floor area.

Two underground detention cistern systems for capturing stormwater and washing cars are proposed.

Concept Plan / Special Use Permit Modification Application Comparison

The plans for Performance Motors have changed in minor respects from Concept Plan review by the Community Design Commission (November 19, 2003), the Concept Plan Review by the Town Council (February 16, 2004) and the current Special Use Permit Modification application. Some of those differences are noted in the table below:

Concept Plan / Special Use Permit Modification - Comparison

	Type of Review
	Concept Plan Review: Community Design Commission November 19, 2003	Concept Plan Review: Town Council February 16, 2004	Special Use Permit Modification Review: May 2005
Expansion of Special Use Permit Boundary	12.95 to 14.24 Acres	12.95 to 14.24 Acres	12.95 to 14.24 Acres
Proposed New Floor Area	67,620 s.f.	67,620 s.f.	61,100 s.f.
Existing Floor Area	55,380	55,380	55,380
Existing Floor Area for Demolition	17,530 s.f.	17,530* s.f.	15,300* s.f.
Proposed Total Floor Area	120,900	Not Specified	101,390 s.f.
Existing Impervious Surface	423,128 s.f. (68.2%)	423,128 s.f. (68.2%)	423,128 s.f. (68.2%)
Proposed Impervious Surface*	441,438 s.f.	441,438 s.f.	418,611 (-1.1%)
Proposed Parking Spaces	344	Not Specified	250
Proposed Car Storage Spaces (Inventory)	Not Specified	Not Specified	696
Proposed Bicycle Parking Spaces	Not Specified	Not Specified	30 Bicycle Parking Spaces

*A 2,230 square-foot single family home has been removed from the lot proposed for the expanded employee parking lot.

Ordinance Requirements

Zoning: The main dealership portion of the site is located in the Community Commercial-Conditional (CC-C) zoning district and the employee parking lot part of the site is located in the Neighborhood Commercial (NC) zoning district. Most of the main site is adjacent to other lots that are zoned Community Commercial. However, the eastern part of the site is adjacent to Office/Institutional-2 (OI-2) zoning district and the southern part of the site along Old Durham Road is adjacent to lots zoned Residential-4 (R-4). The employee parking lot part of the site is adjacent to the Residential-4 (R-4) zoning district on its eastern boundary, Residential-3 (R-3) on its southern boundary, and Neighborhood-Commercial (NC) on its western boundary.

Some of the permitted uses in the Community Commercial (CC) zoning district include automobile dealerships, commercial and office establishments, as well as park and ride lots. Neighborhood Commercial (NC) zoning permits similar uses as the Community Commercial zoning district but is somewhat more restrictive.

This proposal meets zoning regulations except for parking as a principal use in the Neighborhood Commercial (NC) portion of the site where the employee parking lot is proposed. The applicant is requesting a modification to regulations for this portion of the site.

Modification to Regulations: The applicant is requesting a modification to regulations from Article 3.7 of the Land Use Management Ordinance to allow parking as a principal use rather than an accessory use on the south side of Old Durham Road. Article 3.7 of the Land Use Management Ordinance specifies the types of uses permitted in each zoning district. Parking is permitted as an accessory use in the Neighborhood Commercial (NC) zoning district but not a as a free-standing principal use. The Town Council has the ability to modify the regulations, according to Section 4.5.6 of the Land Use Management Ordinance, if in the particular case the Council finds that public purposes are satisfied to an equivalent or greater degree. The Council also has the discretion to deny requests for modification to regulations.

An historical note is relevant here: On November 13, 1997, the Council approved a Special Use Permit Modification with the same modification to regulations being requested again now by the applicant. This 1997 modification allowed parking as a principal use on the existing part of the proposed employee parking lot. The applicant’s request now is to extend this modification of regulations to the entire proposed employee parking lot. The applicant is asking that the 1997 modification to regulations be expanded to the entire proposed employee parking lot permitting parking as a principal use in the Neighborhood Commercial (NC) zoning district.

Dimensional Standards: The proposed project meets the dimensional standards outlined in the Dimensional Matrix (Table 3.8-1) of the Land Use Management Ordinance for the Community Commercial (CC) and Neighborhood Commercial (NC) zoning districts.

Transportation Issues

Traffic Impact: In November 2004, a Traffic Impact Analysis (TIA) was prepared by the Town Consultant in accordance with the Town’s TIA guidelines. The purpose of this study is to determine the impact to the surrounding transportation system caused by the additional traffic generated by the proposed Performance Motors, which is anticipated to be fully built out by the year 2007. Traffic volumes from four approved developments (Wilson Assemblage Development, Residence Inn, Europa Office Building Development, and Erwin Road Subdivision) were included in the analysis of future conditions. Also, future traffic conditions were calculated by applying an annual growth of 5%. Traffic conditions were examined one year after the anticipated build-out date (2008).

The study area for this project consists of the following intersections:

1) US 15-501 and Erwin Road – (Signalized)

2) Erwin Road and Dobbins Drive – (Unsignalized)

3) US 15/501 and Sage Road/Old Durham Road - (Signalized)

4) US 15/501 and Eastowne Drive/Blue Cross Blue Shield Entrance - (Signalized)

5) Old Durham Road and US 15-501 Frontage Road - (Unsignalized)

6) Old Durham Road and Site Exit Driveway - (Unsignalized)

7) Old Durham Road and Cooper Street/Site Exit Driveway - (Unsignalized)

8) US 15-501 Frontage Road and Performance Motors Main Entrance Driveway – (Unsignalized)

9) US 15-501 Frontage Road and Former Bank Driveway– (Unsignalized)

A summary report of the November 2004 Traffic Impact Analysis is provided in Attachment 12. Based on the consultant’s analysis staff recommendations are provided above in the Transportation Issues section.

Old Durham Road/Scarlett Drive/ Service Road Intersection Improvements: The applicant has proposed to provide the following improvements at this intersection: 1) construct a 6-foot-wide and 60-foot-long concrete island along the centerline of Old Durham Road to prevent left turns from Old Durham Road into the service road located at the east side of the intersection; 2) reconstruct the eastern service road connection at Old Durham Road as a right-out only from the service road by removal of asphalt pavement and the installation pavement markings and landscaping; and 3) repaint the Scarlett Drive stop-bar at Old Durham Road. We recommend these improvements and have included a stipulation to this effect in Resolution A.

The text immediately below has been changed from the original Staff Report.

Old Durham Road Directional Signage: We recommend that the applicant provide small directional signs, to enhance traffic circulation to the car dealerships from the Old Durham Road side of the site, according to the Town Sign Ordinance. Signage is subject Town Manager approval, prior to issuance of a Zoning Compliance Permit. A stipulation to this effect is included in Resolution A.

Fordham Boulevard Service Road Improvements: The applicant is proposing a standard 30-inch curb-and-gutter along the Fordham Blvd. service road frontage, filling in the approximately 220-foot missing section of curb-and-gutter along this frontage. We recommend this improvement and have included a stipulation to this effect in Resolution A.

The applicant is proposing a new one-way driveway exiting the northwestern corner of the site, from the Acura dealership, onto the Fordham Boulevard Service Road. We recommend that this improvement be subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

Old Durham Road Improvements: The applicant is proposing a 46-foot wide roadway cross section on Old Durham Road, with 30-inch curb and gutter, a 5-foot wide sidewalk, and room for a bicycle travel lane, on the south side of Old Durham Road, extending approximately 100 linear feet from the existing sidewalk along the Old Durham Road frontage to western end of the lot proposed for expanded employee parking. We recommend that these improvements be subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

The applicant is proposing to dedicate approximately 15 additional feet of right-of-way for about 100 linear feet on the south side of Old Durham Road to correspond to the wider existing right-of-way width immediately to the east and to accommodate the proposed 46-foot cross section, 30-inch curb and gutter and 5-foot sidewalk. We recommend that these improvements be subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit. We recommend this dedication and have included a stipulation to this effect in Resolution A.

The applicant is proposing to widen the driveway entrances to the main site to accommodate turning radii for fire apparatus on both the Service Road side of the property as well as the Old Durham Road side of the property. The entrances must meet the turning radii requirements for the Tower-71 fire truck. We recommend that these improvements be subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

The applicant is proposing to abandon the westernmost curb cut on Old Durham Road, which currently provide access to the vacant bank parking lot, and replace it with Town standard curb and gutter. We recommend that these improvements be subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit. We recommend this improvement and have included a stipulation to this effect in Resolution A.

Cooper Street Improvements: The applicant is proposing a speed table, for traffic calming purposes, on Cooper Street. We believe that this traffic calming measure would be appropriate to calm the regular traffic that uses Cooper Street to reach Legion Road Extension, for example. We recommend that a speed table, traffic-calming device be placed on Cooper Street approximately mid-block between Old Durham Road and Legion Road Extension, to be approved by the Town Manager. We have included a stipulation to this effect in Resolution A.

Signal Retiming: The applicant is proposing to provide a $2,000 payment to the Town for traffic signal retiming at the intersections of Fordham Boulevard and Eastowne Drive as well as Fordham Boulevard and Old Durham Road prior to issuance of a Zoning Compliance Permit. We recommend this payment and have included a stipulation to this effect in Resolution A.

Vehicular Access: Proposed changes to the existing vehicular circulation pattern for this site include 1) making the Service Road a right-turn out only at Old Durham Road, and 2) adding a one-way exit drive from the main dealership part of the site (northeastern corner) into the Fordham Boulevard Service Road. See Old Durham Road Intersection Improvements section above for more detail.

Vehicular Parking: The minimum required parking for the proposed automobile sales use is 45 parking spaces. This calculation is based on one parking space per 500 square feet of enclosed car exhibit area (22,480 square feet). The applicant is proposing a total of 250 parking spaces, which is 95 new spaces over the existing 155 spaces for a total of 250 parking spaces. Nine of the 250 proposed parking spaces would be handicapped spaces. This proposal complies with the Land Use Management Ordinance minimum parking requirements.

The applicant’s Statement of Justification requests additional vehicular parking spaces above and beyond the required minimum of 45 spaces, as associated with the automobile exhibit floor area. The applicant is requesting additional vehicular parking spaces for the 250 full-time employees as well the office and service activities that take place on the site. We believe that the applicant’s points are legitimate and that the number of parking spaces requested is reasonable.

Bicycle Parking: The applicant is proposing two bicycle racks with 15 parking spaces each, located in the western and central parts of the main site. The minimum required number of bicycle parking spaces on this site required by the design manual is 10% of automobile spaces, or 25 spaces. These 25 bicycle parking spaces are further required to be 5 Class I spaces and 20 Class II spaces. Class I spaces are required to be inside a building in a secure area. Class II spaces are required to be a secure bicycle rack in a well-lighted area, near the entrance to a building. We recommend that the applicant provide, 1) five Class I bicycle parking spaces be inside one or more buildings on the Performance Motors site (such as an employee locker room area), and 2) two Class II, well-lighted, wave-type bicycle racks, with 12-spaces each, sited near the showrooms on the eastern and western parts of the main dealership site, for a total of 29 spaces. The design will be subject to Town Manager approval prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

Pedestrian Circulation: The applicant is proposing a painted cross-walk on Old Durham Road, from the employee parking lot to the main dealership portion of the site. We believe that this proposal will improve public safety for pedestrians crossing Old Durham Road. The design will be subject to approval by the NCDOT and the Town Manager prior to issuance of a Zoning Compliance Permit. We recommend this improvement and have included a stipulation to this effect in Resolution A.

The applicant is proposing to install handicap ramps built to NCDOT standard at both ends of the proposed crosswalk on Old Durham Road. We believe this will improve handicapped access between the employee parking lot and the main part of the site. We recommend this improvement and have included a stipulation to this effect in Resolution A.

As noted earlier, the applicant is proposing to extend the existing 5-foot wide sidewalk along the south side of Old Durham Road frontage of the proposed expanded employee parking lot.

The applicant is proposing several painted pedestrian walkways and sidewalks throughout the site which we believe will improve pedestrian circulation and safety. We also recommend that the applicant accommodate an existing pedestrian connection from the western boundary of the old bank site, to the adjacent Hardees Restaurant. We are recommending the removal of several parking spaces to enhance the preservation potential of the 20-inch oak tree in this area. See the specimen trees paragraph in the Landscaping and Architectural section below for additional information.

We recommend that the applicant provide a 5-foot wide sidewalk extending approximately 410 linear feet eastward along the Fordham Blvd. service road frontage, from the existing sidewalk near the Hardees on the east side of the site, to the driveway entrance to the west of the proposed BMW showroom. We recommend this improvement and have included a stipulation to this effect in Resolution A.

The text immediately below has been changed from the original Staff Report.

Bus Stops and Routes: ~~No improvements to the existing bus stop network are proposed or recommended with this application.~~ We recommend that the applicant provide bus-stop improvements, including a bench, trash can, information tube (for route maps), and a small shelter to be located on the South Side of the Old Durham Road, near the intersection of Cooper Street. Design subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit. Resolution A, the Town Manager’s Preliminary Recommendation, includes this recommendation.

Transportation Management Plan: We recommend that the applicant provide a Transportation Management Plan to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit and have included a stipulation to that effect. According to Town guidelines, a comprehensive Transportation Management Plan should include:

• Quantifiable traffic reduction goals and objectives;

• Provisions for designation of a Transportation Coordinator;

· Provision for an annual Transportation Survey and Annual Report to the Town Manager;

• Ridesharing incentives;

• Public transit incentives; and

• Other measures subject to approval by the Town Manager.

A stipulation to this effect has been included in Resolution A.

Landscaping and Architectural Issues

Significant Tree Stands: No significant tree stands have been identified on this site.

Specimen Trees: Four specimen trees that have been identified on the western part of the main site, near the vacant bank, including a 22-inch white oak, a 20-inch oak, and two 18-inch oaks. The applicant is proposing to retain one of the specimen trees, the 20-inch oak, located on the western boundary, adjacent to the Hardees restaurant. In order to better protect the 20-inch oak, we recommend that the applicant move proposed parking outside of the tree’s critical root zone. We believe this may be achieved by carefully removing the existing curbing and pavement in the critical root zone of the oak tree as well as approximately 3 of the proposed parking spaces along the western boundary. We have included a stipulation to this effect in Resolution A.

We also recommend that the applicant protect the 22-inch white oak tree, which is located in the required 30-foot type ‘D’ buffer area along the Service Road. We recommend that revisions be made to the proposed grading plan to minimize construction impact within the critical root zone of this tree. We also recommend that the applicant revise their plans to remove the proposed car display platform from the critical root zone area of this tree. We have included a stipulation to this effect in Resolution A. The applicant is not proposing to preserve this white oak tree as this area is proposed for automobile display platforms in front of the proposed BMW showroom. We understand that the applicant is concerned with the impact this large tree may have on the visibility of their showroom as well as the potential for debris and sap falling on new cars. We recognize that the Council may choose to allow the applicant to remove the white oak trees for these or other reasons but our recommendation is to preserve the tree.

Buffers and Landscaping: The table below outlines the minimum landscape buffers requirements for the site and the buffers proposed by the applicant.

Landscape Buffers
Main Dealership Part of Site
Location	Ordinance Requirement (Min.)	Proposed Buffers
Northern Property Line (Service Road frontage)	30 ’ Type ‘D’ External Buffer	Variable Width Type ‘D’ External Alternative Buffer (20 to 40 ft., as Existing)
Western Property Line (adjacent to Hardees)	10’ Type ‘B’ Internal Buffer	Type ‘B’ Internal Alternative Buffer (5-ft.)
Southern Property Line (Old Durham Road frontage)	30’ Type ‘D’ External Buffer	Variable Width Type ‘D’ External Alternative Buffer with Berm (10-35 ft., as Existing)
Eastern Property Line (adjacent to Blue Cross/BS)	20’ Type ‘C’ External Buffer	Variable Width Type ‘C’ Internal Buffer (23 to 50 ft.)
Cooper Street Employee Parking Lot Part of Site
Northern Property Line (Old Durham Rd. Frontage)	30 ’ Type ‘D’ External Buffer	Variable Width Type ‘D’ External Alternative Buffer (5 – 16 ft., as Existing) with brick wall 3-4 ft. tall
Western Property Line (Adjacent to lot zoned NC)	20’ Type ‘C’ Internal Buffer	20’ Type ‘C’ Internal Buffer with 6-foot stockade fence
Southern Property Line (Adjacent to lots zoned R-3 )	20’ Type ‘C’ Internal Buffer	20’ Type ‘C’ Internal Buffer with 6-foot stockade fence
Eastern Property Line (Cooper St. Frontage)	30 ’ Type ‘D’ External Buffer	Variable Width Type ‘D’ External Alternative Buffer (8 – 25 ft.) with brick wall 3-4 ft. tall No Proposed Changes

A 30-foot type “D” external buffer is required along the Fordham Boulevard Service Road frontage (northern property line) of the main site. The applicant is proposing a variable width ‘Type D’ external alternative buffer (20-40 feet). We recommend that a 30-foot type “D” external buffer be provided along the Fordham Boulevard Service Road frontage adjacent to all areas of the site where new development is proposed. This is also the area where the 22-inch white oak specimen tree, that we recommend preserving, is located. We have included a stipulation for this 30-foot minimum buffer in Resolution A.

Some developed areas of the site do not appear to be consistent with previously approved landscape plans for this property. We recommend that these inconsistencies be resolved and appropriate plants be provided so that automobiles cannot be parked in the landscape buffer area of the Fordham Boulevard Service Road frontage, for example. We recommend that automobiles be prohibited from parking within the specified landscape buffer areas. The planting requirements for a type “D” buffer include large and small trees as well as shrubbery. We recommend that a Landscape Plan reflect these requirements prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

A 10-foot type “B” internal buffer is required along the western property line of the main site, adjacent to Hardees. The applicant is proposing a 5-foot buffer. We recommend that the applicant provide a 5-foot type “B” alternative buffer along the western property line, subject to approval by the Community Design Commission. In addition, we believe that the chances of preserving the 20-inch oak specimen tree along this property line will be enhanced if the applicant removes several parking space from the critical root zone of this tree. For more detail see Specimen Trees section immediately above.

A 30-foot type “D” external buffer is required along the north side of the Old Durham Road frontage of the main site (southern property line). The applicant is proposing a variable width ‘Type D’ external alternative buffer (10-35 feet) in conjunction with an existing earthen berm as currently exists on the site. We recommend that the applicant provide a 30-foot type “D” external buffer along the Old Durham Road frontage adjacent to all areas of the site where new development is proposed. We have included a stipulation to this effect in Resolution A.

A 20-foot type “C” internal buffer is required along the eastern property line of the main site, adjacent to Blue Cross/Blue Shield. The applicant is proposing a 23 to 50-foot variable width type “C” internal buffer. We recommend that the applicant provide a 23 to 50-foot variable width type “C” internal buffer. We have included a stipulation to this effect in Resolution A.

A 30-foot type “D” external buffer is required along the south side of the Old Durham Road frontage of the employee parking lot portion of the site. The applicant is proposing an 8 to 20-foot variable width type “D” external alternative buffer with a brick wall. We recommend that the applicant provide an 8 to 25 foot variable width type “D” alternative buffer, to correspond to the existing approved alternative buffer, on the boundary of the proposed new parking area. We have included a stipulation to this effect in Resolution A.

A 20-foot type “C” internal buffer is required along the western property line of the employee parking lot portion of the site. The applicant is proposing a 20-foot type “C” internal buffer with a 6-foot wooden stockade fence. We recommend that the applicant provide a 20-foot type “C” internal buffer with a 6-foot wooden stockade fence. We have included a stipulation to this effect in Resolution A.

A 20-foot type “C” internal buffer is required along the southern property line of the employee parking lot portion of the site. The applicant is proposing a 20-foot type “C” external buffer with a 6-foot wooden stockade fence. We recommend that the applicant provide a 20-foot type “C” external buffer with a 6-foot wooden stockade fence. We have included a stipulation to this effect in Resolution A.

A 30-foot type “D” external buffer is required along the Cooper Street Frontage, (eastern property line) of the employee parking lot portion of the site. No changes are proposed to the existing 8 to 25-foot variable width type “D” external alternative buffer with brick wall segments.

We recommend that a detailed Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan must include a detail of protective fencing and construction parking and materials staging/storage areas. This plan must also show all critical root zones of rare and specimen trees affected by proposed construction indicate which labeled trees are proposed for removal, and where tree protection fencing and/or silt fencing will be installed along all construction limit lines. We have included a stipulation to this effect in Resolution A.

We recommend that detailed landscape plans (including buffers), landscape maintenance plans, and parking lot shading requirements 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. We have included a stipulation to this effect in Resolution A.

We recommend that all parking areas shall be screened from view in accordance with the provisions of Article 5.6 of the Land Use Management Ordinance. The screening plans shall be 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.

We also recommend that the applicant comply with Town parking landscaping standards in Section 5.9.6(d) of the Land Use Management Ordinance. The shading plan shall be 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.

We recommend that the applicant provide a five-foot wide planting strip around the perimeter of proposed buildings. We have included a stipulation to this effect in Resolution A.

We recommend that the proposed landscape buffers remain undisturbed and no stormwater control structures, including rain gardens, be placed in the buffers. We have included a stipulation to this effect in Resolution A.

Building Elevations and Lighting Plan: We recommend that detailed building elevations and a lighting plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit. We also recommend that the Community Design Commission take additional care during review to ensure that the proposed lighting plan will minimize 1) upward light pollution and 2) offsite spillage of light on the portion of the main site where new development is proposed as well as the employee parking lot. We recommend that the applicant retrofit existing lights in the employee parking lot, if necessary, to achieve compliance with lighting standards of the Land Use Management Ordinance. We have included a stipulation to this effect in Resolution A.

ENVIRONMENTAL ISSUES

Watershed Protection District: The site is not located in the Watershed Protection District.

Impervious Surface: The Land Use Management Ordinance allows applicants to deduct impervious surface area that existed on a development site as of January 27, 2003 from the proposed impervious surface to calculate the post-development percentage of impervious surface on a site. The post-development impervious surface is calculated by subtracting the existing impervious surface from the proposed impervious surface and divided that figure by the existing pervious surface on the site, as illustrated in the table below:

Existing and Proposed Impervious Surface Data
	Gross Land Area	Existing Impervious Surface	Existing Pervious Surface	Proposed Impervious Surface	Proposed minus Existing Impervious Surface
Area (Square Feet)	620,700 s.f.	423,128 s.f.	197,572 s.f.	418,611 s.f.	4,725 s.f.
Percentage of Gross Land Area	100%	68.2%	31.8%	67.4%	0.76%
Percentage of Existing Pervious Land Area	NA	NA	NA	NA	2.3%

Section 3.6.4-1 of the Land Use Management Ordinance requires proposed development to comply with either a low density option (24% impervious surface limit) or a high density option (50% impervious surface limit). The applicant is proposing to increase existing pervious area on the site by 4,725 square feet (2.3%).

The applicant is proposing to use pervious pavers in some portions of the proposed parking lots, which we believe will help minimize stormwater runoff. The applicant should note that the deduction for impervious surface is dependent upon Town Manager approval of pervious paving designed according to the Design Manual and use of the proper runoff coefficient. We have included a stipulation to this effect in Resolution A.

Floodplain: The 1983 Federal Emergency Management Agency (FEMA) Floodplain Map does not identify any portion of this site as being in the 100-year floodplain.

Resource Conservation District: There is not Resource Conservation District on the site as associated with the presence of perennial stream channels or as related to an elevation of 3 feet above the 100-year floodplain. The Town conducted an on-site inspection and determined that there were no streams on the site.

Stormwater Management: The applicant is proposing to manage stormwater associated with the proposed development by constructing two ADS underground water quality units in the southern and central parts of the main site. The water quality control units will also be employed as water reuse cisterns for washing cars. The proposed stormwater management facilities are identified on Sheet C-7 of the plans. We believe, based on the preliminary information submitted by the applicant, that the proposed stormwater management facility design will comply with the Land Use Management Plan stormwater standards for rate, quality and volume. We recommend that, prior to the issuance of a Zoning Compliance Permit, the applicant submit a Stormwater Management Plan for review and approval by the Town Manager. We have included a stipulation to this effect in Resolution A.

The text immediately below has been changed from the original Staff Report.

The applicant has offered to expand the existing underground stormwater detention structure in the employee parking lot, to accommodate the additional stormwater discharge associated with the proposed new employee parking lot. We recommend that the applicant expand the existing underground stormwater detention structure, or similar device, along the southern boundary of the employee parking lot, south of Old Durham Road, to be 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.

The Stormwater Management Plan shall be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate and the post-development stormwater runoff volume shall not exceed the pre-development volume for the local 2-year frequency, 24-hour duration storm event. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.

Erosion Control: The regulations require 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 County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to the issuance of a Zoning Compliance Permit. If more than one acre of land is disturbed, 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. We have included stipulations to this effect in Resolution A.

UTILITIES AND SERVICE ISSUES

Refuse Management: The Ordinance requires that a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing of construction debris, and demolition waste be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

We recommend that the applicant hold pre-demolition and pre-construction conferences with Orange County Solid Waste staff. We have included a stipulation to this effect in Resolution A.

We recommend that the applicant hold a deconstruction assessment meeting with Orange County staff 60 days prior to issuance of a demolition permit. We have included a stipulation to this effect in Resolution A.

We recommend that final plans include dimensioned details as well as appropriate signage and lighting for the refuse area, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. These standard stipulations are included in Resolution A.

We recommend that the applicant include the following Final Plan notes prior to issuance of a Zoning Compliance Permit:

Prior to any demolition or construction activity on the site the applicant will hold a deconstruction assessment conference with the County’s Solid Waste staff concerning buildings to be removed from this site.
Any gate design will include gate retainers;
The user will be responsible for opening gates to the dumpster area on collection days of any material(s) to be collected from this location;
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.
By Orange County Ordinance, clean wood waste, scrap metal and corrugated cardboard, all present in construction waste, must be recycled.
By Orange County Ordinance, all haulers of construction waste must be properly licensed.
Prior to any demolition or construction activity on the site the applicant will 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

We have included stipulations to this effect in Resolution A.

We recommend that the applicant orient all dumpster pads in the same direction to allow for ease of service. According to the current plans, the proposed dumpster closest to the existing garage and body shop is oriented incorrectly to allow for proper service. We have included a stipulation to this effect in Resolution A.

We recommend the applicant reserve space at the waste collection area for a minimum of six recycling roll-carts to assist in collection and storage of recyclables such as glass, metal cans, plastic, and papers. The carts may be arranged in any manner to allow the fronts of all carts to be accessible at all times for deposit and collection of materials. Collection access to the carts should be on the same grade level as cart storage or a handicap-style curb-cut ramp provided. We have included a stipulation to this effect in Resolution A.

We recommend that heavy-duty pavement be provided within the pathway to refuse container(s), subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. We recommend that the following note be included on the final plans regarding drive-aisles and service vehicles: “The Town of Chapel Hill, its’ assigns or the County, shall not be responsible for any pavement damage, to existing or proposed area that may result from service vehicles.” We have included a stipulation to this effect in Resolution A.

We also recommend that final plans confirm that no overhead obstruction or utility wires will interfere with service vehicle access or operation. We have included a stipulation to this effect in Resolution A.

Utilities: The Ordinance requires that detailed utility plans be reviewed and approved by OWASA, Duke Power Company, Public Service Company, BellSouth, Time Warner Cable and the Town Manager prior to issuance of a Zoning Compliance Permit. Except for three phase power lines, the Ordinance requires that all new or relocated utility lines be located underground. We have included these standard stipulations in Resolution A.

Fire Safety: It is required for all driveway entrances to be designed to meet the minimum unobstructed turning radii for fire apparatus access. It is required for the applicant to provide a fire flow report, sealed by a professional engineer, be submitted for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit, for all proposed fire hydrants. We have included stipulations to this effect in Resolution A.

MISCELLANEOUS ISSUES

Recombination Plat: We recommend that the applicant provide a recordable recombination plat, subject to Town Manager approval, for the purpose of recombining the 4 parcels comprising the assemblage, into two parcels, one on each side of Old Durham Road. The applicant must provide a copy of the recorded recombination plat to the Town prior to issuance of a Zoning Compliance Permit.

Traffic and Pedestrian Control Plan: We recommend that a Traffic Management Plan for movement of motorized and non-motorized vehicles on any public streets (maintained and operated by the Town or the NCDOT) that will be disrupted during construction, including detour information and a Pedestrian Management Plan indicating how pedestrian movements on or adjacent to public rights-of-way will be safely maintained be reviewed and approve by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

The text immediately below has been changed from the original Staff Report.

Car-Carrier Off-Loading Restriction: The applicant has offered to prohibit car-carrier trucks off-loading cars on Old Durham Road, near the intersection of Cooper Street, in response to complaints from neighbors about such activity. We recommend that the current and future owners of the Performance Motors automobile dealerships not off-load cars or other merchandise on the Old Durham Road frontage of the site. We believe that the Performance Motors dealerships have plenty of area for deliveries on their site and do not need to use the public right-of-way for such activity. We also note that there are no parking signs along this frontage. A stipulation to this effect is in Resolution A.

Comprehensive Plan: The Land Use Plan, a component of the Comprehensive Plan, adopted by the Council on May 8, 2000, identifies the main dealership portion of this 4-lot assemblage as Commercial and the employee parking lot part of the site as Low Density Residential (1-4 units/acre).

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:

1. 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;

2. 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;

3. 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

4. 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 noted previously.

CONCLUSION

Based on information available at this stage of the application review process, we believe that the proposal, with the conditions in Resolution A, and the modification of regulations, meets the requirements of the applicable sections of the Land Use Management Ordinance and Design Manual, and that the proposal conforms with the Comprehensive Plan.

Resolution A and B would approve the application with conditions. Resolution C would deny the application.

ATTACHMENT 3

Project Fact Sheet Requirements

Check List of Regulations and Standards

Special Use Permit Modification Application

Performance Motors	Compliance	Non-Compliance
Use Permitted	Ö With requested modification of regulations on the employee parking lot portion of the site
Min. Gross Land Area	Ö
Min. Lot Size	Ö
Min. Lot Width	Ö
Max. Floor Area	Ö
Impervious Surface Limits	Ö Low Density Option with Structural Stormwater Controls
Treatment of Stormwater Quality, Volume, and Rate	Ö
Min. Recreation Area/Space	NA
Min. # Vehicular Parking Spaces	Ö
Min. # Bicycle Parking Spaces	Ö
Max. # Dwelling Units	NA
Min. Street Setback	Ö
Min. Interior Setback	Ö
Min. Solar Setback	Ö
Max. Height Limit	Ö
Min. Landscape Buffers	Ö With Alternative Buffer Approval
Steep Slopes	Ö
Resource Conservation District	Ö
Watershed Protection District	NA
Adequate Public Schools Facilities	NA
Section 6.18 (Planned Developments)	NA

NA = Not Applicable Prepared: May 17, 2005

ATTACHMENT 4

RESOLUTION A

(Approving the Special Use Permit Modification Application)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR PERFORMANCE MOTORS

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Philip Post and Associates, Inc. for Performance Motors on property identified as Orange County Tax Map 27, Block C, Lots 2 & 3 and Orange County Tax Map 27A, Block C, Lots 9 & 10 (PIN nos. 9799-68-6685, 9799-78-1315, 9799-78-0702, 9799-78-2336) if developed according to the site plans dated August 23, 2004, revised May 25, 2005 and the conditions listed below:

1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Would comply with all required regulations and standards of the Land Use Management Ordinance;

3. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Would conform with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED by the Town Council of Chapel Hill that it finds, in this particular case, that the following modification satisfies public purposes to an equivalent or greater degree:

Modification of Article 3.7 of the Land Use Management Ordinance use regulations, to allow parking as a principal use, on the employee parking lot portion of the site, which is in the Neighborhood Commercial (NC) zoning district;

Said public purposes, to an equivalent or greater degree, being based on a determination that, in this case, a principal parking space is equivalent to an accessory space.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for Performance Motors in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. That construction begin by (two years from approval date) and be completed by (ten years from approval date).

2. Land Use Intensity: This Special Use Permit Modification authorizes several automobile dealerships, with associated repair, preparation areas, parking, and vehicle storage, land use intensity requirements and dimensional standards as specified below:

Land Use Intensity
Net Land Area	564,273 s.f.
Total # of Buildings in Three Phases	8
Maximum Floor Area	101,390 s.f.
Maximum Impervious Surface Area	418,611 s.f.
Maximum # of Parking Spaces Proposed	250
Minimum # of Bicycle Spaces	29 (5 Class I/24 Class II)

Stipulations Related to Transportation Issues

3. Old Durham Road/Scarlett Drive/Service Road Intersection Improvements: That the applicant shall provide the following improvements at this intersection: 1) construct a 6-foot-wide and 60-foot-long concrete island along the centerline of Old Durham Road to prevent left turns from Old Durham Road into the service road located at the east side of the intersection; 2) reconstruct the eastern service road connection at Old Durham Road as a right-out only from the service road by removal of asphalt pavement and the installation pavement markings and landscaping; and 3) repaint the Scarlett Drive stop-bar at Old Durham Road. These improvements shall be subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.

4. Old Durham Road Directional Signage: That the applicant shall provide small directional signs, to enhance traffic circulation from the Old Durham Road side of the site, according to the Town Sign Ordinance, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

5. Fordham Boulevard Service Road Curb & Gutter Improvements: That the applicant shall construct a standard 30-inch curb-and-gutter along the Fordham Boulevard Service Road frontage, filling in the approximately 220-foot missing section of curb-and-gutter along this frontage, subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.

6. Fordham Boulevard Service Road Sidewalk Improvements: That the applicant provide a 5-foot wide sidewalk extending approximately 410 linear feet eastward along the Fordham Boulevard service road frontage, from the existing sidewalk near the Hardees on the east side of the site, to the driveway entrance to the west of the proposed BMW showroom.

7. Additional One-Way access to Fordham Boulevard Service Road: That the applicant provide a one-way driveway exiting the northwestern corner of the site, from the Acura dealership, onto the Fordham Boulevard Service Road., subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.

8. Old Durham Road Improvements: That the applicant shall provide a 30-inch wide curb and gutter, a 5-foot wide sidewalk, and room for a bicycle travel lane, within a 46-foot wide roadway cross section on the south side of Old Durham Road, extending approximately 100 linear feet from the existing sidewalk along the Old Durham Road frontage to the western end of the lot proposed for expanded employee parking. These improvements shall be subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.

9. Old Durham Road Right-of-Way Dedication: That the applicant shall dedicate approximately 15 additional feet of right-of-way for about 100 linear feet on the south side of Old Durham Road to correspond to the wider existing right-of-way width immediately to the east and to accommodate the proposed 46-foot cross section, 30-inch curb and gutter and 5-foot sidewalk, subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.

10. Old Durham Road Bus-Stop Improvements: That the applicant shall provide bus-stop improvements, including a bench, trash can, information tube (for route maps), and a shelter to be located on the South Side of the Old Durham Road frontage of the site. Design subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

11. Abandon Old Durham Road Curb Cut: That the applicant shall abandon the westernmost curb cut on Old Durham Road that currently provides access to the vacant bank parking lot, and replace it with Town standard curb and gutter subject to NCDOT and Town Manager approval prior to issuance of a Zoning Compliance Permit.

12. Old Durham Road Pedestrian Crosswalk: That the applicant provide a painted cross-walk on Old Durham Road, from the employee parking lot to the main dealership portion of the site. The design will be subject to NCDOT and Town Manager approval prior to issuance of a Zoning Compliance Permit.

13. Old Durham Road Handicap Ramps: That the applicant provide handicap ramps, built to NCDOT standard, at both ends of the proposed crosswalk. The design will be subject to NCDOT and Town Manager approval prior to issuance of a Zoning Compliance Permit.

14. Cooper Street Speed Table: That the applicant shall provide a speed table, for traffic calming purposes, on Cooper Street approximately mid-block between Old Durham Road and Legion Road Extension, built to Town Standard and subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

15. Signal Retiming: That the applicant shall provide a $2,000 payment to the Town for traffic signal retiming at the intersections of Fordham Boulevard and Eastowne Drive as well as Fordham Boulevard and Old Durham Road prior to issuance of a Zoning Compliance Permit.

16. Bicycle Parking: That the applicant shall provide 1) five Class I bicycle parking spaces inside one or more buildings on the Performance Motors site (such as an employee locker room area), and 2) two Class II, well-lighted, wave-type bicycle racks, with 12-spaces each, sited near the showrooms on the eastern and western parts of the main dealership site, for a total of 29 spaces, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

17. Western Pedestrian Connection: That the applicant shall provide a pedestrian connection to the adjacent Hardees Restaurant on the western boundary of the site, in the vicinity of the 20-inch oak tree proposed for preservation. The design will be subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

18. Parking Lot Standards: That all parking lots, drive aisles and parking spaces shall be constructed to Town standards.

19. Transportation Management Plan: That the applicant shall prepare and obtain Town Manager approval of a Transportation Management Plan prior to issuance of a Zoning Compliance Permit. The required components of the Transportation Management Plan shall include:

a. Quantifiable traffic reduction goals and objectives;

b. Provisions for designation of a Transportation Coordinator;

c. Provision for an annual Transportation Survey and Annual Report to the Town Manager;

d. Ridesharing incentives;

e. Public transit incentives; and

f. Other measures subject to approval by the Town Manager.

Stipulations Related to Landscaping and Architectural Issues

20. Required Buffers: That the following landscape buffer be provided; and if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by fencing from adjacent construction:

Required Landscape Buffers

Main Dealership Part of Site
Location	Proposed Buffers
Northern Property Line (Service Road frontage)	Variable Width Type ‘D’ External Alternative Buffer (20 to 40 ft., existing, 30 ft. new development)
Western Property Line (adjacent to Hardees)	Type ‘B’ Internal Alternative Buffer (5-ft.)
Southern Property Line (Old Durham Road frontage)	Variable Width Type ‘D’ External Alternative Buffer with Berm (10-35 ft., existing, 30 ft. new development)
Eastern Property Line (adjacent to Blue Cross/BS)	Variable Width Type ‘C’ Internal Buffer (23 to 50 ft.)
Cooper Street Employee Parking Lot Part of Site
Northern Property Line (Old Durham Rd. Frontage)	Variable Width Type ‘D’ External Alternative Buffer (5 – 16 ft., as Existing) with brick wall 3-4 ft. tall
Western Property Line (Adjacent to lot zoned NC)	20’ Type ‘C’ Internal Buffer with 6-foot stockade fence
Southern Property Line (Adjacent to lots zoned R-3 )	20’ Type ‘C’ Internal Buffer with 6-foot stockade fence
Eastern Property Line (Cooper St. Frontage)	Variable Width Type ‘D’ External Alternative Buffer (8 – 25 ft., as Existing) with brick wall 3-4 ft. tall No Proposed Changes

Alternative landscape buffers must be approved by the Community Design Commission.

21. Fordham Boulevard Service Road Frontage Landscape Buffers: That the applicant shall provide a 30-foot type “D” external buffer along the Fordham Boulevard Service Road frontage adjacent to all areas of the site where new development is proposed. That the applicant shall provide a 20 to 40-foot variable width type “D” alternative external buffer along the Fordham Boulevard Service Road frontage adjacent to existing dealership buildings and supplement these existing buffers with type “D” external buffer plantings, subject to Community Design Commission and Town Manager approval prior to issuance of a Zoning Compliance Permit.

22. Automobile Display or Storage in Landscape Buffers Prohibited: That the display or storage of automobiles within specified landscape buffer areas shall be prohibited.

23. Western Property Line Landscape Buffers: That the applicant shall provide a 5-foot type “B” internal alternative buffer along the western property line, subject to approval by the Community Design Commission, prior to issuance of a Zoning Compliance Permit.

24. Old Durham Road Frontage Landscape Buffers: That the applicant shall provide a 30-foot type “D” external buffer along the Old Durham Road frontage adjacent to all areas of the site where new development is proposed. That the applicant shall provide a variable width ‘Type D’ external alternative buffer (10-35 feet), in conjunction with an existing earthen berm as currently exists on the site, for all areas adjacent to existing development, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

25. Specimen Tree Protection: That the applicant shall protect the two specimen trees, 1) the 20-inch oak, on the western boundary of the site and 2) the 22-inch white oak tree, which is located in the required 30-foot type ‘D’ buffer area along the Service Road. The applicant shall carefully remove pavement and curbing as well as several parking spaces shown on plans outside of the 29-inch oak tree’s critical root zone. The applicant shall also revise plans and remove the proposed car display platform and walkway outside the critical root zone of the 22-inch white oak tree. The design will be subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

26. 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.

27. Landscape Plan and Landscape Maintenance Plan: That a detailed Landscape Plan including 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.

28. Parking Lot Landscape Screening: That all parking areas shall be screened from view in accordance with the provisions of Article 5.6 of the Land Use Management Ordinance. The landscape screening plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

29. Shading Plan: That prior to issuance of a Zoning Compliance Permit, a Shading Plan must be submitted and approved by the Town Manager demonstrating compliance with Town regulations.

30. Building Elevations: That the Community Design Commission 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.

31. Lighting Plan: That the Community Design Commission approve a lighting plan for this project prior to issuance of a Zoning Compliance Permit. The Community Design Commission 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 on the portion of the main site where new development is proposed as well as the employee parking lot. That the applicant shall retrofit existing lights in the employee parking lot, as appropriate, to achieve compliance with the lighting standards of Land Use Management Ordinance.

Stipulations Related to Environmental Issues

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. The plan shall include low-impact stormwater management solutions and best management practices, such as bio-retention, pervious pavements, underground storage, infiltration trenches, vegetative swales and similar techniques.

The plan shall be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate and the post-development stormwater runoff volume shall not exceed the pre-development volume for the local 2-year frequency, 24-hour duration storm event. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.

33. Underground Stormwater Storage for Employee Parking Lot: That the applicant shall expand the existing underground stormwater storage device, or similar infrastructure, along the southern boundary of the employee parking lot, to accommodate the additional stormwater discharge associated with the proposed new employee parking lot. Design to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

34. Storm Drainageway Easement: That all stormwater management improvements, outside public right-of-way, shall be located inside reserved storm drainageway easements, per Town guidelines, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

35. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.

36. State or Federal Approvals: That any required State or Federal permits or encroachment agreements must be approved by the appropriate agencies and copies of the approved permits be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.

37. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for monitoring and maintenance of facilities and modifications of the plan if necessary, be approved by the County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. That a performance guarantee shall be provided, if more than one acre of land is disturbed, in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.

38. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

Stipulations Related to Utility and Service Issues

39. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, and for managing and minimizing construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

40. Solid Waste Final Plan Details: That final plans shall include dimensioned details as well as appropriate signage and lighting for the refuse area, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. That final plans shall also include the following notes:

Prior to demolition or construction activity on the site the applicant shall hold a deconstruction assessment conference with the County’s Solid Waste staff concerning buildings to be removed from this site.
Any gate design shall include gate retainers;
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;
If any vehicles are parked in the refuse or recyclables collection vehicle access area, the containers shall not receive service until the next scheduled collection day;
By Orange County Ordinance, clean wood waste, scrap metal and corrugated cardboard, all present in construction waste, shall be recycled;
By Orange County Ordinance, all haulers of construction waste shall be properly licensed; and
Prior to any demolition or construction activity on 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.

41. Refuse Pad Orientation: That the applicant orient refuse pads in the same direction for proper access.

42. Recycling Facilities: That the applicant provide six recycling roll carts in the waste collection area for recyclable materials such as glass, metal cans, plastic, and papers.

43. Heavy Duty Pavement: That the applicant shall provide heavy-duty pavement for service vehicles across drive aisles access routes to refuse container(s), subject to Town Manager approval.

44. Pavement Damage: That final plans include the following note, prior to issuance of a Zoning Compliance Permit, “The Town of Chapel Hill, its’ assigns or the County shall not be responsible for any pavement damage that may result from service vehicles.”

45. Overhead Obstruction/Utility Lines: That the final plans included details verifying that no overhead obstruction or utility wires will interfere with service vehicle access or operation.

46. Utility/Lighting Plan Approval: That the final Utility/Lighting Plan be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.

47. Utility Line Placement: That all new utility lines shall be placed underground. The applicant shall indicate proposed off-site utility line routing and upgrades required to service the site on Final Plans, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

48. Fire Flow: That a fire flow report for all new development, shall be prepared and sealed by a registered professional engineer, which demonstrates that flows meet the minimum requirements of the Town Design Manual, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Miscellaneous Issues

49. Recorded Recombination Plat: That the applicant shall provide a recordable recombination plat to the Town Manager for approval for the purpose of recombining the 4 subject lots of the development assemblage (7.27.C.2, 7.27.C.3, 7.27A.C.9, and 7.27A.C.10) into two lots, one on each side of Old Durham Road. The applicant shall provide a copy of the recorded recombination plat to the Town prior to issuance of a Zoning Compliance Permit.

50. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle traffic will be managed, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

51. Traffic and Pedestrian Control Plan: That a Traffic Management Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction, including detour information and a pedestrian management plan indicating how pedestrian movements will be safely maintained shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

52. Car-Carrier Off-Loading Restrictions: That the current and future owners of the Performance Motors automobile dealerships shall not off-load trucks, including car-carriers or other trucks, on Old Durham Road frontage of the site.

53. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.

54. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Land Use Management Ordinance and the Design Manual.

55. As-Built Plans: That as-built plans in DXF binary format using State plane coordinates, shall be provided for street improvements and all other existing or proposed impervious surfaces prior to issuance of the first Certificate of Occupancy.

56. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.

That if the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for an individual phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and if applicable a note to this effect shall be placed on the final plan and/or plat.

57. Construction Sign: That the applicant shall post a construction sign 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 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.

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

59. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit Modification application for Performance Motors, as proposed by Philip Post and Associates, in accordance with the plans and conditions listed above.

This is the______day of__________________, 2005.

ATTACHMENT 5

RESOLUTION B

(Transportation Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE PERFORMANCE MOTORS

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Philip Post of Philip Post and Associates, Inc. for Performance Motors on property identified as Orange County Tax Maps 27, Block C, Lots 2 and 3 (PIN nos. 9799-68-6685 and 9799-78-1315) and Tax Maps 27A, Block C, Lots 9 and 10 (PIN nos. 9799-78-0702 and 9799-78-2336) if developed according to the site plans dated August 23, 2004, revised May 25, 2005 and the conditions listed below:

1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Would comply with all required regulations and standards of the Land Use Management Ordinance;

3. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Would conform with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED by the Town Council of Chapel Hill that it finds, in this particular case, that the following modification satisfies public purposes to an equivalent or greater degree:

1. Modification of Article 3.7 of the Land Use Management Ordinance use regulations, to allow parking as a principal use, on the employee parking lot portion of the site, which is in the Neighborhood Commercial (NC) zoning district;

Said public purposes, to an equivalent or greater degree, being based on a determination that, in this case, a principal parking space is equivalent to an accessory space.

1. Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development unless modified or superseded by those stipulations below.

2. Revised Stipulations: That the following stipulation shall be revised:

g. Quantifiable traffic reduction goals and objectives;

h. Provisions for designation of a Transportation Coordinator;

i. Provision for an annual Transportation Survey and Annual Report to the Town Manager;

j. Ridesharing incentives;

k. Public transit incentives; and

l. Other measures subject to approval by the Town Manager.

f. Quantifiable traffic reduction goals and objectives;

g. Provisions for designation of a Transportation Coordinator;

h. Provision for an annual Transportation Survey and Annual Report to the Town Manager;

i. Ridesharing incentives;

j. Public transit incentives;

k. Provide subsidies for employees to purchase bicycles to promote commuting alternatives;

l. Provide transit service information in prominent places throughout dealerships;

m. Provide a customer shuttle to University Mall or other locations giving customers easy access to a wider range of transit routes;

n. Other measures subject to approval by the Town Manager.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit Modification application for Performance Motors in accordance with the plans and conditions listed above.

This is the day of , 2005.

ATTACHMENT 6

RESOLUTION C

(Denying the Special Use Permit Modification Application)

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE PERFORMANCE MOTORS

1. Would not be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Would not comply with all required regulations and standards of Land Use Management Ordinance;

3. Would not be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Would not conform with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Town Council hereby denies the application for a Special Use Permit Modification for Performance Motors in accordance with the plans listed above and with the conditions listed below:

(INSERT ADDITIONAL REASONS FOR DENIAL)

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for Performance Motors as proposed by Philip Post and Associates for Performance Motors.

This is the______day of__________________, 2005.