Wachovia at Meadowmont

SUBJECT: Public Hearing: Wachovia Bank at Meadowmont – Application for Special Use Permit

Attached for your consideration is an application for a Special Use Permit to construct a bank on a 1.6-acre site at the northeast corner of NC 54 and East Barbee Chapel Road in the Meadowmont Development. The property is located in the Residential-5-Conditional (R-5-C) zoning district and the Watershed Protection District, and is identified as part of Durham Township Tax Map 479, Block I, Lot 1B.

The proposal includes a one-story building with 4,150 square feet of floor area, 31 parking spaces and drive-through with an Automatic Teller Machine and two teller stations.

Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of this application, and further to receive evidence which the Council may consider as it determines any appropriate conditions to impose upon the proposed development.

The Development Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit 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 recommendation to the Council.

The standard for review and approval of a Special Use Permit application pursuant to an approved Master Plan involves consideration of consistency with the Master Plan and compliance with the Town’s regulations and standards. Evidence will be presented tonight. If, after consideration of the evidence, the Council decides that it can make the necessary findings, the Development Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making the findings, then the application cannot be approved and, accordingly, should be denied by the Council.

CONTIGUOUS PROPERTY

One of the findings that the Council must make when considering a Special Use Permit application is:

That the use of 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.

Contiguous Property: Property adjoining, neighboring, and nearby the outer boundary of a proposed development. For development proposals that are small in scale and similar in proposed use to existing uses in the immediate vicinity, contiguous property shall be construed to be those properties immediately adjacent. For large development proposals and/or proposed uses that are significantly different from existing uses nearby, or proposals that have significant topographic features that could impact nearby properties, contiguous property shall be construed to include those properties in a larger area, and those likely to experience negative impacts resulting from the proposed development. But in every case, for a proposal over 10 acres but less than 100 acres, at a minimum all property within 500 feet shall be considered contiguous; for development proposals that are over 100 acres, at a minimum all properties within 1,000 feet shall be considered contiguous.

The Town Attorney has advised that the Council should specify what area it considers to be contiguous property for each Special Use Permit application that comes before the Council for consideration. Therefore, based on the Town Attorney’s advice to the Council, we suggest that prior to recessing the hearing this evening the Council discuss and determine by vote what should be considered contiguous property for this application. The attached Resolution G provides a format for determining the definition of contiguous property for this application.

Description of the Application

We have received an application for a Special Use Permit for construction of a 4,150 square foot single story bank including 31 parking spaces and three drive-through lanes. The 1.6-acre property is within the Meadowmont development in the Residential-5-Conditional (R-5-C) zoning district and the Watershed Protection District.

Existing Conditions: The site is at the northeast corner of the NC Highway 54 /East Barbee Chapel Road intersection. Most of the 1.6-acre site slopes (10-15%), away from the street frontage of the site toward the northern and eastern property lines. The high point (elevation 296 feet) is near the NC Highway 54 /East Barbee Chapel Road corner of the site. Most of the site drains to a low point (elevation 276) along the northern property line. The site has a tree canopy of pines, and oaks, with an under story of young hardwoods and cedars. Approximately thirteen specimen trees, including beech, hickory and several oaks with diameters in excess of 20 inches are scattered within the site.

The property lies entirely within Durham County. The Cedars Retirement Community abuts the site to the north. East Barbee Chapel Road borders the property on the west. NC Highway 54 abuts the site to the south. Across East Barbee Chapel Road is the Meadowmont Apartment development. To the east is the Lloyd farm and homestead.

Development Description: The proposal calls for construction of a Wachovia Bank branch with 4,150 square feet of floor area and 31 parking spaces. Vehicular access is proposed to be from an access point on East Barbee Chapel Road approximately 300 feet north of NC Highway 54.

A Special Use Permit is required for this development because all development pursuant to a Master Plan approval requires a Special Use Permit.

On October 23, 1995, the Town Council approved a Master Land Use Plan for the Meadowmont development. The plan proposed a mix of residential, office, and commercial uses on a 435-acre site. This application for a Special Use Permit has been submitted pursuant to that Master Plan approval.

We have evaluated the application regarding its compliance with the standards and regulations of the Development Ordinance. We have prepared a Planning Staff Report, attached to this memorandum, that discusses intensity standards, access and circulation, parking, traffic impact, and building elevations, buffers, and landscaping, stormwater management, refuse management, utilities, fire safety, and erosion control. A checklist describing compliance with regulations is also provided as an attachment to this memorandum.

Based on our evaluation, we have concluded that the application as submitted complies with the regulations and standards of the Development Ordinance.

Tonight the Council receives our attached evaluation, and also receives information submitted by the applicant and others. The applicant’s materials are included as attachments to this memorandum. We have not received other written information from other citizens as yet. Staff, applicant, and others may provide information at the Public Hearing. All information submitted will be placed in the record of this Public Hearing

In a typical Special Use Permit proceeding, the burden is on the applicant to present a case which allows the Council to make the required four findings for approving a Special Use Permit. The four findings are:

With Council approval of a conceptual Master Plan, however, if the Special Use Permit application is found to be consistent with the Master Plan, the burden regarding three of the four findings then shifts to those opposed to approval of the Permit. The Council must only make the finding that the proposed development complies with all applicable sections of the Development Ordinance. Evidence will be presented at the Public Hearing on this application. If the Council decides that the evidence does not support making the fourth finding, or if the Council finds that the application is inconsistent with the Master Plan, then the application cannot be approved and accordingly should be denied by the Council.

Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of, and in opposition to, this application. If, after consideration of the evidence, the Council decides that it can make the necessary findings, the Development Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making the necessary findings, then the application cannot be approved and, accordingly, should be denied.

KEY ISSUES

Based on the review of this application by Town advisory boards and the Town staff, several key issues have been identified and discussed as follows:

Parking: The minimum-parking requirement for a bank at this location is one parking space per 350 square feet of floor area. Based on the bank’s proposed floor area the minimum number of parking spaces required for this development is 12. The applicant is proposing 31 parking spaces.

Manager’s Comment: We believe that a reduction in the proposed parking may be appropriate. We note that the Council has stated its expectation that parking in new developments not exceed 110% of the minimum parking spaces requirement provided in the Development Ordinance. In this case, calculating parking based on a 110% ceiling would limit parking for this development to 14 spaces.

In response to the Council’s expectations on reductions in the number of on-site parking spaces and comments from the Community Design Commission during the Concept Plan Review, the applicant has provided two supporting documents in order to support the request for 31 parking spaces. We have included the applicant’s information in Table 1 and Table 2 in the Planning Staff Report (see page 17 of this document). The applicant’s materials outline the projected employee and customer parking needs and also provide a survey of available parking at existing banks in Chapel Hill.

Reviewing the applicant’s materials outlining projected employee and customer parking needs, we believe that it would be reasonable to estimate the bank’s parking needs based on two spaces for each anticipated employee. This method would assume one space per employee and one space for each customer being helped by an employee. Using this calculation method the number of parking spaces needed for this facility is 24.

As previously stated we continue to believe that the proposed pedestrian, bicycle improvements and future mass transit amenities of the Meadowmont community could result in a smaller number or vehicular trips and therefore reduced parking needs.

We believe that a Transportation Management Plan, encouraging employees to use mass transit and providing incentives for alternative means of transportation could result in a reduction of on-site parking space needs. We have included a stipulation in Resolution A requiring the submission of a Transportation Management Plan.

By reducing the number of parking spaces, the applicant could reduce paved parking area and preserve more existing vegetation. We believe this could result in greater buffers to the surrounding land uses. We also believe that the reduction of parking spaces along the northern and/or eastern portions of the site would provide a greater opportunity for the applicant to install bio-retention facilities.

Following the Town Council’s policy on limiting maximum parking spaces to 110% of the minimum requirement, we are recommending that Resolution A include a stipulation that the number of parking spaces for this project shall not exceed 14 spaces. However, as noted above, we believe that a reasonable argument could be made for allowing as many as 25 spaces.

Bio-Retention: We believe that an opportunity may exist for the applicant to provide bio-retention features on this project to intercept runoff from impervious areas.

Manager’s Comment: We believe the removal of parking spaces along the northern property line may create an appropriate area for a bio-retention facility. Although we believe that this location may be suitable for bio-retention, we recommend that during the review of the Final Plans the Town Manager reviews and determines the suitability of this area of the site for a bio-retention facility. We note that the installation of a bio-retention feature may decrease the amount of landscape materials in the landscape bufferyards.

We recommend, if the Council approval stipulates the removal of the proposed parking spaces along the northern property line and the Town Manager determines that the site is suitable for a bio-retention facility, that the applicant’s Final Plan materials include a proposal for a bio-retention facility in this area. We recommend that additional parking spaces along the eastern property line be removed, if deemed necessary by the Town Manager, in order to enhance and/or accommodate this bio-retention facility. We have included this stipulation in Resolution A.

CONSISTENCY WITH THE MASTER PLAN

The Meadowmont Master Land Use Plan indicated a 27,500 square foot office/commercial development at this location. The approved Master Land Use Plan also included a public street between East Barbee Chapel Road and the Lloyd property along the northern edge of this site. Proposed access to the site, as shown on the approved Master Land Use Plan, was from this public street. The submitted plan differs from the approved Master Land Use Plan in several respects. Two differences, the public street connection to the Lloyd property and the proposed land use, are discussed below.

Regarding the public street connection to the Lloyd property, the Council’s approval of the Infrastructure Special Use Permit included relocation of the proposed public street, between East Barbee Chapel Road and the Lloyd property, further north and away from this site. This change requires the applicant to access the development from East Barbee Chapel Road.

A second difference between the 1995 Master Plan and this Special Use Permit application relates to allowable uses and floor area on the site. The Town Council discussed restricted uses and limited floor area for this site during consideration of the Meadowmont Infrastructure Special Use Permit application. The Meadowmont developer, during the Infrastructure Special Use Permit Hearing, agreed to reduce the floor area on this site (originally shown on the Master Plan as 27,000 square feet) by 19,000 square feet. The developer also agreed to restrict the use of the site to a 4,000 square foot bank with a drive-through and 4,000 square feet of office space. This action was undertaken by the developer in an effort to reduce overall trip generation from Meadowmont by approximately 25%. As described above, this proposal now includes a bank with a total of 4,150 square feet. We believe this is consistent with the Master Plan.

Please see the attachment (#14) from the applicant describing additional similarities and differences between the Master Plan and this development application.

We have attached a resolution that includes standard conditions of approval, as well as special conditions that we recommend for this application. The conditions that we recommend are described in detail in the accompanying staff report. With these conditions, we believe that the Council could make the findings regarding health, safety and general welfare, property values, and consistency with the Comprehensive Plan.

The Manager’s recommendation incorporates input from all Town departments involved in review of the application.

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

1. Applicant accepts and records the Special Use Permit, 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:

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

4. Final Plat is reviewed and approved by Town staff. Plat is recorded at the Orange County Register of Deeds office.

5. 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;

6. Engineering Department issues an Engineering Construction Permit, authorizing work within the public right-of-way; and

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

Recommendations

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

Planning Board Recommendation: The Planning Board reviewed this application on January 2, 2001 and voted 9-0 to recommend that the Council approve the application with adoption of Resolution B. Please see the attached Summary of Planning Board Action.

Resolution B includes the following recommended condition of the Planning Board:

Staff Comment: We recommend, in accordance with Council policy, that the number of parking spaces for this development not exceed 14.

Transportation Board Recommendation: The Transportation Board reviewed this application on January 2, 2001, and voted 4-1 to recommend that the Council approve the application with the adoption of Resolution C. Please see the attached Summary of Transportation Board Action.

Resolution C includes the following recommended condition of the Transportation Board:

Staff Comment: We do not believe that an additional sidewalk is needed along the north side of the entrance driveway. We note that the applicant is proposing an internal sidewalk along the south side of the entrance drive. We also note and support a proposed sidewalk connection between the bank and the Cedar’s development. We believe that these proposed internal sidewalks provide appropriate pedestrian connectivity from East Barbee Chapel Road and the Cedars. We also believe that the increased impervious surface area from an additional sidewalk and associated decreased landscape bufferyard, between the bank and the Cedars development, is undesirable.

Ø That a sidewalk connection be provided between the site and the sidewalk/bikepath along NC 54.

Staff Comment: Although we believe that a sidewalk connection between the site and the NC 54 sidewalk/bikeway is desirable, we note that one will exist along East Barbee Chapel Road. We believe the amount of clearing and grading required for a second connection is a concern. With respect to the topography between the proposed bank and NC 54, we believe that the installation of a sidewalk, constructed to ADA and Town standards, could result in grading and clearing a larger portion of the NC 54 Entrancway Corridor than originally envisioned by the Council. We believe that the existing NC 54 sidewalk/bikeway and the public sidewalks along East Barbee Chapel Road eliminate the need for an additional sidewalk between this site and the NC 54 sidewalk/bike path.

Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on January 2, 2001 and voted 5-0 to recommend that the Council approve the application with the adoption of Resolution D. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action to the Council.

Resolutions A and D includes the following recommended conditions of the Bicycle and Pedestrian Advisory Board:

Ø That the applicant provide a sidewalk to nearest transit stop including pavement to the street edge.

Resolution D also includes the remaining recommended conditions of the Bicycle and Pedestrian Advisory Board (not included in Resolution A):

Ø That a pedestrian accessible automatic teller machine be included within the design of the bank.

Staff Comment: We believe that the Council could find that a pedestrian accessible automatic teller machine (ATM) is desirable. We note that the proposal includes an ATM; however it is designed for automobile drive-through and may not be entirely appropriate for pedestrian walk-ups. However, we defer to the applicant’s experience with banking facilities for decisions about how to provide banking services.

Ø That zebra-striped crosswalks be provided at the intersection of NC 54 and Barbee Chapel Road. This would include all intersection approaches with pedestrian signal heads.

Staff Comment: We note that plans for the Highway NC 54 improvements associated with the Meadowmont development were reviewed and approved by the North Carolina Department of Transportation within the last 12 months. Those improvement has been undertaken and are nearly complete. The approved plans, which included improvements to the Barbee Chapel Road intersection, provided pedestrian crosswalks and pedestrian activated signals for pedestrians and bicycle riders crossing East Barbee Chapel Road and Barbee Chapel Road. The approved plans did not include pedestrian crosswalks or pedestrian activated signals across Highway NC 54.

We note that the Council’s approval of the Meadowmont development included a pedestrian tunnel under NC 54. We believe that this pedestrian tunnel is the safest method for pedestrians and bicycle riders wishing to cross the highway. Although we believe that the approved crosswalks and pedestrian activated signals for crossing Barbee Chapel and East Barbee Chapel Roads are appropriate and necessary, we do not recommend the installation of crosswalks or pedestrian activated signals across NC 54 at this intersection.

Ø That the internal crosswalk to the Cedars development to the north and the internal crosswalk through the drive-through lane~~should~~ should be raised to slow vehicle traffic.

Staff Comment: We do not believe that there is evidence demonstrating pedestrian safety benefits that might be gained from requiring raised crosswalks with this proposal. Unlike larger developments and parking areas, we do not believe that a development of this scale would benefit from this type of improvement.

Ø That the sidewalk connection to the Cedars development to the north should be straightened out.

Staff Comment: We believe that this recommendation was suggested in conjunction with the possible elimination of parking spaces along the north property line. We note that the elimination of these parking spaces could allow for a more direct sidewalk connection between The Cedars and the main entrance to the bank. If the Council determines that parking spaces along the north property line must be removed, we would agree that the proposed sidewalk between the bank and The Cedars should be relocated.

We have included a condition in Resolution A requiring that, if the Council eliminates some or all of the parking spaces along the north property line, the sidewalk connection from The Cedars be located so that it is more in line with the walkway along the eastern edge of the bank.

Community Design Commission Recommendation: The Community Design Commission reviewed this application on December 20, 2000, and voted 8 - 3 to recommend that the Council approve the application with the adoption of Resolution E. Please see the attached Summary of Community Design Commission Action to the Council.

Resolution E includes the following recommended condition of the Community Design Commission:

Ø That the sidewalk north of the entrance on Barbee Chapel Road be extended in a manner such that southbound pedestrians traveling to this site on Barbee Chapel Road do not have to cross both the entrance drive to the site and the drive-through road in order to reach the building.

Staff Comment: As noted above in the Transportation Board Recommendation, we believe that the existing public sidewalk adjacent to this site and the proposed sidewalk connection along the south side of the entrance drive provide adequate pedestrian access to this site.

Ø That an additional sidewalk connection be provided for northbound pedestrians (approaching the site from NC Highway 54) who are trying to access the bank building. This additional sidewalk would extend through the NC Highway 54 landscape bufferyard.

Staff Comment: As noted above in the Transportation Board Recommendation, the amount of clearing and grading necessary in order to construct this sidewalk connection through the NC 54 buffer lead us to recommend not requiring this sidewalk improvement.

Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary conclusion is that the application complies with standards and regulations of the Development Ordinance.

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 these public purpose findings for the Development Ordinance regulations, and makes the four required findings for the approval of a Special Use Permit, we recommend that the application be approved with the adoption of Resolution A.

Resolution B would approve the application based on the recommendations of the Planning Board.

Resolution C would approve the application based on the recommendations of the Transportation Board.

Resolution D would approve the application based on the recommendations of the Community Design Commission.

Resolution E would approve the application based on the recommendations of the Bicycle and Pedestrian Advisory Board.

Resolution G would determine the definition of contiguous property for this application.

WACHOVIA AT MEADOWMONT SPECIAL USE PERMIT

DIFFERENCES AMONG RESOLUTIONS

14. Applicant’s Letter Describing Compliance with the Meadowmont Master Land Use Plan (p. 45).

SUBJECT: Public Hearing: Wachovia Bank at Meadowmont – Special Use Permit Application

BACKGROUND

On October 23, 1995, the Town Council approved a Master Land Use Plan for the Meadowmont development. The plan proposed a mix of residential, office, and commercial uses on the 435-acre site. The Master Plan identifies this site as office/commercial use. Pursuant to that Master Plan approval, this application for a Special Use Permit has been submitted.

Comparison to Master Land Use Plan: The Meadowmont Master Land Use Plan indicated a 27,500 square foot office/commercial development at this location. The approved Master Land Use Plan also included a public street between East Barbee Chapel Road and the Lloyd property along the northern edge of this site. Proposed access to the site, as shown on the approved Master Land Use Plan, was from this public street. The submitted plan differs from the approved Master Land Use Plan in several respects. Two differences, the public street connection to the Lloyd property and the proposed land use, are discussed below.

A second difference includes an agreement by the Meadowmont Developer to reduce the approved floor area on this site (27,000 square feet) by 19,000 square feet. The developer also agreed to restrict the use of the site to a 4,000 square foot bank with a drive through and 4,000 square feet of office space. This action was undertaken by the developer in an effort to reduce overall trip generation from Meadowmont by approximately 25%. The Town Council discussed this floor area reduction during consideration of the Meadowmont Infrastructure Special Use Permit.

Please see the attached letter from the applicant describing additional similarities and differences between the Master Plan and this development application.

EVALUATION

The Town staff has reviewed this application for comparison with the standards of the Development Ordinance and the Design Manual and offers the following evaluation.

Existing Conditions: The site is at the northeast corner of the NC Highway 54 /East Barbee Chapel Road intersection. Most of the 1.6-acre site slopes (10-15%), away from the street frontage of the site toward the northern and eastern property lines. The high point (elevation 296 feet) is near the NC Highway 54 /East Barbee Chapel Road corner of the site. Most of the site drains to a low point (elevation 276) along the northern property line. The site has a tree canopy of pines, oaks, with an under story of young hardwoods and cedars. Approximately thirteen specimen trees, including beech, hickory and several oaks with diameters in excess of 20 inches are scattered within the site.

Intensity Standards: The applicant’s Project Fact Sheet indicates that the proposal would meet all land use intensity standards for the Residential-5-Conditional zoning district. The maximum floor area for an independent, stand-alone site of this size would be 11,634 square feet. The applicant proposes 4,150 square feet of floor area. The minimum required open space on this lot is 55,342 square feet; the applicant proposes 67,723 square feet. The minimum required livability space on this lot is 38,092 square feet; the applicant proposes 47,068 square feet.

This site includes a portion of the eastern exterior boundary of the Meadowmont development, and as such is subject to specific Master Plan requirements including a building/parking setback of 40 feet, and a landscape buffer width of 20 feet. The site also includes a portion of the Meadowmont Master Plan 54 Highway Entranceway buffer and bikeway/pedestrian path. The proposal respects these standards specific to the Meadowmont Master Land Use Plan.

Land Use: During the 1997 Public Hearing on the Meadowmont Infrastructure Special Use Permit the Meadowmont developer agreed, in response to Council’s concerns with traffic volumes, to restrict the use of this site to a two story structure with a 4,000 square foot bank and drive through on the first floor and 4,000 square feet of office space on the second floor. The Council understood that the Meadowmont developer would submit to the Town Manager an application to modify the approved Master Land Use Plan and limit the land use and floor area of this site as stated.

On March 22, 1999, a Modification to the Master Land Use Plan was approved. The approval reduced and restricts the land use on this site, as well as on five other sites within the Meadowmont development. We recommend that the use of this development be restricted to the proposed bank with a drive-through. We have included a stipulation to this effect in Resolution A.

Access and Circulation: Vehicular access is proposed to be provided via an access point off East Barbee Chapel Road approximately 300 feet north of NC Highway 54. This access is proposed as a “full- movement” access permitting left turning movements into and out of the site. A center turn lane on East Barbee Chapel Road will allow southbound traffic to queue in the roadway before turning into the site.

A public sidewalk is located along the East Barbee Chapel Road frontage and a 10-foot wide bikeway/pedestrian path is under construction along the NC 54 Highway frontage. Pedestrian sidewalks are proposed to extend into the site from East Barbee Chapel Road and from the Cedars Retirement Community.

We recommend, and the applicant has agreed, that the parking lot be designed and constructed to Town standards. We have included in Resolution A a stipulation to this effect.

We also recommend that the refuse/recycling service vehicle routes be heavy-duty pavement, with a 10-inch base course. We have include in Resolution A a stipulation to this effect.

In addition to the bicycle/pedestrian path along NC Highway 54, bike lanes are included in the East Barbee Chapel Road cross-section. A bike rack is proposed at the northeast corner of the building. We recommend that this development comply with the Design Manual standards for location and design of bicycle parking facilities. A stipulation to that effect is included in Resolution A.

Parking: The minimum-parking requirement for a bank at this location is 1 parking space per 350 square feet of floor area. Based on the bank’s proposed floor area the minimum number of parking spaces required for this development is 12. The applicant is proposing 31 parking spaces. We believe that a reduction in the proposed parking may be appropriate.

We note that the Council has stated its expectation that parking in new developments not exceed 110% of the minimum parking spaces requirement provided in the Development Ordinance. In this case, that would mean limiting parking to 14 spaces.

In response to the Council’s expectations and comments from the Community Design Commission on excessive parking spaces, the applicant has provided the following additional information in order to justify the additional parking spaces. This information is summarized below:

Employee and anticipated Customers Parking Spaces

5 bank tellers + 4 customers = 9

4 customers waiting to see tellers = 4

1 branch manager + 1 customer = 2

1 service representative + 1 customer = 2

5 personal bankers + 5 customers = 10

2 handicapped parking spaces = 2

4 customer parking = 4 .

Total number of parking spaces based on

Above anticipated employees/customers = 33

Number of spaces proposed by applicant = 31

Table 2

Survey of Banks in Chapel Hill and Available Parking

Bank Address No of Spaces/Available Parking

BB&T 143 E. Rosemary St. 9 (Public parking available)

1406 E. Franklin St. 25

Bank of 1805 Chapel Hill Blvd. 27

America 1201 B Raleigh Blvd. Storefront

137 E. Franklin St. Public parking available

100 Banks Dr. 57

951 Willow Dr. 17 (Near Univ. Mall Parking)

CCB 1775 Dobbins Dr. 16

201 S. Estes Dr 32

121 W. Franklin St. 21 (In Univ. Square)

100 Carolina Meadows In retirement community

750 Weaver Dairy Rd. In retirement community

Centura 101 E Rosemary St. 18 (Public parking available

841 Willow Dr. 12 (Near Univ. Mall)

Table 2 (continued)

Survey of Banks in Chapel Hill and Available Parking

Bank Address No of Spaces/Available Parking

First Citizens 1650 E. Franklin St. Public parking available

134 E. Franklin St. 18 (Public parking available)

First Union 201 S. Estes Dr. 28

100 E. Franklin St. Public parking available

Hillsborough 1406 E. Franklin St. 21

State Employees 1010 S. Hamilton Rd. 46

Credit Union 110 S. Elliott Rd. 31

Wachovia 165 E. Franklin St. Public parking available

101 Banks Dr. 38

Estes Dr. & Willow Dr. 23 (Near Univ. Mall)

After reviewing the information submitted by the applicant we continue to believe that a reduction in the number of proposed parking spaces may be appropriate.

We note of the twenty-four banks in Chapel Hill identified by the applicant, only five have as many or more parking spaces that the 31 proposed by the applicant. We also note that the average number of parking spaces, of the 17 facilities with parking, is 25 spaces.

We also believe that the comparison to existing banking facilities is not a compelling argument supporting the 31 spaces proposed by this applicant. We anticipated that the proposed pedestrian, bicycle improvements and future mass transit amenities of the Meadowmont community, would result in a reduced number of vehicular trips to this site.

By reducing the number of parking spaces, the applicant could reduce built-upon parking area and preserve more existing vegetation. We believe this could result in greater buffers to the surrounding land uses. We also believe that the reduction of parking spaces along the northern and/or eastern portions of the site would provide a greater opportunity for the applicant to install bio-retention facilities.

Following the Town Council’s policy on parking, we recommend that the number of parking spaces for this project be reduced to a maximum of 14 spaces. We recommend that at a minimum the eight parking spaces along the northern portion of the site be eliminated. We also recommend, that additional parking spaces along the eastern portion of the site be removed, if necessary, in order to install a bio-retention facility. We have included a stipulation to that effect in Resolution A.

Traffic Impact: The Traffic Impact Study for this Special Use Permit application corresponds with the overall Traffic Impact Study for the entire Meadowmont development. The overall study was approved as part of the Master Land Use Plan, and calls for several improvements to NC 54. The overall study assumed office and retail development, as well as residential units, in the section of Meadowmont north of NC 54.

The applicant’s Traffic Impact Analysis for this proposal assumes that the Council-approved improvements to NC 54 would be in place, including widening the NC 54 to a 6-lane facility from Burning Tree Drive to Barbee Chapel Road, and that Meadowmont Lane would be a 4-lane drive. Meadowmont Lane has been completed up to the Rizzo Center. Substantial portions of the NC 54 improvement are complete. Resolution A requires that all NC 54 improvements required by the Council for the Meadowmont development either be finished or bonded before the proposed development is occupied.

The analysis describes conditions at the signalized NC Highway 54 intersections at Barbee Chapel Road. The analysis indicates that this intersection will in the future operate at Level of Service B at the p.m. peak hour and Level of Service C at the a.m. peak hour. Please see the attached Traffic Impact Analysis Summary submitted by the applicant. The applicant, in the attached Traffic Impact Analysis, indicates that this development will generate 1,110 vehicle trips per 24-hour period.

We have also included a stipulation in Resolution A that a Transportation Management Plan be developed by the applicant and approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that the plan be updated and approved on an annual basis. A Transportation Management Plan is a plan for minimizing single-occupancy vehicle travel to a particular development. The plan also sets forth employee incentives for the use of alternative transportation, such as transit and ridesharing.

Highway 54 Entranceway Corridor: This application contains a section of the Entranceway Corridor open space. Beginning at the northeast corner of East Barbee Chapel Road and Highway 54, this area extends eastward along Highway 54 for approximately 300 feet, terminating at the western property line of the Lloyd property. The area is approximately 50 feet deep and is relatively flat. A portion of the NC 54 bikeway and pedestrian path is under construction adjacent to and outside this corridor.

The approved Master Land Use Plan requires the following for this area of Meadowmont:

· a plan defining an entranceway corridor identifying those area of the site where structures would be visible from Highway 54;

· a set of design guidelines that set forth principals which shall be followed and met for structures, including surface parking lots, within the entranceway corridor;

· that planting be provided, meadows be restored and existing vegetation preserved along the highway frontage in general compliance with the Town’s Master Landscape Plan for Entranceway Corridors along Highway 54; and

In response the Meadowmont developer submitted three documents; Design Guidelines, Entranceway Corridor Design Guidelines, and Design Guidelines, Plans and Details. These documents were approved by the Council as part of the applicant’s 1997 Infrastructure Special Use Permit application. We note that the approved Entranceway Corridor Design Guidelines document includes the following design guidelines for this section of the NC 54 Corridor:

We recommend that the final planting plan for the NC 54 Corridor be reviewed and approved by the Town Manager. We note that additional plantings may be needed in this area as the final plans are developed and we recommend that this be noted at this time.

We have included a stipulation in Resolution A that requires a type “D” 50-foot landscape buffer be adjacent to the highway.

Buffers and Landscaping: The vegetation clearing plan, a component of the approved Meadowmont Master Land Use Plan, indicated that up to 85-100% of the vegetation might be cleared in this portion of Meadowmont.

According to the Meadowmont Master Plan landscape buffers are not required to separate this development from adjacent Meadowmont developments. However, the eastern property line comprises part of the Meadowmont development exterior boundary. A Type “C” landscape buffer (20 feet minimum width) is required at this location. The applicant proposes a 20-foot Type “C” buffer along the eastern property line.

We also note that in addition to the 20-foot buffer along the eastern property line the Meadowmont Master Plan requires a 40-foot building and parking setback line. The applicant proposes a 40-foot setback along the eastern property line. We believe the 40-foot setback should be preserved as a 40-foot landscape bufferyard. We have included a stipulation to this effect in Resolution A.

As previously stated the site also includes a portion of the NC 54 Highway Entranceway buffer. The applicant proposes to supplement existing vegetation in this buffer area with evergreen shrubs.

Screening and shading of the proposed parking lot is required. We have included in Resolution A stipulations that address the shading and screening requirements.

We note that this site includes a 15-inch oak and 15-inch hickory tree between East Barbee Chapel Road and the proposed building. The submitted site plan notes that these trees “may be removed at the developers discretion.” We believe that these trees are worth preserving. We recommend that the developer and the Town’s Urban Forester evaluate these trees during construction and attempt to preserve them. A stipulation to that affect is included in Resolution A.

We recommend that a Landscape Protection Plan include the location of all clearing limit lines. We further recommend that the plans show the scaled critical root zones of all trees to be retained adjacent to construction. We also recommend that the plan include all significant trees within 100 feet of off-site grading on the adjacent Cedars site. We recommend that a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Watershed Protection District: The Meadowmont development is located within the Town of Chapel Hill’s Watershed Protection District. All development in the Watershed Protection District is subject to one of two options, or a combination of options, to control non-point source and stormwater pollution. An applicant may choose to use either the Low Density Option or the High Density Option (listed in Section 10.5.2 of the Development Ordinance) to satisfy the watershed protection regulation. The Low Density Option restricts impervious surface to 24% of gross land area. The High Density Option permits up to 50% impervious surface with controlled stormwater runoff from the first inch of rainfall.

The Meadowmont Master Land Use Plan identified watershed sub-basins areas of both low and high-density development. Sub-basins identified as high-density development would have a limit of 50% impervious surface coverage, and would be required to drain to a retention pond. Individual developments within each sub-basin would not necessarily be subject to the 50% limit. However, the total impervious surface area, of all developments within individual high-density sub-basins, may not exceed 50% of the sub-basin’s total land area.

This application is located within the 70.4-acre high-density sub-basin Area 5 of Meadowmont. This sub-basin includes Crosland Apartments, the east half of the Village Center, a portion of the Meadowmont Townhomes, UNC Wellness Center and the southern half of the Cedars Retirement Community. The retention pond for this sub-basin is located within the Cedars Retirement Community. The approved pond design will accommodate the stormwater retention/detention requirements for this site.

The Meadowmont developers, with previous development proposals, submitted a tally sheet showing that impervious surface in the high-density portion of Meadowmont will not exceed 50% impervious surface, thus meeting the high-density requirements. We will continue to monitor the combined impervious surfaces for compliance with the high-density option requirements.

We have also included several stipulations regarding watershed protection that were included in the Meadowmont Master Land Use Plan, as well as our standard stipulation that a Stormwater Management Plan be approved for this development prior to issuance of a Zoning Compliance Permit.

Stormwater Management: We believe that an opportunity may exist for the applicant to provide bio-retention features on this project to intercept runoff from impervious areas. As previously stated we believe the removal of parking spaces along the northern property line may create an appropriate area for a bio-retention facility. Although we believe that this location may be suitable for bio-retention, we recommend that during the review of the Final Plans the Town Manager reviews and determines the suitability of this area of the site for a bio-retention facility.

We recommend that, if the Council approval stipulates the removal of the proposed parking spaces along the northern property line and the Town Manager determines that the site is suitable for a bio-retention facility that the Final Plans include a proposal for a bio-retention facility in this area. We recommend that additional parking spaces along the eastern property line be removed, if deemed necessary by the Town Manager, in order to enhance and/or accommodate this bio-retention facility. We have included this stipulation in Resolution A.

We recommend that a detailed stormwater management plan be submitted to the Town Manager for review and approval prior to issuance of a Zoning Compliance Permit. We have this stipulation in Resolution A.

Solid Waste Management: The applicant proposes private collection service. We recommend that any drive aisles that may be used by service vehicles be constructed of heavy-duty pavement. We also recommend that a Solid Waste Management Plan be developed for review and approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

Utilities: The applicant proposes all utility lines to be underground. Utility providers have indicated that they can serve the site. We recommend that the final detailed utility/lighting plans be reviewed and approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth or GTE, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.

Fire Safety: We have included our standard stipulation that a fire flow report, prepared by a registered professional engineer, and showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit. We recommend that the fire hydrant connections be installed on the street side of buildings in easily visible and accessible locations to be approved by the Town Manager.

Erosion Control: The Town Council recently amended the Town Code as it relates to erosion control. In general terms, the amendment states that if one acre or more is uncovered by land-disturbing activities for a project, a performance guarantee shall be required in accordance with Section 5-97.1 of the Town Code of Ordinances, and that the guarantee shall be required prior to issuance of any permit to begin land-disturbing activity. We note that the purpose of this financial guarantee is to cover the restoration of failed or failing soil erosion and sedimentation generated by the land-disturbing activities. We recommend that this development provide this performance guarantee. We recommend that the approval include a stipulation calling for the plans to be reviewed for approval by the Orange County Erosion Control Officer prior to issuance of a Zoning Compliance Permit. We have included this stipulation in Resolution A.

Special Use Permit Findings: For approval of a Special Use Permit or Special Use Permit Modification, the Council is required to make findings based on 1) public health, safety and general welfare, 2) compliance with the town’s development regulations and standards, 3) the value of contiguous property and 4) the physical development of the Town.

In a typical Special Use Permit proceeding, the burden is on the applicant to present a case, demonstrating why the Council should make the four findings required for approval of a Special Use Permit. With Council approval of a conceptual Master Plan, however, if the Special Use Permit application is found to be consistent with the Master Plan, the burden regarding three of the four findings then shifts to those opposed to approval of the Permit. A “rebuttable presumption” is established that three of the town findings can be made. The Council must only make the finding that the proposed development complies with all applicable sections of the Development Ordinance. Evidence will be presented at the Public Hearing for this application. If the Council decides that the evidence does not support making the fourth finding, or if evidence is presented which indicates the application is inconsistent with the Master Plan, then the application cannot be approved and accordingly should be denied by the Council.

CONCLUSION

We believe that the proposal, with conditions in Resolution A, meets the requirements of the Development Ordinance that the proposal is generally in accordance with the Meadowmont Master Land Use Plan.

Special Use Permit Application

Wachovia At Meadowmont	Compliance	Non-Compliance
Use Permitted	X
Min. Gross Land Area	X
Min. Lot Width	X
Max. Floor Area	X
Min. Outdoor Space	X
Min. Livability Space	X
Min. Recreation Space	N/A
Impervious Surface Limits	X
Min. # Parking Spaces	X
Min. # Loading Spaces	X
Min. # Handicap Spaces	X
Max. # Dwelling Units	N/A
Min. Street Setback	N/A
Min. Interior Setback	N/A
Min. Solar Setback	N/A
Max. Height Limit	X
Min. Landscape Buffers (applicable on eastern and southern property line only)	X
Public Water and Sewer	X

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (SUP 479.1.1B)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by the Wachovia Bank, on property identified as Durham Township Tax Map 479-1-1B, if developed according to the plans dated July 27, 2000 (revised August 4, 2000), the Meadowmont Master Land Use Plan, and the conditions listed below, would:

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

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations, with the modifications listed below;

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

4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

1. That construction begin by ________________ (two years from the date of Council approval) and be completed by ____________ (three years from the date of Council approval).

3. Land Use: That the use of this development be restricted to a bank with a drive-through facility.

4. Land Use Intensity and Impervious Surface Calculations: That the applicant provide calculations confirming Meadowmont’s overall compliance with Land Use Intensity Ratios and Impervious Surface Limits.

5. Eastern Boundary of the Meadowmont Development: That buildings and parking shall be at least 40 feet from the eastern property line. A 40-foot wide Type C landscape buffer shall be proved along the eastern property line.

6. Heavy Duty Pavement: That a heavy-duty pavement with a 10-inch base course be installed along the refuse/recycling service vehicle routes.

7. Sidewalk Connection to the Cedars Development: That, if the Council decreases the number of parking spaces proposed along the north property line, the sidewalk connection from the Cedars shall be located in line with the walkway along the eastern edge of the bank. The final location shall be reviewed and approved by the Town Manager.

8. Bike Racks: That the bicycle parking area for this development shall comply with the Town’s Design Manual.

B. That all parking spaces along the north property line be removed. Additional parking spaces along the eastern property line shall be removed, if deemed necessary by the Town Manager, to accommodate a bio-retention facility.

C. Parking Area Screening: That all parking areas be screened from public road view, and that screening plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

D. Parking Lot Design and Construction: That all parking lots shall be designed and constructed to meet Town standards unless an alternate design is approved by the Town Manager.

10. East Barbee Chapel Road Bus Stops: That a segment of the eight foot wide tree lawn between the sidewalk and the street curb, adjacent to the two future East Barbee Chapel Road bus stops, be paved. Final design and dimensions shall be reviewed and approved by the Town Manager.

A. That the required off-site stormwater retention pond serving this site be in place prior to the issuance of a Certificate of Occupancy.

B. Compliance with the Town Watershed Protection District regulations shall be demonstrated with the provision of permanent pond. Permanent stormwater retention shall be required in accordance with the requirements of the Development Ordinance.

C. The size, accessibility, location, and design of said pond shall be approved by the Town Manager.

D. The off-site wet retention pond shall meet or exceed the North Carolina Division of Environmental Management requirements and shall be designed so as to be approved by the Division of Environmental Management, the North Carolina Division of Water Quality, the Army Corps of Engineers, and the Town Manager.

E. A performance bond or other surety instrument satisfactory to the Town, shall be posted in an amount approved by the Town Manager, to assure maintenance, repair, or reconstruction necessary for adequate performance of the engineered stormwater controls.

F. The Owners’ or Homeowners’ Association shall be responsible for arranging for annual inspections of said pond by an appropriately certified engineer, to determine whether the pond and associated structures are operating acceptably according to design requirements, and to report findings of said inspections to the Town manger, with such recommendations for maintenance or repair as may be warranted. Any needed repairs shall be completed within 120 days unless otherwise approved by the Town Manager. Restrictive covenants shall be recorded which shall identify these responsibilities of the Owners’ or Homeowners’ Association, including pond maintenance.

G. Maintenance of the pond shall be the responsibility of the applicant or a property/homeowners’ association. A maintenance plan shall be provided for each of the retention ponds, to be approved by the Town Manager. The plans shall address inspection, maintenance intervals, type of equipment required, access to each pond, and related matters.

H. As part of the application for Final Plan Approval, the applicant shall provide an up-to-date cumulative total of impervious surfaces within the sub-basin.

I. The minimum permanent pool depth of the off-site retention pond shall be at least three (3) feet in addition to enough volume to store the accumulated sediment between clean out periods.

J. All sediment deposited in the pond during construction activity on contributing sites must be removed before “normal” pond operation begins.

K. Emergency drains shall be installed in the off-site pond to allow access for repairs and sediment removal as necessary.

L. Anti-seepage collars shall be used on any structures penetrating dams or water retaining embankments.

M. Public storm drainage systems, or other utilities, shall not be located within a pond or dam structure.

N. No ponds shall be created within the perimeter landscape buffer required for Meadowmont development.

O. That the off-site pond be located and designed such that damage to existing large trees can be minimized.

P. That the off-site retention pond and outlets be contained within stormwater drainage easements and that maintenance access with easements be provided prior to issuance of a Certificate of Occupancy.

A. That an owners’ association be created for the maintenance and regulation of the private (residential, office, park, landscape, and commercial) areas including privately maintained streets and alleys. All property owners owning land within the area of the Master Land Use Plan approval, excluding governmental bodies, shall be represented in the owners’ association. This owners’ association shall have maintenance responsibilities for commonly owner development elements, which affect the entire development including the stormwater management facilities.

B. In addition, a separate owners association shall be created for the maintenance and regulation of the residential, office, and commercial areas. The documents creating these entities shall be reviewed for approval by the Town manager, and shall be recorded in the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.

C. The responsibilities of these entities shall include the ownership and maintenance of the private alleys, private green spaces, private parks and recreation space, private retention and detention basins, and the landscape buffers.

D. These entities shall also be responsible for an “add-on fees” charged by Duke Power for special street lighting.

E. These entities shall have the ability to place a lien on property for nonpayment of dues or fees.

13. Landscaping Buffers: The following buffers shall be provided; if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by fencing from adjacent construction:

A. Type “C” landscape buffer (40 feet minimum width) along the eastern property. Existing vegetation shall be supplemented with evergreen shrubs and trees as necessary to fulfill landscape buffer planting requirements.

B. Type “D” landscape buffer (50 feet minimum width) along the Highway NC 54 frontage. That planting be provided, and existing vegetation preserved along the Highway frontage in general compliance with the Town’s Master Landscape Plan for Entranceway Corridors along Highway 54. A streetscape plan, demonstrating compliance with the Master Landscape Plan for Entranceway Corridors, shall be submitted for Town Manager review and approval. That the applicant provide additional information as part of the final plan review process including detailed elevations from Highway 54 for consideration by the Community Design Commission.

C. The landscape buffer plan shall be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

A. That the removal of the 15-inch oak and 15-inch hickory trees, between East Barbee Chapel Road and the proposed building, shall be reviewed and approved by the Town’s Urban Forester. The Town Manager shall determine if additional grading techniques and or minor site design modifications are necessary if order to preserve one or both trees.

B. That a complete and accurate tree survey of all trees within 100 feet of any proposed off-site grading and be provided with the first submittal of Final Plans. That an accurate tree and vegetation survey of the NC 54 Entrance Corridor be provided with the first submittal of Final Plans

C. That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall include areas of vegetation to be preserved; the anticipated clearing limit lines; proposed grading; proposed utility lines a detail of protective fencing; and construction parking and materials storage/staging areas. The plan shall show the use of tree protection fencing, unless alternate protection measures are approved by the Town Manager, between construction and existing vegetation.

D. That the plan indicates the critical root area (1 foot radius for every inch caliper dbh) for the large trees adjacent to construction areas.

E. No erosion control devices shall be allowed within the designated tree preservation or landscape buffers areas.

15. Landscape Plan: That a detailed landscape plan and landscape maintenance plan be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. Detailed final plans shall include demonstration that parking lot shading and screening requirements will be met.

16. Building Elevations/Site Lighting: That the detailed building elevations and lighting plan be approved by the Community Design Commission prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Water, Sewer, and Other Utilities

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

18. Placement of Utility Lines Underground: That the final plans indicate that all utility lines shall be placed underground.

19. Fire Flow: That a fire flow report, prepared by a registered professional engineer, and showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.

20. Fire Hydrant Locations: That the fire hydrant connections be installed on the street side of buildings in easily visible and accessible locations to be approved by the Town Manager.

Miscellaneous Stipulations

21. Stormwater Management Plan: That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a 25-year storm, the post-development stormwater run-off rate should not exceed the pre-development rate. The plan must show how stormwater detention for this site will be achieved. Design and construction of any stormwater management facility shall be approved by the Town Manager.

22. Off-Site Construction Easements: That all required off-site construction easements shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

23. Bio-Retention: That if the Council approval stipulates the removal of the proposed parking spaces along the northern property line and the Town Manager determines the area suitable for bio-retention, the Final Plans shall include a bio-retention facility. Additional parking spaces along the eastern property line may be removed, if deemed necessary by the Town Manager, in order to enhance and/or accommodate this bio-retention facility.

24. Transportation Management Plan: That a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall be updated and approved annually by the Town Manager. The required components of the Transportation Management Plan shall include:

B. Provisions for an annual Transportation Survey and Annual Report to the Town Manager;

25. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

26. Refuse and Recycling Collection: That the refuse and recycling collection services be private.

27. 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 Development Ordinance and the Design Manual.

28. Plant Rescue: That the developer consider conducting plant rescue activities on the site prior to initiation of development activity.

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

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

30. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit.

31. Erosion Control Performance Bond: That a performance guarantee be provided in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.

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

33. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number, the contractor’s representative, with a phone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.

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

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit application for the Wachovia Bank at Meadowmont.

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (SUP 479.1.1B)

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

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

4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for Wachovia Bank at Meadowmont in accordance with the plans listed above and with the conditions listed below:

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.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit application for the Wachovia Bank at Meadowmont.

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (SUP 479.1.1B)

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

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

4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

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. Sidewalk Connections: That the applicant shall construct additional sidewalk segments in the following locations:

Final location of the sidewalk between the site and the NC 54 sidewalk/bike path shall be reviewed and approved by the Town Manager.