AGENDA #6

MEMORANDUM

TO: Mayor and Town Council

From: W. Calvin Horton, Town Manager

Subject: Village Plaza Shopping Center Renovation - Application for a Special Use Permit (File No. 7.46.B.11; PIN# 9799242361, 9799148584)

DATE: January 13, 2003

INTRODUCTION

Tonight the Council continues the Public Hearing from November 11, 2002, regarding the Special Use Permit application to demolish the Village Plaza Theater and 6,300 square feet of adjoining retail space and construct 62,840 square feet of commercial, office and residential floor area. Proposed Phase I and Phase II improvements include a new 38,000 square foot movie theater, 24,840 square feet of new retail, office, and residential floor area and 65 new additional parking spaces. A new 2,000 square foot detached retail building is also proposed in the parking lot.

We understand that the Phase II portion of the application is not the primary development objective of this applicant. The primary development objective of the applicant is to construct a new 38,000 square foot movie theater. However, the applicant has indicted that if market conditions can support the development of the Phase II portion of this site as retail, office, residential or combination thereof, the applicant may be wish to develop all or a portion of Phase II.

Adoption of Resolution A, B, C, D, E, or F would approve a Special Use Permit application with conditions. Adoption of Resolution G would deny the request.

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

¨ Cover Memorandum: Provides background on the development proposal and the Town’s review process, presents evidence in the record thus far in support of and in opposition to approval of the application, discusses key issues raised at the November 11, 2002 Public Hearing, and offers recommendations for Council action.

¨ Attachments: Includes resolutions of approval and denial, related attachments, a copy of the November 11, 2002 Public Hearing memorandum, including advisory board comments, and related attachments.

background

On October 16, 2002, the Council held a Public Hearing to consider the Special Use Permit application for Village Plaza Shopping Center Renovation. The application proposes to demolish the theater and 6,300 square feet of adjacent retail space and construct a new 40,000 square foot movie theater, 24,840 square feet of retail and office floor area and 40 new additional parking spaces. A new 2,000 square foot detached retail building is also proposed in the parking lot.

After the October 16, 2002 Public Hearing, the applicant proposed the following revisions to the application:

· Adding a residential component to the Phase II portion of the development;

· Modifications to the impervious surface limits in the Resource Conservation District;

· Reduction in the proposed number of movie theaters from 13 to 11

· Reduction in the proposed number of theater seats from 1928 to 1798;

· Addition of twenty-five parking spaces in the refuse/recycling area.

These items are discussed in the Key Issues section in the attached memorandum from November 11, 2002.

On November 11, 2002 the Council continued the Public Hearing. The memorandum for that meeting included applicant and staff responses to questions raised at the October 16, 2002 Public Hearing. Additional questions concerning parking, proposed number of movie theaters, greenway and sidewalk construction and construction timetables were raised during the hearing. The Public Hearing on the application was recessed to January 13, 2003.

After the November 2002, Public Hearing, the applicant proposed the following changes and clarifications to the application;

· Reduce movie theater footprint from 40,000 square feet to 38,000 square feet;

· Reduce theater seats from 1798 to 1718;

· Payment of $10,000 toward the Booker Creek Linear Park Greenway;

· Amend the construction completion date for Phase I and Phase II.

These items and other issues raised at the November 11, 2002 Public Hearing are discussed below in the Key Issues section in this memorandum.

This is an application for a Special Use Permit. 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 regarding its compliance with the standards and regulations of the Town’s Development Ordinance; we have presented a report to the Planning Board; and on November 11, 2002, we submitted our report and recommendation to the Council.

The Public Hearing is being reopened tonight to receive applicant and staff responses to questions raised at the November 11, 2002 Public Hearing.

KEY ISSUES

Subsequent to the November 11, 2002 Public Hearing, we identified four key issues related to this proposed development: 1) Number of Proposed Parking Spaces; 2) Cost Sharing for Booker Creek Greenway/Fordham Boulevard Sidewalk; 3) Construction Completion Timetable; and 4) Meeting of Representatives of Eastern Federal Corporation and Village Plaza merchants. These issues are discussed below.

1) Number of Proposed Parking Spaces: The Village Plaza retail center presently has 436 parking spaces. According to the Town’s Development Ordinance, a minimum of 638 spaces are required for the existing development. As proposed, the Phase I development will have 478 parking spaces and the Phase II development will increase the number of on-site parking spaces to 497. The Town’s Development Ordinance would require a minimum of 718 parking spaces for development at the Phase I intensities and 818 spaces for the development at Phase II. Please refer to the table below for additional information.

	Minimum Number of Parking Spaces Required By Development Ordinance Based on Type of Use
	Current Development	Required for Phase I	Required for Phase I & II
Office/ Retail/ Restaurant (Residential Ph II) (1 per 250 sq ft)	305 spaces	288 spaces	*388 spaces
Theater (1 per 4 seats)	333 spaces	430 spaces	430 spaces
Total Req. Spaces	638 spaces	718 spaces	*818 spaces
	Number of Parking Spaces Existing or Proposed
	Existing	Proposed Ph I	Proposed Ph I & II
	436 spaces	478 spaces	497 spaces
Difference between Minimum Req.	(-) 202	(-) 236	(-) 317
Parking Spaces as a Percentage of Minimum Req.	68 %	67%	61%

(* Calculation assumes Phase II developed without residential component. Depending on square footage and # of bedrooms, residential development of Phase II could reduce total parking requirements by 10 - 55 spaces.)

The issue of the number of proposed parking spaces was discussed by Council members and several merchants from the Whole Foods Shopping Center during the October 16 and November 11 Public Hearings. There was concern that although the existing parking situation seems to provide adequate parking for the current shopping center, the redesigned parking area and new parking spaces may not satisfy the parking needs of the new movie theater and thereby have a negative impact on other Village Plaza tenants.

Staff Comment: In response to the discussion on parking during the November Public Hearing the applicant is proposing two adjustments to the proposal:

A. Reduce footprint of the 11 movie theaters from 40,000 square feet to 38,000 square feet and reduce total theater seats from 1,798 to 1,718. According to the applicant the elimination of two movie theaters (from 13 to 11), including the removal of 2,000 square feet of floor area and 210 theater seats, impact trip generation and parking in varying amounts. The applicant notes that the proposed reduction in screens and seats will produce an overall reduction in both vehicle trip generation and parking space demands. We note that the proposed elimination of 210 theater seats reduces the required number of parking spaces for Phase I from 770 to 718. A copy of the proposed 38,000 square foot theater building footprint is included as Attachment #1 to this memorandum.

B. Redesign the refuse/recycling area in order to add compact parking spaces. Adjusting the parking lot design presented to the Council during the November 11, 2002 Public Hearing, the applicant believes that the design in Attachment #1 can accommodate 25 compact parking spaces and provide adequate room for the necessary refuse containers. The applicant indicated that the elimination of 2,000 square feet of floor area in the movie theater complex created the additional room required for the 25 parking spaces and the refuse containers. We believe that the installation of a trash compactor would allow room for approximately 8 to 12 additional parking spaces.

Resolution A includes a stipulation that the applicant install a trash compactor and provide a minimum of 33 parking spaces in the refuse/recycling area.

Transit and pedestrian related improvements are included as conditions in the attached resolutions. We also note that this latest proposal shows an increase in parking spaces resulting from the reduction in theater size. The applicant proposes the primary use of the parking lot during the day will be by retail businesses and at night by the movie theater. Given these considerations, we believe that the number of parking spaces proposed by the applicant is acceptable. The Manager’s recommendation is that the Phase I portion of this proposal includes a minimum of 486 parking spaces and that the Phase II portion includes an additional 19 parking spaces for a total of 505 parking spaces.

Alternatively, the Council could reasonably conclude that the revisions presented by the applicant and the number of proposed parking spaces will not adequately serve the development intensity proposed by the applicant. If the Council determines that the proposal does not provide adequate parking, the Council could: a) approve the application with a reduction in development intensity; b) require additional parking spaces; or c) deny the application.

2) Cost Sharing for Booker Creek Greenway/Fordham Boulevard Sidewalk: During the November 11 Public Hearing, several Council members inquired as to whether the applicant might be willing to share in the funding of the greenway or sidewalk improvements proposed by the Town on the Village Plaza property. On November 20, 2002, the Greenways Commission voted 6-0 in support of the idea that the applicant contribute to the construction of the Booker Creek Linear Park. Please refer to the attached memorandum from the Greenways Commission.

Staff Comment: Funding for the segment of the Booker Creek Greenway and Fordham Boulevard sidewalk, on the Village Plaza site, are provided by a State grant ($349,707) and by the Town of Chapel Hill ($87,427). All of the Fordham Boulevard sidewalk, north of Elliott Road, and 510 feet of the Booker Creek Greenway is located on the Village Plaza property. Since the November 11 Public Hearing, the applicant has agreed to commit a sum of $10,000 towards the construction of the Booker Creek Greenway. Although the proposed payment does not cover the cost of that portion of the improvements on the applicant’s property, we believe that in light of the fact that the applicant has agreed to provide easements across its property for the greenway and construct a new sidewalk along the Elliott Road frontage, the $10,000 commitment by the applicant is appropriate. Resolution A includes a stipulation requiring the applicant to provide a $10,000 payment toward the construction of the Booker Creek Greenway.

3) Phase I and Phase II Construction Timetable: In the original submission the applicant proposed that Phase I be completed within 5 years and construction for Phase II be completed within 10 years from the date of approval. The applicant noted the current economic environment and the uncertainty surrounding the construction of the Phase II portion of the proposal.

In response to comments from the November 11, 2002 Public Hearing, the applicant is now proposing that Phase I construction shall be completed within 3 years from the date of approval and Phase II completed within 5 years from the date of approval.

Staff Comment: Typically, construction deadlines associated with Special Use Permits are for three years. The applicant is requesting a three year deadline for Phase I. We believe that the construction period deadline for Phase II, five years as requested by the applicant, is reasonable. These construction deadlines have been incorporated into Resolution A.

4) Meeting of Representatives of Eastern Federal Corporation and Village Plaza Merchants: On December 18, 2002, representatives of Eastern Federal met with Village Plaza merchants to discuss parking issues.

Staff Comment: A copy of a summary of the meeting is included as Attachment #2 to this memorandum.

REQUESTED MODIFICATIONS OF REGULATIONS

We note that the applicant is requesting that the Council modify Development Ordinance regulations for this site. Subsection 18.7.1 of the Development Ordinance states:

“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 Ordinance, but the Council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree, the Council may make specific modification of the regulations in the particular case for Modification of Special Use Permit applications, or in approving a new Special Use Permit for existing development that requires a Special Use Permit.”

The following modifications are requested by the applicant:

1. Modification of Subsection 13.11.1 Use Group C, and Subsection 5.5.2.1 of the Development Ordinance to allow the Phase I and Phase II development to exceed the maximum permitted floor area (109,368 square feet) by 23,506 square feet.

2. Modification of Subsection 13.11.1 and 5.5.2.1 to modify the minimum livability space requirement of 201,917 square feet and allow a minimum of 154,242 square feet of livability space for Phase I and a minimum of 152,002 square feet of livability space for Phase II.

3. Modification of Subsection 14.6.6 (a) to allow less than a five-foot landscaped strip between portions of the buildings and adjacent parking areas.

4. Modification of Subsection 14.6.7 to reduce the minimum number of parking spaces for Phase I from 770 to 478 spaces and reduce the minimum number of parking spaces for Phase II from 870 to 497 spaces.

5. Modification of Subsection 5.5.2.2 to allow impervious surface areas associated with this development to encumber 24% of the Resource Conservation District.

The requests for modifications are described below. Staff comments on the modifications follow the description.

Modification Request #1 - Floor Area: This Special Use Permit application proposes to demolish the Village Plaza Theater and 6,300 square feet of adjoining retail space. Improvements include a 40,000 square foot movie theater, 24,840 square feet of retail and office floor area and a 2,000 square foot detached retail building in the parking lot. Upon build-out the site would contain 134,874 square feet of floor area. The proposed 134,874 square feet of building area exceeds the maximum permitted floor area for the 10.9 acre site on which it is proposed by 23,506 square feet. For additional information on floor area, please refer to the chart on page 23 in the November 11, 2002 memorandum.

With respect to this request, the applicant’s Statement of Justification states the following:

“It is understood by the applicant that the additional proposed floor area of the two phases exceeds that which is permitted by the current development ordinance. A modification is requested in light of the intent of the proposed development ordinance which promotes higher infill intensity as well as the recommendation of the Community Design Commission to provide mixed-use on this site.” [Applicant Statement]

Modification Request #2 – Livability Space: The proposed livability space for Phase I is 47,675 square feet less that the minimum 201,917 square foot livability space requirement. The livability space square footage for Phase II is 49,717 square feet less that the 201,917 square foot minimum requirement.

In commenting on the justification for this modification to the regulations, the applicant’s Statement of Justification repeats the above quoted statement.

Modification Request #3 – Landscape Strip Between Buildings and Parking: The applicant also requests a variance on the 5 foot planting strip requirement between the portion of the existing building to remain and the new parking lot. The submitted Statement of Justification states the following:

“We believe the large amount of new vegetation being proposed in the parking lot itself and along the street frontage is a better use of this resource and keeps the integrity of the current highly functional pedestrian walkway intact. The rest of the site’s non-conformance with current Town shading, buffer, green space and planting standards will be brought into conformance.” [Applicant Statement]

Modification Request #4 – Minimum Parking Requirements: The Village Plaza retail center presently has 436 parking spaces. As proposed, the Phase I development will have 478 parking spaces. According to the Town’s Development Ordinance, the Phase I development requires a minimum of 770 parking spaces. The Phase II development will add another 19 parking spaces on the site. The Town’s Development Ordinance requires a minimum of 870 parking spaces for Phase II. This issue is discussed in greater detail in the Key Issues section of the November 11, 2002 memorandum.

With respect to this request for modifying the minimum parking requirements, the applicant’s Statement of Justification states the following:

“A modification of the required parking spaces is also requested, as the project is short of the number required by the current ordinance. We believe the intent of the proposed development ordinance is to promote alternative means of transportation, such as pedestrian, carpool, and public transportation, all of which are provided in the proposed application.” [Applicant Statement]

Modification Request #5 – Impervious Surface in the Resource Conservation District: Approximately 25% of the portion of the Village Plaza development that is located in the Resource Conservation District is covered by an impervious surface. Once completed the applicant anticipates that approximately 24% of the Resource Conservation District will be covered by impervious surface. Subsection 5.5.2.2 of the Development Ordinance limits the amount of impervious surface area on the Village Plaza site to 20%.

With respect to this request for modifying the minimum parking requirements, the applicant’s Statement of Justification states the following:

“The applicant would like to request a variance for the 20% maximum impervious surface requirement for land within the RCD (5.5.2.2). The impervious surface as existing is approximately 25% of the land within the RCD, and the current Special Use Permit proposal would reduce that amount to about 24%. Most of the impervious surface is being utilized for multi-site vehicular circulation and thus is necessary for public safety and service functions. We feel that both the reduction in the amount of impervious surface as well as the critical public value of the driveways as they exist warrant the requested variance.” [Applicant Statement]

Staff Comment: Our recommendation is that the Council modify those sections of the Development Ordinance requested by the applicant as discussed above. We believe that the Council may find that the proposed development, with each of the modifications requested above, would satisfy public purposes to a degree equivalent to that which would be achieved with full compliance with all regulations. We believe that the public purposes specifically promoted by this proposed development would be (1) the provision of higher intensity infill development, (2) the provision of a mix of office and retail uses, (3) the promotion of greater pedestrian mobility, (4) the provision of improved access and circulation between neighboring developments, (5) the provision of increased landscaping in the parking lot, (6) the provision of less impervious surface area, and (7) the provision of improved water quality with Best Management Practices.

Alternatively, the Council could reasonably conclude that some or all of the proposed modifications would not satisfy public purposes to an equivalent or greater degree and could therefore, find that the application does not meet the ordinance requirement and require compliance with the particular regulation or, deny the application.

RECOMMENDATIONS

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

Planning Board’s Recommendation: The Planning Board reviewed this proposal on September 3, 2002. A copy of the Summary of Planning Board Action is attached to the October 16, 2002 Staff Report. The Board voted 7 - 2 to recommend eight revisions to the proposed plans and that the Council approve the application with the adoption of Resolution B.

Below is a list of the eight revisions in Resolution B as recommended by the Planning Board.

1) Minimum number of bicycle parking spaces shall be 48.

2) That the bicycle parking spaces are proportionally distributed throughout the site.

3) Construction for Phase I is completed within 5 years and construction for Phase II is completed within 10 years from the date of approval.

4) Maximum floor area may include up to 24,840 square feet of residential floor area (Phase II portion of the site).

5) Wheel stops shall be installed for parking spaces perpendicular to the sidewalk along Elliott Road.

6) Park and Ride spaces shall be reserved between 6:00 a.m. and 6:00 p.m. Monday through Friday.

7) Alternate Type “A” bufferyard may be installed along Elliott Road in front of the proposed 2,000 square foot building.

8) Underground stormwater management units may be replaced with a similar Best Management Practice design.

For additional discussion on these items, please refer to the Recommendations discussion contained in the November 11, 2002 Public Hearing attachment.

Resolution B differs from the Town Manager’s Recommendation with respect to: a) the number of bicycle parking spaces; b) additional pedestrian connections in the parking lot; c) required retail location; d) impervious surface limits in the Resource Conservation District; e) affordable rental units, f) reduction in theater and seat numbers; g) Phase II construction staging plan; and h) installation of a trash compactor. Seven items, b through h, were not discussed at the Board’s meeting.

Bicycle and Pedestrian Advisory Board’s Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this proposal on September 24, 2002. A copy of the Summary of Bicycle and Pedestrian Advisory Board Action is attached to the October 16, 2002 Staff Report. The Board voted 6-0 to recommend two revisions to the proposed plan and that the Council approve the application with the adoption of Resolution C.

Resolutions A and C include the two revision recommended by the Bicycle and Pedestrian Advisory Board:

1) That bicycle racks be distributed throughout the project site, specifically in the area of the stores facing Elliott Road.

2) That pedestrian connections from the proposed periphery sidewalk to the shopping center buildings be included at all driveway entrances to the project site.

For additional discussion on these items, please refer to the Recommendations discussion contained in the November 11, 2002 Public Hearing attachment.

Resolution C differs from the Town Manager’s Recommendation with respect to: a) construction deadlines; b) residential floor area; c) wheel stops; d) reservation of Park and Ride spaces; d) number of bicycle parking spaces; e) Elliott Road bufferyard; f) underground stormwater units; g) required retail locations; h) impervious surface limits in the Resource Conservation District; i) affordable rental units; j) reduction in theater and seat numbers; k) Phase II construction staging plan; and l) installation of a trash compactor. These thirteen issues were not discussed at the Board’s meeting.

Community Design Commission’s Recommendation: The Community Design Commission reviewed this proposal on September 25, 2002. A copy of the Summary of Community Design Commission Action is attached to the October 16, 2002 Staff Report. The Commission voted 8-0 to recommend three revisions to the proposed plans and that the Council approve the application with the adoption of Resolution D.

Below is a list of the three revisions in Resolution D as recommended by the Community Design Commission:

1) That the developer shall provide at least one retail shop tenant (other than the theater) along the southwestern façade of the new proposed theater building, in order to enhance the retail nature of this area.

Resolution A includes the next two revisions as recommended by the Community Design Commission:

2) That two additional crosswalks/walkways shall be provided in the parking lot in order that pedestrian connections shall be available from the proposed periphery sidewalk to the shopping center buildings at all driveway entrances to the site.

3) That an Alternate Type “A” landscape bufferyard may be installed along Elliott Road in front of the proposed 2,000 square foot building, if approved the Community Design Commission.

For additional discussion on these items, please refer to the Recommendations discussion contained in the November 11, 2002 Public Hearing attachment.

Resolution D differs from the Town Manager’s Recommendation with respect to: a) required retail locations; b) construction deadlines; c) residential floor area; d) wheel stops; e) reservation of Park and Ride spaces; f) distribution of bicycle parking spaces; g) underground stormwater units; h) impervious surface limits in Resource Conservation District; h) affordable rental units, i) reduction in theater and seat numbers; j) Phase II construction staging plan; and k) installation of a trash compactor. Eleven of these issues, items b through k, were not discussed at the Commission’s meeting.

Greenways Commission’s Recommendation: The Greenways Commission reviewed this proposal on September 25, 2002. A copy of the Summary of Greenways Commission Action is attached to the October 16, 2002 Staff Report. The Commission voted 4-0 to recommend four revisions to the proposed plans and that the Council approve the application with the adoption of Resolution E.

Resolutions A and E include the four revisions recommended by Greenways Commission:

1) The developer should provide all easements needed to build and maintain the Booker Creek Linear Park including permanent greenway, temporary construction, and permanent maintenance easements.

2) Future plans should show the portion of the Booker Creek Linear Park within the Special Use Permit area as currently envisioned. However, it should be noted that we do not expect the developer to build the trail.

3) The Community Design Commission should review the elevations on the northeast side of the building to assure that the appearance of what would be the back side of the building is appropriate for a park setting.

4) The Special Use Permit should contain language that would allow construction of the Booker Creek Linear Park within the Resource Conservation District. This language should explicitly state that any impervious surface and disturbance within the Resource Conservation District caused by the linear park not be charged to the property owners.

For additional discussion on these items, please refer to the Recommendations discussion contained in the November 11, 2002 Public Hearing attachment.

Resolution E differs from the Town Manager’s Recommendation with respect to: a) construction deadlines; b) residential floor area; c) wheel stops; d) reservation of Park and Ride spaces; e) distribution of bicycle parking spaces; f) elliott Road bufferyards; g) underground stormwater units; h) additional pedestrian connections; i) required retail locations; j) affordable rental units; k) reduction in movie and seat numbers; l) Phase II construction staging plan; and m) installation of a trash compactor. These thirteen issues (a through m) were not discussed at the Commission’s meeting.

Transportation Board’s Recommendation: The Transportation Board reviewed this proposal on October 1, 2002. A copy of the Summary of Transportation Board Action is attached to the October 16, 2002 Staff Report. The Board voted 6-0 to recommend that the Council approve the plans without revisions with the adoption of Resolution F.

Resolution F differs from the Town Manager’s Recommendation with respect to: a) construction deadlines; b) residential floor area; c) wheel stops; d) reservation of Park and Ride spaces; e) distribution of bicycle parking spaces; f) elliott Road bufferyards; g) underground stormwater units; h) pedestrian crosswalk in the parking lot; i) required retail locations; j) impervious surface limits in the Resource Conservation District; k) affordable rental units; l) reduction in movie theater and seat numbers; m) Phase II construction staging plan; and n) installation of a trash compactor. These fourteen issues (a through n) were not discussed at the Commission’s meeting.

Manager’s Revised Recommendation: Based on the information in the record to date, we believe that the Council could make the findings required to approve the Special Use Permit application with modification of the regulations.

The Manager’s Revised Recommendation includes the following stipulations that have been added since November 11:

· Construction deadlines: Phase I - January 13, 2006, Phase II January 13, 2008

· Booker Creek cost sharing payment of $10,000.

· Installation of a trash compactor in redesigned refuse/parking area.

· Minimum of 33 parking spaces in redesigned refuse/parking area.

We recommend that the Council adopt Resolution A, approving the application with conditions.

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

Resolution C would approve the application as recommended by the Bicycle and Pedestrian Advisory Board.

Resolution D would approve the application as recommended by the Community Design Commission.

Resolution E would approve the application as recommended by the Greenways Commission.

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

Resolution G would deny the application.

A table comparing these alternative resolutions follows.

Village Plaza Special Use Permit-Differences between Resolutions

ISSUES	Resolution A Manager’s Revised	Resolution B Planning	Resolution C Bike/Ped	Resolution D Comm Design	Resolution E Greenways	Resolution F Transportation
Construction Deadlines	Phase I - 3 yrs Phase II - 5 yrs	Phase I - 5 yrs Phase II-10 yrs	*	*	*	*
Residential Use Permitted	Yes (24,840 sq ft)	Yes (24,840 sq ft)	*	*	*	*
Wheel Stops in Parking Lot	Yes (along Elliott Rd sidewalk)	Yes (along Elliott Rd sidewalk)	*	*	*	*
Park & Ride Reservation	Yes (6am-6pm Mon-Fri only)	Yes (6am-6pm Mon-Fri only)	*	*	*	*
Min # Bicycle Parking Spaces	87	48	87	87	87	87
Distribution of bicycle spaces	Proportionally throughout the site	Proportionally throughout the site	Proportionally throughout the site	*	*	*
Bufferyard btwn Proposed Outbuilding & Elliott Road	Alternate	Alternate	Minimum 15’ Type “A” Buffer	Alternate	Minimum 15’ Type “A” Buffer	Minimum 15’ Type “A” Buffer
Alternate BMP’s	Permitted in lieu of under-ground units	Permitted in lieu of under-ground units	*	*	*	*
Additional Pedestrian Connections	Yes (Between sidewalk and building)	*	Yes (Between sidewalk and building)	Yes (Between sidewalk and building)	*	*
Retail on SW Façade	No	*	*	Yes	*	*
Adjust RCD Impervious Limits to allow Greenway	Yes	*	*	*	Yes	*
Affordable Rental Units	Yes	*	*	*	*	*
No. Theaters and Seats	11 Theaters 1,718 Seats	*	*	*	*	*
Phase II Const/Parking Plan	Yes	*	*	*	*	*
Greenway Cost Sharing	Yes	*	*	*	*	*
Trash Compactor	Yes	*	*	*	*	*

ATTACHMENTS

1. Refuse Compactor/Container/Parking Layout Site dated January 8, 2003 (p. 37).

2. Summary of Meeting of Representatives of Eastern Federal Corporation and Village Plaza Merchants (p. 38).

3. Revised Statement of Justification (p. 40).

4. Revised Project Fact Sheet (p. 43).

5. November 11, 2002 E-mail from Buffie Webber (p. 47).

6. Citizen Handouts from November 11, 2002 Public Hearing (p. 48).

7. November 13, 2002 E-mail from Buffie Webber (p. 51).

8. November 20, 2002 Recommendation from Greenways Commission (p. 52).

9. November 26, 2002 letter from Eastern Federal to Town Council (p. 53).

10. November 11, 2002 Public Hearing and related attachments (p. 55).

RESOLUTION A

(Town Manager’s Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR VILLAGE PLAZA SHOPPING CENTER RENOVATION (2003-01-13/R-7a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Eastern Federal Corporation and Triangle V II L. P. on property identified as Chapel Hill Township Tax Map 46, Block B, Lots 11 and 11B (PIN# 9799242361, 9799148584), if developed according to the site plan dated July 17, 2002 and site plan included as attachment titled Additional Parking Lot Buffer, the proposed Refuse Compactor/Container/Parking Layout dated January 8, 2003, and 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;

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 Council finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

2. Modification of Subsection 13.11.1 and 5.5.2.1 to allow Phase I to allow a minimum of 154,242 square feet of livability space and Phase II to allow a minimum of 152,002 square feet of livability space.

3. Modification of Subsection 14.6.6 (a) to allow less than a five-foot landscaped strip between portions of the buildings and adjacent parking areas.

4. Modification of Subsection 14.6.7 to allow a minimum of 478 spaces for Phase I and 497 spaces for Phase I and Phase II, as noted in the stipulations below.

5. Modification of Subsection 5.5.2.2 to allow impervious surface areas associated with this

development to encumber 24% of the Resource Conservation District.

Said public purposes being (1) the provision of higher intensity infill development, (2) the provision of a mix of office and retail uses, (3) the promotion of greater pedestrian mobility, (4) the provision of improved access and circulation between neighboring developments, (5) the provision of increased landscaping in the parking lot, (6) the provision of less impervious surface area, and (7) the provision of improved quality with Best Management Practices.

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit for the Village Plaza Shopping Center Renovation in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. That construction begins by January 13, 2005.

That construction for Phase I is completed by January 13, 2006, and construction for Phase II is completed by January 13, 2008.

2. Land Use Intensity: This Special Use Permit authorizes office-type business, business-convenience, and residential use and the demolition of 24,797 square feet of floor and land use intensity requirements as specified below:

Land Use Intensity Phase I and II	Village Plaza Shopping Center
Net Land Area	475,632 sq ft
Total # of Buildings	11 (8 existing, 3 new)
Maximum Floor Area	134,874
Maximum Residential Floor Area -Phase II	24,840 sq ft
Maximum of Movie Theaters	11
Maximum of Movie Theater Seats	1,718
Minimum Outdoor Space	407,920 sq ft
Minimum Livability Space	152,002 sq ft
*Minimum # of Parking Spaces	Phase I - 486 Phase II - 505
Minimum # of Bicycle Spaces	87

*Parking spaces may be decreased in order to accommodate pedestrian crosswalks/walkways between the proposed Elliott Road sidewalk and the shopping center buildings.

Stipulations Related to Access and Circulation

3. Elliott Road Access Driveway “C and D”: That the applicant improve the two northern most driveways (driveway “C and D”) along Elliott Road to provide 30-foot wide driveways with striped left and right turn lanes exiting the site, stop signs and one lane entering the site. That, if practical, the reconstructed driveways shall intersect Elliott Road at a 90 degree angle. The final design and configuration of these two reconstructed driveways along Elliott Road shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

4. Elliott Road Sidewalk: That the applicant:

a) Construct a minimum width five-foot wide sidewalk along the Elliott Road frontage of the Village Plaza site beginning on the south side of access driveway “D” and terminating on east side of access driveway “A”. The sidewalk shall connect to the proposed Booker Creek Greenway trail spur near the east side of access drive “A.”

b) That the sidewalk be installed directly adjacent to the parking lot curb rather than adjacent to Elliott Road. If deemed necessary by the Town Manager in order to minimize the impact on the street trees and to provide suitable space for supplemental planting necessary to screen the parking lot, the applicant shall adjust the existing parking lot curb location. The final location and design of the sidewalk and parking lot curb, including wheel stops, shall be reviewed and approved by the Town Manager.

c) That the installation of the sidewalk include a connection to the Elliott Road bus stops.

d) That, if a portion of the sidewalk is constructed outside of the public right-of-way, prior to the issuance of a Zoning Compliance Permit, the applicant shall submit a copy of a recorded pedestrian access and public maintenance easement for the portion of the sidewalk outside of the public right-of-way. The maintenance easement shall extend to a point one foot behind the inside edge of the sidewalk. The easement document shall be reviewed and approved by the Town Manager prior to recordation at the Orange County Register of Deeds.

e) That the final plans include signage, to be approved by the Town Manager, indicating that the sidewalk connection provides access to the Booker Creek Greenway and US 15-501.

5. Pedestrian Connection to Booker Creek Greenway: That the applicant construct a pedestrian connection between the Booker Creek Greenway and the back of the movie theater. The location and design of this pedestrian connection shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

6. Traffic Signal Timing Plans: That prior to the issuance of a Zoning Compliance Permit, the applicant provide a payment-in-lieu of $5,000 for the design and implementation of a traffic signal timing plan.

7. Elliott Road Bus Shelters: That prior to the issuance of a Zoning Compliance Permit the applicant provide a payment-in-lieu of $10,000 for two bus shelters, and associated improvements, at the existing bus stops in front of the Village Plaza Shopping Center. The applicant may provide the approved shelter prior to issuance of a Certificate of Occupancy instead of providing the payment-in-lieu.

8. Booker Creek Greenway Easements: That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide recorded copies of the following easements, as reviewed and approved by the Town Manager:

a) Temporary construction access easement across the eastern entrance drive and parking lot that lies east of the Spa Health Club;

b) Temporary construction access and staging easements over the portion of the property that lies east of Booker Creek; and

c) Permanent public greenway easement that would allow the Town to construct, access and maintain a continuation of the existing trail across the property.

Exact dimensions and specific location of these easements shall be determined, through discussion between staff and the developer, prior to the issuance of a Zoning Compliance Permit. The easement document(s) shall be recorded with the Orange County Register of Deeds Office and a copy of the recorded document shall be submitted to the Town. This easement shall be reviewed and approved by the Town Manager prior to recordation.

9. Booker Creek Greenway Cost Sharing Payment: That the applicant agrees to participate in cost sharing for the construction of the Booker Creek Greenway by providing a $10,000 payment.

10. New Vehicular Connection to the Whole Foods Shopping Center: That the applicant provide a service vehicle access driveway connection between the proposed development and the Whole Foods shopping center. The access drive shall permit uninterrupted travel between Village Plaza driveway “A” on Elliott Road and the Whole Foods shopping center. The access drive shall be located behind the Village Plaza shopping center, adjacent to the site’s eastern property line.

11. Access, Construction and Maintenance Easements: That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide the following easements:

a) A cross access easement between the Village Plaza site and the Whole Foods shopping center. The easement shall permit vehicular and service vehicle ingress, egress and regress across and between the Whole Foods property and the Village Plaza site.

b) A temporary construction and permanent maintenance easement on the Whole Foods site for off-site improvements associated with the proposed Village Plaza Development.

The easement document(s) shall be recorded with the Orange County Register of Deeds Office and a copy of the recorded document shall be submitted to the Town. This easement shall be reviewed and approved by the Town Manager prior to recordation.

12. Parking Lots: That all parking lots, drive aisles and parking spaces associated with the proposed development shall be constructed to Town standards.

13. Parking Lot Crosswalks/Walkways: That two additional crosswalks/walkways shall be provided in the parking lot for pedestrian movements between the proposed Elliott Road sidewalk and the shopping center buildings. The crosswalks/walkways shall be located at or near Driveway “B” and “C.” Parking lot landscaping shall not be modified; however, parking spaces may be decreased in order to accommodate the crosswalks/walkways. Final crosswalk/walkway locations shall be reviewed and approved by the Town Manager.

14. Park and Ride Spaces: The applicant shall reserve a minimum of 20 parking spaces for the Town’s Park and Ride program. Spaces shall be reserved between 6:00 a.m. and 6:00 p.m. Monday through Friday. The parking spaces shall be located within 200 feet of a bus stop and adjacent to the proposed Elliott Road sidewalk. Prior to the issuance of a Certificate of Occupancy, the applicant shall install signage, approved by the Town Manager, for the reservation and designation of these parking spaces.

15. Transportation Management Plan: That the applicant provides a Transportation Management Plan to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. The required components of the Transportation Management Plan shall include:

a. Provision for designation of a Transportation Coordinator;

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

c. Quantifiable traffic reduction goals and objectives;

d. Ridesharing incentives; and

e. Public transit incentives.

The plan shall be updated and approved annually by the Town Manager.

16. Bicycle Parking: That the development shall comply with the Town’s Design Manual for bicycle parking standards as follows:

Total Number or Required Spaces	87
Number of Class I Spaces	18
Number of Class II Spaces	69

The 87 bicycle parking spaces, including the Class I spaces, shall be distributed proportionally around the site. The applicant shall provide shower and locker facilities.

Stipulations Related to Affordable Housing

17. Affordable Housing Mechanism: That if final plans are submitted for Phase II that include residential dwelling units, the affordable housing component for this proposed development shall be provided in the following manner:

a) The Developer shall identify and reserve no fewer than 15% of the Phase II residential units as affordable rental housing units.

b) The owner and management company enter into a “good faith” marketing agreement to ensure that the affordable units are rented to eligible low-income renters. The owner shall work with local non-profit low income housing organizations to advertise affordable units and recruit eligible renters.

c) The recorded deed restrictions shall include a provision that if after working with local non-profits, owner/management company are unable to recruit eligible renters, they may rent such units to other renters without restrictions for up to 12 months, if written authorization is provided in advance for such rental units from Orange Community Housing and Land Trust or its assigns and approved by the Town of Chapel Hill.

d) The applicant shall record deed restrictions to ensure that the affordable units remain affordable in perpetuity to low income tenants, to be approved by the Town Manager and the Orange Community Housing and Land Trust or its assigns, prior to the issuance of a Zoning Compliance Permit for the Phase II portion of the development that includes residential units.

e) No Certificates of Occupancy shall be issued for any units in the development until all required affordable units are available for occupancy.

Stipulations Related to Landscape and Architectural Elements

18. Required Landscape Bufferyard: That the following landscape buffers are required:

Location of Bufferyard	Required Bufferyards

Elliott Road: Between US 15-497 and Driveway “A”	Minimum 15’ Type “A” Buffer
Remaining Elliott Road frontage	Alternate Type “A” Buffer (as authorized by the Town Council)
US 15-497 frontage	Minimum 75’ Type ‘D’ Buffer
Whole Foods property line	Alternate Type ‘B’ Buffer (as authorized by the Town Council)
Staples & Eastgate property lines	Existing off-site buffer
Days Inn property line	Existing off-site buffer and Minimum 30’ on site Type ‘B’ Buffer

19. Alternative Landscape Bufferyards: That the details for all alternate landscape bufferyards shall be reviewed and approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.

20. Landscape Protection Plan: That a detailed landscape protection plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall include a detail of protective fencing; and construction parking and materials staging/storage areas. This plan shall also indicate which labeled trees are proposed to be removed and where tree protection fencing will be installed.

21. Landscape Plan Approval: 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.

22. Parking Lot Screening: That all parking areas shall be screened from view in accordance with the provisions of Section 14.12.7 of the Development Ordinance. The screening plans shall be approved by the Town Manager.

23. Community Design Commission Approval: That the Community Design Commission shall review and approve details for all authorized alternative bufferyards, building elevation details, and lighting plans prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Stormwater Management

24. Stormwater Management Plan: That a Stormwater Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on the 1-year, 2-year and 25-year storms, the post-development stormwater run-off rate shall not exceed the pre-development rate. Depending on the development site location, size in area and the condition of the existing conveyance system and associated lands, the Manager may waive or change the peak discharge rate criteria in part or in whole if, based on an approved Stormwater Management Plan, it is demonstrated that detention would intensify existing peak discharges or may cause other problems on abutting or downstream properties. In addition, the plans shall show all storm drainage outlets and address any impact the stormwater from these outlets may have on abutting properties.

25. Operations and Maintenance Plans: That an Operations and Maintenance Plan for all engineered structures shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

26. Stormwater Easements: That the final plans and final plat include an easement titled “Reserved Storm Drainageway.” The easement shall be included on all engineered stormwater features located above and below ground including pipes, streams, and ditches that carry water to and from abutting properties. All said easement shall be located on a plat and recorded at the Orange County Register of Deeds prior to the issuance of a Zoning Compliance Permit.

Unless specifically designated by the Town as “Public,” drainage features and infrastructure, within the “Reserved Storm Drainageway” shall be considered private and the responsibility of the property owner. Drainage easements are not required for drainage structures and conveyance systems that handle internal stormwater runoff within a single lot or parcel. This detail shall be noted on the final plans.

27. Best Management Practices: That the applicant provides verification that the proposed bio-retention facility will provide for the removal of at least 85% of the suspended solids in the stormwater runoff prior to the stormwater run-off leaving the site. If practical, the facility shall be designed to capture and treat runoff from that portion of the parking area located down slope from the underground stormwater units (“stormceptor”).

That the underground units proposed at drop inlet #3 shall be relocated to drop inlet #4. The unit (closest to the bio-retention area) shall be relocated to the junction box location on-line with the existing drainage system. Both units must be sufficiently sized to remove 85% total suspended solids, subject to Town Manager approval.

The proposed bio-retention facility location and design, and the installation of the other underground stormwater units, or similar Best Management Practice design, shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

28. Performance Guarantee: That 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.

Stipulations Related to Resource Conservation District

29. Impervious Surface Limits: Booker Creek Greenway: That any imperious surface added to the site within the Resource Conservation District caused by the Town’s Booker Creek Linear Park project shall not be counted toward the Village Plaza amount of impervious surface and/or land disturbance for regulatory purposes.

30. Boundaries: That the boundaries of the Resource Conservation District be indicated on the final plans and final plat. A note shall be added to all final plans and plats, indicating “Development shall be restricted within the Resource Conservation District in accordance with the Chapel Hill Development Ordinance.”

31. Variances: That all variances necessary for development within the Resource Conservation District be obtained before application for final plat or Final Plan approval for the subject phase(s) of development.

32. Construction Standards: That for encroachment(s) into the Resource Conservation District, the requirements and standards of subsections 5.6 and 5.8 of the Development Ordinance and all other applicable Resource Conservation District regulations must be adhered to, unless the application is granted administrative exemptions from subsection 5.8.

Stipulations Related to Refuse and Recycling Collection

33. Redesigned Refuse/Parking Area: That the final plans indicate where a refuse compactor and recycling containers will be located to service this proposed development. The applicant shall provide a refuse/recycling collection facility for this development that coordinates the refuse needs of the businesses sharing the zoning lot. The refuse compactor shall be at a central location to service all of the affected businesses. The plan shall include the construction of accessible compactor and recycling dumpster pads, constructed to Town standards. The plan must note the existing sewer line under the driveway along the eastern property and address how the line may impact the placement of dumpsters in this area.

The redesigned refuse/parking area must provide a minimum of 33 parking spaces. The final parking lot and refuse area design must be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

34. Approval of Shared-Container and Joint Access Agreements: That a shared-container and joint refuse vehicle access and construction agreement shall be provided between the property owner of Lot #1 Village Plaza and Lot #2 Village Plaza. The agreement shall be approved by the Town Manager and recorded at the Orange County Register of Deeds Office, and copies of the agreement shall be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.

35. Heavy Duty Pavement: That all drive aisles needed to access refuse containers shall be constructed of heavy duty pavement. The final plans must include a detail of this pavement section. It will also be necessary to include the following note on the final plans: “The Town of Chapel Hill, its assigns or Orange County shall not be responsible for any pavement damage that may result from service vehicles.

36. Overhead Utility Wires: That the final plan confirm that no overhead obstruction or utility wires will interfere with service vehicle access or operation.

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

Stipulations Related to Utilities

38. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority (OWASA), Duke Power Company, BellSouth, Public Service Company, Time/Warner Cable and the Town Manager before issuance of a Zoning Compliance Permit. The final plans shall demonstrate that there is no conflict between utility lines, easements, and other site elements.

39. Utility Lines: That except for existing 3-phase electric utility lines, all new or relocated utility lines shall be installed underground and shall be indicated on final plans.

Stipulations Related to Fire Protection/Fire Safety

40. Fire Flow: That a fire flow report prepared by a registered professional engineer and demonstrating compliance with the provisions of the Design Manual be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

41. Fire Department Connection and Fire Hydrant: That the final proposed location for all Fire Department connections and the location and number of new fire hydrants shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

42. Sprinkler System: That the new building shall have a sprinkler system in accordance with the Town Code, which shall be approved by the Town Manager.

Miscellaneous Stipulations

43. Phase II Construction Staging/Parking Plan: That prior to the issuance of a Zoning Compliance Permit for Phase II, the applicant shall provided a Phase II construction staging and parking area plan. The plan shall provided temporary parking for the parking spaces lost during the construction period. The applicant must provide a recordable parking space easement agreement for all proposed off-site parking spaces.

44. Off-Site Easements: That all necessary off-site utility, construction, access, maintenance, or other required easements shall be obtained and a recorded copy of such easements shall be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.

45. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are complete, and that a note to this effect shall be placed on the final plans.

46. That 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 plans.

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

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

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

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

51. Construction Sign Required: That the developer shall post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit. The construction sign may have a maximum of 32 square feet of display area and may not exceed 8 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.

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

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

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit for Village Plaza Shopping Center Renovation.

This the 13th day of January, 2003.

RESOLUTION B

(Planning Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR VILLAGE PLAZA SHOPPING CENTER RENOVATION (2003-01-13/R-7b)

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;

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 by the Council that it finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

3. Modification of Subsection 14.6.6 (a) to allow less than a five-foot landscaped strip between portions of the buildings and adjacent parking areas.

4. Modification of Subsection 14.6.7 to allow a minimum of 478 spaces for Phase I and 497 spaces for Phase I and Phase II, as noted in the stipulations 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.

2. Deleted Stipulations: That the Affordable Housing Mechanism, Parking Lot Crosswalks/Walkways, Booker Creek Greenway Construction in the RCD, and Phase II Construction Staging and Parking Plan stipulations shall be deleted from the resolution.

3. Revised Stipulations: That the stipulations related to the Land Use Intensity and Bicycle Parking require a minimum of 48 bicycle parking spaces. That the stipulation related to Land Use Intensity authorize thirteen movie theaters with a maximum of 1,928 seats. That the stipulation related to Redesigned Refuse/Parking Area allow refuse containers and a minimum of 25 parking spaces.

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit for the Village Plaza Shopping Center Renovation.

This the 13th day of January, 2003.

RESOLUTION C

(Bicycle and Pedestrian Advisory Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR VILLAGE PLAZA SHOPPING CENTER RENOVATION (2003-01-13/R-7c)