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 27, 2003

 

INTRODUCTION

 

Tonight the Council continues the Public Hearing from January 13, 2003, regarding the Special Use Permit application to 1) demolish the Village Plaza Theater and 6,300 square feet of adjoining retail space, and 2) construct 62,840 square feet of commercial, office and residential space.  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.

 

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 discussion on the Key Issues discussed at the January 13, 2003 Public Hearing and offers recommendations for Council action.   ¨      Attachments:  Includes January 22, 2003 correspondence from the applicant, handouts from the January 13, 2003 Public Hearing, a copy of the January 13, 2003 Public Hearing memorandum, including advisory board comments, and related attachments.

 

The Public Hearing is being reopened tonight to receive applicant and staff responses to questions raised at the January 13, 2003, Public Hearing.

 

KEY ISSUES

 

At the January 13, 2003 Public Hearing, Four key issues emerged: 1) Continued concern about adequacy of parking 2) Five plan revisions requested by adjoining property owner (Ginn & Company); 3) Refuse container/compactor options; and 4) Conditional approval of Phase II.  Following the Public Hearing we received a letter from the applicant (Attachment #1) concerning a fifth issue: 5) Stipulation requiring a cross access easement between the Village Plaza and Whole Foods property.  These issues are discussed below.

 

1.  Adequacy of Parking:  Parking continues to be a key concern with this application.  Existing parking on this site is less than the Development Ordinance would require for the existing amount of development.  This application proposes additional development that would increase the differences between normal parking requirements and provided parking.

 

Comment:  Transit and pedestrian related improvements are included as conditions in Resolution A (Stipulations 4, 5, 7, 8, 9, 12, 13, 15), and the other Resolutions attached to the January 13, 2003 memorandum.  The applicant proposes that the primary use of parking during the day will be by retail businesses and at night by the theater.  Given these considerations, we believe that the number of parking spaces proposed by the applicant is reasonable.

 

The latest proposal by the applicant, 482 parking spaces, includes 25 parking spaces behind the building (near the refuse/recycling area).  We believe, with the installation of a trash compactor, (Key Issue #3) that the applicant can increase the number of parking spaces behind the building from 25 to 33.  Accordingly, the Manager’s recommendation is that the Phase I portion of this proposal include a minimum of 490 parking spaces.  We also note, as shown in the table below, that the difference between required and proposed parking spaces for the Phase I development is less that the parking space shortfall for the current development.      

 

* Includes 33 parking spaces in the area behind the building.

 

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.  If the Council decides to require additional parking spaces, we recommend that the application be remanded back to the applicant for revisions to the site plan and the Public Hearing recessed to a future date.

 

2.  Revisions Proposed by Ginn and Company:  During the Public Hearing the property owner for the Whole Foods site, Steve Ginn, representing Ginn & Company, presented a handout to Council members (Attachment #2).  Mr. Ginn asked that the Council consider five requests:     

 

a)         “Completely drop Phase II from an already overbuilt plan.” [Ginn & Co. Statement]

 

Comment:  During the January 13, 2003 Public Hearing the applicant stated a willingness to drop Phase II, if the Council determines that removing Phase II is necessary in order to receive Council approval.  Attached to this memorandum (Attachment #1) is a January 22, 2003 correspondence from the applicant stating intent to remove the Phase II portion of the project at this time.

 

Removal of Phase II floor area (24,840 square feet) improves the applicant’s floor area figures and eliminates the requirement for Council to approve a modification to the land use intensity regulations as they relate to maximum permitted floor area.  Removal of Phase II also decreases the discrepancy between required and proposed number of parking spaces by 81.

 

Authorization of the Phase II portion of the development, along with associated stipulations has been removed from Resolution A.

 

b)        “Require a cross access easement agreement between Ginn and Company (Whole Foods site) and Eastern Federal.”  [Ginn & Co. Statement]

 

During the January 13, 2003 Public Hearing, Mr. Ginn stated that his tenants (Whole Foods site) expressed a concern about the potential for theater customers parking in the Whole Foods site parking spaces.  The tenants also voiced a concern about the potential for increased Village Plaza service vehicle activity within the Whole Foods parking lot.  In order to address this impact, Mr. Ginn requested that the Council require a cross access easement agreement between the two property owners.   Mr. Ginn stated that such an agreement could provide protection to his tenants and address some of their concerns associated with parking and service vehicles.  

 

Access and circulation improvements proposed by the Village Plaza applicant for the redesigned Village Plaza shopping center include improved vehicular circulation between the Village Plaza site and the Whole Foods property.  In association with this new connection and improved vehicular circulation, we note that the applicant, in the submittal of this application, offered to work toward securing a cross access easement between the two properties.  A stipulation requiring this cross access easement between the two property owners was included in the Resolutions of Approval attached to the January 13, 2003 memorandum.    

Since the January 13, 2003 Public Hearing, the applicant has decided to modify the application (Attachment #1) as it relates to this easement.  In the attached January 22 correspondence, the applicant objects to a stipulation requiring a cross access easement between the Village Plaza and Whole Foods property.  The applicant indicates he has not been able to secure an easement.  The applicant requests an alternate stipulation requiring easements on the Village Plaza properties which would authorize Whole Foods tenants and customers access to the Village Plaza site. 

 

Comment:  The subject of cross access easements between these two properties has been linked with the applicant’s request for Expedited Processing and modifications to the regulations associated with the proposed development.  In both instances, the applicant has stated intent to acquire a cross access easement from the Whole Foods property.  Based on the proposed intent to secure a cross access easement, and other findings, the Council granted expedited processing (April 8, 2002) to the Village Plaza applicant. 

 

We believe that the Council could find that the proposed development, without the cross easement agreement, would still contain elements that serve public purposes (improvements related to stormwater management, parking lot landscaping, pedestrian paths and amenities) to an equivalent or greater degree and therefore the Council could modify the regulations as proposed by the applicant.  Alternatively, the Council could reasonably conclude that without the cross access easement between the two properties, some or all of the proposed modifications would not satisfy public purposes to an equivalent or greater degree.  If the Council makes this determination and therefore finds that the application does not meet ordinance requirements, the Council could: a) Require compliance with the particular regulation(s) or, b) Deny the application.  If the Council decides that the proposal must comply with a particular regulation, we recommend that said compliance be stipulated as a condition of approval.  We do not believe, given the applicant’s objection, the Council can require the applicant to gain an agreement with a third party.  However, if the Council believes the access agreement to be an important component of this application, the Council may choose to deny the application

 

Our recommendation is that the Council modify the easement stipulation, as requested by the applicant.  Attached Resolution A includes a stipulation requiring that the applicant provide a cross access easement upon the Village Plaza site.  Said easement would permit customers from the Whole Foods and Gateway Commons (aka Staples) sites ingress and egress upon the Village Plaza properties.  We also anticipate, at such time Ginn & Company seeks Town Council approval for improvements to their property, the Council would stipulate that Ginn and Company provide a cross access easement authorizing Village Plaza and Gateway Commons tenants and customers to access the Whole Foods site.

 

Regarding the issue of vehicular traffic patterns between the two properties, we note that a Special Use Permit on the Whole Foods site granted in the 1980’s requires unimpeded traffic flow, behind the Red, Hot and Blue Restaurant, between the Whole Foods site and the Village Plaza property.  That Special Use Permit would prohibit the Whole Foods property owner from creating a situation that would block the access and circulation patterns between these two properties in that location.  

 

c)         “Move the box office away from our property (Whole Foods site) and design the driving lane to route drop-off traffic back towards the Village Plaza’s parking lot.” [Ginn & Co. Statement]

 

Comment:  We believe that an argument could be made that relocating the box office further away from the Whole Foods property might direct drop-off traffic back towards the Village Plaza away from the Whole Foods site.  However, after reviewing the information that has been presented, we do not find persuasive evidence that the location of the box office will significantly affect parking patterns.  The Council could reasonably conclude otherwise and authorize a permit that would require that the box office be relocated.

 

d)        “Reduce theater screens to 9 or replace Phase II with a decked parking structure.”  [Ginn & Co. Statement]

 

Comment:  During the Public Hearing the applicant agreed to reduce the number of movie theater screens from 11 to 10.  The application also agreed to reduce total theater seating to 1,600 seats.  The proposal by the applicant to reduce the number of movie theater screens and total number of seats does not include a proposal for a parking deck.  The January 22, 2003 correspondence from the applicant confirms this proposed reduction in theater and seats.  Resolution A stipulates a 38,000 square foot theater with a maximum 10 movie theater screens, and 1,600 seats.

 

e)         Provide security as needed to direct traffic away from Ginn and Company on weekends and holidays. [Ginn & Co. Statement]

 

Comment:  We believe that this request by Ginn and Company is a private matter that is appropriately worked out as a private agreement between property owners, and therefore is not included in our recommended Resolution.

 

 

3.  Installation of a Trash Compactor:  During the Public Hearing the applicant stated that although he did not object to the installation of a trash compactor, he preferred that the Council allow the option of either dumpster or a trash compactor.  In the January 22, 2003 correspondence the applicant is requesting that the Council authorize replacement of the compactor, if, after a one year operation period, the applicant, Public Works, and the Town Manager agree that the compactor has provided poor service.

 

Comment:  If the applicant provides adequate management, maintenance and operational oversight, the compactor will provide acceptable service to this shopping center.  The installation of a trash compactor would allow room for approximately 8 to 12 additional parking spaces.  The applicant is requesting modification of ordinances by the Council and we believe it is reasonable to require that the applicant take responsibility for management of the refuse storage and collection on his property.

 

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

 

4.  Conditional Approval of Phase II:  During the January 13 Public Hearing several Council members asked if the Council could approve the proposed Phase II portion of the development with a stipulation ensuring that, prior to Phase II construction start-up, the property owner would demonstrate to the Council that there is adequate parking.

 

Comment: The January 22, 2003 correspondence from the applicant includes a statement that amends the application and removes the Phase II portion from tonight’s application.  The correspondence further states the applicant’s intent to return to the Council with a Special Use Permit Modification application at such time that he decides to proceed with the development of Phase II. 

 

5.  Stipulation requiring a cross access easement between the Village Plaza and Whole Foods property:  On January 22, 2003 we received a correspondence from the applicant objecting to a stipulation requiring an access easement from an adjoining property owner.

 

Comment:  Please refer to the discussion above under Key Issue #2.

 

RECOMMENDATIONS

 

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 regulations.

 

The Manager’s Revised Recommendation includes the following stipulations that have been added or deleted since the January 13 Public Hearing:

 

·        Delete Phase II improvements;

·        Delete the requirement for a cross access easement with the Whole Foods site; replace with a requirement for such an easement to be recorded on the Eastern Federal and Mark Properties sites; 

·        Specify a maximum 10 movie theater screens and 1,600 seats; and

·        Install signage identifying Class I bicycle parking areas.

 

 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.

 

Copies of Resolution B through G are attached to the January 13, 2003 Public Hearing memorandum.

 

ATTACHMENTS

 

1.      January 22, 2003 correspondence from applicant (p. 19).

2.      Handouts from the January 13, 2003 Public Hearing (p. 20).

3.      January 13, 2003 Public Hearing and related attachments (p. 51).

RESOLUTION A

(Manager’s Recommendation)

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR VILLAGE PLAZA SHOPPING CENTER RENOVATION (2003-01-27/R-11a)

 

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 plans included as attachments to the January 13, 2003 Council memorandum titled Additional Parking Lot Buffer, and 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 by the Council it finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

 

1.      Modification of Subsection 13.11.1 and 5.5.2.1 to allow a minimum of 154,242 square feet of livability space.

 

2.      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.

 

3.      Modification of Subsection 14.6.7 to allow a minimum of 490 parking spaces.

 

4.      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 promotion of greater pedestrian mobility, (3)  The provision of increased landscaping in the parking lot, (4) The provision of less impervious surface area, and (5) 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 begin by January 27, 2005 and be completed by January 27, 2006.

 

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

 

Land Use Intensity	Village Plaza Shopping Center
Net Land Area	475,632 sq ft
Total # of Buildings	10 (8 existing, 2 new)
Maximum Floor Area	110,034 sq ft
Maximum # Movie Theater Screens	10
Maximum #  Movie Theater Seats	1,600
Minimum Outdoor Space	407,920 sq ft
Minimum Livability Space	154,242 sq ft
*Minimum # of Parking Spaces	490
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 includes 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 15-497.

 

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 $10,0000 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.  Construction Access and Maintenance Easements:  That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide a temporary construction and permanent maintenance easement 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.  Ingress, Egress Easement: That the applicant shall provide an ingress and egress access on Village Plaza site (aka Lot #1 and Lot #2 Village Plaza) permitting tenants and customers from the Whole Foods and Gateway Commons properties vehicular and service vehicle ingress, egress and regress across and between the Whole Foods/Gateway Commons properties and Lot #1 and Lot #2 Village Plaza..  The easement 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

 

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

 

14.  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.

 

15.  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.

 

16.  Transportation Management Plan: That the applicant provide 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.

 

17.  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 install signage identifying the location of Class I spaces.  The applicant provide shower and locker facilities.

 

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 approval 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 provide 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, 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 that may impact the placement of dumpsters in this area. 

 

The redesigned refuse/parking area must provide a minimum of 33 parking spaces and adequate loading areas.  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 Town Code, which shall be approved by the Town Manager.

 

Miscellaneous Stipulations

 

43.  Taxation of Office and Commercial Property:  That arrangement be made by the applicant such that proposed office and commercial buildings be subject to local and State property and sales taxes, or that provisions be made for annual payment in lieu of such taxes in the event that such properties become tax exempt.  The arrangement shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

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.

 

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.

 

46.  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.

 

47.  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.

 

48.  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.

 

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

 

50.  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.

 

 

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

 

52.  Vested Rights:  This special use permit constitutes a site specific development plan establishing vested rights as provided by N.C.G.S. Sec. 160A-385.1 and Section 2.121.1 of the Chapel Hill Development Ordinance.

 

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 27^th day of January, 2003.