ATTACHMENT 5

RESOLUTION B

(Community Design Commission Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR STARBUCKS AT EASTGATE SHOPPING CENTER

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Federal Realty Investment Trust for Starbucks at Eastgate Shopping Center on property identified as part of Orange County Tax Map 45, Block C, Lot 3 (PIN 9799-25-5527) if developed according to the site plans dated April 19, 2006, revised June 27, 2006, and the conditions listed below:

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

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

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

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

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for Starbucks at Eastgate Shopping Center in accordance with the plans listed above and with the conditions listed below:

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 Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development unless modified or superseded by those stipulations below.

2. Deleted Stipulations: That the following stipulations shall be deleted from the Resolution:

• Compliance With State and Federal Floodplain Regulations: That the applicant shall comply with State and federal regulations pertaining to redevelopment in the federally regulated floodplain and floodway. That the applicant shall provide 1) certification by a licensed professional engineer for dry flood proofing or 2) elevation of the structure, to provide structural protection to 18 inches above base flood elevation, or 3) certification by a licensed appraiser to verify that no substantial improvement to the structure is proposed. That the applicant shall provide certification, subject to Town Manager approval in pre-construction and post-construction conditions, prior to issuance of a Zoning Compliance Permit and Certificate of Occupancy, respectively.

• Vehicular Parking: That the applicant shall provide 23 vehicular parking spaces, including 2 handicapped parking spaces, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

• Bicycle Parking: That the applicant shall provide 3 Class II bicycle parking spaces, with wave-type bicycle racks in a well-lighted, covered location, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

• Crosswalk Signage: That the applicant shall provide “yield to pedestrians” signs in both directions at the Eastgate Shopping Center Drive crosswalk, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

• East Franklin Street Bus Stop Improvements:  Subject to NCDOT authorization, the applicant shall provide bus stop improvements for the existing bus stop located on the East Franklin Street frontage, including a concrete pad behind the sidewalk, a shelter, bench and trash can, designed to Town Standard, prior to issuance of a Certificate of Occupancy. An NCDOT encroachment agreement shall be provided and site plans approved by NCDOT and the Town Manager, prior to the issuance of a Zoning Compliance Permit.

3. Added Stipulations:  That the below stipulations shall be added to the Resolution:

• Determination of Substantial Improvement: Pre-Construction: That the applicant shall provide certification, including a detailed estimate of proposed improvements, from the appropriate licensed professional, that there is no proposed substantial improvement, subject to approval by the Town Manager, prior to issuance of any Zoning Compliance Permit or any Building Permit.

• Determination of Substantial Improvement: Post-Construction: That the applicant shall provide certification, including a detailed construction expense report, from the appropriate licensed professional, that there is no substantial improvement, subject to approval by the Town Manager, prior to issuance of any Certificate of Occupancy.

• Vehicular Parking: That the applicant shall provide 13 vehicular parking spaces, including 2 handicapped parking spaces, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

• Bicycle Parking: That the applicant shall provide 6 Class II bicycle parking spaces, with wave-type bicycle racks in a well-lighted, covered location, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

• East Franklin Street Bus-Stop Improvements: That the applicant shall provide bus-stop improvements for the existing bus-stop located on the East Franklin Street frontage, including a concrete pad behind the sidewalk, a shelter, bench, and trash can, designed to Town Standard, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit Modification application for Starbucks at Eastgate Shopping Center, as proposed by Federal Realty Investment Trust, in accordance with the plans and conditions listed above.

This is the______day of__________________, 2006.