ATTACHMENT 8

RESOLUTION E

                                                             (Denying the Special Use Permit Modification Application)

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE 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 not be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would not comply with all required regulations and standards of Land Use Management Ordinance;
3. Would not be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Would not conform with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and the Comprehensive Plan.

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

                                  (INSERT ADDITIONAL REASONS FOR DENIAL)

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for the Special Use Permit Modification application for Starbucks at Eastgate Shopping Center, as proposed by Federal Realty Investment Trust.

This is the______day of__________________, 2006.