RESOLUTION D

(Community Design Commission Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR STARBUCKS AT EASTGATE SHOPPING CENTER (2006-11-06/R-8d)

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 Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development unless modified or superseded by those stipulations below.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. The plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

• Bicycle Parking: That the applicant shall provide 6 inverted ‘U’-type bicycle racks to accommodate 12 bicycles, on the north side of the building. The plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

• East Franklin Street Sidewalk Extension: That the applicant shall provide a Town standard 10-foot wide sidewalk, with 30-inch curb and gutter, extending approximately 100 linear feet along the East Franklin Street frontage to the west side of the driveway. That the applicant shall also provide Town Standard handicapped ramps on both sides of the driveway, adjacent to the striped crosswalk, connecting the sidewalk segments. The plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

• East Franklin Street Bus Stop Improvements:  Subject to NCDOT approval, 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, and electricity for electronic signage and lighting, 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.
• Expanded Planting Strip or Potted Shrubs: That the applicant shall extend the vegetated planting area, contained with curbing, on the west side of the driveway from Eastgate Shopping Center Drive into the site, adjacent to Eastgate Shopping Center Drive at the Southeast corner of the site, or provide a grouping of potted shrubs. The plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
• Provide Additional Vegetation Near the Southwest Corner of the Building: That the applicant shall provide additional plantings near the southwest corner of the building. These plantings shall be shown on a revised Landscape Plan, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
• Replace Butterfly Bush With Approved Non-Invasive Plant Species: That the applicant shall replace Butterfly Bush and any other invasive species, with non-invasive species selected from the approved plant list in the Chapel Hill Design Manual, subject to Town Manager approval, prior to 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 Sidewalk Extension: That the applicant shall provide a Town standard 5-foot wide sidewalk, with 30-inch curb and gutter, extending approximately 100 linear feet along the East Franklin Street frontage to the west side of the driveway. That the applicant shall also provide Town Standard handicapped ramps on both sides of the driveway, adjacent to the striped crosswalk, connecting the sidewalk segments, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

• East Franklin Street Bus Stop Improvements:  Subject to NCDOT approval, 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.

• Expanded Planting Strip: that the applicant shall extend the grassed planting area and vegetation, shown on the site plan, on the west side of the driveway from Eastgate Shopping Center Drive into the site, immediately adjacent to Brueggers Bagels, 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 the 6^th day of November, 2006.