RESOLUTION G

(Greenways Commission Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR RESIDENCES AT CHAPEL HILL NORTH SHOPPING CENTER (2007-01-08/R-8g)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Radway Design Associates for The Residences at Chapel Hill North on property identified as Orange County Parcel Identifier Number (PIN 9880-36-1885) if developed according to the site plans dated April 19, 2006, revised August 4, 2006, and the conditions listed below:

1. Would be consistent with the conceptual Master Land Use Plan; and

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

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for Residences at Chapel Hill North 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 Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development unless modified or superseded by those stipulations below.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:

Vehicular Parking: That the applicant shall provide a minimum of 227 vehicular parking spaces, including 11 handicapped parking spaces, design subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

Bicycle Parking: That the applicant shall provide 144 bicycle parking spaces with the appropriate ratio of Class I (90%) and Class II (10%) bicycle parking spaces, as required by Section 4.11 of the Chapel Hill Design Manual. Garages and secure indoor areas can be substituted for Class I bicycle parking spaces. The applicant shall provide inverted-U-type bicycle racks, or appropriate alternative, for the Class II bicycle parking, covered and well-lighted, in several locations on the site. Bicycle parking facilities design is subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

Bicycle Safety Improvements on Perkins Drive at Martin Luther King Jr. Boulevard: That the applicant shall provide bicycle activated traffic signal loops on Perkins Drive , design subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.

Northern Pedestrian Trail: That the applicant shall construct a 10-foot wide pedestrian trial traversing the site, in the 100-foot northern buffer area, designed to AASHTO, ADA, and Town standards, with grades no greater than 5% and designed to support the weight of a vehicle, design subject to Town Manager approval, prior to the issuance of a Zoning Compliance Permit.

Northern Connection to Retail Development to the East: That the applicant make a good faith effort to reach agreement with the adjacent property owner to the east, to provide a pedestrian connection to the greenway trail along the northern property line permitting residents of the proposed development convenient access to adjacent retail shopping.

Recordation of Northern and Southern Pedestrian Easements: That the applicant shall deed a 30-foot wide public access easement to the Town, to accommodate the recommended greenway trails, that traverse the northern and southern portions of the site and provide public access to build and maintain trails, as needed, and that the following users be entitled to use the public recreation areas: pedestrians, users of non-motorized vehicles, and motorized wheelchairs. That the property owner shall provide regular trail maintenance. That the northern easement shall be approved by the Town Manager and recorded, prior to issuance of a Certificate of Occupancy. That the southern easement shall be approved by Duke Energy and the Town Manager and recorded, prior to issuance of a Certificate of Occupancy.

• Perkins Drive Right In/Right Out Movement: That the applicant shall provide a median on Weaver Dairy Road to restrict traffic movements to right-in/right-out access to Perkins Drive, design subject to NCDOT and the Town Manager approval, prior to issuance of a Zoning Compliance Permit.

• Pedestrian Crosswalk on Perkins Drive at Weaver Dairy Road: That the applicant shall provide a striped pedestrian crossing across Perkins Drive, at the intersection of Weaver Dairy Road, design subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

• Repaint Right Lane Arrows on Perkins Drive: That the applicant shall repaint the right-lane turn arrows on Perkins Drive at the intersection of NC 86 to provide a dual-motion right/left turn lane, design subject to NCDOT and the Town Manager approval, prior to issuance of a Zoning Compliance Permit.

Sidewalk on East Side of Perkins Drive: That if adequate right-of-way is available, the applicant shall provide a 5-foot wide sidewalk, along the eastern side of Perkins Drive , from the entranceway to the site to the southern boundary of the site, design subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

3. Added Stipulations: That the following stipulations shall be added:

• Old University Station Road Public Right-Of-Way Dedication: That the applicant shall dedicate a 60-foot wide public right-of-way to the Town on the portion of Old University Drive that crosses the southeast corner of the applicant’s property, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

• Old University Station Road and Sidewalk Extension: That the applicant shall construct a 27-foot wide street cross-section with 30-inch curb and gutter, extending to the existing street, and a 5-foot wide sidewalk on the west side of the street, extending to the existing sidewalk, built to Town Standard, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

• Vehicular Parking: That the applicant shall provide a minimum of 242 vehicular parking spaces, including 12 handicapped parking spaces, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

• Bicycle Parking: That the applicant shall provide 144 bicycle parking spaces with the appropriate ratio of Class I (90%) and Class II (10%) bicycle parking spaces, as required by Section 4.11 of the Chapel Hill Design Manual. Garages and secure indoor areas can be substituted for Class I bicycle parking spaces. The applicant shall provide inverted-U-type bicycle racks for the Class II bicycle parking, covered and well-lighted, in several locations on the site. The Class II parking spaces shall be inverted-U-type bicycle racks in well-lighted, in several locations on the site. Bicycle parking facilities are subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

• Sidewalk on East Side of Perkins Drive: That the applicant shall provide a 5-foot wide sidewalk, built to Town standard, extending southward for approximately 230 feet on the east side of Perkins Drive, to connect to the proposed sidewalk segment along the frontage of Timberlyne Commerce Park. Design is subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

• Southern Pedestrian Trail: That the applicant shall construct a 10-foot wide pedestrian trial traversing the site, in the Duke Energy easement built to AASHTO, ADA, and Town standards, with grades no greater than 5% and designed to support the weight of a vehicle, subject to the location and design being reviewed and approved by Duke Energy and Town Manager, prior to the issuance of a Zoning Compliance Permit.

• Recordation of Southern Pedestrian Easement: That the applicant shall grant a 15 to 20-foot wide public access easement to the Town, to accommodate the recommended greenway trail, that provides public access to build and maintain trails and that the following users be entitled to use the public recreation area: pedestrians, users of non-motorized vehicles, and motorized wheelchairs. That the easement shall be approved by Duke Energy and the Town Manager and recorded, prior to issuance of the Zoning Compliance.

• Recordation of Northern Pedestrian Easement: That the applicant shall grant a 30-foot wide pedestrian access easement inside the landscape buffer along the northern boundary of the site, running the width of the property, that provides public access to build and maintain trails and that the following users are entitled to use the public recreation area: pedestrians, users of non-motorized vehicles, and motorized wheelchairs. We recommend that the easement be approved by the Town Manager and recorded, prior to issuance of the Zoning Compliance.

• Thermoplastic Pavement Markings: That the applicant shall provide pavement markings, including arrows and pedestrian crossings, composed of thermoplastic material, design subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

• Bicycle Safety Improvements on Perkins Drive at Martin Luther King Jr. Boulevard: That the applicant shall provide bicycle activated traffic signal loops on Perkins Drive, design subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.

• Pedestrian Crosswalk on Weaver Dairy Road at Perkins Drive: That the applicant shall provide a striped pedestrian crossing across Weaver Dairy Road, immediately east of the intersection of Perkins Drive, with a pedestrian refuge in the Weaver Dairy Road median, design subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

• Pedestrian Sidewalk Segment at the Corner of Perkins Drive and Weaver Dairy Road: That the applicant shall provide a short sidewalk segment, wrapping around the corner of the northeast quadrant of the intersection of the Perkins Drive/Weaver Dairy Road intersection, right-of-way permitting. That the sidewalk segment shall provide pedestrian refuge and bridge the adjacent pedestrian crossings on Perkins Drive and Weaver Dairy Road, design subject to NCDOT and 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 application for The Residences at Chapel Hill North, as proposed by Radway Design Associates, in accordance with the plans and conditions listed above.

This the 8^th day of January, 2007.