(RESOLUTION B)

A RESOLUTION DENYING AN APPLICATION FOR DEVELOPMENT PLAN MODIFICATION NO. 3 FOR THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL (2007-02-12/R-12b)

WHEREAS, the Town Council approved a portion of the Development Plan Modification No. 3 application with conditions and continued the December 4, 2006 hearing until February 12, 2007 for consideration of a proposal for an addition to the Carolina Inn; and

WHEREAS, and the evidence concerning the Carolina Inn, as provided in the correspondence from the University, has been submitted at the continued Public Hearing on February 12, 2007;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that development proposed for an addition to the Carolina Inn, if developed according to the Development Plan Modification No. 3 dated June 8, 2006, and supplemental information dated September 1, 2006, September 13, 2006, the Traffic Impact Analysis addendum dated October 2006, and the evidence concerning the Carolina Inn provided in the correspondence from the University dated January 29, 2007, would not:

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

2. Be located, designed, and proposed to be operated so as to maintain or enhance the value of adjacent property; and

3. Comply with all required regulations and standards of this Chapter, including all applicable provisions of Article 2 and with all other applicable regulations; and

4. Conform with the general plans for the physical development of the Town as embodied in this Chapter and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Town Council hereby denies the application for the additional adjustments to the Development Plan Modification No. 3 to provide for an addition to the Carolina Inn.

This the 12^th day of February, 2007.