RESOLUTION C

(Community Design Commission)

A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE EAST 54 MIXED USE DEVELOPMENT (aka UNIVERSITY VILLAGE) (FILE NO. 9798-34-3837) (2007-02-26/R-9c)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the East 54 Mixed Use Development (aka University Village) Special Use Permit Modification proposed by East West Partners, on property identified as Orange County Property Identifier Numbers, 9798-34-3837, 9798-35-0079, 9798-54-7612 if developed according to the Site Plan, dated November 1, 2006, and the conditions listed below would:

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

2. Comply with all required regulations and standards of the Land Use Management Ordinance including all applicable provisions and with all other applicable regulations, with the modifications listed below; and

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

4. 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 by the Town Council of Chapel Hill that it finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

1. Modification of Section 5.6.2 to modify the minimum landscape bufferyards, as shown on approved Special Use Permit Site Plan, dated November 1, 2006.

2. Modification of Section 5.9.6 to modify parking lot screening standards, as shown on approved Special Use Permit Site Plan, dated November 1, 2006.

3. Modification of Section 5.9.6 to modify parking lot shading requirements, as shown on approved Special Use Permit Site Plan, dated November 1, 2006.

This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree because the applicant is providing affordable housing, infill housing, sustainability, multi-modal transportation accessibility, structured and shared parking, public art, and pedestrian focus.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for East 54 Mixed Use Development (aka University Village) 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. Modified Stipulations: That the following stipulations shall be modified:

• Prestwick Road Sidewalk: Construct a five-foot wide concrete sidewalk to Town standards, on the south side of Prestwick Road, adjacent to the proposed parallel parking spaces. Where possible, the sidewalk shall be seven feet in width. That the construction of the sidewalk be subject to obtaining an off-site construction/public access/maintenance easement.
• Raised Crosswalk/Traffic Calming on Prestwick Road: Provide a $5,000 payment-in-lieu for the construction of a raised pedestrian crosswalk across Prestwick Road.

3. Deleted Stipulations: That the following stipulations shall be deleted: Pedestrian/Bicycle Directional Signage; Parking Deck Entrance Design; Pedestrian Connection to Aurora/McLean property; Finley Golf Course Road Sidewalk Stormwater Improvements; Avalon Building

BE IT FURTHER RESOLVED that the Council hereby approves the Special Use Permit Modification for the East 54 Mixed Use Development (aka University Village) development.

This the 26^th day of February, 2007.