A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR DOWNTOWN ECONOMIC DEVELOPMENT INITIATIVE – PARKING LOT FIVE DEVELOPMENT (FILE NO. 9788-27-3068)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application for Downtown Economic Development Initiative – Parking Lot Five Development, as proposed by the Ram Development Company, on property identified as Orange County, Property Identifier Numbers 9788-27-3068, 9788-27-6139, 9788-27-7042, 9788-27-7101, 9788-27-7251, 9788-27-8102, and 9788-27-8107 if developed according to the plans dated February 13, 2007 (revised April 23, 2007), and the conditions listed below, would:

Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare:
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;
Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
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:

Modification of Section 3.8-1 to modify maximum primary building height regulations to exceed the Town Center-3 zoning district maximum height regulations of 44 feet, by 10 feet, for a total of 54 feet on the north and south elevations, West Rosemary Street and West Franklin Street frontages respectively;
Modification of Appendix A, Definition of Building Envelope, to modify the rise to run ratio in the Town Center-3 zoning district from 1:1 to 1:0.25 on the west and east elevations, Church Street frontage and interior property line respectively.

This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree as the proposal involves redevelopment of a downtown “opportunity site” as identified in the Downtown Small Area Plan.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for the Downtown Economic Development Initiative – Parking Lot Five Development in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

That construction begin by (two years from approval date) and be completed by (five years from approval date).
Land Use Intensity: This Special Use Permit authorizes residential, office type business, and convenience and general business uses and land use intensity requirements as specified below:

Land Use Intensity
Net Land Area	76,210 sq ft
Total Maximum Floor Area	302,165 sq ft
Maximum Convenience/General-Type Business Floor Area	30,690 sq ft
Maximum Residential Floor Area	271,475 sq ft
Maximum Primary Height	54 Feet
Maximum Secondary Height	120 Feet
Maximum Residential Units	140 units
Minimum Affordable Residential Units	15% of total units or a comparable number of bedrooms with various sized units
Maximum Impervious Surface Area	87,595 sq ft
Maximum Vehicular Parking Spaces	340
Maximum Percentage of Compact Vehicular Parking Spaces	20%
Minimum Bicycle Parking Spaces	66
Minimum Recreation Space	10,059 sq ft and/or payment-in-lieu of Recreation Space

Stipulations Related to Affordable Housing

Affordable Housing Plan: The developer shall provide an Affordable Housing Plan that addresses the following items, for approval by the Town Manager prior to issuance of a Zoning Compliance Permit:

Provide 15% affordable housing units as 21 one-bedroom units; or provide a combination of 1, 2, and/or 3-bedroom units with the total number of bedrooms equal to 21 bedrooms.
The determination of eligibility of the owners;
Marketing of the dwelling unit(s);
Setting the rates of the units; the pricing of the affordable housing units shall be subject to the approval of the Town Manager prior to the issuance of a Zoning Compliance Permit;
Adequate assurances of the time period that the designated units will remain affordable in perpetuity;
That Certificates of Occupancy are issued as a proportionate percentage of affordable units (15%) are available for occupancy, compared to the number of market units constructed (ex. for every 6 market rate units, 1 affordable unit);
Ensure that required condominium association fees remain affordable for in perpetuity for the affordable units. Common expense assessments for the designated affordable units will not exceed 1.5% of the selling price of the unit for the 12 month period following the date of first conveyance of a leasehold condominium. (e.g. - $85,000 sale price = maximum $1,275 for the first year averaging $106.25 per month). Any subsequent increases in common expense assessments in any one year shall not increase by more than the greater of (a) the increase in the Consumer Price Index for the prior year, (b) the percentage increase in the median household income for the standard metropolitan statistical area in which Chapel Hill is located. An equitable adjustment to any common expense assessment reflecting any utility charges (water, sewer, heating, air conditioning and electrical) that are master metered so that all units market rate or affordable have a share in shall not be included with regard to the 1.5% limitation.

Payment to Study Affordable Housing Strategies: The applicant shall provide a $25,000 payment to the Town to study strategies for keeping affordable housing affordable, prior to the issuance of a Zoning Compliance Permit.
Location of Parking for Affordable Housing Units: The applicant shall provide parking spaces for affordable dwelling units in the underground parking deck. The design is subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Schools Adequate Public Facilities Ordinance

Schools Adequate Public Facilities Ordinance: The applicant shall provide the necessary Certificates of Adequacy of Public Schools prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Recreation and Public Facilities

Recreation Facility Requirement: The applicant shall provide the equivalent of 10,059 square feet of recreation space with a combination of indoor recreation space, outdoor (roof-top) recreation space, and a payment-in-lieu of recreation space, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
Public Art Payment: The applicant shall provide a $700,000 payment to the Town, at a time deemed appropriate by the Town Manager, for public art associated with this development proposal.
Public Programming Payment: The applicant shall provide a $200,000 payment to the Town, at a time deemed appropriate by the Town Manager, for programming of events in the public space.

Stipulations Related to Transportation

Signal Retiming Fee: The applicant shall provide a $2,000 payment to review and revise the signal timing plans, as related to traffic operations, at the West Rosemary Street / Church Street intersection and the West Franklin Street / Church Street intersection, prior to issuance of a Zoning Compliance Permit.
Parking Deck Lane Design: The applicant shall widen the proposed parking deck ramp from the street to 30 feet wide and provide 2 lanes, to potentially be reconfigured to 3 lanes by Town Parking Services as conditions warrant. The parking deck design is subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
Parking Deck Design: The design for the below grade parking facility shall include an access driveway on West Rosemary Street. The parking decks and associated amenities shall be designed and constructed to meet Town standards unless an alternative design is approved by the Town Manager.
Parking Lot Exit Ramp Warnings: The applicant shall provide a stop sign and audible warning at parking lot exit ramp at West Rosemary Street to enhance pedestrian safety. The applicant shall also provide signs near the entrance and exit of the parking deck that warns motorists to “watch for pedestrians and bicycles” or the like. The design is subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.
Parking Facility Directional Sign Plan: The applicant shall provide a parking facility directional sign plan, including pavement markings, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
Parking Facility Safety Plan: The applicant shall provide a Parking Facility Safety Plan, including safety measures such as closed circuit televisions, panic stations, and similar safety features, as well as Final Plan notes indicating who will be responsible for traffic control equipment in the event of an emergency, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
At Grade Driveway Crossings of Sidewalks: The applicant shall provide a parking lot exit driveway crossing at grade with sidewalks, built to Town standards. The applicant shall provide a sidewalk that is differentiated in tone and texture to alert pedestrians to the driveway crossing. The design is subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.
Pay Stations: The applicant shall provide a minimum of 3 Shelby pay stations with wireless capabilities, or the like, locations to be determined on the upper public parking deck. The parking deck pay station plan shall be designed to Town standards and be reviewed and approved by the Town Manager, prior to issuance of a Zoning Compliance Permit.
Compact Parking Spaces: The applicant shall provide no more than 15% compact vehicular parking spaces. The parking deck and associated amenities shall be designed to Town standards and the plan shall be reviewed and approved by the Town Manager, prior to issuance of a Zoning Compliance Permit.
Bicycle Parking: The applicant shall provide a minimum of 66 on-site bicycle parking spaces, including 22 Class I bicycle parking spaces each level of two parking deck levels. The applicant shall also provide 22 Class II bicycle parking spaces above ground placed around the site in the public space. The bicycle spaces shall comply with the Town’s Class I and Class II Design Manual standards. The Town Manager shall review and approve the bicycle parking space plan prior to the issuance of a Zoning Compliance Permit.
Streetscape and Sidewalks: The applicant shall provide 30-inch curb and gutter, approximately 7 to 13.5 foot-wide sidewalks, approximately 4 to 13-foot wide amenity strips, trees and tree grates, and decorative lighting on the West Franklin Street, Church Street, and West Rosemary Street frontages of the site. The plans for streetscape improvements shall be reviewed and approved by Town Manager prior to issuance of a Zoning Compliance Permit.
Sidewalk Design Standards: The applicant shall construct pedestrian accessible sidewalks that are a minimum of 7 feet wide, except for a short 5-foot wide sidewalk segment adjacent to the building columns on the Church Street frontage, built to Town standards. The final design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
Downtown Streetscape Master Plan: The applicant shall provide a detailed design of all proposed Streetscape and sidewalk lighting improvements, consistent with recommendations being developed by design consultants hired by the Town to revise the Downtown Streetscape Master Plan, subject to Town Manager and NCDOT approval, where appropriate, prior to issuance of a Zoning Compliance Permit.
Church Street Sidewalk: If adequate public right-of-way exists, the applicant shall provide a 5-foot wide Town standard sidewalk with 30-inch curb and gutter on the west side of Church Street, in front of the NC Institute of Pharmacy building, connecting the existing sidewalk segment towards the south end of Church Street with the West Rosemary Street intersection. The design is subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. The applicant shall provide a payment-in-lieu of sidewalk construction should right-of-way not be available prior to issuance of a Certificate of Occupancy.
Alternative Curb Section: The applicant may construct a low-profile valley curb with detachable bollards, beginning at the intersection of West Franklin Street, for approximately the first 75 feet on the east side of Church Street. The applicant may provide a transition into Town Standard 30-inch curb and gutter to be constructed for the remainder of Church Street to West Rosemary Street. If determined appropriate, the preceding design alternative to Town standard requirements, is subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.
Scored Concrete Alternative on Church Street: The applicant may provide a scored concrete design feature, or similar, beginning at the intersection of West Franklin Street, for approximately the first 75 feet of Church Street, adjacent to the alternative low-profile valley curb and gutter. If determined appropriate, the preceding design alternative to Town standard requirements, is subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.
West Rosemary Street Sidewalk: Right-of way acquisition by the Town permitting, the applicant shall construct a 5-foot wide Town standard sidewalk with 30-inch curb and gutter on the north side of West Rosemary Street, between Pritchard Avenue and Church Street, design subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. The applicant shall provide a payment-in-lieu of sidewalk construction should right-of-way acquisition not be complete prior to the issuance of the first Certificate of Occupancy.
Streetscape Tree Plantings: The applicant shall provide structural soil to create tree planting pits in the streetscape, approximately 10 feet long, 4 feet wide, and two feet deep. The location of street trees shall not conflict with pedestrian access to on-street parking. The final design and locations shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
Bus Stop Amenities: The applicant shall upgrade three existing bus stop locations with bus stop amenities or provide a payment-in-lieu of such amenities, prior to issuance of a Zoning Compliance Permit. The locations of the bus stops to be improved are as follows:
1. West Rosemary Street (North Side) West of Pritchard Avenue: The applicant shall provide bus stop amenities, including a bus stop shelter, solar generated passenger information system and lighting (solar orientation permitting), a bench, and trash receptacle.
2. West Rosemary Street (South Side) East of Site Frontage: The applicant shall relocate the existing bus stop approximately 90 feet to the eastward on the West Rosemary Street frontage, about 40 feet beyond the eastern property line, and provide bus stop amenities, including a bench.
3. West Franklin Street (North Side) West of Church Street: The applicant shall provide bus stop amenities, including a bus stop shelter, solar generated passenger information system and lighting (solar orientation permitting), a bench, and trash receptacle.
The final designs and locations of bus stop improvements shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
West Rosemary Street Crosswalk: The applicant shall provide a striped pedestrian crosswalk on West Rosemary Street near the bus stop on the north side of the street, west of Pritchard Avenue, design subject to Town Manager approval prior to the issuance of a Zoning Compliance Permit.
Transportation Management Plan: A Transportation Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit for the office portion of the development. This plan shall be updated and approved annually by the Town Manager. The required components of the Transportation Management Plan shall include:
1. Provision for designation of a Transportation Coordinator;
2. Provisions for an annual Transportation Survey and Annual Report to the Town Manager;
3. Quantifiable traffic reduction goals and objectives;
4. Ridesharing incentives;
5. Public transit incentives; and
6. Other measures subject to approval by the Town Manager.

Stipulations Related to Landscaping and Architecture

Landscape Protection, Planting and Maintenance Plan: The applicant shall provide a Landscape Protection, Planting and Maintenance Plan for all vegetated areas, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
Plaza and Parking Facility Lighting Plan Approval: The lighting plan for the plaza and the parking facility shall be reviewed and approved by Parking Services and the Police Department, prior to issuance of a Zoning Compliance Permit.
Community Design Commission Review: The Community Design Commission shall review and approve a building elevation plan, including rooftop mechanical equipment, and a lighting plan for this site. The Commission shall take additional care during review to ensure that the proposed lighting plan will minimize 1) upward light pollution and 2) offsite spillage of light, prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Environmental Issues

Leadership in Energy and Environmental Design (LEED) Technologies:The applicant shall provide evidence from a LEED certified consultant that they have provided a minimum of 26 LEED standard performance credits, to be reviewed by the Town Manager, within a reasonable period after substantial completion of construction.
Twenty Percent Energy Efficiency Feature: The Final Plan application for the Special Use Permit shall incorporate a “20% more energy efficient” feature into the site and building plans, relative to the efficiency standard of the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE), as amended and in effect at the time of building permit issuance. Other comparable standards generally recognized as applicable to building energy consumption, as amended and in effect at the time of building permit issuance, may be used by applicants when incorporating the “20 percent more energy efficient” feature into their plans
Energy Management Plan: The applicant provide an Energy Management Plan consideration of utilizing sustainable energy, currently defined as solar, wind, biofuels, and hydroelectric power, in the proposed development. The Energy Management Plan considers the purchase of carbon offset credits and green power production through coordination with the NC Greenpower program. The Energy Management Plan shall provide for an acceptable level of increased energy efficiency that ensures indoor air quality and adequate access to natural lighting, and allows for the proposed utilization of sustainable energy in a development. The Energy Management Plan shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
Underground Storage Tanks: Prior to the issuance of a Zoning Compliance Permit the applicant shall notify the Town if underground storage tanks are encountered and provide confirmation that the State has approved plans for the removal of underground fuel tanks, or similar features, and associated other site remediation actions.
Stormwater Management Plan: Prior to the issuance of a Zoning Compliance Permit the applicant shall provide detailed stormwater plans and calculations to demonstrate the project will meet the stormwater management requirements of the Land Use Management Ordinance including 85 percent total suspended solids removal, the retention of the stormwater run-off volume for the two year storm, and control of the stormwater runoff rate for the 1-year, 2-year, and 25 year storms.
Reserved Storm Drainageway: All stormwater detention, treatment, and conveyance facilities shall be located within an easement entitled: “Reserved Storm Drainageway.” A storm drainageway shall be reserved from any stormwater management feature that would obstruct or constrict the effective conveyance and control of stormwater from or across the property, for all engineered stormwater structures above and below ground, and for all conveyance systems such as pipes, streams, or ditches if such systems convey, divert, or otherwise manage surface water flowing onto the property/site from off-site areas. The Reserved Storm Drainageway shall be defined on the appropriate final plan sheet(s) and recorded on the final plat. Maintenance access to the Reserved Storm Drainageway must be provided and shown on the plans.
Stormwater Operations and Maintenance Plan: Prior to issuance of a Zoning Compliance Permit, the applicant shall submit an Operations and Maintenance Plan for the private stormwater infrastructure for approval by the Town Stormwater Engineer. The plan shall be signed by the owner and be recorded with the Reserved Drainageway Easement documents at the Registrar of Deeds prior to a Certificate of Occupancy.
Erosion Control: A detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, shall be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. A performance guarantee shall be provided, if more than one acre of land is disturbed, in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.
Silt Control: The applicant shall take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
Open Burning: The open burning of trees, limbs, stumps, and construction debris associated with this development is prohibited.

Stipulations Related to Refuse and Recycling

Refuse Area Details: The applicant shall provide dimensioned details as well as appropriate signage and lighting for the refuse area. We recommend that prior to the issuance of a Zoning Compliance Permit, the Town Manager review and approved a refuse facility design.
Solid Waste Management Plan: That prior to the issuance of a Zoning Compliance Permit, the Town Manager will review and approve a Solid Waste Management Plan, including provisions for private waste and recycling collection, management and minimizing of construction debris, and demolition waste.
Private Collection: That prior to the issuance of a Zoning Compliance Permit the applicant shall provide a letter from a private service confirming that solid waste disposal and recycling service will be provided for the proposed development.

Stipulations Related to Utilities and Services

Utility/Lighting Plan Approval: The final utility/lighting plan shall be approved by Duke Energy Company, Orange Water and Sewer Authority, BellSouth or GTE, Public Service Company, Time Warner Cable, and other applicable utilities and the Town Manager prior to issuance of a Zoning Compliance Permit.
Protection of Existing Utility Lines: To avoid damage to underground utility lines beneath streets adjacent to the site, the applicant shall not place heavy equipment, construction trailers, and the like, on top of such lines, subject to Town Manager and utility provider approval prior to issuance of a Zoning Compliance Permit.
Placement or Relocation of Utility Lines Underground: The final plans shall indicate that all proposed utility lines, except three-phase electric lines, shall be placed underground. Electrical utility lines required to provide service to this proposed development, on the Church Street frontage of the site, shall be placed underground, subject to review and approval by Duke Energy and the Town Manager.
Recommendations for Future Utility Plans: That during final plan review Duke Energy consider and recommend, where practical, how the construction and design of this proposed development could accommodate the installation of underground utilities, at a time such relocation occurs.
Fire Flow: The applicant shall provide a fire flow report, prepared by a registered professional engineer in the State of North Carolina, showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.
Residential Fire Safety Requirements: The applicant shall provide fire and life safety protection plans and design details that meet the requirements of the North Carolina Department of Insurance, Office of the State Fire Marshall, the Building Code provisions for High Rise construction, and NFPA 101 Life Safety Code. The design is subject to approval by the Town Manager prior to issuance of a Building Permit.
Additional Fire Safety Requirements: The applicant shall provide the following fire safety plans and design details, subject to approval by the Town Manager prior to issuance of a Building Permit:
1. Provide a sprinkler system that meets the requirements of NFPA 13 and the North Carolina Fire Code. The Fire Department Connection shall be located on either the Church Street or West Franklin Street side of building, accessible for fire apparatus, and within 50 feet of a fire hydrant.
2. Provide a Standpipe System in accordance with NFPA 14 and the NC Fire Code. The maximum length to any point from any standpipe cabinet shall be no greater than 130 feet. Standpipes must be provided in stairwells at levels 1, parking 1, and parking 2.
3. Provide an alarm system that is fully addressable with remote enunciator panels in locations approved by the Fire Marshal.
4. Provide a Fire Command Center in an area easily accessible to firefighters that shall be approved by the Fire Marshal, on the Church Street side of the structure. The FCC shall provide a central monitoring site for all fire protection systems.
5. Provide areas of refuge, escape plans, and smoke removal requirements that shall meet NFPA 101, 88A, and the North Carolina Fire Code.

Miscellaneous Stipulations

Recordation of Recombination Plat: The applicant shall provide a recombination plat that combines the existing lots, subject to Town review and approval prior to recordation by the Orange County Register of Deeds, prior to issuance of a Building Permit.
Detailed Plans: The applicant shall provide final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.
Detailed Construction Plans: The applicant shall provide detailed construction plans, including street profiles and cross-sections, stormwater drainage, utilities, pavement design, and pavement marking, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
Construction Sign Required: The applicant shall post a construction sign that lists the property owner’s representative, with a telephone number, the contractor’s representative, with a phone number; and a telephone number for regulatory information prior to commencement of any land disturbing activities. The construction sign may have a maximum of 32 square feet of display area and may not exceed 8 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background. A detail of the proposed sign and site location shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
Construction Management Plan: A Construction Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The Construction Management Plan shall include: 1) how construction vehicle traffic will be managed, 2) identify parking areas for on-site construction workers including plans to prohibit parking in residential neighborhoods, 3) indicate construction staging and material storage areas, and 4) identify construction trailers and other associated temporary construction management structures.
Traffic and Pedestrian Control Plan: The applicant shall provide a Work Zone Traffic Control Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction. The plan must include a pedestrian management plan indicating how pedestrian movements will be safely maintained. The plan shall specify that, at least 5 working days prior to any proposed lane or street closure, the applicant shall apply to the Town Manager for a lane or street closure permit. The plan must be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
Temporary Off-Site Construction Easements: Prior to the issuance of a Zoning Compliance Permit, the applicant shall provide a recorded copy of any required off-site construction easements authorizing off-site construction work at grade or below grade. The easement must be reviewed and approved by the Town Manager, and if applicable by NCDOT, prior to recordation.
NCDOT Approvals: Plans for improvements in the North Carolina Department of Transportation (NCDOT) Right-of-Way shall be approved by NCDOT prior to issuance of a Zoning Compliance Permit for the subject phase of development.
As-built Plans: As-built plans in DXF binary format using State plane coordinates, shall be provided for street improvements and all other existing or proposed impervious surfaces prior to issuance of the Certificate of Occupancy.
Certificates of Occupancy: No Certificates of Occupancy shall be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.
Continued Validity: The continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
Non-severability: If any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit application for Downtown Economic Development Initiative – Parking Lot Five Development as proposed by the Ram Development Company.

This the____ day of ______________, 2007.