RESOLUTION A

A RESOLUTION ENDORSING TOWN MANAGER DETERMINATION OF A MINOR CHANGE TO THE VILCOM CAMPUS SPECIAL USE PERMIT MODIFICATION, SUBSTITUTING A PAYMENT-IN-LIEU OF GREENWAY FACILITIES FOR THE GREENWAY PROVISION STIPULATIONS (2007-06-27/R-20a)

WHEREAS on November 8, 1999, the Town Council approved a Special Use Permit Modification for the Vilcom Campus in Chapel Hill; and

WHEREAS, the approval included provisions for northern greenway facilities; and

WHEREAS, the applicant is unable to obtain approval from Duke Energy to construct the greenway trail with the Duke Energy utility easement; and

WHEREAS, the applicant, Bryan Properties, has requested permission to provide a payment-in-lieu of greenway facilities and the associated easement; and

WHEREAS, the Town Manager has determined that a $51,600 payment-in-lieu of greenway facilities would be reasonable and desirable and in accordance with Section 18.5 of the Development Ordinance in place at the time of the Special Use Permit Modification approval;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council concurs with the Town Manager opinion that the proposed change to provide a $51,600 payment-in-lieu of greenway facilities and the associated easement is a minor change to the Special Use Permit Modification.

This the 27^th day of June, 2007.