AGENDA #1

MEMORANDUM

TO: Mayor and Town Council

From: W. Calvin Horton, Town Manager

Subject: Public Hearing: Wilson Assemblage - Application for Special Use Permit (Planned Development – Mixed Use) (File No. 7.27.B.3)

DATE: November 15, 2004

INTRODUCTION

We have received a request for approval of a Special Use Permit (Planned Development – Mixed Use) for a 20.81-acre mixed-use development that is proposed to be located generally northeast of the intersection of US 15-501 and Erwin Road. The applicant is proposing to construct 149 dwelling units and 50,000 square feet of office/retail space, with a total of 402 parking spaces. A new access point is proposed from Dobbins Drive, as well as a new connection to Sage Road. The site is located in the Residential-4, 10 unit/acre (R-4) zoning district. The site is located in Orange County and is identified as Chapel Hill Township Tax Map 27A, Block A, Lot 1, and Tax Map 27, Block B, Lots 3A, 5, 6, 7, 8, 9, 10, 11.

Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of the application, and further to receive evidence which the Council may consider as the Council determines any appropriate requirements to include as conditions of approval.

This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:

¨ Cover Memorandum: Introduces application, describes process for review, summarizes staff and advisory board comments, and offers recommendations for Council action.

¨ Staff Report: Offers a detailed description of the site and proposed development, and presents an evaluation of the application regarding its compliance with the standards and regulations of the Land Use Management Ordinance.

¨ Attachments: Includes a checklist of requirements for this development, resolutions of approval and denial, advisory board comments, and the applicant’s materials.

PROCESS

The Land Use Management Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Town standards; we have presented a report to the Planning Board; and tonight we submit our report and preliminary recommendation to the Council.

The standard for review and approval of a Special Use Permit application involves consideration of four findings (description of the findings follows below). Evidence will be presented tonight. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Land Use Management Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.

BACKGROUND

Concept Plan reviews of this application were conducted by the Community Design Commission on February 19 and June 18, 2003, and by the Town Council on March 17, 2003. A previous project, known as Jefferson Commons, had a Concept Plan review on May 8, 2001, but the associated application was subsequently withdrawn.

DESCRIPTION OF THE APPLICATION

The applicant is proposing to construct 149 dwelling units and 50,000 square feet of office/retail space, with a total of 402 parking spaces. The dwelling units are proposed as a mix of one-, two- and three-bedroom attached dwelling units, with a club house and pool area. The proposed business space is office with retail. Of the 50,000 square feet office and retail space, the retail component would be limited to no more than 18,750 square feet, and the following uses: Bank; Barber Shop/Beauty Salon; Business, Convenience; Business, General; and Clinic (Medical). The applicant proposes 31,250 square feet of office-type uses. A new access point is proposed from Dobbins Drive, as well as a new connection to Sage Road.

Proposed on-site improvements for pedestrian travel include sidewalks throughout the site with numerous crosswalks/speed tables. A sidewalk is proposed to connect the western portion of the development to Erwin Road, although no sidewalk is proposed along the Erwin Road frontage of the site. A proposed 8-foot wide greenway path is proposed to connect McGregor Drive to the new street running north-south through the development. A sidewalk is also proposed along the existing 50-foot right-of-way connecting the main portion of the development to the parcel on Sage Road. The sidewalk is proposed to continue south on Sage Road, connecting to an existing sidewalk on Sage Road.

Three stormwater ponds and two underground stormwater storage facilities are proposed for the site. Six on-site refuse/recycling facilities are proposed throughout the site, as well as a trash compactor near the center of the site.

EVALUATION OF THE APPLICATION

We have evaluated the application regarding its compliance with the standards and regulations of the Town’s Land Use Management Ordinance. Based on our evaluation, our preliminary recommendation is that the application as submitted, complies with the regulations and standards of the Land Use Management Ordinance and Design Manual with the conditions and modifications of regulations included in Resolution A.

Tonight the Council receives our attached evaluation, and also receives information submitted by the applicant and citizens. The applicant’s materials are included as attachments to this memorandum. All information that is submitted at the hearing will be placed into the record.

Based on the evidence that is submitted, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit.

The four findings are:

Special Use Permit – Required Findings of Fact

Finding #1: That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

Finding #2: That the use or development would comply with all required regulations and standards of the Land Use Management Ordinance;

Finding #3: That the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity; and

Finding #4: That the use or development conforms with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.

Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application.

KEY ISSUES

We have identified four key issues associated with this development, discussed below.

Affordable Housing: In early discussions with the applicant, we advised the applicant of the Comprehensive Plan goal encouraging provision of affordable housing with residential development. Specifically, the Comprehensive Plan states:

“As a general policy, the Town should encourage developers of residential developments of five or more units to 1) provide 15 percent of their units at prices affordable to low and moderate income households, 2) contribute in-lieu fees, or 3) propose alternative methods so that the equivalent of 15 percent of the units will be available and affordable to low and moderate income households.” (page 53)

The applicant is not proposing to provide affordable housing with this application. The applicant did propose to include affordable housing at the time of the Concept Plan review by the Town Council, on March 17, 2003 (see Attachment 8). At that time, the proposal included a rezoning request, in addition to the Special Use Permit request. Subsequent to the Council’s Concept Plan review, however, the applicant dropped the rezoning request and revised the proposal.

The Council has approved a number of Special Use Permit applications with affordable housing components that did not include rezoning requests. For example, the developers of the Marriott Residence Inn offered to restrict one of the four dwellings units (approved in addition to the 108 lodging units) for either ownership or rental to families with incomes equal to 80 percent or less of the area median income. A list of developments with affordable housing components is included as Attachment 12.

The applicant notes that while no affordable housing is proposed with this development, other goals and objectives of the Comprehensive Plan are being met. The applicant notes that the proposed development meets the Comprehensive Plan goals of “maintaining housing diversity in the face of a predominantly high-end, high-cost housing market” by offering unit types that will provide housing opportunities for less than the average cost of a home in the Chapel Hill market.

Comment: We encourage this applicant, as we do all applicants, to provide an affordable housing component to the development. Absent the presentation of any evidence to the contrary, at this point it would seem that the proposed development meets the regulations of the Land Use Management Ordinance and may not achieve a general policy embodied in the Comprehensive Plan.

Sage Road Intersection Alternatives: The October 2004 Traffic Impact Analysis addendum summarizes the findings of the analyses of three alternatives for access from the development to Sage Road that were not covered in the December 2003 Traffic Impact Analysis. The summaries of the Traffic Impact Analyses are included as Attachment 13. The three access alternatives that were studied are:

· Align With Lowe’s Driveway: This alternative, referred to as Alternative 1 in the Traffic Impact Analysis, considers realigning the proposed Site Driveway with the existing Lowe’s Driveway on the east side of Sage Road, and signalizing that intersection. Please see the map presented in Attachment 6.

· Sage Road Median: This alternative, referred to as Alternative 3 in the Traffic Impact Analysis, considers restricting turning movements at the Sage Road intersection to right-in and right-out by constructing a median in Sage Road. Please see the map presented in Attachment 6.

· Move Lowe’s Driveway: This alternative, referred to as Alternative 2 in the Traffic Impact Analysis, considers realigning the existing Lowe’s Driveway to the north to intersect with the proposed location of the Site Driveway on Sage Road. Please see the map presented in Attachment 6. We do not recommend consideration of this alternative because we do not have information that the Lowe’s property owners would be willing to relocate the Lowe’s driveway, and there are also a number of physical site constraints that would make this alternative difficult.

The two access alternatives were evaluated to determine which alternative would have the least impact on the surrounding transportation system. The following table summarizes the findings and recommendations of the Traffic Impact Analyses, as well as our recommendations and comments.

Intersection Alternative	Impacts	Town Consultant’s Recommendation	Manager’s Recommendation
Align With Lowe’s Driveway (Signalized)	· Close signal spacing (450 ft. to US 15-501/Sage Rd. signal) · Potential queuing problems on Sage Rd. · Reduces traffic congestion · Promotes safe turning movements · Reduces potential for certain types of accidents · Requires signal re-timing · Impacts development of Sage Road lot	Not recommended	Recommended
Sage Road Median	· Restricts left turns · Would shift traffic to Erwin Rd. /Dobbins Dr.; results in failed Level of Service · Requires signal at Erwin Rd. /Dobbins Dr. · Requires dedicated left turn lane on Dobbins Drive · Potentially dangerous U-turn movements · Would allow proposed layout of Sage Road lot	Recommended	Not Recommended

Intersection Alternative

Impacts

Town Consultant’s Recommendation

Manager’s Recommendation

Align With Lowe’s Driveway (Signalized)

· Close signal spacing (450 ft. to US 15-501/Sage Rd. signal)

· Potential queuing problems on Sage Rd.

· Reduces traffic congestion

· Promotes safe turning movements

· Reduces potential for certain types of accidents

· Requires signal re-timing

· Impacts development of Sage Road lot

Not recommended

Recommended

Sage Road Median

· Restricts left turns

· Would shift traffic to Erwin Rd. /Dobbins Dr.; results in failed Level of Service

· Requires signal at Erwin Rd. /Dobbins Dr.

· Requires dedicated left turn lane on Dobbins Drive

· Potentially dangerous U-turn movements

· Would allow proposed layout of Sage Road lot

Recommended

Not Recommended

Lowe’s Driveway Signal: The Traffic Impact Analysis concludes that a traffic signal is warranted at the Lowe’s Driveway under existing conditions. In 1998, a payment-in-lieu of $50,000 was collected from the Lowe’s developer for a traffic signal at the entrance to Lowe’s and Sage Road.

Comment: We recommend that the proposed Wilson Assemblage site entrance on Sage Road be aligned with the existing Lowe’s entrance and signalized to provide an acceptable level of service and safe turning movements at this intersection. This alternative will minimize negative traffic impacts at the Erwin Road/Dobbins Drive intersection. We have included stipulations to this effect in Resolution A.

If the Council approves the Sage Road Median alternative, we recommend inclusion of the following alternative conditions of approval in Resolution A:

· Prior to the issuance of a Certificate of Occupancy, the applicant shall install a median on Sage Road such that the left turns to and from the site are prohibited. The design and construction of the median, signage, pavement markings, and any necessary street widening shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

· Prior to the issuance of a Certificate of Occupancy, construct an exclusive left turn lane westbound on Dobbins Drive into the site. The design and construction details shall be reviewed and approved by the Town Manager and the North Carolina Department of Transportation, prior to issuance of a Zoning Compliance Permit.

· Prior to the issuance of a Certificate of Occupancy, Dobbins Drive on the east side of the Erwin Road/Dobbins Drive intersection shall be improved with the construction of one shared lane for left turns and through traffic and one exclusive right turn lane. The design and construction details shall be reviewed and approved by the Town Manager and the North Carolina Department of Transportation, prior to issuance of a Zoning Compliance Permit.

· Prior to the issuance of a Zoning Compliance Permit, the applicant shall provide a payment in-lieu to the Town for a traffic signal at the intersection of Erwin Road and Dobbins Drive. The payment-in-lieu will be based on the percentage of the proposed development traffic at the intersection. The payment-in-lieu will be returned to the applicant five years after complete build-out of the Wilson Assemblage site if a traffic signal is not installed, upon request by the developer.

· The applicant shall close the proposed access between the Howell property and the office building ‘B’ site.

McGregor Drive Connection: The applicant has proposed an 8-foot greenway path connecting McGregor Drive to the new street. We recommend a vehicular connection to McGregor Drive in order to provide an additional point of access to the development. McGregor Drive is now terminated with a temporary T-turnaround. At the time McGregor Drive was constructed, it was intended to provide a future street connection to the abutting (Wilson Assemblage) property.

The Town’s Design Guidelines require at least two points of access for developments such as Erwin Village. Multiple accesses provides efficient circulation patterns for residents and both routine and emergency service vehicles. A street connection to McGregor Drive is typical of standard Town requirements for similar situations, would meet Town design objectives, and would provide optimum access and circulation patterns in the vicinity of and through this development. We have included a stipulation requiring vehicular connection to McGregor Drive in Resolution A.

If the Council chooses not to require a vehicular connection to McGregor Drive, we recommend the following alternative language to require an emergency vehicle and pedestrian connection:

McGregor Drive Bollards: That in lieu of a full access public street, the final plan and plat include a 12-foot paved emergency vehicle driveway with bollards, also capable of bicycle and pedestrian access, between McGregor Drive and the new public street in the Wilson Assemblage development.

Highway US 15-501 Viewshed Preservation: The “Master Landscape Plan: Entranceways Corridors” (adopted March 1988), a component of the Comprehensive Plan, encourages preservation of the viewshed along the US 15-501 corridor. Viewshed preservation was also an issue discussed by the Town Council at this project’s Concept Plan review before the Council (see Attachment 8).

The applicant has noted that the US 15-501 corridor viewshed in the vicinity of the project area will be significantly altered by construction of the NCDOT Superstreet project. In response to Council Member comments about preserving the existing white house that is a prominent feature along the viewshed corridor, the applicant has offered ownership of the white house to the Town to preserve on site.

Comment: We appreciate the applicant’s offer. At this time, we do not have sufficient information about the house to recommend acceptance of this offer. We will work with the applicant to inspect the house, determine its condition, and consider potential uses if the Town should acquire the house.

SUMMARY

We have attached a resolution that includes standard conditions of approval as well as special conditions that we recommend for this application. With these conditions, our preliminary recommendation is that the Council could make the four findings necessary in order to approve the application. The Manager’s recommendation incorporates input from all Town departments involved in review of the application.

SUBSEQUENT REGULATORY STEPS

Following is a brief outline describing the next steps in the development review process, should the Council approve the Special Use Permit application for this site:

1. Applicant accepts and records a Special Use Permit, which incorporates the terms of the Council-adopted resolution.

2. Applicant submits detailed Final Plans and documentation, complying with Council stipulations. Information is reviewed by Town departments and the following agencies:

Orange Water and Sewer Authority,
Duke Power Company,
Public Service Company,
Time Warner, and
BellSouth.

3. Community Design Commission reviews and approves building elevations and site lighting.

4. Upon demonstration of compliance with remaining Council stipulations, Town staff issues a Zoning Compliance Permit authorizing site work. Permit includes conditions specific to the development and requires pre-construction conferences with Town staff.

5. Inspections Department issues Building Permits and Certificates of Occupancy.

RECOMMENDATIONS

Recommendations are summarized below. Please see summaries of board actions and recommendations in the attachments.

Planning Board Recommendation: On November 9, 2004, the Planning Board voted 5-4 to recommend that the Council approve this application with the adoption of Resolution A with conditions. We will provide the Council with a summary of the Planning Board’s recommendations when it is available.

Bicycle and Pedestrian Advisory Board Recommendation: On October 26, 2004, the Bicycle and Pedestrian Advisory Board voted 7-0 to recommend that the Council approve this application with the adoption of Resolution B. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.

The Bicycle and Pedestrian Advisory Board recommended removal of Stipulation 10 requiring realignment of the Site Driveway and signalization of the intersection of the Site Driveway and Sage Road. Instead, the Board recommended approval of the Sage Road Median alternative, supported by the applicant, which would require a median on Sage Road and restricted left turn movements, except that the Board recommended that bicycle left turns to and from the site not be restricted. As noted in the Key Issues section of this memorandum, we recommend that if the Sage Road Median alternative is approved by the Council that five stipulations be inserted to replace Stipulation 10. Resolution B includes the those five stipulations, as well as the following additional stipulation for a crosswalk across Sage Road:

That a crosswalk shall be installed across Sage Road connecting the site driveway to the Lowe’s driveway entrance. The design and construction details shall be reviewed and approved by the Town Manager and the North Carolina Department of Transportation, prior to issuance of a Zoning Compliance Permit.

Community Design Commission Recommendation: The Community Design Commission is scheduled to review this application on November 17, 2004. We will provide the Council with a summary of the Commission’s recommendations when it is available.

Parks and Recreation Commission Recommendation: The Parks and Recreation Commission is scheduled to review this application on November 17, 2004. We will provide the Council with a summary of the Commission’s recommendations when it is available.

Transportation Board Recommendation Recommendation: The Transportation Board is scheduled to review this application on November 16, 2004. We will provide the Council with a summary of the Board’s recommendations when it is available.

Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary conclusion is that, with the stipulation in Resolution A, the application complies with the standards and regulations of the Land Use Management Ordinance.

Following tonight’s Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application. If the Council makes the required findings for approval of a Special Use Permit, we recommend that the application be approved with the adoption of Resolution A.

Resolution C would deny the application.

Wilson Assemblage - Special Use Permit

Differences Between Resolutions

ISSUES	Resolution A (Approval) Town Manager’s Preliminary Recommendation	Resolution B (Approval) Bicycle & Pedestrian Advisory Board Recommendation
Realignment of Site Driveway to intersect with existing Lowe’s driveway	Yes	No
Traffic signal required at Sage Road intersection	Yes	No
Vehicular turning movements restricted to right-in/right-out at Sage Road intersection with median Sage Road median designed to allow bicycle left turn movements Crosswalk required across Sage Road to Lowe’s entrance	No	Yes
Dedicated left turn lane on Dobbins Dr.	No	Yes
Payment-in-lieu for traffic signal at Erwin Rd./ Dobbins Dr.	No	Yes
Close access to Howell Property on Sage Road	No	Yes

ATTACHMENTS

1. Planning Staff Report (p. 12).

2. Project Fact Sheet Requirements (p. 25).

3. Resolution A (Manager’s Preliminary Recommendation Approving the Application) (p. 27).

4. Resolution B (Bicycle and Pedestrian Advisory Board Approving the Application) (p. 35).

5. Resolution C (Denying the Application) (p. 37).

6. Maps of Sage Road Access Alternatives (p. 38).

7. Community Design Commission Concept Plan Summary (p. 41).

8. Meeting Minutes, Town Council Concept Plan Review (p. 43).

9. Bicycle and Pedestrian Advisory Board Summary of Action (p. 52).

10. Statement of Justification (p. 53).

11. Project Fact Sheet (p. 59).

12. Affordable Housing Handout (p. 61).

13. Traffic Impact Analysis Summary (p. 65).

14. Area Map (p. 101).

15. Reduced Plans (p. 102).

16. Correspondence (p. 108).

ATTACHMENT 1

STAFF REPORT

Subject: Public Hearing: Wilson Assemblage - Application for Special Use Permit (Planned Development – Mixed Use) (File No. 7.27.B.3)

DATE: November 15, 2004

INTRODUCTION

We have received a request for a Special Use Permit (PD-MU) for approval of a 20.81-acre mixed-use development. The proposed development is generally located northeast of the intersection of US 15-501 and Erwin Road. The applicant is proposing to construct 149 dwelling units and 50,000 square feet of office space, with a total of 402 parking spaces. A new access point is proposed from Dobbins Drive, as well as a new connection to Sage Road. The site is located in the Residential-4, 10 unit/acre (R-4) zoning district. The site is located in Orange County and is identified as Chapel Hill Township Tax Map 27A, Block A, Lot 1, and Tax Map 27, Block B, Lots 3A, 5, 6, 7, 8, 9, 10, 11.

EVALUATION

The Town staff has reviewed this application for compliance with the standards of the Land Use Management Ordinance and the Design Manual and offer the following evaluation.

Existing Conditions

Location: The Wilson Assemblage site is a group of nine parcels with a combined land area of 20.81 acres, located northeast of the intersection of US 15-501 and Erwin Road. The western-most property line abuts Erwin Road and is currently comprised of three parcels, two of which have single-family dwellings. The Erwin Village and McGregor Place developments are northwest of the project site, and a Duke Power Company substation is to the southwest. The southern portion of the project site is bounded by Dobbins Road and US 15-501. There are currently four single-family dwellings on the project site that front on Dobbins Road. The project site is bounded on the east by Dobbins Hill Apartments, and on the north by Walden at Greenfields Apartments. The proposed development includes a parcel that fronts on Sage Road, to be connected by an existing 50-foot public right-of-way on the northern portion of the Dobbins Hill Apartments site. The parcel that abuts Sage Road is occupied by a single-family home and is adjacent to an existing office building on the south and the Walden at Greenfields Apartments to the north.

Existing Structures: The site includes seven existing single-family dwellings and a number of assorted barns and storage buildings.

Vehicular Access: Existing vehicular access to the project site is from the various driveways leading to single-family dwellings located along Erwin Road, Dobbins Drive, and Sage Road. McGregor Drive stubs out to the northwestern portion of the site. An unimproved 50-foot public right-of-way that is part of the Dobbins Hill Apartments site would connect the main portion of the Wilson Assemblage development to the parcel that fronts on Sage Road.

Parking: The existing parking on-site is that associated with the existing single-family dwellings.

Pedestrian Circulation: There are no existing public sidewalks on the project site.

Bus Stops, Routes: This area is served by the D Route and CL Route buses. There are two bus stops near the project site, one at Walden at Greenfields Apartments and another at Summerfield Crossing, across Erwin Road.

Topography, Drainage, Vegetative Cover: This site is has average slopes of less than 10 percent. The highest elevation (344 feet) is along the eastern property line. The lowest point on the site (300 feet) is in the western portion of the site. Generally, the slopes become more steep closer to Dobbins Drive/US 15-501.

Stormwater runoff occurs as sheet flow across the site. The site does not include any man-made stormwater basins or detention facilities. The site does not lie within the Federal Emergency Management Agency (FEMA) 100-year floodplain, and is not located in the Watershed Protection District.

The site is primarily open field with patches of trees. There are several houses and out buildings on the site surrounded by lawns, mature landscaping, and stands of pine trees and several mature trees. The site includes a number of specimen trees, including a number of large willow oaks and white oaks, identified on Sheet 7 of the project plans.

Development Description

The applicant is proposing to construct 149 dwelling units and 50,000 square feet of office space, with a total of 402 parking spaces. The dwelling units are proposed as a mix of one-, two-, and three-bedroom attached dwelling units, with a club house and pool area. The proposed office space is office with limited retail. Of the 50,000 square feet office and limited retail space, the retail component would be limited to no more than 18,750 square feet, and would be limited to the following uses: Bank; Barber Shop/Beauty Salon; Business, Convenience; Business, General; and Clinic (Medical). The applicant proposes 31,250 square feet of office-type uses. A new access point is proposed from Dobbins Drive, as well as a new connection to Sage Road.

Three stormwater ponds and two underground stormwater storage facilities are proposed for the site.

Six on-site refuse/recycling facilities are proposed throughout the site, as well as a trash compactor near the center of the site.

Ordinance Requirements and Comprehensive Plan Policies

Zoning: This property is zoned Residential-4 (Medium Density Residential, 10 units/acre) (R-4). All of the property directly adjacent to the project is also zoned R-4. Some of the permitted uses in the R-4 zoning district include adult and child day care, single-family, duplex and multi-family residential, places of worship, public use facilities, non-profit recreational facilities, and schools.

Planned Development: As part of the request for a Special Use Permit, the applicant is requesting establishment of a Planned Development-Mixed Use (PD-MU). According to Section 6.18 of the Land Use Management Ordinance, Planned Developments should be designed with a number of factors in mind, including:

Proximity to major transportation facilities;
Access to public utilities;
Appropriateness for the physical character of the site;
Energy conservation;
Should mutually support residential, commercial and office uses that are scaled, balanced, and located to reduce general traffic congestion and the need for private automobiles;
Where such developments adjoin residential neighborhoods, it is intended that arrangement of buildings, uses, open space, and vehicular access be such as to provide appropriate transition and reduce potential adverse effects; and
Uses shall be arranged horizontally or vertically to protect the residential uses, maximize pedestrian and bicycle convenience and place office uses convenient to public transit.

We believe that the proposed development generally meets these standards, except that we do not have sufficient information to know if the development will be designed to promote energy conservation or will be properly arranged horizontally or vertically. Section 6.18.1(e) of the Land Use Management Ordinance notes that applicants of Planned Developments are encouraged to consider the use of solar roofs, state energy guidelines, and the measures prescribed in Section 5-125 of the Town Code of Ordinances.

Dimensional Standards: The proposed project meets the dimensional standards outlined in the Dimensional Matrix (Table 3.8-1) of the Land Use Management Ordinance for the Residential-4 zoning district, including setback, height, floor area and impervious surface limitations.

Land Use Plan: The Comprehensive Plan, adopted by the Council on May 8, 2000, identifies the main portion of this site as Mixed-Use, Office/Commercial Emphasis. The western portion of the site that borders Erwin Road is identified as Medium Residential (4-8 units/acre). The density of the proposed development is 7.2 units/acre.

Comprehensive Plan – Affordable Housing: In early discussions with the applicant, we advised the applicant of the goals of the Comprehensive Plan encouraging provision of affordable housing with residential development. Specifically, the Comprehensive Plan states:

The applicant responded that while no affordable housing is proposed with this development, other goals and objectives of the Comprehensive Plan are being met. The applicant noted that the proposed development meets the Comprehensive Plan goals of “maintaining housing diversity in the face of a predominantly high-end, high-cost housing market” by offering unit types that will provide housing opportunities for less than the average cost of a home in the Chapel Hill market.

We encouraged this applicant, as we do all applicants, to provide an affordable housing component to the development. For further discussion of this issue, please refer to the Memorandum from the Town Manager.

Viewshed Preservation: The “Master Landscape Plan: Entranceways Corridors” (adopted March 1988), a component of the Comprehensive Plan, encourages preservation of the viewshed along the US 15-501 corridor. Viewshed preservation was also an issue discussed by the Town Council at this project’s Concept Plan review before the Council (see Attachment 8).

We appreciate the applicant’s offer. At this time, we do not have sufficient information about the house to recommend acceptance of this offer. We will work with the applicant to inspect the house and property to develop potential alternative uses if the Town should acquire the house.

Transportation Issues

Vehicular Access: The applicant proposes two new points of access to the project site, one from Dobbins Drive and another from Sage Road. The access from Sage Road would connect to the main portion of the development through an existing 50-foot public right-of-way along the northern property line of the Dobbins Hill Apartments property.

We recommend that the proposed new street that runs east-west connecting to Sage Road and north-south connecting to Dobbins Drive be a public street. We have included a stipulation in Resolution A to this effect. We concur with the applicant’s proposal for speed tables or other traffic calming devices to reduce speeds on this new street.

McGregor Drive Connection: The applicant has proposed an 8-foot greenway path connecting McGregor Drive to the new street. We recommend a vehicular connection to McGregor Drive in order to provide an additional point of access to the development. McGregor Drive now terminates with a temporary T-turnaround. We believe that at the time McGregor Drive was constructed, it was intended to provide a future street connection to the abutting (Wilson Assemblage) property.

The Town’s Design Guidelines require at least two points of access for developments such as Erwin Village. Dual access provides efficient circulation patterns for residents and both routine and emergency service vehicles. A street connection to McGregor Drive is typical of standard Town requirements for similar situations, would meet Town design objectives, and would provide optimum access and circulation patterns in the vicinity of and through this development. We have included a stipulation requiring vehicular connection to McGregor Drive in Resolution A.

If the Council chooses not to require a vehicular connection to McGregor Drive, we recommend the following alternative language to require an emergency vehicle and pedestrian connection:

Erwin Road Improvements: We recommend that half of a 37 foot cross-section with 12 foot wide lanes, curb and gutter, bike lanes, a five foot wide concrete sidewalk, and a three foot wide utility strip, be constructed along the Erwin Road frontage. We recommend that public right-of-way be dedicated to ensure that the right-of-way will be a minimum of one foot behind the back of the sidewalk or half of a 60 foot wide right-of-way, whichever is greater. We have included a stipulation in Resolution A to this effect.

Although no direct vehicular connection is proposed by the applicant at the Erwin Road frontage (please see McGregor Drive Connection discussion above), a pedestrian connection to Erwin Road is proposed. We believe road improvements along this edge of the development are desirable. Pedestrian circulation will be promoted with these improvements as the applicant’s proposed sidewalk to Erwin Road would then connect north toward McGregor Drive.

Signal Timing: The proposed Wilson Assemblage site will generate approximately 2,664 trips per day and 294 trips in the PM peak hour. It is expected that the majority of the traffic to and from the site would use traffic signals at US 15-501/Sage Rd and US 15-501/Erwin Rd. Projected turning movements generated by the proposed development at these intersections in the peak hours would require that Town staff revise the existing traffic signal timings. We note that traffic signals on US 15-501 between Erwin Road and Mt. Moriah Road are synchronized in one progression zone, and any changes to the signal timing to one intersection would require changes at other intersections in the progression zone. It is standard procedure for the Town to hire a consultant to prepare such timing plan revisions using funds collected from developers. The consultant typically charges $800 to $900 per intersection for retiming work.

We recommend that prior to issuance of a Zoning Compliance Permit, a payment of $9,000 be provided for revised traffic signal timings at the affected signalized intersections along US 15-501 and for the Erwin Road/Weaver Dairy Road signalized intersection. We have included a stipulation to this effect in Resolution A.

Parking: Minimum parking requirements for residential development are based on the number of bedrooms per dwelling. Dwellings with one or two bedrooms are required to have 1.5 parking spaces, and dwellings with 3 or more bedrooms are required to have 2 spaces. For office-type uses, one space is required for every 350 square feet of floor area, and for commercial uses one space is required for every 250 square feet of floor area. The applicant proposes 31,250 square feet of office-type business use and 18,750 square feet of general or convenience business or clinic uses. In total, 402 parking spaces are required, and the applicant is proposing to provide 402 spaces.

We recommend that all parking lots, drive aisles and parking spaces associated with the proposed development be constructed to Town standards.

Pedestrian Circulation: Proposed on-site improvements for pedestrian travel include sidewalks throughout the site with numerous crosswalks/speed tables. A sidewalk is proposed to connect the western portion of the development to Erwin Road, and the applicant has recently proposed constructing a sidewalk in the public right-of-way along the Erwin Road frontage of the site. A sidewalk is also proposed along the existing 50-foot right-of-way connecting the main portion of the development to the parcel on Sage Road. The sidewalk is proposed to continue south along Sage Road, connecting to an existing sidewalk on Sage Road, and north connecting to the sidewalk in front of Walden at Greenfields Apartments. An 8-foot wide greenway path is proposed to connect McGregor Drive to the new street running north-south through the development, although we recommend a full vehicular connection to McGregor Drive with standard a standard sidewalk (please see McGregor Drive Connection discussion above).

Bicycle Parking: The applicant proposes to provide a total of 200 bicycle parking spaces throughout the development. Section 5.9.7 of the Land Use Management Ordinance requires a total of 189 bicycle parking spaces. We have included a stipulation requiring a minimum of 189 bicycle parking spaces in Resolution A.

Bus Stop, Routes: A future bus route may run through the site, connecting Sage Road and Dobbins Drive. In such case, it would be necessary to have a bus stop provided at a location internal to the site. We recommend that the developer provide a bus stop at an internal location, subject to approval of the Town Manager.

Traffic Impact Analysis: In December 2003, a Traffic Impact Analysis was prepared by the Town Consultant in accordance with the Town’s guidelines. The purpose of this study is to determine the impact to the surrounding transportation system caused by the additional traffic generated by the proposed Wilson Assemblage, which is anticipated to be fully built out by the year 2007. Traffic volumes from proposed developments in the vicinity were included in the analysis of future conditions. Future traffic conditions were calculated by applying an annual growth of 5 percent. Traffic conditions were examined one year after the anticipated build-out date (2008). An amended Traffic Impact Analysis was prepared in October 2004 by the same Town Consultant to analyze additional access alternatives at the proposed Sage Road intersection.

Summary reports of the December 2003 and October 2004 Traffic Impact Analyses are provided in Attachment 13. The Consultant’s findings, recommendations and staff comments are provided below. Based on this information, we recommend that the new site driveway be aligned with the Lowe’s Drive intersection on the east side of Sage Road, and that this intersection be signalized.

Sage Road Intersection

The October 2004 Traffic Impact Analysis addendum summarizes the findings of the analyses of three alternatives for access from the development to Sage Road that were not covered in the December 2003 Traffic Impact Analysis. The three access alternatives that were studied are:

The two access alternatives were evaluated to determine which alternative would have the least impact on the surrounding transportation system. The Traffic Impact Analysis recommendations and our comments are summarized below.

Align With Lowe’s Driveway Alternative

Traffic Impact Analysis Findings/Recommendations: Due to the close signal spacing and potential for queuing problems on Sage Road, the Align With Lowe’s Driveway alternative is not recommended by the Town consultant.

Comment: The Consultant found that a traffic signal is warranted at the intersection of the Lowe’s driveway and Sage Road. Below are the Consultant’s Level of Service (LOS) findings for the intersection of the existing Lowe’s driveway and Sage Road:

Condition	Intersection Level of Service
2003 Existing Conditions	* D (p.m.)
2008 No-Build Conditions	* F (p.m.)
2008 Build Conditions without Signal	* F (p.m.)
2008 Build Conditions with Signal	B

We believe that aligning the proposed Wilson Assemblage entrance on Sage Road with the existing Lowe’s driveway with a traffic signal would be the best solution to eliminate the traffic congestion and reduce certain types of accidents. However, we acknowledge that the spacing between the Lowe’s driveway and US 15-501 is not optimum at approximately 450 feet, and that signals must be designed and coordinated to eliminate vehicle queuing. We recommend that the applicant’s Sage Road entrance be redesigned to align with the Lowe’s entrance.

Sage Road Median Alternative

Traffic Impact Analysis Findings/Recommendations: The Sage Road Median alternative would restrict turning movements at the Sage Road intersection to right-in and right-out by constructing a median in Sage Road. This alternative is recommended by the Town Consultant for the Sage Road intersection.

Comment: We acknowledge that the right-in/right-out arrangement of the site entrance with a median on Sage Road could work, but the Town Consultant’s study indicated that the prohibition of left turns to and from the site on Sage Road would shift the site traffic problems to Erwin Road via Dobbins Drive. We believe that under the Sage Road Median alternative, the unsignalized intersection of Erwin Road and Dobbins Drive for build-out conditions becomes congested and possibly unsafe due to the heavy left turning traffic from Dobbins Drive to Erwin Road. Below are the Consultant’s Level of Service (LOS) findings for the intersection of Dobbins Drive and Erwin Road:

Condition	Intersection Level of Service
2003 Existing Conditions (eastern/western legs)	* E/D (east/west)
2008 No-Build Conditions	* F (p.m.)
2008 Build Conditions without Signal	* F (p.m.)

We believe that a traffic signal may be warranted at this intersection within five years after full development of the proposed site. If the Council approves the Sage Road Median alternative, we recommend the following alternative conditions of approval:

· Prior to the issuance of a Certificate of Occupancy, construct an exclusive left turn lane on Dobbins Drive into the site. The design and construction details shall be reviewed and approved by the Town Manager and the North Carolina Department of Transportation, prior to issuance of a Zoning Compliance Permit.

· Prior to the issuance of a Certificate of Occupancy, Dobbins Drive on the east side of the Erwin Road/Dobbins Drive intersection shall be improved with the construction of one shared left-through lane and one exclusive right turn lane. The design and construction details shall be reviewed and approved by the Town Manager and the North Carolina Department of Transportation, prior to issuance of a Zoning Compliance Permit.

· The applicant shall close the proposed access between the Howell property and the office building ‘B’ site.

Recommendation: We recommend that the proposed Wilson Assemblage site entrance on Sage Road be aligned with the existing Lowe’s entrance and signalized to provide an acceptable level of service and safe turning movements at this intersection. This alternative will minimize negative traffic impacts at the Erwin Road/Dobbins Drive intersection. We have included stipulations to this effect in Resolution A.

Landscaping and Architectural Issues

Buffers and Landscaping: The table below outlines the minimum landscape buffers requirements for the site and the buffers proposed by the applicant.

Landscape Buffers
Location	Ordinance Requirement	Applicant’s Proposal
Erwin Road frontage	Min. 30 ’ Type ‘D’ Buffer (20’ Type ‘C’ Buffer where no parking between building and street)	15’ Type ‘B’ Buffer
Dobbins Drive frontage	Min. 30 ’ Type ‘D’ Buffer (20’ Type ‘C’ Buffer where no parking between building and street)	Min 30’ Type ‘D’ Buffer; 15’ Type ‘B’ Buffer where no parking between building and street
Sage Road frontage	Min. 30 ’ Type ‘D’ Buffer (20’ Type ‘C’ Buffer where no parking between building and street)	Min 15’ Type B Buffer

In some locations the applicant has proposed a 15’ Type ‘B’ Buffer where a 20’ Type ‘C’ Buffer is required. We recommend that the site plan and landscape plan be revised to provide buffers that meet the requirements of the Land Use Management Ordinance and the Town’s Design Manual. We have included a stipulation stating the ordinance requirements in Resolution A.

We recommend that a detailed landscape protection plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan must include a detail of protective fencing and construction parking and materials staging/storage areas. This plan must also indicate which labeled trees are proposed to be removed and where tree protection fencing will be installed.

We recommend that detailed landscape plans (including buffers), landscape maintenance plans, and parking lot shading requirements be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The landscape plan must indicate the size, type, and location of all proposed plantings.

We also recommend that all parking areas be screened from view in accordance with the provisions of Article 5.6 of the Land Use Management Ordinance. The screening plans must be approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.

Building Elevations: We recommend that detailed building elevations and a lighting plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.

ENVIRONMENTAL ISSUES

Watershed Protection District: The site is not located inside the Watershed Protection District.

Floodplain: The site does not lie within the Federal Emergency Management Agency (FEMA) 100-year floodplain.

Resource Conservation District: The Town’s Engineering Department conducted an on-site inspection and determined that this site has an ephemeral channel. No intermittent or perennial streams were identified on the site. The applicant is not proposing to disturb the identified ephemeral channel as part of this development.

Significant Tree Stands/Specimen Trees: The applicant has identified a number of specimen trees on the site, and is proposing to preserve many of these specimen trees. The specimen trees have been identified on the Landscape Protection Plan (Sheet 7 of the plan set).

Stormwater Management: Stormwater on the existing site occurs as runoff sheet-flow across the site. In order to provide for stormwater management associated with the proposed development, the applicant is proposing to construct three stormwater ponds and two underground stormwater storage facilities. These proposed stormwater management facilities are identified on Sheet 5.

We recommend that prior to the issuance of a Zoning Compliance Permit, the applicant submit a Stormwater Management Plan for review and approval by the Town Manager. We recommend that the plan include low-impact stormwater management solutions and best management practices, including but not limited to bio-retention, pervious pavements, underground storage, infiltration trenches, vegetative swales and similar techniques. We recommend that the stormwater management design not result in land disturbance within the Significant Tree Stand Area. We have included a stipulation to this effect in Resolution A.

The plan shall be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate and the post-development stormwater runoff volume shall not exceed the pre-development volume for the local 2-year frequency, 24-hour duration storm event. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.

Erosion Control: We recommend that a soil erosion and sedimentation control plan (including provisions for maintenance of facilities and modification of the plan if necessary), be approved by the Orange County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to the issuance of a Zoning Compliance Permit. The regulations also require a performance guarantee in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances prior to final authorization to begin land-disturbing activities.

Utilities and Service Issues

Refuse Management: Six on-site refuse/recycling facilities are proposed throughout the site, as well as a trash compactor near the center of the site.

We recommend that a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing of construction debris, and demolition waste shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

We recommend that all new drive aisles needed to access refuse containers shall be constructed of heavy duty pavement. The final plans must include a detail of this pavement section. It will also be necessary to include the following note on the final plans: “The Town of Chapel Hill, its’ assigns or Orange County, shall not be responsible for any pavement damage, to existing or proposed area that may result from service vehicles.”

We also recommend that the final plan confirm that no overhead obstruction or utility wires will interfere with service vehicle access or operation. These standard stipulations are included in Resolution A.

Utilities: We recommend that detailed utility plans be reviewed and approved by OWASA, Duke Power Company, Public Service Company, BellSouth, Time Warner Cable and the Town Manager prior to issuance of a Zoning Compliance Permit. Except for three phase power lines, we recommend that all new or relocated utility lines be located underground. We have included these standard stipulations in Resolution A.

Fire Safety: We have included our standard stipulation requiring that a fire flow report sealed by a professional engineer, be submitted for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.

Recreation Area Issues

The Land Use Management Ordinance requires 26,446 square feet of active recreation space for this development. The site plan includes areas for a tot lot, picnic areas, and a play field. Picnic areas are generally considered passive, rather than active, recreation amenities. We do not believe that the proposed development provides sufficient active recreation space to meet the recreation standards of the Land Use Management Ordinance. We recommend that the site plan be revised to more clearly delineate the active recreation spaces and their associated sizes. The Land Use Management Ordinance also provides the Council with the option of accepting a payment in lieu of providing the required recreation space. We recommend that the applicant be required to meet the recreation space requirements of Section 5.5 of the Land Use Management Ordinance on-site and that a payment in lieu not be accepted with this application. A stipulation to this effect has been included in Resolution A.

Other Issues

Schools Adequate Public Facilities Ordinance: The proposed development is subject to the provisions of the Schools Adequate Public Facilities Ordinance. We have included a stipulation to this effect in Resolution A.

Special Use Permit Findings

For approval of a Special Use Permit, the Council must make the following findings, as set forth in Article 4.5.2 of the Land Use Management Ordinance:

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

2. That the use or development complies with all required regulations and standards of this Chapter, including all applicable provisions of Articles 3, and 5, the applicable specific standards contained in Supplemental Use Regulations (Article 6), and with all other applicable regulations;

3. That the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity; and

4. That the use or development conforms with the general plans for the physical development of the Town as embodied in this Chapter and in the Comprehensive Plan.

Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made.

CONCLUSION

Based on information available at this stage of the application review process, we believe that the proposal, with the conditions in Resolution A, meets the requirements of the applicable sections of the Land Use Management Ordinance and Design Manual.

Resolution A would approve the application with conditions. Resolution C would deny the application.

ATTACHMENT 2

Project Fact Sheet Requirements

Check List of Regulations and Standards

Special Use Permit Application

Wilson Assemblage	Compliance	Non-Compliance
Use Permitted	Ö (with approval of a Special Use Permit)
Min. Gross Land Area	Ö
Min. Lot Size	Ö
Min. Lot Width	Ö
Max. Floor Area	Ö
Impervious Surface Limits	Ö
Treatment of Stormwater Quality, Volume, and Rate	Ö
Min. Recreation Space	Ö (as conditioned)
Min. # Vehicular Parking Spaces	Ö
Min. # Bicycle Parking Spaces	Ö (as conditioned)
Max. # Dwelling Units	Ö
Min. Street Setback	Ö
Min. Interior Setback	Ö
Min. Solar Setback	Ö
Max. Height Limit	Ö
Min. Landscape Buffers	Ö (as conditioned)
Steep Slopes	Ö
Adequate Public Schools Facilities	Ö
Section 6.18 (Planned Developments) Proximity to major transportation facilities; Access to public utilities; Appropriateness for the physical character of the site; Energy conservation; Supports residential, commercial and office uses that are scaled, balanced, and located to reduce general traffic congestion and the need for private automobiles; Arranged to provide appropriate transition and reduce potential adverse effects; and Uses arranged horizontally or vertically to protect the residential uses, maximize pedestrian and bicycle convenience and place office uses convenient to public transit .	Ö Ö Ö Ö Ö	Ö (not yet determined) Ö (not yet determined)

Prepared November 10, 2004

ATTACHMENT 3

RESOLUTION A

(Manager’s Preliminary Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR WILSON ASSEMBLAGE

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by The Design Response, Inc. on property identified as Chapel Hill Township Tax Map 27A, Block A, Lot 1, and Tax Map 27, Block B, Lots 3A, 5, 6, 7, 8, 9, 10, 11, if developed according to the site plans dated July 28, 2004, and conditions listed below:

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

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

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

4. Would 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 that the Town Council hereby approves the application for a Special Use Permit for Wilson Assemblage in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. That construction begin (two years from approval date) and be completed (three years from approval date).

2. Land Use Intensity: This Special Use Permit authorizes construction of a mixed-use development consisting of a total of 208,511 square feet of floor area, specified as follows:

Land Use Intensity
Net Land Area	824,154 sq ft
Total # of Buildings	14
Maximum Floor Area Total	208,511 sq ft
Maximum # of Dwelling Units	149
Maximum Floor Area in Building ‘A’ and Building ‘B’	50,000 sq ft
Maximum Office-Type Business Use · Maximum General Business, Convenience Business, Bank, Barber Shop/Beauty Salon, Clinic (Medical)	Up to 50,000 sq ft · Building ‘A’ – 11,250 sq ft maximum · Building ‘B’ – 7,500 sq ft maximum
Maximum Impervious Surface Area	453,285 sq ft
Maximum # of Parking Spaces	402
Minimum # of Bicycle Spaces	189

Stipulations Related to Transportation Issues

3. Encroachment Permit: Prior to the issuance of a Zoning Compliance Permit, the applicant shall secure and provide an encroachment agreement from the North Carolina Department of Transportation for all work within the public right-of-way.

4. McGregor Drive Connection: That the final plans and final plat include full vehicular and pedestrian access between the proposed development and McGregor Drive.

5. Erwin Road Improvements: That along the Erwin Road frontage, half of a 37 foot cross-section with 12 foot wide lanes, curb and gutter, bike lanes, a five foot wide concrete sidewalk, and a three foot wide utility strip shall be constructed. Public right-of-way shall be dedicated to ensure that the right-of-way will be a minimum of one foot behind the back of the sidewalk or half of a 60 foot wide right-of-way, whichever is greater.

6. Sage Road Sidewalk: That along the Sage Road frontage a five foot wide concrete sidewalk with a three foot wide utility strip between the curb and sidewalk shall be constructed. The existing driveway curb cut shall be replaced with standard curb and gutter. The sidewalk shall be aligned and connected to the existing sidewalk on the abutting properties, and enough right-of-way shall be dedicated to ensure the right-of-way is at least one foot behind the back of sidewalk.

7. Dobbins Drive Right-of-Way: That prior to issuance of a Zoning Compliance Permit, right-of-way must be provided for the Dobbins Drive relocation that is proposed as part of the US 15-501 Super Street project. If the right-of-way hasn’t been acquired by the North Carolina Department of Transportation, the applicant shall dedicate the right-of-way required for the future relocation of Dobbins Drive.

8. Sidewalk Payment-in-lieu: That a payment-in-lieu for sidewalk and curb and gutter shall be provided if the Wilson Assemblage project is approved prior to the installation of the Super Street project. If the Super Street project is complete prior to issuance of a Zoning Compliance Permit for the Wilson Assemblage project, the applicant must construct sidewalk with curb and gutter along the Dobbins Drive frontage.

9. Public Streets: That a public street shall be constructed to provide access through the site from Dobbins Drive to Sage Road. The public street shall be 27-feet wide, measured from back of curb to back of curb, with 30-inch wide curb and gutter within a 45-foot wide right-of-way, built to Town Standard. The street shall be aligned with the existing Lowes’ entrance on Sage Road and a 45 foot wide public right-of-way shall be dedicated across the office ‘B’ site. Prior to issuance of a Zoning Compliance Permit the applicant must submit the final design and construction details for approval by the Town Manager.

10. Traffic Signal Payment-in-lieu: Prior to issuance of a Zoning Compliance Permit, a payment-in-lieu shall be provided to the Town of Chapel Hill for a traffic signal at the intersection of the new street and the existing Lowes’ entrance on Sage Road. The amount of the payment-in-lieu shall be based on the percentage of the traffic generated by the Wilson Assemblage development in proportion to the existing traffic at the proposed intersection and shall be approved by the Town Manager.

11. Access Easement: Prior to issuance of a Zoning Compliance Permit, an access easement shall be provided from the Howell Property located south of the proposed development to the new right-of-way required for the Office ‘B’ site to allow a vehicular connection.

12. Signal Timing Payment: Prior to issuance of a Zoning Compliance Permit, the applicant shall provide a payment to the Town of Chapel Hill of $9,000 for revised traffic signal timings at eight affected signalized intersections along US 15-501 Corridor.

13. Traffic Calming Devices: Prior to issuance of a Certificate of Occupancy the applicant shall install traffic calming devices on the through public street internal to the site that would connect Dobbins Drive and Sage Road. The specific design and locations of the traffic calming devices must be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

14. Bicycle Parking: That the development shall comply with the Town’s Design Manual for bicycle parking standards as follows:

Total Number of Required Spaces	189
Number of Class I Spaces	163
Number of Class II Spaces	26

15. Parking Lot Standards: That all parking lots, drive aisles and parking spaces shall be constructed to Town standards.

16. Bus Stop: That a bus stop shall be installed at a location internal to the development, to be approved by the Town Manager.

Stipulations Related to Landscaping and Architectural Issues

17. Required Buffers: That the following landscape buffer be provided; and if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by fencing from adjacent construction:

Location of Buffer	Required Buffer
Erwin Road frontage	Min. 30 ’ Type ‘D’ Buffer (20’ Type ‘C’ Buffer where no parking between building and street)
Dobbins Drive frontage	Min. 30 ’ Type ‘D’ Buffer (20’ Type ‘C’ Buffer where no parking between building and street)
Sage Road frontage	Min. 30 ’ Type ‘D’ Buffer (20’ Type ‘C’ Buffer where no parking between building and street)

18. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees shall be removed and preserved, as well as all significant tree stands, and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

19. Landscaping Plan: That a detailed landscape plan including a landscape maintenance plan, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The landscape plan shall indicate the size, type, and location of all proposed plantings.

20. Tree Protection Fencing: That the limits of land disturbance with tree protection fencing, shall be shown on the Landscape Protection Plan, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

21. Parking Lot Screening: That all parking areas shall be screened from view in accordance with the provisions of Article 5.6 of the Land Use Management Ordinance. The screening and shading plans shall be approval by the Town Manager.

22. Building Elevations: That the Community Design Commission approve building elevations, including the location and screening of all HVAC/Air Handling Units for this project, prior to issuance of a Zoning Compliance Permit.

23. Lighting Plan: That the Community Design Commission approve a lighting plan for this project prior to issuance of a Zoning Compliance Permit.

Stipulation Related to Recreation Area

24. Minimum Recreation Requirements: That a minimum of 26,446 square feet of recreation space shall be provided for this development.

Stipulations Related to Environmental Issues

25. Impervious Surface Limits: That the site shall comply with the impervious surface limits of the Land Use Management Ordinance. Impervious surface area is authorized at 453,285 square feet.

26. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager. The plan shall include low-impact stormwater management solutions and best management practices, including but not limited to bio-retention, pervious pavements, underground storage, infiltration trenches, vegetative swales and similar techniques.

27. Storm Drainageway Easement: That 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.

28. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.

29. State or Federal Approvals: That any required State or federal permits or encroachment agreements must be approved by the appropriate agencies and copies of the approved permits be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.

30. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. That a performance guarantee shall be provided in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.

31. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

Stipulations Related to Utility and Service Issues

32. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, and for managing and minimizing construction debris and removal of existing residential debris piles, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

33. Heavy Duty Pavement: That all new drive aisles needed to access refuse containers and shall be constructed of heavy duty pavement. The final plans must include a detail of this pavement section. It will also be necessary to include the following note on the final plans: “The Town of Chapel Hill, its’ assigns or Orange County shall not be responsible for any pavement damage that may result from service vehicles.

34. Overhead Obstruction/Utility Lines: That the final plans included details verifying that no overhead obstruction or utility wires will interfere with service vehicle access or operation.

35. Utility/Lighting Plan Approval: That the final Utility/Lighting Plan be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.

36. Utility Line Placement: That all new utility lines shall be placed underground. The applicant shall indicate proposed off-site utility line routing and upgrades required to service the site on Final Plans, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

37. Fire Flow: That a fire flow report, shall be prepared and sealed by a registered professional engineer, and showing that flows meet the minimum requirements of the Town Design Manual, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

38. Vehicle Access for Fire Fighting: That vehicle access for fire fighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 feet of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads capable of supporting vehicle loading under all weather conditions.

39. Water Supply for Fire Protection: That water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible materials arrive on site.

Stipulations Related to Miscellaneous Issues

40. Schools Adequate Public Facilities Ordinance: That the applicant provide the necessary Certificate of Adequacy of Public Schools prior to issuance of a Zoning Compliance Permit.

41. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle traffic will be managed, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

42. Traffic and Pedestrian Control Plan: That a Traffic Management Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction, including detour information and a pedestrian management plan indicating how pedestrian movements will be safely maintained shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

43. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited unless it is demonstrated to the Town Manager or his designee that no reasonable alternative means are available for removal of the materials from the subject property. The Fire Marshall may establish safety standards, which must be met in order to receive a permit.

44. Detailed Plans: That 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 Land Use Management Ordinance and the Design Manual.

45. As-Built Plans: That 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 first Certificate of Occupancy.

46. Certificates of Occupancy: That 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.

That if the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and if applicable a note to this effect shall be placed on the final plan and/or plat.

47. Construction Sign: That the applicant shall post a construction sign that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Building Permit, prior to the commencement of any land disturbing activities. The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.

48. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

49. Non-severability: That 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 application for the Special Use Permit application for Wilson Assemblage in accordance with the plans and conditions listed above.

This is the day of , 2004.

ATTACHMENT 4

RESOLUTION B

(Bicycle and Pedestrian Advisory Board’s Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR WILSON ASSEMBLAGE

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

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

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

4. Would 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.

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 Stipulation: That Stipulation 10 shall be deleted.

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

a) Prior to the issuance of a Certificate of Occupancy, the applicant shall install a median on Sage Road such that vehicular left turns to and from the site are prohibited. The median shall be designed to permit bicycle left turns to and from the site. The design and construction of the median, signage, pavement markings, and any necessary street widening shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

b) Prior to the issuance of a Certificate of Occupancy, construct an exclusive left turn lane on Dobbins Drive into the site. The design and construction details shall be reviewed and approved by the Town and the North Carolina Department of Transportation, prior to issuance of a Zoning Compliance Permit.

c) Prior to the issuance of a Certificate of Occupancy, Dobbins Drive on the east side of the Erwin Road/Dobbins Drive intersection shall be improved with the construction of one shared left-through lane and one exclusive right turn lane. The design and construction details shall be reviewed and approved by the Town Manager and the North Carolina Department of Transportation, prior to issuance of a Zoning Compliance Permit.

d) Prior to the issuance of a Zoning Compliance Permit, the applicant shall provide a payment in-lieu to the Town for a traffic signal at the intersection of Erwin Road and Dobbins Drive. The payment-in-lieu will be based on the percentage of the proposed development traffic at the intersection. The payment-in-lieu will be returned to the applicant five years after complete build-out of the Wilson Assemblage site if a traffic signal is not installed, upon request by the developer.

e) The applicant shall close the proposed access between the Howell property and the office building ‘B’ site.

f) That a crosswalk shall be installed across Sage Road connecting the site driveway to the Lowe’s driveway entrance. The design and construction details shall be reviewed and approved by the Town Manager and the North Carolina Department of Transportation, prior to issuance of a Zoning Compliance Permit.

This is the day of , 2004.

ATTACHMENT 5

RESOLUTION C

(Denying the Special Use Permit Application)

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR WILSON ASSEMBLAGE

1. Would not be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Would not comply with all required regulations and standards of the Land Use Management Ordinance;

3. Would not be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Would not 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 that the Town Council hereby denies the application for a Special Use Permit for Wilson Assemblage in accordance with the plans listed above and with the conditions listed below:

(INSERT ADDITIONAL REASONS FOR DENIAL)

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for Wilson Assemblage as proposed by The Design Response, Inc.

This the _________ day of _______________, 2004.