AGENDA #7

MEMORANDUM

TO: Mayor and Town Council

From: W. Calvin Horton, Town Manager

Subject: Performance Motors - Application for Special Use Permit Modification

(File Nos. 7.27.C.2, 7.27.C.3, 7.27A.C.9, and 7.27A.C.10)

DATE: June 27, 2005

INTRODUCTION

Tonight the Council continues the Public Hearing from June 20, 2005, regarding a Special Use Permit Modification to allow the construction of two new buildings and 61,100 square feet of floor area, for a total of 101,390 square feet, at 1810 North Fordham Boulevard. The 14.25-acre site has six existing buildings on an assemblage of four lots and is located at 1810 North Fordham Boulevard, primarily between Fordham Boulevard and Old Durham Road; a small portion of the site, an employee parking lot, is located on the south side of Old Durham Road at the intersection of Cooper Street. The site is located in both the Community Commercial-Conditional (CC-C) and Neighborhood Commercial (NC) zoning districts and is identified as Orange County, Chapel Hill Township Tax Map 27, Block C, Lots 2 & 3, and Orange County, Chapel Hill Township Tax Map 27A, Block C, Lots 9 and 10.

MANAGER’S RECOMMENDATION

Based on the information in the record to date, we believe that the Council could make the findings required to approve the Special Use Permit Modification application. We recommend that the Council adopt Resolution A, approving the application.

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

¨ Cover Memorandum: Provides background on the development proposal, discusses key issues raised at the June 20, 2005 Public Hearing, presents evidence in the record thus far in support of and in opposition to approval of the application, and offers recommendations for Council action and includes resolutions of approval and denial.

¨ Attachments: Includes a copy of a document from the applicant and the June 20, 2005 Public Hearing memorandum.

BACKGROUND

Concept Plan reviews of this application were conducted by the Community Design Commission on November 16, 2003, and by the Town Council on February 16, 2004.

KEY ISSUES

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

Traffic Impact Analysis Addendum: After the June 20 Public Hearing we discovered an error in the Traffic Impact Analysis related to proposed floor area for the Performance Motors proposal. We subsequently requested an addendum to the Traffic Impact Analysis by the traffic consultant to determine whether stipulations should be adjusted (see Attachment 2 for additional detail).

Comment: The traffic consultant’s addendum shows that the conclusions of the original Traffic Impact Analysis have not changed significantly.

The applicant originally proposed to demolish 13,200 square feet of floor area and construct 37,000 square feet of new floor area (23,800 square-foot net addition after demolition) to be added to the existing 55,380 square feet of floor area for a total of 79,180 square feet of floor area. The 23,800 square-foot expansion was used as the basis for the original Traffic Impact Analysis. This figure did not represent all of the proposed floor area finally proposed by the applicant.

The applicant’s present proposal requests a 46,010 square-foot expansion. A total of 101,390 square feet of floor area is being requested. Staff should have contacted the traffic consultant earlier in the process with the revised floor area figure. We have initiated steps to ensure that this does not happen again. Please refer to the attached addendum to the Traffic Impact Analysis for a summary of the traffic consultant’s findings with the new floor area figures. As mentioned above, the consultant’s findings do not significantly alter the original conclusions of the Traffic Impact Analysis. We believe there is no need for adjustment of the stipulations. The traffic consultant and Town Traffic Engineer will be present at the Public Hearing to answer questions Council members may have.

Specimen Tree Protection: The Manager’s preliminary recommendation had a condition requiring that the 22-inch specimen white oak tree on the Fordham Boulevard frontage be preserved by the applicant. Council members discussed the long-term viability of the oak tree at the June 20 Public Hearing. The applicant argued that retaining the tree would be difficult and that the tree’s long-term chances of survival are poor.

Comment: The Land Use Management Ordinance encourages the preservation of specimen trees. However, the applicant provided an argument that it would be difficult to preserve the 22-inch white oak on the Fordham Boulevard frontage, given the proposed development. We do not believe it would be beneficial to require the applicant to go to extraordinary lengths to preserve the tree when its long-term chances of survival are in question. There is also a specimen oak tree on the western boundary of the site, towards Hardees, that the applicant has agreed to preserve. The Manager’s revised recommendation, Resolution A, no longer requires preservation of the 22-inch white oak tree on the Fordham Boulevard frontage. We recognize that the Council may choose to require the applicant to retain the white oak tree. Resolution B would require the preservation of the 22-inch white oak.

Bicycle and Pedestrian Infrastructure: A Council member suggested that recommendations of the Old Durham–Chapel Hill Road Bicycle/Pedestrian Improvement Study by the Durham Chapel Hill Carrboro Metropolitan Planning Organization (DCHCMPO) be taken into consideration regarding bicycle and pedestrian improvements for the Performance Motors proposal.

Comment: The Metropolitan Planning Organization has conducted a feasibility study for the Old Durham–Chapel Hill Road corridor and made two recommendations: 1) That cross-walks be provided on Cooper Street and Old Durham Road and 2) that a bicycle lane be provided on the right side of Old Durham Road/Scarlett Drive/Fordham Boulevard Service Road intersection as part of the proposed intersection reconfiguration. The Manager’s Preliminary recommendation required a cross-walk on Old Durham Road and intersection reconfiguration. The intersection reconfiguration will incorporate a bicycle lane at the Old Durham Road/Fordham Boulevard Service Road intersection. Additionally, we recommend that the applicant coordinate with the Metropolitan Planning Organization to obtain comment regarding the bike lane and cross-walk designs. See Manager’s revised recommendation section for additional information.

EVALUATION OF THE APPLICATION

The standard for review and approval of a Special Use Permit application involves consideration of four findings of fact that the Council must consider for granting a Special Use Permit. Based on the evidence that is accumulated during the Public Hearing, the Council will consider whether it can make each of the four required findings for the approval of a Special Use Permit. If, after consideration of the evidence submitted at the Public Hearing, 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.

Tonight, based on the evidence in the record thus far, we provide the following evaluation of this application based on the four findings of facts that the Council must consider for granting a Special Use Permit.

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.

We believe the evidence in the record to date can be summarized as follows:

Evidence in support: Evidence in support of this finding for the application has been provided by the applicant’s Statement of Justification (part of Attachment 1).

We note the following points from the applicant’s Statement of Justification:

“In spite of the fact that the project will have no adverse traffic impact, Performance has volunteered to make offsite roadway improvements west of Hardees, at the Sage/Old Durham/Fordham intersection.” [Applicant’s Statement]

“Environmental and energy conservation improvements will reduce runoff and provide a state-of-the-art example for rainwater collection and re-use as well as to meet stringent energy conservation goals.” [Applicant’s Statement]

Evidence in opposition: We have not identified any evidence offered in opposition to Finding #1.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

Finding #2: That the use or development complies with all required regulations and standards of the Land Use Management Ordinance, including all applicable provisions of Articles 3 and 5, the applicable specific standards in the Supplemental Use Regulations (Article 6) and with all other applicable regulations.

We believe the evidence in the record to date can be summarized as follows:

Evidence in support: Evidence in support of Finding #2 for this application has been provided by the applicant’s Statement of Justification (part of Attachment 1).

We note the following points from the applicant’s Statement of Justification:

“The proposed facility complies with all of these regulations and standards except for the specific modifications and exceptions requested and described below.” [Applicant’s Statement]

Evidence in opposition: Evidence in opposition of Finding #2 for this application would include the fact that, if the request for modification of regulations is not approved, the proposed development would not meet the Land Use Management Ordinance provisions for use regulations, allowing parking as a principal use in the Neighborhood Commercial (NC) zoning district.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

Finding #3: That the use would be 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.

We believe the evidence in the record to date can be summarized as follows:

Evidence in support: Evidence in support of Finding #3 for this application has been provided by the applicant’s Statement of Justification (part of Attachment 1).

We note the following points from the applicant’s Statement of Justification:

“Performance believes, and is further convinced by the neighborhood comments it has received, that these plans will maintain and enhance the value of contiguous property.” [Applicant’s Statement]

Evidence in opposition: We have not identified any evidence offered in opposition to Finding #3.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

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.

We believe the evidence in the record to date can be summarized as follows:

Evidence in support: Evidence in support of Finding #4 for this application has been provided by the applicant’s Statement of Justification (part of Attachment 1).

We note the following key points from the applicant’s Statement of Justification:

“The applicant believes that this Modification comports with the letter and the spirit of the Town’s Comprehensive Plan and with the Town Land Use Management Ordinance, that it will improve and enhance public safety, and will maintain contiguous property values and will insure the long-term economic vitality of Performance Automall, a valued commercial citizen of Chapel Hill.” [Applicant’s Statement]

Evidence in opposition: We have not identified any evidence offered in opposition to Finding #4.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

PROPOSED MODIFICATION OF REGULATIONS

The applicant is requesting a modification to regulations from Article 3.7 the Land Use Management Ordinance. The Town Council has the ability to modify the regulations, according to Section 4.5.6 of the Land Use Management Ordinance, as follows:

“Where actions, designs, or solutions proposed by the applicant are not literally in accord with applicable special use regulations, general regulations, or other regulations in this Chapter, but the Town Council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree, the Town Council may make specific modification of the regulations in the particular case. Any modification of regulations shall be explicitly indicated in the Special Use Permit Modification or Modification of Special Use Permit Modification.”

Article 3.7 Use Regulations: Article 3.7 of the Land Use Management Ordinance specifies the types of uses permitted in each zoning district. Article 3.7 allows off-street parking as an accessory use in the Neighborhood Commercial zoning district (NC), but not as a free-standing principal use.

Modification to Regulations: A portion of the development site, on the south side of Old Durham Road, is in the Neighborhood Commercial (NC) zoning district. As noted immediately above, off-street parking is only permitted as an accessory use in the NC zoning district. The applicant is requesting a modification to regulations from Article 3.7 of the Land Use Management Ordinance to allow off-street parking as a principal use rather than an accessory use.

An historical note is relevant here: On November 13, 1997, the Council approved a Special Use Permit Modification with the same modification to regulations being requested again by the applicant. This 1997 modification allowed parking as a principal use on the existing part of the proposed employee parking lot. The applicant’s request now is to extend this modification of regulations to the entire proposed employee parking lot. The applicant is asking that the 1997 modification to regulations be expanded to the entire proposed employee parking lot permitting parking as a principal use in the Neighborhood Commercial (NC) zoning district.

We believe that the applicant’s request to modify use regulations in Article 3.7 of the Land Use Management Ordinance to allow parking as a principal use is reasonable. The Special Use Permit Modification is proposed to encumber the entire assemblage of parcels including the employee parking lot, making it a single zoning lot. We therefore believe that the Council could find that public purposes are satisfied to an equivalent or greater degree because, in this circumstance, a principal parking space is equivalent to an accessory parking space.

Alternatively, the Town Council could deny the proposed modification of regulations at its discretion or reasonably conclude that the modification would not satisfy public purposes to an equivalent or greater degree and could therefore deny the application or require compliance with the particular regulation.

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, we believe that the Council could make the findings regarding health, safety and general welfare, and consistency with the Comprehensive Plan. The Manager’s recommendation incorporates input from all Town departments involved in review of the application.

RECOMMENDATIONS

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

Planning Board Recommendation: On June 21, 2005, the Planning Board voted 8-1 to recommend that the Council approve this application with the adoption of Resolution B. Please see the attached Summary of Planning Board Action.

The following revised condition, recommended by the Planning Board, is included in Resolution B:

· Specimen Tree Protection: That the applicant shall protect the two specimen trees, 1) the 20-inch oak, on the western boundary of the site and 2) the 22-inch white oak tree, which is located in the required 30-foot type ‘D’ buffer area along the Service Road. The applicant shall carefully remove pavement and curbing as well as several parking spaces shown on plans outside of the 20-inch oak tree’s critical root zone. The applicant shall also revise plans and remove the proposed car display platform and walkway outside the critical root zone of the 22-inch white oak tree. The design will be subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

Comment: We do not concur with the recommended condition because we believe that only one of these two trees can be preserved, the 20-inch oak tree and not the 22-inch white oak tree. We therefore have included a revised version of this stipulation in Resolution A, the Manager’s Revised Recommendation. For additional detail please refer to the Key Issues section of the memorandum.

Transportation Board Recommendation: On June 7, 2005, the Transportation Board voted 9-0 to recommend that the Council approve this application with the adoption of Resolution C with conditions. Please see the attached Summary of Transportation Board Action.

Two of the following three conditions, recommended by the Transportation Board are included in Resolution A, The Manager’s Revised Recommendation, as follows:

· Old Durham Road Directional Signage: That the applicant shall provide small directional signs, to enhance traffic circulation from the Old Durham Road side of the site, according to the Town Sign Ordinance, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

· Old Durham Road Bus-Stop Improvements: That the applicant shall provide bus-stop improvements, including a bench, trash can, information tube (for route maps), and a shelter to be located on the South Side of the Old Durham Road frontage of the site. Design subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

Comment: We concur with the two recommended conditions above and have included them in Resolution A, the Manager’s Revised Recommendation.

One condition of three, recommended by the Transportation Board is included in Resolution C, as follows:

· Transportation Management Plan: That the applicant shall prepare and obtain Town Manager approval of a Transportation Management Plan prior to issuance of a Zoning Compliance Permit. The required components of the Transportation Management Plan shall include:

a. Provide subsidies for employees to purchase bicycles to promote commuting alternatives;

b. Provide transit service information in prominent places throughout dealerships;

c. Provide a customer shuttle to University Mall or other locations giving customers easy access to a wider range of transit routes;

Comment: The Transportation Board is recommending that the standard Transportation Management Plan stipulation be supplemented with the conditions immediately above. We do not concur with the recommended conditions for the following reasons:

Item (a): We do not believe there is a rational nexus for the developer to subsidize the purchase of bicycles for employees.

Item (b): We do not believe that this requirement is necessary as the general provisions in the Transportation Management Plan stipulation are an adequate basis for staff to request more specific measures, such as posting transit information, during final plan review.

Item (c): We do not believe this is necessary as the dealerships already offer individual local rides to their customers.

Community Design Commission Recommendation: The Community Design Commission met on June 22, 2005. We will provide the Council with a Summary of Community Design Commission Action when it is available.

Bicycle and Pedestrian Advisory Board Recommendation: On May 24 2005, the Bicycle and Pedestrian Advisory Board voted 4-2 to recommend that the Council approve this application with the adoption of Resolution A with conditions. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.

Manager’s Revised Recommendation: Since the June 20, 2005 Public Hearing, the following stipulations have been revised in the Manager’s Recommendation:

The stipulation below has been revised to permit variable width alternative buffers along the northern and southern boundaries of the main dealership site.

· 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:

Required Landscape Buffers

Main Dealership Part of Site
Location	Proposed Buffers
Northern Property Line (Service Road frontage)	Variable Width 20-40 ft. Type ‘D’ External Alternative Buffer (similar to existing)
Western Property Line (adjacent to Hardees)	Type ‘B’ Internal Alternative Buffer (5-ft.)
Southern Property Line (Old Durham Road frontage)	Variable Width 10-35 ft. Type ‘D’ External Alternative Buffer with Berm (similar to existing)
Eastern Property Line (adjacent to Blue Cross/BS)	Variable Width Type ‘C’ Internal Buffer (23 to 50 ft.)
Cooper Street Employee Parking Lot Part of Site
Northern Property Line (Old Durham Rd. Frontage)	Variable Width Type ‘D’ External Alternative Buffer (5 – 16 ft., as Existing) with brick wall 3-4 ft. tall
Western Property Line (Adjacent to lot zoned NC)	20’ Type ‘C’ Internal Buffer with 6-foot stockade fence
Southern Property Line (Adjacent to lots zoned R-3 )	20’ Type ‘C’ Internal Buffer with 6-foot stockade fence
Eastern Property Line (Cooper St. Frontage)	Variable Width Type ‘D’ External Alternative Buffer (8 – 25 ft., as Existing) with brick wall 3-4 ft. tall No Proposed Changes

Alternative landscape buffers must be approved by the Community Design Commission.

The stipulation below has been revised to require the applicant to preserve one specimen tree rather than two. Additional discussion of this issue is in the Key Issues section.

· Specimen Tree Protection: That the applicant shall protect the 20-inch oak specimen tree, on the western boundary of the site. The applicant shall carefully remove pavement and curbing as well as several parking spaces shown on plans outside of the 20-inch oak tree’s critical root zone. The design will be subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

The two stipulations below have been revised to clearly require the applicant to provide a bicycle lane and to require coordination with the Durham Chapel Hill Carrboro Metropolitan Planning Organization as part of the required intersection reconfiguration at Old Durham Road/Scarlett Drive/Fordham Boulevard intersection. For more detail please see the Key Issues section.

· Old Durham Road/Scarlett Drive/Service Road Intersection Improvements: That the applicant shall provide the following improvements at this intersection: 1) construct a 6-foot-wide and 60-foot-long concrete island along the centerline of Old Durham Road to prevent left turns from Old Durham Road into the service road located at the east side of the intersection; 2) reconstruct the eastern service road connection at Old Durham Road as a right-out only from the service road by removal of asphalt pavement and the installation pavement markings and landscaping and a bicycle lane; and 3) repaint the Scarlett Drive stop-bar at Old Durham Road. These improvements shall be subject to NCDOT and Town Manager approval, as well as evidence of coordination with the Durham Chapel Hill Carrboro Metropolitan Planning Organization, prior to issuance of a Zoning Compliance Permit.

· Old Durham Road Pedestrian Crosswalk: That the applicant provide a painted cross-walk on Old Durham Road, from the employee parking lot to the main dealership portion of the site. The design will be subject to NCDOT and Town Manager approval, as well as evidence of coordination with the Durham Chapel Hill Carrboro Metropolitan Planning Organization, prior to issuance of a Zoning Compliance Permit.

Based on the information in the record to date, we believe that the Council could make the findings required to approve the Special Use Permit application with the requested modification of the regulations. We recommend that the Council adopt Resolution A, approving the application with conditions.

Resolution B would approve the application as recommended by the Planning Board.

Resolution C would approve the application as recommended by the Transportation Board.

Resolution D would deny the application.

Performance Motors - Special Use Permit Modification

Differences Among Resolutions

Issues	Resolution A (Approval) Town Manager’s Revised Recommendation, Planning Board Recommendation, and Bicycle and Pedestrian Advisory Board Recommendation	Resolution B (Approval) Planning Board Recommendation	Resolution C (Approval) Transportation Board Recommendation
Provide Bicycle Lane as Part of Intersection Improvements and Coordinate with Metropolitan Planning Organization	Yes	*	*
Require Directional Signage Near The Old Durham Road Entrances To Site	Yes	*	Yes
Provide Bus-Stop, Bench, Shelter, And Map Kiosk On The South Side Of Old Durham Rd.	Yes	*	Yes
Expand the Requirements of the Transportation Management Plan	No	*	Yes
Permit Variable Width Alternate Buffers Along Fordham Blvd. and Old Durham Rd. Frontages	Yes	Yes	*
Permit Removal of 22” Oak Tree on Fordham Blvd Frontage	Yes	No, Require Preservation	*
Expand Existing Underground Stormwater Detention Structure in Employee Parking Lot to Accommodate Additional Runoff	Yes	Yes	*
Expand the Requirements of the Transportation Management Plan	No	*	Yes
Prohibit Off-Loading Cars From Car Carriers on Old Durham Road	Yes	Yes	*

*Issues not raised at Advisory Board meeting.

ATTACHMENTS

1. Summary of Planning Board Action, Dated June 21, 2005 (p. 28).

2. Addendum to Traffic Impact Analysis From Craig Scheffler, Dated June 23, 2005 (p. 29).

3. Correspondence From John Goddin, Dated June 20, 2005 (p. 33).

4. June 20, 2005 Public Hearing Memorandum and Related Attachments (begin new page 1).

RESOLUTION A

(Manager’s Revised Recommendation and Bicycle

and Pedestrian Advisory Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR PERFORMANCE MOTORS (2005-06-27/R-21a)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Philip Post and Associates, Inc. for Performance Motors on property identified as Orange County Tax Map 27, Block C, Lots 2 & 3 and Orange County Tax Map 27A, Block C, Lots 9 & 10 (PIN nos. 9799-68-6685, 9799-78-1315, 9799-78-0702, 9799-78-2336) if developed according to the site plans dated August 23, 2004, revised May 25, 2005 and the 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 by the Town Council of Chapel Hill that it finds, in this particular case, that the following modification satisfies public purposes to an equivalent or greater degree:

Modification of Article 3.7 of the Land Use Management Ordinance use regulations, to allow parking as a principal use, on the employee parking lot portion of the site, which is in the Neighborhood Commercial (NC) zoning district;

Said public purposes, to an equivalent or greater degree, being based on a determination that, in this case, a principal parking space is equivalent to an accessory space.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for Performance Motors in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. That construction begin by June 27, 2007 (two years from approval date) and be completed by June 27, 2015 (ten years from approval date).

2. Land Use Intensity: This Special Use Permit Modification authorizes several automobile dealerships, with associated repair, preparation areas, parking, and vehicle storage, land use intensity requirements and dimensional standards as specified below:

Land Use Intensity
Net Land Area	564,273 s.f.
Total # of Buildings in Three Phases	8
Maximum Floor Area	101,390 s.f.
Maximum Impervious Surface Area	418,611 s.f.
Maximum # of Parking Spaces Proposed	250
Minimum # of Bicycle Spaces	29 (5 Class I/24 Class II)

Stipulations Related to Transportation Issues

3. Old Durham Road/Scarlett Drive/Service Road Intersection Improvements: That the applicant shall provide the following improvements at this intersection: 1) construct a 6-foot-wide and 60-foot-long concrete island along the centerline of Old Durham Road to prevent left turns from Old Durham Road into the service road located at the east side of the intersection; 2) reconstruct the eastern service road connection at Old Durham Road as a right-out only from the service road by removal of asphalt pavement and the installation pavement markings and landscaping and a bicycle lane; and 3) repaint the Scarlett Drive stop-bar at Old Durham Road. These improvements shall be subject to NCDOT and Town Manager approval, as well as evidence of coordination with the Durham Chapel Hill Carrboro Metropolitan Planning Organization, prior to issuance of a Zoning Compliance Permit.

4. Old Durham Road Directional Signage: That the applicant shall provide small directional signs, to enhance traffic circulation from the Old Durham Road side of the site, according to the Town Sign Ordinance, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

5. Fordham Boulevard Service Road Curb & Gutter Improvements: That the applicant shall construct a standard 30-inch curb-and-gutter along the Fordham Boulevard Service Road frontage, filling in the approximately 220-foot missing section of curb-and-gutter along this frontage, subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.

6. Fordham Boulevard Service Road Sidewalk Improvements: That the applicant provide a 5-foot wide sidewalk extending approximately 410 linear feet eastward along the Fordham Boulevard service road frontage, from the existing sidewalk near the Hardees on the east side of the site, to the driveway entrance to the west of the proposed BMW showroom.

7. Additional One-Way access to Fordham Boulevard Service Road: That the applicant provide a one-way driveway exiting the northwestern corner of the site, from the Acura dealership, onto the Fordham Boulevard Service Road, subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.

8. Old Durham Road Improvements: That the applicant shall provide a 30-inch wide curb and gutter, a 5-foot wide sidewalk, and room for a bicycle travel lane, within a 46-foot wide roadway cross section on the south side of Old Durham Road, extending approximately 100 linear feet from the existing sidewalk along the Old Durham Road frontage to the western end of the lot proposed for expanded employee parking. These improvements shall be subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.

9. Old Durham Road Right-of-Way Dedication: That the applicant shall dedicate approximately 15 additional feet of right-of-way for about 100 linear feet on the south side of Old Durham Road to correspond to the wider existing right-of-way width immediately to the east and to accommodate the proposed 46-foot cross section, 30-inch curb and gutter and 5-foot sidewalk, subject to NCDOT and Town Manager approval, prior to issuance of a Zoning Compliance Permit.

10. Old Durham Road Bus-Stop Improvements: That the applicant shall provide bus-stop improvements, including a bench, trash can, information tube (for route maps), and a shelter to be located on the South Side of the Old Durham Road frontage of the site. Design subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

11. Abandon Old Durham Road Curb Cut: That the applicant shall abandon the westernmost curb cut on Old Durham Road that currently provides access to the vacant bank parking lot, and replace it with Town standard curb and gutter subject to NCDOT and Town Manager approval prior to issuance of a Zoning Compliance Permit.

12. Old Durham Road Pedestrian Crosswalk: That the applicant provide a painted cross-walk on Old Durham Road, from the employee parking lot to the main dealership portion of the site. The design will be subject to NCDOT and Town Manager approval, as well as evidence of coordination with the Durham Chapel Hill Carrboro Metropolitan Planning Organization, prior to issuance of a Zoning Compliance Permit.

13. Old Durham Road Handicap Ramps: That the applicant provide handicap ramps, built to NCDOT standard, at both ends of the proposed crosswalk. The design will be subject to NCDOT and Town Manager approval prior to issuance of a Zoning Compliance Permit.

14. Cooper Street Speed Table: That the applicant shall provide a speed table, for traffic calming purposes, on Cooper Street approximately mid-block between Old Durham Road and Legion Road Extension, built to Town Standard and subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

15. Signal Retiming: That the applicant shall provide a $2,000 payment to the Town for traffic signal retiming at the intersections of Fordham Boulevard and Eastowne Drive as well as Fordham Boulevard and Old Durham Road prior to issuance of a Zoning Compliance Permit.

16. Bicycle Parking: That the applicant shall provide 1) five Class I bicycle parking spaces inside one or more buildings on the Performance Motors site (such as an employee locker room area), and 2) two Class II, well-lighted, wave-type bicycle racks, with 12-spaces each, sited near the showrooms on the eastern and western parts of the main dealership site, for a total of 29 spaces, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

17. Western Pedestrian Connection: That the applicant shall provide a pedestrian connection to the adjacent Hardees Restaurant on the western boundary of the site, in the vicinity of the 20-inch oak tree proposed for preservation. The design will be subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

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

19. Transportation Management Plan: That the applicant shall prepare and obtain Town Manager approval of a Transportation Management Plan prior to issuance of a Zoning Compliance Permit. The required components of the Transportation Management Plan shall include:

a. Quantifiable traffic reduction goals and objectives;

b. Provisions for designation of a Transportation Coordinator;

c. Provision for an annual Transportation Survey and Annual Report to the Town Manager;

d. Ridesharing incentives;

e. Public transit incentives; and

f. Other measures subject to approval by the Town Manager.

Stipulations Related to Landscaping and Architectural Issues

20. 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:

Required Landscape Buffers

Main Dealership Part of Site
Location	Proposed Buffers
Northern Property Line (Service Road frontage)	Variable Width 20-40 ft. Type ‘D’ External Alternative Buffer (similar to existing)
Western Property Line (adjacent to Hardees)	Type ‘B’ Internal Alternative Buffer (5-ft.)
Southern Property Line (Old Durham Road frontage)	Variable Width 10-35 ft. Type ‘D’ External Alternative Buffer with Berm (similar to existing)
Eastern Property Line (adjacent to Blue Cross/BS)	Variable Width Type ‘C’ Internal Buffer (23 to 50 ft.)
Cooper Street Employee Parking Lot Part of Site
Northern Property Line (Old Durham Rd. Frontage)	Variable Width Type ‘D’ External Alternative Buffer (5 – 16 ft., as Existing) with brick wall 3-4 ft. tall
Western Property Line (Adjacent to lot zoned NC)	20’ Type ‘C’ Internal Buffer with 6-foot stockade fence
Southern Property Line (Adjacent to lots zoned R-3 )	20’ Type ‘C’ Internal Buffer with 6-foot stockade fence
Eastern Property Line (Cooper St. Frontage)	Variable Width Type ‘D’ External Alternative Buffer (8 – 25 ft., as Existing) with brick wall 3-4 ft. tall No Proposed Changes

Alternative landscape buffers must be approved by the Community Design Commission.

21. Fordham Boulevard Service Road Frontage Landscape Buffers: That the applicant shall provide a 30-foot type “D” external buffer along the Fordham Boulevard Service Road frontage adjacent to all areas of the site where new development is proposed. That the applicant shall provide a 20 to 40-foot variable width type “D” alternative external buffer along the Fordham Boulevard Service Road frontage adjacent to existing dealership buildings and supplement these existing buffers with type “D” external buffer plantings, subject to Community Design Commission and Town Manager approval prior to issuance of a Zoning Compliance Permit.

22. Automobile Display or Storage in Landscape Buffers Prohibited: That the display or storage of automobiles within specified landscape buffer areas shall be prohibited.

23. Western Property Line Landscape Buffers: That the applicant shall provide a 5-foot type “B” internal alternative buffer along the western property line, subject to approval by the Community Design Commission, prior to issuance of a Zoning Compliance Permit.

24. Old Durham Road Frontage Landscape Buffers: That the applicant shall provide a 30-foot type “D” external buffer along the Old Durham Road frontage adjacent to all areas of the site where new development is proposed. That the applicant shall provide a variable width ‘Type D’ external alternative buffer (10-35 feet), in conjunction with an existing earthen berm as currently exists on the site, for all areas adjacent to existing development, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

25. Specimen Tree Protection: That the applicant shall protect the 20-inch oak specimen tree, on the western boundary of the site. The applicant shall carefully remove pavement and curbing as well as several parking spaces shown on plans outside of the 20-inch oak tree’s critical root zone. The design will be subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.

26. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees shall be removed and preserved, critical root zones of all rare and specimen trees, significant tree stands, detail of protective fencing and construction parking and materials staging/storage areas, and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

27. Landscape Plan and Landscape Maintenance Plan: That a detailed Landscape Plan including a Landscape Maintenance Plan, shall 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 as well as the limits of land disturbance and tree protection fencing.

28. Parking Lot Landscape 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 landscape screening plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

29. Shading Plan: That prior to issuance of a Zoning Compliance Permit, a Shading Plan must be submitted and approved by the Town Manager demonstrating compliance with Town regulations.

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

31. Lighting Plan: That the Community Design Commission approve a lighting plan for this project prior to issuance of a Zoning Compliance Permit. The Community Design 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 on the portion of the main site where new development is proposed as well as the employee parking lot. That the applicant shall retrofit existing lights in the employee parking lot, as appropriate, to achieve compliance with the lighting standards of Land Use Management Ordinance.

Stipulations Related to Environmental Issues

32. 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, such as bio-retention, pervious pavements, underground storage, infiltration trenches, vegetative swales and similar techniques.

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.

33. Underground Stormwater Storage for Employee Parking Lot: That the applicant shall expand the existing underground stormwater storage device, or similar infrastructure, along the southern boundary of the employee parking lot, to accommodate the additional stormwater discharge associated with the proposed new employee parking lot. Design to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

34. Storm Drainageway Easement: That all stormwater management improvements, outside public right-of-way, shall be located inside reserved storm drainageway easements, per Town guidelines, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

35. 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.

36. 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.

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

38. 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

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

40. Solid Waste Final Plan Details: That final plans shall include dimensioned details as well as appropriate signage and lighting for the refuse area, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. That final plans shall also include the following notes:

Prior to demolition or construction activity on the site the applicant shall hold a deconstruction assessment conference with the County’s Solid Waste staff concerning buildings to be removed from this site.
Any gate design shall include gate retainers;
The user shall be responsible for opening gates to the dumpster area on collection days of any material(s) to be collected from this location;
If any vehicles are parked in the refuse or recyclables collection vehicle access area, the containers shall not receive service until the next scheduled collection day;
By Orange County Ordinance, clean wood waste, scrap metal and corrugated cardboard, all present in construction waste, shall be recycled;
By Orange County Ordinance, all haulers of construction waste shall be properly licensed; and
Prior to any demolition or construction activity on site the applicant shall hold a pre-demolition/pre-construction conference with the County’s Solid Waste staff. This may be the same meeting held with other development officials.

41. Refuse Pad Orientation: That the applicant orient refuse pads in the same direction for proper access.

42. Recycling Facilities: That the applicant provide six recycling roll carts in the waste collection area for recyclable materials such as glass, metal cans, plastic, and papers.

43. Heavy Duty Pavement: That the applicant shall provide heavy-duty pavement for service vehicles across drive aisles access routes to refuse container(s), subject to Town Manager approval.

44. Pavement Damage: That final plans include the following note, prior to issuance of a Zoning Compliance Permit, “The Town of Chapel Hill, its’ assigns or the County shall not be responsible for any pavement damage that may result from service vehicles.”

45. 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.

46. 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.

47. 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.

48. Fire Flow: That a fire flow report for all new development, shall be prepared and sealed by a registered professional engineer, which demonstrates 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.

Stipulations Related to Miscellaneous Issues

49. Recorded Recombination Plat: That the applicant shall provide a recordable recombination plat to the Town Manager for approval for the purpose of recombining the 4 subject lots of the development assemblage (7.27.C.2, 7.27.C.3, 7.27A.C.9, and 7.27A.C.10) into two lots, one on each side of Old Durham Road. The applicant shall provide a copy of the recorded recombination plat to the Town prior to issuance of a Zoning Compliance Permit.

50. 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.

51. 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.

52. Car-Carrier Off-Loading Restrictions: That the current and future owners of the Performance Motors automobile dealerships shall not off-load trucks, including car-carriers or other trucks, on Old Durham Road frontage of the site.

53. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.

54. 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.

55. 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.

56. 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 an individual 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.

57. 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.

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

59. 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 Modification application for Performance Motors, as proposed by Philip Post and Associates, in accordance with the plans and conditions listed above.

This is the 27^th day of June, 2005.

RESOLUTION B

(Planning Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR PERFORMANCE MOTORS (2005-06-27/R-21b)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Philip Post of Philip Post and Associates, Inc. for Performance Motors on property identified as Orange County Tax Maps 27, Block C, Lots 2 and 3 (PIN nos. 9799-68-6685 and 9799-78-1315) and Tax Maps 27A, Block C, Lots 9 and 10 (PIN nos. 9799-78-0702 and 9799-78-2336) if developed according to the site plans dated August 23, 2004, revised May 25, 2005 and the 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 by the Town Council of Chapel Hill that it finds, in this particular case, that the following modification satisfies public purposes to an equivalent or greater degree:

1. Modification of Article 3.7 of the Land Use Management Ordinance use regulations, to allow parking as a principal use, on the employee parking lot portion of the site, which is in the Neighborhood Commercial (NC) zoning district;

Said public purposes, to an equivalent or greater degree, being based on a determination that, in this case, a principal parking space is equivalent to an accessory space.

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. Revised Stipulations: That the following stipulation shall be revised:

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 Modification application for Performance Motors in accordance with the plans and conditions listed above.

This is the 27^th day of June, 2005.

RESOLUTION C

(Transportation Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR PERFORMANCE MOTORS (2005-06-27/R-21c)