AGENDA #2

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: University Mall Redevelopment – Application for Special Use Permit Modification

DATE: March 20, 2000

INTRODUCTION

Tonight the Council continues the Public Hearing from February 28, 2000, regarding the Special Use Permit Modification application for redevelopment of the University Mall. Adoption of Resolutions A, B, C, D or E would approve a Special Use Permit application. Adoption of Resolution F would deny the request.

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 and the Town’s review process, and offers recommendations for Council action.

¨ Attachments: Includes resolutions of approval and denial, comments on issues raised during the February 28 Continuation of Public Hearing, and a copy of the February 28 memorandum and its related attachments.

BACKGROUND

On January 19, 2000, a Public Hearing was held for consideration of an application for Special Use Permit Modification to authorize redevelopment of the University Mall site. The Public Hearing was continued to February 28, 2000. On February 28, the Hearing was continued to tonight. The proposal includes the construction of three new commercial buildings on the site, two small additions to the existing mall building, relocation of the community recycling facilities on the site, addition of 45 landscaped islands within the existing parking lot, and incorporation of seven bioretention facilities within the landscape islands.

At the Hearing, the applicant was asked to meet with representatives from Binkley Baptist Church and return to the Council tonight. The Hearing is being reopened tonight to receive information about these meetings.

process

This is an application for a Special Use Permit Modification. The Development Ordinance requires the Town Manager to conduct an analysis of this Special Use Permit Modification 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 on January 19 we submitted our report and recommendation to the Council.

The standard for review and approval of a Special Use Permit Modification application involves consideration of four findings. The Council must make all four of these findings in order to approve a Special Use Permit application:

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 12, 13, and 14, 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.

The January 19 Public Hearing memorandum discussed the four findings as related to this application, including both supporting and opposing evidence for each finding.

If, after consideration of the evidence presented at the January 19 and February 28 Public Hearing and additional evidence submitted this evening, the Council decides that it can make the required four findings, the Ordinance directs that the Special Use Permit Modification shall then be approved. If the Council decides that sufficient evidence has not been provided to make these findings, then the application must be accordingly denied.

Although the primary purpose of tonight’s meeting is to receive staff and applicant responses to the questions raised during the Public Hearing, we note that further evidence may be submitted this evening.

REQUESTED MODIFICATIONS OF REGULATIONS

Because the University Mall is an existing development and does not comply with a number of the Town’s current zoning regulations, the applicant is requesting that the Council modify the regulations for this development application. Modifications to the following Development Ordinance regulations are requested:

¨ Floor area – to allow a larger amount of floor area on the site than the Ordinance permits.

¨ Outdoor space – to allow a smaller amount of outdoor space than the Ordinance requires.

¨ Livability space – to allow a smaller amount of livability space than the Ordinance requires.

¨ Parking lot shading – to allow a reduced amount of parking lot shading than the 35% Ordinance requirement.

¨ Landscape bufferyards – to allow the existing perimeter landscape bufferyards to satisfy the Ordinance’s buffer regulations.

¨ Construction within the Resource Conservation District – to allow the existing construction within the RCD, and to allow 3,160 square feet of new construction to occur within the RCD.

Subsection 18.7.1 of the Development Ordinance states:

"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 Ordinance, but the Council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree, the Council may make specific modification of the regulations in the particular case for Modification of Special Use Permit applications, or in approving a new Special Use Permit for existing development that requires a Special Use Permit."

We believe that in this case the University Mall Redevelopment application may be considered under the provisions of Section 18.7.1 as a Special Use Permit Modification. If the Council believes it is appropriate to apply Section 18.7.1 in this situation, the Council may find that the modifications to the regulations satisfy public purposes to an equivalent or greater degree. The Council may alternatively decide that the proposed modifications would not satisfy public purposes to an equivalent or greater degree.

We believe that the redevelopment of the University Mall site involves trade-offs. Because the mall was developed prior to the adoption of our current Development Ordinance standards, a number of the site characteristics are not in compliance with today’s standards. Typically, when we receive an application for redevelopment of a site, we would require that the new development bring all of the site characteristics into compliance with our current standards. In this case, the applicant proposes to improve many of the non-complying site characteristics, but does not propose to meet our current standards.

We believe it is desirable for improvements to occur at the University Mall. We believe that the improvements proposed will help maintain the economic viability of the mall, and that the aesthetics of the mall site will be improved.

We believe that public purposes would be satisfied to an equivalent or greater degree, by promoting the ongoing economic viability of one of Chapel Hill’s key commercial centers, by the reduction of impervious surfaces on the site, and by the improvement to the stormwater management system. Therefore, we believe that each of these modifications are justified in this case.

KEY ISSUES

Key issues raised on February 28 included the proposed site of the new K&W cafeteria building, access to the mall and church off of Willow Drive, hours of recycling pick-up operations, sidewalk/greenway issues, noise from HVAC equipment, ADA ramp off of Willow Drive, restrictions on construction traffic, more shading of parking lot, and location of bike racks. Also additional issues have arisen: bus access into the site, and a possible shift in location of the recycling center. We address each of these below.

Location of New K&W Building: The applicant has been meeting with representatives of Binkley Baptist Church. As a result of these meetings a revised site plan has been prepared that shifts the location of the new building, and adds pedestrian connections between the Mall and the church. A sketch of the revised site plan for this area is attached. We recommend that the Council include reference to this revision in its resolution of approval, if the Council decides to approve the application.

Willow Drive Entrance Adjacent to Church: Representatives of both the Mall and the church have expressed interest in combining the present two adjacent driveways into one. It is not yet clear whether or not that is feasible, but both parties appear interested. We believe that this combination would be desirable and have recommended a stipulation that requires the applicant to combine the driveways if agreement can be reached on design, access, and easements.

Hours of Operation for Recycling Collections: Neighbors have complained of early pick-up and suggested a limitation on service hours for the recycling containers on the site. We note that collection times are currently part of the schedule of Town operations, and that recycling services are likely soon to become a County operation. We suggest adding a stipulation as a condition of approval of this Special Use Permit that would prohibit recycling collection on this site between the hours of 9:00 pm and 8:00 am, or other hours as specified by the Chapel Hill Town Manager. We believe this restriction is reasonable because of the large number of containers that must be emptied and the prolonged period of truck operations required.

Greenway Easement: The Greenways Commission has suggested adding a condition of approval that would read: “The developer should grant an easement to the Town over any land it may own between Bolin Creek and Estes Drive.” Because there is uncertainty over ownership of that strip of land, we believe the stipulation suggested by the Greenways Commission is appropriate and desirable. We have added it to our recommended resolution of approval.

Sidewalk Construction: The Council has discussed the absence of a sidewalk along the south side of Estes Drive: both for the segment from the Community Center to Willow Drive, and from Willow Drive to Fordham Boulevard. The Greenways Commission recommends that the applicant be required to build this entire sidewalk. Other Advisory Boards did not address this point. We have recommended (and continue to recommend in the attached Resolution A) that the applicant contribute 50% of the cost of sidewalk along the south side of Estes Drive, between the Community Center and Fordham Boulevard. The applicant has objected to this condition. In view of the applicant’s objections, and based on discussion at the hearing, the Council may wish to consider an alternate stipulation that would require the applicant to participate in 50% of the cost of construction of a sidewalk from the Community Center to Willow Drive only.

Noise from HVAC Equipment: A Council member asked about possible noise impacts from operation of the HVAC equipment that serves the mall and proposed new buildings. The applicant responds with a description of plans for HVAC (please see attached letter from architect Jimmy Smith).

ADA Ramp off of Willow Drive: A Council member asked that a pedestrian ramp be installed that leads from Willow Drive into the mall site, at the mall’s driveway entrance that is closest to Estes Drive, constructed to meet the standards of the Americans with Disabilities Act. The applicant responds that the changes in grade and elevation in this area make the installation of such a ramp infeasible (please see attached letter).

Construction Traffic: A Council member asked that construction traffic related to this project be restricted to Estes Drive, and to the portion of Willow Drive between Fordham Boulevard and the mall driveway that is adjacent to Binkely Baptist Church (effectively prohibiting construction traffic on most of Willow Drive). We have included this as a condition in Resolution A.

Additional Shading in Parking Lot: A Council member suggested on February 28 that more landscaping in the interior areas of the parking lot is desirable, and that the site plan be adjusted to eliminate the proposed addition of extra lawn area adjacent to Estes Drive, in exchange for adding additional landscape islands in the interior of the parking lot. We do not recommend this shift; we believe that the interior of the parking lot areas will be enhanced with the additional islands that are currently proposed, and that the additional green space along Estes Drive would be an attractive enhancement to the site. If the Council decides to require the adjustment as suggested on February 28, it could insert the following condition of approval:

That the site plan be adjusted to delete the proposed addition of extra lawn area adjacent to Estes Drive, and to add the equivalent of that extra lawn area as landscaped islands in the interior of the parking lot areas on the site.

Location of Bike Racks: The Bicycle and Pedestrian Advisory Board has recommend that racks be installed for parking of 180 bicycles on the site (locations not specified). We recommended at the last Public Hearing that, instead of requiring 180 spaces, the applicant be required to install six bike racks, at the major entrances to the main mall building. On February 28 a Council member suggested that the number of bike racks at the main mall building be reduced to three, with an additional three racks installed at new buildings on the site. A Council member asked about installing bike racks in sheltered, lighted areas. The applicant has responded that, wherever feasible, the bike racks that are installed will be located underneath lighted canopies.

We have adjusted our recommendation to now include, in Resolution A, a condition that calls for six racks at entrances to the main mall building, and one additional rack near the main entrance of every new building on the site.

Bus Access: We want to be clear about the ability of Chapel Hill Transit buses to transverse the site, and have added a stipulation to Resolution A.

Location of Recycling Center: In the applicant’s most recent correspondence with us, he notes that a possible tenant objection could force the recycling center to shift to another nearby location on the mall site near the Texaco Station. (Please see attached letter and sketch.) We have added a stipulation to Resolution A authorizing this shift, if the Manager approves plans.

Recommendations

Advisory board recommendations are summarized below.

Greenways Commission Recommendation: The Greenways Commission recommends that the Council approve the application with the following stipulations:

The developer should build a sidewalk along the south side of Estes Drive.
The developer should grant an easement to the Town over any land that it may own between Bolin Creek and Estes Drive.

Transportation Board’s Recommendation: The Transportation Board reviewed this application on January 4, 2000, and voted 7-0 to recommend that the Council approve the application with adoption of Resolution B.

Planning Board’s Recommendation: The Planning Board reviewed this application on January 4, 2000, and voted 7-0 to recommend that the Council approve the application with adoption of Resolution C.

Community Design Commission’s Recommendation: The Community Design Commission reviewed this application on December 15, 1999, and voted 10-0 to recommend that the Council approve the application with adoption of Resolution D.

Bicycle and Pedestrian Advisory Board’s Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on January 11, 2000, amended the Board’s recommendation on February 22, 2000, and voted 6-0 to recommend that the Council approve the application with adoption of Resolution E. Resolution E includes stipulations requiring:

1. That secured, covered, illuminated bicycle parking areas distributed around the site be provided to accommodate approximately 180 bicycles (i.e. 10% of parking provided for autos) using Wave-type racks.

2. That signage be placed at all pedestrian crosswalks.

3. That a sidewalk be placed along the northernmost entrance driveway along Willow Drive in order to accommodate pedestrians.

4. That pedestrian walkways be added to each entrance to the site connecting to either the main mall structure or to other walkways in the parking lot areas.

5. That a sidewalk be constructed among the 15-501 frontage, either on University Mall property, or that a payment-in-lieu for construction at a future date be made.

6. That additional pedestrian walkways be added to connect the mall with the new K&W out-building and the Bank out-buildings.

7. That a payment-in-lieu be made to improve the existing crosswalk on Willow Drive with flashing lights.

We note that we have added stipulations to Resolution A requiring pedestrian crossing signs on the mall property, and one bicycle rack (accommodating eight bicycles) at each of the six entrances to the mall building.

Please refer to the attached Summary of Bicycle and Pedestrian Advisory Board Action.

Manager’s Revised Recommendation: Based on the information in the record to date, we believe the Council could make the findings required to approve the Special Use Permit Modification.

We recommend that the Council adopt Resolution A, approving the application with conditions. Resolution A includes the following stipulations, which have been added since the February 28 Public Hearing:

· Approval of a sketch submitted by the Church and the applicant which identifies site changes to the proposed K&W building, the parking lot circulation, dumpster area and access between the two properties (the sketch is titled Scheme A, Revised Site Plan @ K&W and dated March 2, 2000).

· Addition of a condition which states: That the developer shall reconfigure the Willow Drive driveway, in conjunction with the adjacent and parallel Binkley Church driveway, to combine the two driveways into one that provides access to both properties, if agreement is reached with the adjacent church regarding design, access and easements, and if the plans are approved by the Town Manager.

· Addiition of a stipulation about a greenway easement.

· Addition of a stipulation about recycling collection times.

· Addition of stipulation permitting buses to enter the site.

· Addition of a stipulation allowing a shift in the location of the recycling center.

We believe that providing parking for 180 bicycles would not be reasonable for this site. We will work with the applicant in preparation of final plans to achieve adequate signage about pedestrian crossings. We believe that the present configuration of walkways as proposed is acceptable. We do not recommend at this time installation of a flashing pedestrian light along Willow Drive.

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

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

Resolution D would approve the application as recommended by the Community Design Commission.

Resolution E would approve the application as recommended by the Bicycle and Pedestrian Advisory Board.

Adoption of Resolution F would deny the application.

DIFFERENCES AMONG RESOLUTIONS

ISSUE	Res. A Manager’s Revised Recomm.	Res. B Transp. Board Recomm.	Res. C Planning Board Recomm.	Res. D CDC Recomm.	Res. E Bike/Ped. Advisory Bd. Recomm.
Heavy-duty paving along all drive aisles used by transit vehicles	Yes	Yes	No	Yes	Yes
Relocation of storm drainage pipe, or waiver of Town’s liability for damage	Yes	Yes	No	Yes	Yes
Relocation of recycling center	No	*	*	Yes	*
Reorientation of Building A	No	*	*	Yes	*
ISSUE	Res. A Manager’s Revised Recomm.	Res. B Transp. Board Recomm.	Res. C Planning Board Recomm.	Res. D CDC Recomm.	Res. E Bike/Ped. Advisory Bd. Recomm.
Additional landscaping between Building B and Willow Drive	existing vegetation	*	*	Yes	*
All four sides of new buildings to have enhanced facade	CDC to review elevations	*	*	Yes	*
Non-visible HVAC equipment at new buildings	CDC to review elevations	*	*	Yes	*
Secured, covered, illuminated bicycle parking facilities for 180 bicycles	No (one bike rack at each entrance)	*	*	*	Yes
Pedestrian crossing signs on mall site	Yes	*	*	*	Yes
50% cost-sharing arrangement for sidewalk construction along south side of Estes Drive to be held in an escrow account	Yes	*	*	*	*
Authorization for pervious pavement construction	Yes	*	*	*	*
Approval of a Sketch Plan with Changes to the Proposed K&W Building and pedestrian access between the church and the mall	Yes	*	*	*	*
ISSUE	Res. A Manager’s Revised Recomm.	Res. B Transp. Board Recomm.	Res. C Planning Board Recomm.	Res. D CDC Recomm.	Res. E Bike/Ped. Advisory Bd. Recomm.
Authorizing reconfiguration of the Willow Drive Entrance with the church entrance, if agreed upon	Yes	*	*	*	*
Restricting times for servicing recycling containers	Yes	*	*	*	*
Requiring greenway easement across property owned by applicant	Yes	*	*	*	*
Restricting construction traffic	Yes	*	*	*	*
Allowing buses on site	Yes	*	*	*	*
Allowing shift in location of recycling center	Yes	*	*	*	*

* Not discussed during this advisory board’s review of the application and, therefore, not included in this resolution.

Attachments

A. Resolution A - Approving the Application (p. 11).

B. Resolution B - Approving the Application (p. 17).

C. Resolution C – Approving the Application (p. 22).

D. Resolution D – Approving the Application (p. 27).

E. Resolution E – Approving the Application (p. 32).

F. Resolution F – Denying the Application (p. 38).

G. Greenways Commission Recommendation (p. 39).

H. Scheme A, Revised Site Plan @ K&W and dated March 2, 2000 (p. 40).

I. February 28, 2000 Public Hearing Memorandum and related attachments (begin new page 1).

J. March 17 correspondence from applicant (begin new page 1).

RESOLUTION A

(Manager’s Revised Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE UNIVERSITY MALL REDEVELOPMENT

(2000-03-20/R-2a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by JS Architecture, PLLC, on property identified as Chapel Hill Township Tax Map 47, Block A, Lot 8, if developed according to the site plan dated December 7, 1999, and the Scheme A Revised Site Plan @ K&W Site Plan dated March 2, 2000, and conditions listed below, would:

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

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;

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

4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Council finds, in this particular case, that the following modifications to the regulations satisfy public purposes to an equivalent or greater degree:

1. Modification of Subsection 13.11.1 of the Development Ordinance to allow the proposed amount of floor area on the site.

2. Modification of Subsection 13.11.1 of the Development Ordinance to allow the proposed amount of outdoor space on the site.

3. Modification of Subsection 13.11.1 of the Development Ordinance to allow the proposed amount of livability space on the site.

4. Modification of Subsection 14.6.6 of the Development Ordinance to allow the proposed amount of parking lot shading on the site.

5. Modification of Subsection 14.12.6 of the Development Ordinance to allow the proposed perimeter landscape bufferyards.

6. Modification of Article 5 of the Development Ordinance to allow the existing and proposed construction within the Resource Conservation District.

Said public purpose being to promote the ongoing economic viability of one of Chapel Hill’s key commercial centers.

BE IT FURTHER RESOLVED that these findings are conditioned on the following:

Stipulations Specific to the Development

1. That construction begin by March 20, 2002 (two years from the date of Council approval) and be completed by March 20, 2005 (five years from the date of Council approval).

2. Land Use Intensity: That this Special Use Permit Modification authorizes construction of three new commercial buildings (for a total of eight buildings) and two small additions to the mall building, for a total of 420,748 square feet of floor area on the site. The Permit also authorizes relocation of the existing community recycling center, incorporation of landscaped islands into the parking lot design, and 1,791 parking spaces.

Required Improvements

3. Possible Willow Drive Entrance Adjustment: That the developer shall reconfigure the Willow Drive driveway, in conjunction with the adjacent and parallel Binkley Church driveway, to combine the two driveways into one that provides access to both properties, if agreement is reached with the adjacent church regarding design, access and easements, and if the plans are approved by the Town Manager.

4. Willow Drive Entrance: That the following improvements shall be made to the site entrance off Willow Drive, closest to the Binkley Baptist Church property:

¨ The curb radii shall be increased as much as possible within the restraints of existing conditions,

¨ The broken pavement in this area shall be replaced, and

¨ The cracked sidewalk in this area shall be replaced.

5. Drive Aisle: That the drive aisle along the east side of the Harris Teeter building shall be removed, and the adjacent landscaped island shall be expanded to enclose this area.

6. Parking Bay Elimination: That the parking bay near the end of the drive aisle which runs behind the Harris Teeter building shall be eliminated, and the adjacent landscaped island shall be expanded to enclose this area.

7. Landscaped Island Adjustment: That the landscaped island on the west side of the new recycling center shall be shortened enough to accommodate the transit vehicles’ turning movements through this area.

8. Estes Drive Sidewalk Construction: That the University Mall developer shall provide 50% of the cost of construction of a sidewalk along the south side of Estes Drive, between the Chapel Hill Community Center and Fordham Boulevard. The amount of this pavement shall be determined by the Town Manager during the Final Plans stage of the development and shall be based on costs at this time, and the payment shall be provided to the Town and placed in an escrow account prior to issuance of a Zoning Compliance Permit.

9. Pervious Pavement: That some or all of the drive aisles, parking spaces, and/or sidewalks may be constructed of pervious pavement if the material, construction and design are approved by the Town Manager.

10. Bicycle Parking: That one bicycle rack (accommodating eight bicycles) shall be installed near each of the six main entrances to the Mall building.

11. Pedestrian Crossing Signage: That signage indicating a pedestrian crossing shall be installed at each of the mall entrances, marking the path taken by pedestrians between the parking lot and the Mall’s entrance doors.

Stipulations Related to Buffers and Landscaping

12. Landscape Plan Approval: That a detailed Landscape Plan, including landscape maintenance schedule, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

13. Landscape Protection Plan: That a detailed Landscape Protection Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

14. Shade Trees: That the majority of new shade trees on the site shall not be willow oak trees.

15. Retaining Wall and Fence: That the low timber retaining wall adjacent to the Binkley Baptist Church property shall be repaired; and that the existing fence between Building A and Fordham Boulevard shall be repaired or replaced.

Stipulations Related to Fire Safety

16. Fire Sprinkler Systems: That fire sprinkler systems shall be installed in Buildings A and B, and that the Fire Department connections to the systems shall be approved by the Fire Marshal prior to issuance of a Zoning Compliance Permit.

17. Fire Hydrant Spacing: That the spacing between fire hydrants on the site shall not exceed 500 feet.

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

Stipulations Related to Solid Waste Management

19. Solid Waste Management Plan: That a Solid Waste Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The Plan shall include provisions for cardboard recycling, grease recycling, and measures for managing and minimizing construction debris.

20. Cardboard Recycling: That cardboard recycling capacity shall be provided at the waste area to be constructed behind the Harris Teeter building.

21. Food Waste: That facilities for segregated food waste collection shall be provided at Building A and in the waste area to be constructed behind the Harris Teeter building.

22. Recycling Center: That no demolition or construction shall be allowed in the area of the existing recycling center until such time as the new community recycling center is complete and accepted by the Town.

Stipulations Related to Storm Drainage

23. Storm Drainage Facilities: That the Town Manager shall approve Final Plans for the proposed storm drainage and bioretention facilities.

24. Stormwater Runoff in Recycling Center Area: That the Final Plans for the proposed community recycling center shall indicate that stormwater runoff will not pool in the staging and collection area.

25. Storm Drainage Pipe Relocation: That the storm drainage pipe under the new dumpster pad behind the Harris Teeter building shall be relocated. Alternatively, a note shall be added to the plans indicating that the Town will not be held responsible for any damage that may be caused by service vehicles.

Miscellaneous Stipulations

26. Transportation Management Plan: That prior to issuance of a Zoning Compliance Permit, the Town Manager shall approve a Transportation Management Plan for the development. The required components of the Transportation Management Plan shall include:

¨ Provision for designation of a Transportation Coordinator;

¨ Provisions for an annual Transportation Survey and Annual Report to the Town Manager;

¨ Quantifiable traffic reduction goals and objectives;

¨ Ridesharing incentives; and

¨ Public transit incentives.

The property owner shall include details of this stipulation in the sale or division of property on the site. The owner shall also be required to include language in all tenant agreements, detailing the requirement to cooperate in the annual Transportation Survey and Annual Report.

27. Heavy-Duty Pavement: That the drive aisles used by transit vehicles (as indicated on sheet C1.2 of the approved plans) shall be constructed with heavy-duty pavement.

28. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, Public Service Company, BellSouth and the Town Manager before issuance of a Zoning Compliance Permit.

29. Community Design Commission: That the Community Design Commission shall approve the building elevations and site lighting plan (including lighting for the community recycling center) prior to issuance of a Zoning Compliance Permit.

30. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plans, and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and standards of the Development Ordinance and Design Manual.

31. Erosion Control: That, if necessary, a soil erosion and sedimentation control plan shall be approved by the Orange County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to issuance of a Zoning Compliance Permit.

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

33. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.

34. Collection Times at Recycling Center: That servicing of recycling containers on this site shall be prohibited between the hours of 9:00 pm and 7:00 am, or other hours as specified by the Town Manager.

35. Greenway Easement: That a pedestrian and non-motorized vehicle easement shall be granted over any land that this property owner owns between Bolin Creek and Estes Drive.

36. Construction Traffic: That construction traffic related to this site be prohibited on Willow Drive, for the segment between Estes Drive and the mall entrance closes is Binkley Baptist Church.

37. That Chapel Hill transit vehicles be permitted to enter and traverse the site along the route indicated on plan page C1.2, or such other route that may be proposed by the property owner and approved by the Town Manager, to provide transit service for both regular routes and special events.

38. That the location of the new recycling center may be shifted so as to be placed directly west of the existing service station, if plans for that location are approved by the Town Manager.

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

40. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit Modification for the University Mall Redevelopment.

This the 20th day of March, 2000.

RESOLUTION B

(Transportation Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE UNIVERSITY MALL REDEVELOPMENT

(2000-03-20/R-2b)

(