Prestwick Place

An application seeking approval of a Special Use Permit has been filed by Morris Commercial. The application proposes the construction of a 22,000 square-foot office building on a 2.39-acre site that is located at 190 Finley Golf Course Road. The site is located at the intersection of Prestwick Road and Finley Golf Course Road, south of the Aurora Restaurant and east of University Inn. The property is located in the Community Commercial (CC) zoning district and the Watershed Protection District.

Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of this application, and further to receive evidence which the Council may consider as it determines any appropriate conditions to impose upon the proposed development.

PROCESS

The Development 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 Development 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.

CONTIGUOUS PROPERTY

One of the findings that the Council must make when considering a Special Use Permit Modification application is:

That the use of 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.

Contiguous Property: Property adjoining, neighboring, and nearby the outer boundary of a proposed development. For development proposals that are small in scale and similar in proposed use to existing uses in the immediate vicinity, contiguous property shall be construed to be those properties immediately adjacent. For large development proposals and/or proposed uses that are significantly different from existing uses nearby, or proposals that have significant topographic features that could impact nearby properties, contiguous property shall be construed to include those properties in a larger area, and those likely to experience negative impacts resulting from the proposed development. But in every case, for a proposal over 10 acres but less than 100 acres, at a minimum all property within 500 feet shall be considered contiguous; for development proposals that are over 100 acres, at a minimum all properties within 1,000 feet shall be considered contiguous.

The Town Attorney has advised that the Council should specify what area it considers to be contiguous property for each Special Use Permit application that comes before the Council for consideration. Therefore, based on the Town Attorney’s advice to the Council, we suggest that prior to recessing the hearing this evening the Council discuss and determine by vote what should be considered contiguous property for this application. The attached Resolution F provides a format for determining the definition of contiguous property for this application.

Description of the Application

The 2.39-acre site is located at 190 Finley Golf Course Road, northwest of the intersection of Prestwick Road and Finley Golf Course Road. The property is located in the Community Commercial (CC) zoning district and the Watershed Protection District. The site is identified as Chapel Hill Township Tax Map 65, Block C, Lot 3.

Existing Conditions: The 2.39-acre site is located west of Finley Golf Course Road, and north of Prestwick Road. The site is approximately 350 feet south of NC Highway 54. The Aurora Restaurant and McLean Construction Company are located immediately north of the proposed development site, while the University Inn is located east of the site. The Oaks neighborhood is generally located north of the site (across NC Highway 54), while the UNC Golf Course and Meadowmont Office Park are located east of the site.

The site is currently developed with a 4,000 square-foot building, and approximately 4,800 square feet of vehicular and pedestrian areas. The remainder of the site is undeveloped. The existing building on the site was constructed prior to the adoption of the present Development Ordinance. The site is generally flat, with no unusual topographic features. There are no streams or ponds on the site, or adjacent to the site.

The eastern portion of the site has frontage on Finley Golf Course Road, which presently is a two lane, paved road with a ditch, located in a 60-foot public right-of-way. The southern portion of the site has frontage on Prestwick Road, which is an unpaved gravel road located in a 50-foot public right-of-way.

Development Description: This Special Use Permit application proposes construction of a new two-story 22,000 square-foot building on the site, with 79 additional parking spaces. The total site would include two buildings, 26,000 square feet of floor area, and 85 parking spaces. The applicant is proposing that a total of 8,000 of the 26,000 square feet of floor area would be for clinic uses, with the remaining floor area (18,000 square feet) to be used for office uses.

Access to the site would be provided from Finley Golf Course Road and Prestwick Road. The applicant is proposing to install a new sidewalk along Finley Golf Course Road, and to provide a meandering pedestrian trail that generally runs along the property’s frontage on Prestwick Road. Additional sidewalks are provided throughout the site, and a bicycle parking area is located in the northwest portion of the site.

A Special Use Permit is required for this development, because of the proposed amount of floor area and land disturbance. The existing building on the site was constructed prior to the adoption of the Town’s present Development Ordinance, and does not meet the minimum thresholds that require approval of a Special Use Permit.

Evaluation of the Application

We have evaluated the application regarding its compliance with the standards and regulations of the Development Ordinance. We have prepared a Planning Staff Report that discusses intensity standards, access and circulation, parking, building elevations, buffers and landscaping, refuse management, utilities, and fire safety (and is included as an attachment to

this memorandum). A checklist describing compliance with regulations is also provided as an attachment to this memorandum.

Based on our evaluation, our preliminary recommendation is that the application as submitted complies with the regulations and standards of the Development Ordinance.

Tonight the Council receives our attached evaluation, and also receives information submitted by the applicant and others. The applicant’s materials are included as attachments to this memorandum. We have not received any other written information from any other citizens as yet. Staff, applicant, and others may provide information at the Public Hearing. All information that is submitted will be placed into the record of this Public Hearing.

Based on the evidence that is accumulated, 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:

Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of, and in opposition to this application. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Development 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.

Based on the review of this development application by Town advisory boards and the Town staff, we believe that several key issues have been identified. These issues are further discussed as follows:

Potential TTA Transit Corridor: We understand that the Triangle Transit Authority (TTA) has selected Prestwick Road as the future location for a potential transit corridor, and has requested an additional 30 feet of right-of-way (15 feet on either side of the existing right-of-way) for this corridor. The applicant has proposed to grant the 15 feet of additional right-of-way at such time that it is confirmed that the TTA is prepared to implement their plan and construct the corridor.

Manager’s Comment: The Manager’s preliminary recommendation is that the applicant be required to dedicate an additional 15 feet of right-of-way along the site’s Prestwick Road frontage, at such time that the TTA moves forward with construction of the corridor and requests this additional right-of-way in writing from the owner. We note that the dedication of this right-of-way would effectively eliminate the applicant’s proposed 15-foot external Type ‘A’ buffer. Accordingly, we have included a stipulation requiring the applicant to recreate a conforming 15-foot external Type ‘A’ buffer at such time when this additional 15 feet of right-of-way is dedicated to TTA. We note that this will necessitate the approval of a new alternative buffer for the portion of the Prestwick Road frontage adjacent to the proposed stormwater detention pond. Finally, we also believe that this right-of-way dedication may also necessitate changes to the applicant’s proposed on-site stormwater detention facility. We have included a stipulation in Resolution A, that requires the applicant to make appropriate adjustments for these potential changes, at such time when the right-of-way dedication occurs.

Summary of Comments

We have attached a resolution that includes standard conditions of approval, as well as special conditions that we recommend for this application. The key special conditions that we recommend are summarized here and described in detail in the accompanying staff report. With these conditions, we believe that the Council could make the findings regarding health, safety and general welfare, property values, and consistency with the Comprehensive Plan:

· That the applicant shall install curb and gutter and a 5-foot concrete sidewalk along the site’s Finley Golf Course Road frontage.

· That the applicant shall pave Prestwick Road and install a public 5-foot meandering pedestrian path along the site’s Prestwick Road frontage. For locations where the path meanders outside of the public right-of-way, a dedicated easement shall be required to ensure public access as well as accessibility for Town maintenance, as needed.

· That a permanent detention/retention pond shall be provided to serve this site, in order to fulfill both stormwater management and water quality requirements.

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:

1. Applicant accepts and records the 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:

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

4. Final Plat is reviewed and approved by Town staff. Plat is recorded at the Orange County Register of Deeds office.

5. 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;

6. Engineering Department issues an Engineering Construction Permit, authorizing work within the public right-of-way; and

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

Recommendations

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

Planning Board Recommendation: The Planning Board reviewed this application on December 5, 2000, and voted 7-0 to recommend that the Council approve the application with adoption of Resolution B. (Note: Resolution B was previously identified as Resolution A at the time of the Planning Board’s meeting on December 5, 2000). There were no significant issues raised at the meeting. Please see the attached Summary of Planning Board Action.

We note that Resolution A differs from Resolution B in that it includes several recommendations not discussed by the Planning Board on December 5, 2000.

Transportation Board Recommendation: The Transportation Board reviewed this application on December 5, 2000, and voted 8-0 to recommend that the Council approve the application with the adoption of Resolution C. Please see the attached Summary of Transportation Board Action.

Resolutions A and C include the following recommended conditions of the Transportation Board:

Ø That the bicycle lockers be relocated closer to the building, such that the lockers are located no further from the building than 50% of the automobile parking.

Ø That a Transportation Management Plan be provided for this site, prior to the issuance of a Zoning Compliance Permit.

Ø That a crosswalk and pedestrian signal be installed at the NC Highway 54/Finley Golf Course Road intersection.

We note that Resolution A differs from Resolution C in that it includes several recommendations not discussed by the Transportation Board on December 5, 2000.

Community Design Commission Recommendation: The Community Design Commission reviewed this application on November 1, 2000, and voted 10-0 to recommend that the Council approve the application without reference to a specific Resolution. Please see the attached Summary of Community Design Commission Action.

Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on January 2, 2001, and voted 5-0 to recommend that the Council approve the application with the adoption of Resolution D. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.

Resolutions A and D include the following recommended conditions of the Bicycle and Pedestrian Advisory Board:

Ø That the applicant provide secured and covered bicycle parking closer to the entrance of the building.

Ø That zebra-striped pedestrian crosswalks be installed at the intersection of NC Highway 54 and Finley Golf Course Road, including bicycle sensors, pedestrian push button, and pedestrian signal heads.

Ø That the proposed sidewalk along Finley Golf Course Road at the proposed driveway entrance be extended westward to connect with the internal sidewalk system. In addition, crosswalks or contrasting pavement shall be utilized through the parking lot to connect internal sidewalks.

Resolution D also includes the remaining recommended conditions of the Bicycle and Pedestrian Advisory Board:

Ø That pedestrian crossing times be increase for the four intersection approaches at the intersection of Finley Golf Course Road and NC Highway 54.

Staff Comment: We believe that the timing of pedestrian crossing is a technical matter that needs to be addressed separately from this application, as part of the Town’s Traffic Signal System. We believe that it would not be appropriate to require this change as part of the review and approval of this application.

Ø That the building be designed with entrances on both the north and south sides. The southern entrance shall face Prestwick Road and have connections to the proposed meandering pedestrian path.

Staff Comment: We do not believe that the Town has the ability to require the applicant to make this type of revision to the internal floor plan.

Ø That sidewalks shall be installed on Finley Golf Course Road from the Botanical Gardens to NC Highway 54, to promote pedestrian access.

Staff Comment: We do not believe that there is sufficient justification to warrant such an off-site improvement as part of the review and approval of this development application.

Ø That a 3-way stop shall be installed at the intersection of Hamilton Road and Prestwick Road to insure the safety of Glenwood Elementary foot and vehicular traffic.

Staff Comment: We do not believe that vehicular or pedestrian traffic at this intersection presently warrants the installation of stop signs at this intersection.

Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary conclusion is that the application complies with standards and regulations of the Development 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 four required findings for the approval of a Special Use Permit, we recommend that the application be approved with the adoption of Resolution A.

Resolution B would approve the application based on the Recommendation of the Planning Board.

Resolution C would approve the application based on the Recommendation of the Transportation Board.

Resolution D would approve the application based on the Recommendation of the Bicycle and Pedestrian Advisory Board.

Resolution F would determine the definition of contiguous property for this application.

PRESTWICK PLACE - SPECIAL USE PERMIT

DIFFERENCES AMONG RESOLUTIONS

*This issue was not discussed during this advisory board’s review of the application and is not included in this resolution.

SUBJECT: Public Hearing: Prestwick Place – Application for a Special Use Permit

We have received and reviewed an application for a Special Use Permit to allow the construction of a 22,000 square-foot building on a 2.39-acre site that is located at 190 Finley Golf Course Road. The site is located at the intersection of Prestwick Road and Finley Golf Course Road, south of the Aurora Restaurant and east of University Inn.

The site presently includes an existing 4,000 square-foot office building with 6 parking spaces. The proposed development would include the construction of a two-story 22,000 square-foot building and 79 new parking spaces. The total development would include 26,000 square feet of floor area, and 85 parking spaces.

The property is located in the Community Commercial (CC) zoning district and the Watershed Protection District. The site is located in Orange County and is identified as Chapel Hill Township Tax Map 65, Block C, Lot 13.

The Town staff has reviewed this application for compliance with the standards of the Development Ordinance and Design Manual and offers the following evaluation.

There are no streams or ponds on the site, or adjacent to the site. The proposed development is located in the Town’s Watershed Protection District.

Development Description: This Special Use Permit application proposes construction of new two-story 22,000 square-foot building on the site, with 79 additional parking spaces. The total site would include two buildings, 26,000 square feet of floor area, and 85 parking spaces. The applicant is proposing that a total of 8,000 of the 26,000 square feet of floor area would be for clinic uses, with the remaining floor area (18,000 square feet) to be used for office uses.

Intensity Standards: The proposed project would meet the Development Ordinance’s standards for floor area, outdoor space and livability space, in accordance with the existing Community Commercial zoning district.

Access and Circulation: Vehicular access to the site is proposed from both Finley Golf Course Road and Prestwick Road. The applicant is proposing to construct curb and gutter along the western edge of Finley Golf Course Road, with a 5-foot concrete sidewalk. The applicant is also proposing to pave Prestwick Road (without curb and gutter), and to provide a meandering 5-foot asphalt pedestrian path that generally runs along the property’s frontage on Prestwick Road.

We are concerned about the potential disruption to existing trees and landscaping along Prestwick Road, based on the proposed construction of the meandering asphalt pedestrian path. We have included a stipulation in Resolution A, recommending that the applicant develop a Landscape Protection Plan that will minimize disruption to existing vegetation during the construction of this proposed path. In addition, we are concerned that the meandering path is located outside of the public right-of-way. In particular, the Town is unable to provide maintenance for this pedestrian path if it is located on private property. We believe that it is preferable to provide an easement for this path that would allow for public access and Town maintenance. We have included this stipulation in Resolution A.

Transit Corridor: We understand that the Triangle Transit Authority (TTA) has selected Prestwick Road as the future location for a potential transit corridor, and has requested an additional 30 feet of right-of-way (15 feet on either side of the existing right-of-way) for this corridor. The applicant has agreed to grant the 15 feet of additional right-of-way at such time that it is confirmed that the TTA is prepared to implement their plan and construct the corridor.

We have included a stipulation in Resolution A that would require the applicant to dedicate an additional 15 feet of right-of-way along the site’s Prestwick Road frontage, at such time that the TTA moves forward with construction of the corridor and requests this additional right-of-way in writing from the owner. We note that the dedication of this right-of-way would effectively eliminate the applicant’s proposed 15-foot external Type ‘A’ buffer. Accordingly, we have included a stipulation requiring the applicant to recreate a conforming 15-foot external Type ‘A’ buffer at such time when this additional 15 feet of right-of-way is dedicated to TTA. We note that this will necessitate the approval of a new alternative buffer for the portion of the Prestwick Road frontage adjacent to the proposed stormwater detention pond. Finally, we note that this right-of-way dedication may also necessitate changes to the applicant’s proposed on-site stormwater detention facility. We have included a stipulation in Resolution A, that requires the applicant to make appropriate adjustments for these potential changes, at such time when such right-of-way dedication occurs.

Vehicular Parking: Based on the proposed mix of office and clinic uses for this site, the Town’s Development Ordinance requires the following minimum number of parking spaces in a Community Commercial (CC) zoning district:

Use	# Square Feet	Parking Ratio	Required # Spaces
Office	18,000	1 space per 350 s.f.	52
Clinical	8,000	1 space per 250 s.f.	32
Total:	26,000		84

Bicycle Parking: The applicant is proposing to provide an exterior bicycle parking area in the northwest portion of the site. On October 11, 2000, the Town Council adopted new bicycle parking requirements as part of the Town’s Design Manual. In particular, the amended Design Manual requires that bicycle parking spaces be provided for 10% of the vehicular parking spaces. Based on a total of 85 proposed vehicular parking spaces, a minimum of nine (9) bicycle parking spaces shall be provided on this site. The Ordinance further specifies that a minimum of seven (7) of these bicycle parking spaces shall consist of “a locker, individually locked enclosure, or supervised area within a building that provides protection of bicycles therein from theft, vandalism and weather.” The Ordinance specifies that a minimum of two (2) external secured, covered and illuminated bicycle parking spaces shall be provided on the site. We have included these stipulations in Resolution A.

Traffic Impact: The applicant has provided a Traffic Impact Analysis for this development. The analysis concludes the following:

“Analyses indicate the signalized intersection of NC 54 and Finley Golf Course Road/Burning Tree Drive currently operates at LOS B in the AM and PM peak hours. The approved Meadowmont development has committed to adding and eastbound and westbound through lane on NC 54 between Burning Tree Drive and Barbee Chapel Road. This widening is scheduled to be completed by the end of the summer in year 2000. For the 2001 no-build condition, the intersection is expected to operate at LOS B in the AM and PM peak hours with the previously mentioned improvement. For the 2001 build-out conditions, the intersection is expected to continue to operate at LOS B in the AM and PM peak hours with the previously mentioned improvement.”

Editor’s Note: The scheduled widening of NC Highway 54 was not completed by the end of last summer (2000). The project is still under construction, but has been delayed due to weather conditions.

“Analyses indicate that the unsignalized intersection of Prestwick Road and Finley Golf Course Road currently operates acceptably during the AM and PM peak hours. For the year 2001 traffic condition, the intersection is expected to continue to operate acceptably in the AM and PM peak hours.”

“Analyses indicate that the unsignalized intersection of the Site Driveway and Finley Golf Course Road will operate acceptably during the AM and PM peak hours for the year 2001 traffic condition.”

We believe that the applicant’s Traffic Impact Analysis is accurate, and that the proposed development has an insignificant impact on the adjacent street network when compared to the no-build scenario.

Buffers and Landscaping: The following landscape buffers are required by the Town’s Development Ordinance:

The applicant is proposing to provide these buffers on the site, except along the portion of Prestwick Road that would be adjacent to the proposed stormwater detention pond. In this area, for approximately 100 feet, the applicant has requested approval of an alternative buffer. We have included our standard stipulation requiring that this alternative buffer be approved by the Community Design Commission.

We also note that the Town’s Development Ordinance calls for 35% shading of parking lots. The applicant is proposing to install 13 parking lot shade trees that are a minimum of 2” in caliper when installed. We believe that this proposal is acceptable to meet the Town’s parking lot shading requirement.

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. This recommendation is included in Resolution A.

Stormwater Management: The applicant proposes to provide a stormwater detention facility to meet the Town’s requirement that on-site stormwater be detained so that the post-development stormwater runoff rate does not exceed the pre-development rate. A detention/retention basin is proposed in the southeast corner of the site. We have included our standard stipulation in Resolution A, requiring Town Manager approval of a Stormwater Management Plan prior to issuance of a Zoning Compliance Permit for this development. The plan will be based on the 25-year storm.

Watershed Protection District & Stormwater Management: This site is located within the Town’s Watershed Protection District and, therefore, must comply with either the low-density or high-density options of the Development Ordinance. The applicant has chosen to comply with the high-density option, which requires that built-upon area on the site not exceed 50 percent of the gross land area, and that the applicant provide an on-site water quality retention basin that would control stormwater runoff from the first inch of rainfall. The applicant’s materials indicate that 43.7 percent of the site would include built-upon area (impervious surfaces). Consequently, the applicant has proposed to utilize a combined detention/retention pond to meet both stormwater detention requirements (noted above) and Watershed Protection District water quality requirements, in accordance with the high-density option. We have included our standard stipulations in Resolution A regarding the stormwater retention pond conformance with the regulations of the Watershed Protection District.

Bio-Retention: The applicant has not proposed to incorporate any bio-retention areas into the site plan. We believe that a bio-retention area is practical and desirable on this site, and have included a stipulation requiring the applicant to incorporate a bio-retention area into the site plan, subject to approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.

Refuse Management: The applicant is proposing to provide refuse collection for this site with a shared dumpster facility located on the neighboring Aurora/McLean Construction Company site. Refuse collection would be provide by the Town of Chapel Hill, and recycling facilities would be serviced by Orange Community Recycling.

We believe that this proposed refuse/recycling collection approach is acceptable. Accordingly, we recommend that a joint access agreement be developed with the adjacent property owner(s) to assure that the refuse and/or recycling containers may be serviced across property lines and, that all parties may use the proposed trash/recycling area(s). We recommend that this written agreement be approved by the Town and recorded at the Register of Deeds Office prior to issuance of a Zoning Compliance Permit. We have included this stipulation in Resolution A.

We have also included our standard stipulations requiring (1) that a Solid Waste Management Plan be developed for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit, (2) that all drive aisles which provide access to the dumpster compactor, future dumpsters and recycling facilities, be constructed with heavy duty pavement.

Utilities: We recommend that detailed utility plans be reviewed and approved by OWASA, Duke Power Company, BellSouth, Public Service Company, and the Town Manager prior to issuance of a Zoning Compliance Permit. We have included this standard stipulation in Resolution A.

Fire Safety: We have included our standard stipulation in Resolution A 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.

We note that it is Town Policy that all structures shall be located within 500 feet of a fire hydrant. In addition, we note that the Town seeks to maintain a 50-foot maximum distance between fire hydrants and fire department connections (which are located on the street side of buildings with internal sprinkler systems).

Erosion Control: We recommend that an erosion control plan for the site be approved by the Orange County Erosion Control Officer, and be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit.

Miscellaneous: We have also included a stipulation requiring that no open burning associated with this development shall be permitted.

Comprehensive Plan: On May 8, 2000, the Town Council adopted a revised Comprehensive Plan that identifies this area for commercial uses. The proposed development application proposes 26,000 square feet of floor area (22,000 square feet of office space and 4,000 square feet of clinic space). The site is presently zoned Community Commercial (CC). Office and clinical uses are permitted uses in the Community Commercial zoning district.

Special Use Permit Findings: For approval of a Special Use Permit, the Council must make the following findings, as set forth in Section 18.2 of the Development Ordinance:

(a) 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.

(b) 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.

(c) 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;

(d) 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.

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 Development Ordinance and Design Manual, and that the proposal fulfills the purposes of the Comprehensive Plan.

Special Use Permit Application

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR PRESTWICK PLACE

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Morris Commercial and The John R. McAdams Company, Inc., on property identified as Chapel Hill Township Tax Map 65, Block C, Lot 5, if developed according to the site plan prepared on June 27, 2000, and revised on November 16, 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 Town Council hereby approves the application for a Special Use Permit for Chapel Ridge in accordance with the plans listed above and with the conditions listed below:

1. That construction begin by ________________ (two years from the date of Council approval) and be completed by ____________ (three years from the date of Council approval).

2. Land Use Intensity: This Special Use Permit authorizes construction of a new two-story 22,000 square-foot office building on a site with an existing 4,000 square-foot office building, specified as follows:

3. Town Standards: That all streets, parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards.

4. Finley Golf Course Road Improvements: That the applicant shall install curb and gutter and a 5-foot concrete sidewalk along the site’s Finley Golf Course Road frontage.

5. Prestwick Road Improvements: That the applicant shall pave Prestwick Road and install a 5-foot meandering pedestrian path along the site’s Prestwick Road frontage.

6. Meandering Pedestrian Path: That a dedicated easement shall be provided for the meandering pedestrian path that will allow public access and provide sufficient accessibility for Town maintenance, as needed.

7. Pedestrian Crosswalks: That zebra-striped pedestrian crosswalks be installed at the intersection of NC 54 and Finley Golf Course Road, including bicycle sensors, pedestrian push button, and pedestrian signal heads.

8. Sidewalk Adjustment: That the proposed sidewalk along Finley Golf Course Road at the driveway entrance be extended westward to provide a connection to the internal sidewalk system. In addition, crosswalks or contrasting pavement shall be utilized through the parking lot to connect internal sidewalks.

9. Bio-Retention: That a bio-retention area shall be incorporated into the site plan, subject to the approval of the Town Manager, prior to issuance of a Zoning Compliance Permit.

10. Triangle Transit Authority: That in the event that the Triangle Transit Authority (TTA) requests additional right-of-way along this site’s Prestwick Road frontage by written notice to the property owner, the owner shall dedicate up to 15 feet of additional right-of-way (as determined by TTA) at such time when it is confirmed that TTA is prepared to implement a transit corridor in this location. Accordingly, if and when such right-of-way dedication occurs, the property owner shall be required to implement the following stipulations:

A. That the 15-foot external Type ’A’ landscape buffer shall be recreated in accordance with current Town guidelines.

B. That, if needed, a new alternative buffer shall be approved by the Community Design Commission and the Town Manager, for the portion of the right-of-way adjacent to the stormwater detention facility.

C. That the owner shall either (1) provide documentation to the Town Manger verifying that the dedicated right-of-way does not reduce the capacity or functionality of the on-site stormwater detention facility, or alternatively (2) apply for a Zoning Compliance Permit to make appropriate changes to the stormwater detention facility to be in conformance with the Town Stormwater guidelines and Watershed Protection District regulations that are in effect at such future date.

11. Recorded Plat: That a plat be recorded at the Orange County Register of Deeds which (1) documents all easements on the site, including those for the pedestrian path and the stormwater detention facility, and (2) documents the additional Triangle Transit Authority right-of-way dedication requirement, prior to the issuance of a Zoning Compliance Permit.

12. Bicycle Parking: That a minimum of seven (7) bicycle spaces shall be provided that consists of a locker, individually locked enclosure, or supervised area within a building that provides protection of bicycles therein from theft, vandalism and weather. In addition, a minimum of two (2) external secured, covered and illuminated bicycle parking spaces shall be provided on the site.

13. Location of Bicycle Parking: That bicycle parking lockers/spaces shall be provided closer to the building, such that the they are no further from the building than 50% of the automobile parking located on this site.

14. Shower Facilities: That a shower facility with lockers shall be provided in the new building.

15. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

16. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating any rare and specimen trees that will be removed and/or preserved and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. In addition, the applicant shall indicate how disruption to existing vegetation will be minimized during the construction of the proposed pedestrian path.

17. Landscape Bufferyards: That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirement, the vegetation shall be protected by fencing from adjacent construction:

18. Planting Strips: That five-foot wide planting strips shall be provided between parking areas and each building.

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

20. Utility Lines: That all utility lines, other than 3-phase electric power distribution lines, shall be underground.

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

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

23. Heavy-Duty Paving: That all drive aisles that provide access to the dumpsters and recycling facilities, be constructed with heavy-duty pavement.

Stormwater Mangement/Quality Stipulations

24. Stormwater Management Plan: That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a 25-year storm, the post-development stormwater run-off rate shall not exceed the pre-development rate.

A. That a stormwater retention pond be in place prior to the issuance of any Certificate of Occupancy.

B. Compliance with the Town Watershed Protection District regulations shall be demonstrated with the provision of the permanent pond. Permanent stormwater retention shall be required in accordance with the requirements of the Development Ordinance.

C. The size, accessibility, location, and design of the pond shall be approved by the Town Manager.

D. The wet retention pond shall meet or exceed the North Carolina Division of Environmental Management requirements and shall be designed so as to be approved by the Division of Environmental Management, the North Carolina Division of Water Quality, the Army Corps of Engineers, and the Town Manager.

E. The property owner shall post a performance bond or other surety instrument satisfactory to the Town, in an amount approved by the Town Manager, to assure maintenance, repair, or reconstruction necessary for adequate performance of the engineered stormwater controls.

F. The property owner or Owners’ Association shall be responsible for arranging for annual inspections of the pond by an appropriately certified engineer, to determine whether the pond and associated structures are operating acceptably according to design requirements, and to report findings of said inspections to the Town Manager, with such recommendations for maintenance or repair as may be warranted. Any needed repairs shall be completed within 120 days unless otherwise approved by the Town Manager. Restrictive covenants shall be recorded which shall identify these responsibilities of the property owner or Owners’ Association, including pond maintenance.

G. Maintenance of the pond shall be the responsibility of the property owner or an owners’ association. A maintenance plan shall be provided for the retention pond, to be approved by the Town Manager. The plan shall address inspection, maintenance intervals, type of equipment required, access to the pond, and related matters.

H. All sediment deposited in the pond during construction activity on the site must be removed before “normal” pond operation begins.

I. Emergency drains shall be installed in the pond to allow access for repairs and sediment removal as necessary.

J. Anti-seepage collars shall be used on any structures penetrating dams or water retaining embankments.

K. Public storm drainage systems, or other utilities, shall not be located within the pond or dam structure.

L. That the retention pond and outlets be contained within stormwater drainage easements and that maintenance access with easements be provided prior to issuance of a Certificate of Occupancy.

Miscellaneous Stipulations

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

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

27. Community Design Commission Approval: That the Community Design Commission shall approve the building elevations, the lighting plan for the site, and any alternative buffers, prior to the issuance of a Zoning Compliance Permit.

28. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are complete, and that a note to this effect shall be placed on the final plat.

29. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), 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 design standards of the Development Ordinance and Design Manual.

30. Erosion Control: 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.

31. Open Burning: That no open burning shall be permitted during the construction of this development.

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. The construction sign may have a maximum of 32 square feet of display area and may not exceed 8 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.

34. Plant Rescue: That the applicant is encouraged to conduct a “plant rescue” for this site, after the issuance of a Zoning Compliance Permit and prior to the start of construction.

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

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