AGENDA #10

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Wachovia Bank at Meadowmont – Application for Special Use Permit

DATE: February 12, 2001

INTRODUCTION

Tonight the Council continues the Public Hearing from January 16, 2001, regarding the Special Use Permit application to construct a bank on a 1.6-acre site at the northeast corner of NC 54 and East Barbee Chapel Road in the Meadowmont Development. Adoption of Resolutions A, B, C, D, or E would approve the 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 January 16 Public Hearing, and a copy of the Public Hearing memorandum and its related attachments.

Background

On January 16, 2001, a Public Hearing was held for consideration of a Special Use Permit application to authorize construction for a bank on a 1.6-acre tract in the Meadowmont development at the northeast corner of Highway NC 54 and East Barbee Chapel Road. Questions regarding the application were raised during the Public Hearing, and the Hearing is being reopened tonight to receive applicant and staff responses to these questions. We note that, on January 16, the Council determined that contiguous property would be defined as those properties adjacent to this site.

This is an application for a Special Use Permit. 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 regarding its compliance with the standards and regulations of the Town’s Development Ordinance; we have presented a report to the Planning Board; and on January 16^th we submitted our report and recommendation to the Council.

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. However, in the case where a Special Use Permit is requested for a parcel of land covered by an approved and valid Master Land Use Plan, and the proposed development is consistent with the Master Land Use Plan, then a rebuttable presumption shall be established that the Council can make three of the four findings of fact (findings a), c) and d) as defined in Section 18.3) required for a Special Use Permit.

Evidence was presented on January 16^th and additional evidence may be presented tonight. If, after consideration of the evidence, the Council decides that it can make the necessary 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 the findings, then the application cannot be approved and accordingly should be denied by the Council.


	*Finding Regarding Consistency with the Meadowmont Master Plan.*

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

Evidence in support: The Meadowmont Master Land Use Plan indicated a 27,500 square foot office/commercial development at this location. The approved Master Land Use Plan also included a public street between East Barbee Chapel Road and the Lloyd property along the northern edge of this site. Proposed access to the site, as shown on the approved Master Land Use Plan, was from this public street. The submitted plan differs from the approved Master Land Use Plan in several respects. Two differences, the public street connection to the Lloyd property and the proposed land use, are discussed below.

Regarding the public street connection to the Lloyd property, the Council’s approval of the Infrastructure Special Use Permit included relocation of the proposed public street, between East Barbee Chapel Road and the Lloyd property, further north and away from this site. This change requires the applicant to access the development from East Barbee Chapel Road.

A second difference between the 1995 Master Plan and this Special Use Permit application relates to allowable uses and floor area on the site. The Town Council discussed restricted uses and limited floor area for this site during consideration of the Meadowmont Infrastructure Special Use Permit application. The Meadowmont developer, during the Infrastructure Special Use Permit Hearing, agreed to reduce the floor area on this site (originally shown on the Master Plan as 27,000 square feet) by 19,000 square feet. The developer also agreed to restrict the use of the site to a 4,000 square foot bank with a drive-through and 4,000 square feet of office space. This action was undertaken by the developer in an effort to reduce overall trip generation from Meadowmont by approximately 25%. As described above, this proposal now includes a bank with a total of 4,150 square feet.

Please see the attached letter from the applicant describing similarities and differences between the Master Plan and this development application.

We believe the proposal is generally consistent with the Master Plan and a rebuttable presumption can be shall be established by the Council for three of the four findings of fact (findings a), c) and d) as defined in Section 18.3) required for a Special Use Permit.

Evidence in opposition: No one who spoke at the Public Hearing offered evidence in opposition.

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

Finding Regarding Compliance with all applicable regulations and standards of the Development Ordinance: 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.

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 (provided as an attachment to the January 16^th Public Hearing memorandum). We note the following key point raised by the applicant.

Ø This proposed project complies with the Chapel Hill Development Ordinance with regard to Use Regulations, Article 4; Intensity Regulations, Article 5: Design Standards, Article 6 as well as the approved Meadowmont Master Land Use Plan and the approved Meadowmont Design Guidelines.

Evidence in opposition: No one who spoke at the Public Hearing offered evidence in opposition.

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

KEY ISSUES

We believe that the key issues brought forth during the January 16 Public Hearing were related to parking, stormwater management, pedestrians crossing Highway NC 54, raised internal pedestrian crosswalks, landscape buffers, and pedestrian automatic teller machines. We have provided a list of issues raised during the Hearing, followed by responses from the Town Manager, as Attachment #1 to this memorandum.

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 January 2, 2001 and voted 9-0 to recommend that the Council approve the application with adoption of Resolution B. Please see the attached Summary of Planning Board Action.

Resolution B include the following recommended condition of the Planning Board:

Ø That the maximum number of parking spaces shall not exceed 21.

Staff Comment: Please refer to Attachment #1 for additional discussion on parking.

Transportation Board Recommendation: The Transportation Board reviewed this application on January 2, 2001, and voted 4-1 to recommend that the Council approve the application with the adoption of Resolution C. Please see the attached Summary of Transportation Board Action.

Resolution C includes the following recommended condition of the Transportation Board:

Ø That a sidewalk be provided on the north side of the entrance driveway.

Staff Comment: We do not believe that an additional sidewalk is needed along the north side of the entrance driveway. We note that the applicant is proposing an internal sidewalk along the south side of the entrance drive. We also note and support a proposed sidewalk connection between the bank and the Cedar’s development. We believe that these proposed internal sidewalks provide appropriate pedestrian connectivity from East Barbee Chapel Road and The Cedars Retirement Community. We also believe that the increased impervious surface area from an additional sidewalk and associated decreased landscape bufferyard, between the bank and The Cedars Retirement Community, is undesirable.

Ø That a sidewalk connection be provided between the site and the sidewalk/bikepath along NC 54.

Staff Comment: Although we believe that a sidewalk connection between the site and the NC 54 sidewalk/bikeway is desirable, we note that one will exist along East Barbee Chapel Road. We believe the amount of clearing and grading required for a second connection is a concern. With respect to the topography between the proposed bank and NC 54, we believe that the installation of a sidewalk, constructed to American with Disabilities Act and Town standards, could result in grading and clearing a larger portion of the NC 54 Entranceway Corridor than originally envisioned by the Council. We believe that the existing NC 54 sidewalk/bikeway and the public sidewalks along East Barbee Chapel Road eliminate the need for an additional sidewalk between this site and the NC 54 sidewalk/bike path.

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 to the Council.

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

Ø That the applicant provides a sidewalk to nearest transit stop including pavement to the street edge.

Ø That the number of parking spaces constructed be limited to 14.

Ø That bicycle racks should be covered, secure, and lockable.

Ø That the sidewalk connection to The Cedars Retirement Community to the north be straightened out.

Resolution D also includes the remaining recommended conditions of the Bicycle and Pedestrian Advisory Board (not included in Resolution A):

Ø That a pedestrian accessible automatic teller machine be included within the design of the bank.

Staff Comment: Please refer to Attachment #1 for additional discussion on pedestrian accessible automatic teller machine.

Ø That zebra-striped crosswalks be provided at the intersection of NC 54 and Barbee Chapel Road. This would include all intersection approaches with pedestrian signal heads.

Staff Comment: Please refer to Attachment #1 for additional discussion on crosswalks on NC 54.

Ø That the internal crosswalk to The Cedars Retirement Community to the north and the internal crosswalk through the drive-through lane should be raised to slow vehicle traffic.

Staff Comment: Please refer to Attachment #1 for additional discussion on raised internal crosswalks.

Community Design Commission Recommendation: The Community Design Commission reviewed this application on December 20, 2000, and voted 8 - 3 to recommend that the Council approve the application with the adoption of Resolution E. Please see the attached Summary of Community Design Commission Action to the Council.

Resolution E includes the following recommended condition of the Community Design Commission:

Ø That the sidewalk north of the entrance on Barbee Chapel Road be extended in a manner such that southbound pedestrians traveling to this site on Barbee Chapel Road do not have to cross both the entrance drive to the site and the drive-through road in order to reach the building.

Staff Comment: As noted above in the Transportation Board Recommendation, we believe that the existing public sidewalk adjacent to this site and the proposed sidewalk connection along the south side of the entrance drive provide adequate pedestrian access to this site.

Ø That an additional sidewalk connection be provided for northbound pedestrians (approaching the site from NC Highway 54) who are trying to access the bank building. This additional sidewalk would extend through the NC Highway 54 landscape bufferyard.

Staff Comment: As noted above in the Transportation Board Recommendation, the amount of clearing and grading necessary in order to construct this sidewalk connection through the NC 54 buffer lead us to recommend not requiring this sidewalk improvement.

Manager’s Revised Recommendation: Based on our evaluation of the application and information presented at the Public Hearing, our conclusion is that the application complies with standards and regulations of the Development Ordinance.

If the Council makes the findings required to approve the Special Use Permit, we recommend that the application be approved with adoption of Resolution A.

Resolution A has been revised in the following manner:

Ø A stipulation has been added requiring that the applicant install a stop sign at the end of the drive through lane.

Ø A stipulation has been added requiring that the applicant install pedestrian crossing signs at the two internal crosswalks.

Ø A stipulation has been added requiring that the applicant install a Type “C” landscape bufferyard (minimum width 20 feet) along the north property line.

Ø A stipulation has been added requiring that the applicant coordinate stormwater management plans with The Cedars Retirement Community final plans.

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

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

Resolution D would approve the application based on the recommendations of the Community Design Commission.

Resolution E would approve the application based on the recommendations of the Bicycle and Pedestrian Advisory Board.

Resolution F would deny the application.

WACHOVIA AT MEADOWMONT SPECIAL USE PERMIT

DIFFERENCES AMONG RESOLUTIONS

ISSUE	Resolution A Manager’s Revised Recommendation	Resolution B Planning Board Recommendation	Resolution C Transportation Board Recommendation	Resolution D Community Design Commission Recommendation	Resolution E Bicycle and Pedestrian Advisory Board Recommendation
Maximum Number of parking spaces	14 Spaces	21 spaces	14 Spaces	*	14 Spaces
Signage prohibiting bank parking in The Cedars development	Yes	*	*	*	*
Stop sign at end of drive through lane	Yes	*	*	*	*
Pedestrian Crossing Signs at the Internal Crosswalks	Yes	*	*	*	*
Type “C” bufferyard along north property line	Yes	*	*	*	*
Coordinate Stormwater Management Plans with The Cedars development	Yes	*	*	*	*
Sidewalk along north side of entrance drive	No	No	Yes	Yes	*
Sidewalk between site and NC 54 bikeway/pedestrian path.	No	*	Yes	Yes	*
Pedestrian accessible automatic teller machine	No	*	*	*	Yes
Extend pavement between sidewalk and street curb at the nearest transit stop	Yes	*	*	*	Yes
Striped walkways and pedestrian activated signals NC 54 at the Barbee Chapel Road intersection	No	*	*	*	Yes
Raised internal crosswalks	No	*	*	*	Yes
Realign sidewalk connection to The Cedars	Yes	*	*	*	Yes

*Issue was not discussed at this particular advisory board’s meeting.

ATTACHMENTS

1. Issues Raised during the January 16, 2001 Public Hearing (p. 9)

2. Resolution A – Approving the Application (p. 13)

3. Resolution B – Approving the Application (p. 21)

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

5. Resolution D – Approving the Application (p. 23)

6. Resolution E – Approving the Application (p. 25)

7. Resolution F – Denying the Application (p. 27)

8. January 16, 2001 Public Hearing Memorandum and Related Attachments (begin new page 1)

ATTACHMENT 1

WACHOVIA BANK AT MEADOWMONT

Issues Raised at the January 16, 2001 Public Hearing

We believe there were seven key issues raised at the January 16 Public Hearing.

1. NUMBER OF PARKING SPACES

The applicant objected to the recommendation that would limit parking to 14 spaces. In addition, a citizen expressed concern with the recommendation that the maximum number of on-site parking spaces not exceed 14. The citizen wondered if the limited number of parking spaces would result in bank customers parking on the nearby residential street in the Cedar’s development.

The applicant originally proposed 31 parking spaces. At the Public Hearing, the applicant offered to reduce the request to 25 spaces.

Staff Comment: We believe that a reduction in the proposed parking may be appropriate. We note that the Council has stated its expectation that parking in new developments not exceed 110% of the minimum parking spaces requirement provided in the Development Ordinance. In this case, calculating parking based on a 110% ceiling would limit parking for this development to 14 spaces.

In response to the Council’s expectations on reductions in the number of on-site parking spaces and comments from the Community Design Commission during the Concept Plan Review, the applicant has provided two supporting documents in order to support the request for 31 parking spaces. This information, Table 1 and Table 2, is located in the attached Planning Staff Report (see page 17 of that document). The applicant’s materials outline the projected employee and customer parking needs and also provide a survey of available parking at existing banks in Chapel Hill. At the Public Hearing the applicant proposed reducing the number of spaces to 25.

Reviewing the applicant’s materials outlining projected employee and customer parking needs, we believe that it would be reasonable to estimate the bank’s parking needs based on two spaces for each anticipated employee. This method would assume one space per employee and one space for each customer being helped by an employee. Using this calculation method the number of parking spaces needed for this facility is 24.

Reviewing the applicant’s materials which surveyed parking at area banks, we note that of the 24 banks in Chapel Hill identified by the applicant, only 5 of the banks have as many or more parking spaces that the 31 spaces proposed by the applicant. The average number of on-site parking spaces for the 17 banks in the applicant’s survey is 25 spaces.

As previously stated we continue to believe that the proposed pedestrian, bicycle improvements and future mass transit amenities of the Meadowmont community could result in a smaller number or vehicular trips and therefore reduced parking needs.

We believe that a Transportation Management Plan, encouraging employees to use mass transit and providing incentives for alternative means of transportation could result in a reduction of on-site parking space needs. We have included a stipulation in Resolution A requiring the submission of a Transportation Management Plan.

By reducing the number of parking spaces, the applicant could reduce paved parking area and preserve more existing vegetation. We believe this could result in greater buffers to the surrounding land uses.

Following the Town Council’s policy on limiting maximum parking spaces to 110% of the minimum requirement, we recommend adoption of Resolution A which includes a stipulation that the number of parking spaces for this project shall not exceed 14 spaces. However, as noted above, we believe that a reasonable argument could be made for allowing as many as 25 spaces.

2. PARKING AND SIGNAGE

A Council member voiced concerns about bank customers parking on the nearby residential street in the Cedar’s development and walking to the bank. The Council member wondered about the possibility of installing signage advising bank customers where to park.

Staff Comment: We believe that it is appropriate to include a stipulation, which would require the developer to install signage in the bank parking lot informing bank customer that parking in the Cedars development, while conducting bank business, is prohibited. Resolution A includes a stipulation to that affect..

3. PEDESTRIAN CROSSING HIGHWAY NC 54

A Council member expressed support for zebra-striped crosswalks and pedestrian signal heads across Highway NC 54 at the Barbee Chapel Road intersection. The Council member asked about the status of highway improvements required for Highway NC 54 with the Meadowmont development, and how the North Carolina Department of Transportation might respond to a request to install zebra-striped crosswalks and pedestrian signal heads across Highway NC 54.

Staff Comment: We note that plans for the Highway NC 54 improvements associated with the Meadowmont Infrastructure Special Use Permit were reviewed and approved by the North Carolina Department of Transportation within the last 12 months. Those improvements have been undertaken and are nearly complete. The approved plans for the Meadowmont Infrastructure Special Use Permit, which included improvements to the Barbee Chapel Road intersection, provided pedestrian crosswalks and pedestrian activated signals for pedestrians and bicycle riders crossing East Barbee Chapel Road and Barbee Chapel Road. The approved plans did not include pedestrian crosswalks or pedestrian activated signals across Highway NC 54.

We continue to believe that the NC 54 pedestrian tunnel, located approximately 2,000 feet west of this site, is the safest method for pedestrians and bicycle riders wishing to cross the highway. We believe that the greatest movement of pedestrian traffic across NC 54 is likely to occur between the Friday Center and the Capitol Associates office complex on the south side of the highway and the Village Center on the north side. We anticipate that most of this pedestrian travel would be within the tunnel.

We note that previous Meadowmont applicants have investigated the installation of pedestrian crosswalks, refuge islands, and signals on Highway NC 54. To date the North Carolina Department of Transportation has not agreed to any pedestrian accommodations for crossing Highway NC 54, other than the underground pedestrian tunnel west of Meadowmont Lane. We do not believe that the State's position has changed regarding this issue.

Although we believe that the approved crosswalks and pedestrian activated signals for crossing Barbee Chapel and East Barbee Chapel Roads are appropriate and necessary, we do not recommend the installation of crosswalks or pedestrian activated signals across NC 54 at this intersection.

If the Council determines that crosswalks and/or pedestrian activated signals across NC 54 at the Barbee Chapel Roads intersection is desirable we recommend that a stipulation to that affect state that the installation of these improvements shall be approved by the Town Manager, and be subject to approval by the North Carolina Department of Transportation.

4. RAISED INTERNAL PEDESTRIAN CROSSWALKS

Council members expressed support that the internal crosswalks, to The Cedars Retirement Community to the north and the internal crosswalk through the drive-through lane, be raised to slow vehicle traffic. A Council member noted that the Town Manager's recommendations did not include this improvement. The Council member requested additional information on Manager's position not to recommend this improvement.

Staff Comment: We believe the striped crosswalks, as proposed by the applicant will adequately accommodate the movement of bicyclists/pedestrian traffic inside the proposed development. We do not anticipate that this proposal will generate high pedestrian traffic. We also do not expect a speeding problem inside the proposed parking lot. However, we have revised the Manager’s recommendation to require that the applicant install a stop sign at the end of the drive-through lane. We also added a recommendation that pedestrian crossing signs be installed at both internal crosswalks. We have revised Resolution A to include these stipulations.

5. PEDESTRIAN ACCESSIBLE AUTOMATIC TELLER MACHINE (ATM)

A Council member asked if the applicant would install a pedestrian accessible automatic teller machine in addition to the ATM proposed for the drive-through lanes.

Staff Comment: We note that during the public hearing the applicant stated a desire to not install a pedestrian accessible automatic teller machine (ATM). The site is primarily designed to accommodate customers traveling by automobile. We note the proposal includes an ATM; however it is designed for automobile drive-through and may not be entirely appropriate for pedestrian walk-ups.

We defer to the applicant’s experience with banking facilities for decisions about how to provide banking services. Additionally, we do not believe the it is within the Council’s regulatory ability to stipulate the installation of a second automatic teller machine for pedestrian traffic. Resolution A does not include a stipulation requiring a pedestrian accessible automatic teller machine.

6. STORMWATER MANAGEMENT

A citizen stated that the stormwater drainage system for the proposed development includes stormwater from the site and from Highway NC 54. The citizen noted that the northwest corner of the proposed bank is approximately 6 to 10 feet higher than the base floor elevation of the proposed residential buildings immediately to the north in The Cedars Retirement Community. The citizen also expressed a concern about the ability of the proposed stormwater drainage systems to handle stormwater runoff from the site and from Highway NC 54 during periods of heavy rains without flooding the adjacent lower residential buildings and streets.

Staff Comment: We understand this concern. We will be working with the engineers for both developments to assure that the storm drain system designs for each are coordinated and compatible. This would include assuring that the finished floor elevations of the downstream properties are designed to preclude flooding, and that an emergency overflow route is established to convey stormwater flows that exceed the drainage system safely downstream without causing property damage. We have revised Resolution A to include a stipulation requiring that stormwater management between this development and The Cedars Retirement Community be coordinated during the review of the Cedar’s final plans and the final plan review for this development.

7. LANDSCAPE BUFFERS

A citizen expressed a concern with the lack of landscaping proposed along the northern property line adjacent to The Cedars Retirement Community.

Staff Comment: According to the Meadowmont Master Plan, landscape buffers are not required to separate this development from adjacent Meadowmont developments. Accordingly, this application did not provide a landscape buffer along the northern property line. However, we believe it would appropriate and keeping with good site design for the applicant to provided a 20 foot wide Type “C” landscape bufferyard between the proposed development and the adjacent development along the entire northern property line. Resolution A, the Manager’s Revised Recommendation, includes a stipulation to this affect.

ATTACHMENT 2

RESOLUTION A

(Manager’s Revised Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (SUP 479.1.1B) (2001-02-12/R-13a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by the Wachovia Bank, on property identified as Durham Township Tax Map 479-1-1B, if developed according to the plans dated July 27, 2000 (revised August 4, 2000), the Meadowmont Master Land Use Plan, and the 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, with the modifications listed below;

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 these findings are conditioned on the following:

Stipulations Specific to the Development

1. That construction begin by February 12, 2003 (two years from the date of Council approval) and be completed by February 12, 2004 (three years from the date of Council approval).

2. Land Use Intensity: This Special Use Permit authorizes the following:

· 1 building, with a maximum of 4,150 square feet of floor area; and

· A maximum of 14 parking spaces.

3. Land Use: That the use of this development be restricted to a bank with a drive-through facility.

4. Land Use Intensity and Impervious Surface Calculations: That the applicant provide calculations confirming Meadowmont’s overall compliance with Land Use Intensity Ratios and Impervious Surface Limits.

5. Eastern Boundary of the Meadowmont Development: That buildings and parking shall be at least 40 feet from the eastern property line. A 40-foot wide Type C landscape buffer shall be proved along the eastern property line.

6. Heavy Duty Pavement: That a heavy-duty pavement with a 10-inch base course be installed along the refuse/recycling service vehicle routes.

7. Sidewalk Connection to The Cedar Retirement Community: That, sidewalk connection from The Cedars Retirement Community shall be located in line with the walkway along the eastern edge of the bank. The final location shall be reviewed and approved by the Town Manager.

8. Stop Sign and Pedestrian Crossing Signs: That a stop sign shall be installed at the end of the drive-through lane. Pedestrian crossing signs shall be installed at both internal crosswalks.

9. No Parking Signs: That signage shall be installed informing bank customers that parking in The Cedars Retirement Community is prohibited while conducting bank business.

10. Bike Racks: That the bicycle parking area for this development shall comply with the Town’s Design Manual.

11. Parking:

A. That no more that 14 parking spaces be provided.

B. That all parking spaces along the north property line be removed. Additional parking spaces along the eastern property line shall be removed, if deemed necessary by the Town Manager, to accommodate a bio-retention facility.

C. Parking Area Screening: That all parking areas be screened from public road view, and that screening plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

D. Parking Lot Design and Construction: That all parking lots shall be designed and constructed to meet Town standards unless an alternate design is approved by the Town Manager.

12. East Barbee Chapel Road Bus Stops: That a segment of the eight foot wide tree lawn between the sidewalk and the street curb, adjacent to the two future East Barbee Chapel Road bus stops, be paved. Final design and dimensions shall be reviewed and approved by the Town Manager.

13. Permanent Retention Basin Installation:

A. That the required off-site stormwater retention pond serving this site be in place prior to the issuance of a Certificate of Occupancy.

B. Compliance with the Town Watershed Protection District regulations shall be demonstrated with the provision of 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 said pond shall be approved by the Town Manager.

D. The off-site 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. A performance bond or other surety instrument satisfactory to the Town, shall be posted 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 Owners’ or Homeowners’ Association shall be responsible for arranging for annual inspections of said 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 manger, 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 Owners’ or Homeowners’ Association, including pond maintenance.

G. Maintenance of the pond shall be the responsibility of the applicant or a property/homeowners’ association. A maintenance plan shall be provided for each of the retention ponds, to be approved by the Town Manager. The plans shall address inspection, maintenance intervals, type of equipment required, access to each pond, and related matters.

H. As part of the application for Final Plan Approval, the applicant shall provide an up-to-date cumulative total of impervious surfaces within the sub-basin.

I. The minimum permanent pool depth of the off-site retention pond shall be at least three (3) feet in addition to enough volume to store the accumulated sediment between clean out periods.

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

K. Emergency drains shall be installed in the off-site pond to allow access for repairs and sediment removal as necessary.

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

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

N. No ponds shall be created within the perimeter landscape buffer required for Meadowmont development.

O. That the off-site pond be located and designed such that damage to existing large trees can be minimized.

P. That the off-site 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.

14. Ownership and Responsibilities of Common Areas:

A. That an owners’ association be created for the maintenance and regulation of the private (residential, office, park, landscape, and commercial) areas including privately maintained streets and alleys. All property owners owning land within the area of the Master Land Use Plan approval, excluding governmental bodies, shall be represented in the owners’ association. This owners’ association shall have maintenance responsibilities for commonly owner development elements, which affect the entire development including the stormwater management facilities.

B. In addition, a separate owners association shall be created for the maintenance and regulation of the residential, office, and commercial areas. The documents creating these entities shall be reviewed for approval by the Town Manager, and shall be recorded in the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.

C. The responsibilities of these entities shall include the ownership and maintenance of the private alleys, private green spaces, private parks and recreation space, private retention and detention basins, and the landscape buffers.

D. These entities shall also be responsible for an “add-on fees” charged by Duke Power for special street lighting.

E. These entities shall have the ability to place a lien on property for nonpayment of dues or fees.

Stipulations Related to Landscape Elements

15. Landscape Buffers: The following buffers shall be provided; if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by fencing from adjacent construction:

A. Type “C” landscape buffer (20 feet minimum width) along the northern property line.

B. Type “C” landscape buffer (40 feet minimum width) along the eastern property line. Existing vegetation shall be supplemented with evergreen shrubs and trees as necessary to fulfill landscape buffer planting requirements.

C. Type “D” landscape buffer (50 feet minimum width) along the Highway NC 54 frontage. That planting be provided, and existing vegetation preserved along the Highway frontage in general compliance with the Town’s Master Landscape Plan for Entranceway Corridors along Highway 54. A streetscape plan, demonstrating compliance with the Master Landscape Plan for Entranceway Corridors, shall be submitted for Town Manager review and approval. That the applicant provide additional information as part of the final plan review process including detailed elevations from Highway 54 for consideration by the Community Design Commission.

D. The landscape buffer plan shall be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

16. Landscape Protection Plan:

A. That the removal of the 15-inch oak and 15-inch hickory trees, between East Barbee Chapel Road and the proposed building, shall be reviewed and approved by the Town’s Urban Forester. The Town Manager shall determine if additional grading techniques and or minor site design modifications are necessary if order to preserve one or both trees.

B. That a complete and accurate tree survey of all trees within 100 feet of any proposed off-site grading and be provided with the first submittal of Final Plans. That an accurate tree and vegetation survey of the NC 54 Entrance Corridor be provided with the first submittal of Final Plans

C. That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall include areas of vegetation to be preserved; the anticipated clearing limit lines; proposed grading; proposed utility lines a detail of protective fencing; and construction parking and materials storage/staging areas. The plan shall show the use of tree protection fencing, unless alternate protection measures are approved by the Town Manager, between construction and existing vegetation.

D. That the plan indicates the critical root area (1 foot radius for every inch caliper dbh) for the large trees adjacent to construction areas.

E. No erosion control devices shall be allowed within the designated tree preservation or landscape buffers areas.

17. Landscape Plan: That a detailed landscape plan and landscape maintenance plan be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. Detailed final plans shall include demonstration that parking lot shading and screening requirements will be met.

Stipulations Related to Building Elevations

18. Building Elevations/Site Lighting: That the detailed building elevations and lighting plan be approved by the Community Design Commission prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Water, Sewer, and Other Utilities

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

20. Placement of Utility Lines Underground: That the final plans indicate that all utility lines shall be placed underground.

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

22. Fire Hydrant Locations: That the fire hydrant connections be installed on the street side of buildings in easily visible and accessible locations to be approved by the Town Manager.

Miscellaneous Stipulations

23. 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 should not exceed the pre-development rate. The plan must show how stormwater detention for this site will be achieved. Design and construction of any stormwater management facility shall be approved by the Town Manager.

24. Stormwater Management Plan Review for The Cedars Retirement Community: That the stormwater management between this development and The Cedars Retirement Community be coordinated during final plan review for the Cedar’s and this development.

25. Off-Site Construction Easements: That all required off-site construction easements shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

26. Bio-Retention: That if the Council approval stipulates the removal of the proposed parking spaces along the northern property line and the Town Manager determines the area suitable for bio-retention, the Final Plans shall include a bio-retention facility. Additional parking spaces along the eastern property line may be removed, if deemed necessary by the Town Manager, in order to enhance and/or accommodate this bio-retention facility.

27. Transportation Management Plan: That a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall be updated and approved annually by the Town Manager. The required components of the Transportation Management Plan shall include:

A. Provision for designation of a Transportation Coordinator;

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

C. Quantifiable traffic reduction goals and objectives;

D. Ridesharing incentives; and

E. Public transit incentives.

28. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

29. Refuse and Recycling Collection: That the refuse and recycling collection services be private.

30. 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 Development Ordinance and the Design Manual.

31. Plant Rescue: That the developer consider conducting plant rescue activities on the site prior to initiation of development activity.

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

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

33. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit.

34. Erosion Control Performance Bond: That a performance guarantee be provided in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.

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

36. 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 phone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.

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

38. 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 Special Use Permit application for the Wachovia Bank at Meadowmont.

This the 12^th day of February, 2001.

ATTACHMENT 3

RESOLUTION B

(Planning Board Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (SUP 479.1.1B) (2001-02-12/R-13b)

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

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 Wachovia Bank at Meadowmont in accordance with the plans listed above and with the conditions listed below:

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. Parking: Resolution A shall be revised as follows:

a. Stipulation #2 and #11 shall be revised to allow 21 parking spaces.

3. Delete stipulations: Remove stipulations #8, #9, #15A, and #24.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit application for the Wachovia Bank at Meadowmont.

This the 12^th day of February, 2001.

ATTACHMENT 4

RESOLUTION C

(Transportation Board Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (SUP 479.1.1B) (2001-02-12/R-13c)

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

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.

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. Sidewalk Connections: That the applicant shall construct additional sidewalk segments in the following locations:

a) Along the north side of the entrance driveway; and

b) Between the site and the sidewalk/bike path along NC 54.

Final location of the sidewalk between the site and the NC 54 sidewalk/bike path shall be reviewed and approved by the Town Manager.

3. Deleted stipulations: Remove stipulations #8, #9, #15A, and #24.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit application for the Wachovia Bank at Meadowmont.

This the 12^th day of February, 2001.

ATTACHMENT 5

RESOLUTION D

(Community Design Commission

Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (SUP 479.1.1B) (2001-02-12/R-13d)

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

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.

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. Sidewalk Connections: That the applicant shall construct additional sidewalk segments in the following locations:

c) Along the north side of the entrance driveway; and

d) Between the site and the sidewalk/bike path along NC 54.

Final location of the sidewalk between the site and the NC 54 sidewalk/bike path shall be reviewed and approved by the Town Manager.

3. Parking: Resolution A shall be revised as follows:

b. Stipulation #2 and #11shall be revised to allow 31 parking spaces.

4. Deleted stipulations: Remove stipulations #8, #9, #15A, and #24.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit application for the Wachovia Bank at Meadowmont.

This the 12^th day of February, 2001.

ATTACHMENT 6

RESOLUTION E

(Bicycle and Pedestrian Advisory Board Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (SUP 479.1.1B) (2001-02-12/R-13e)

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

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.

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. Internal Driveways: That the internal crosswalk to The Cedars Retirement Community to the north and the internal crosswalk through the drive-through lane be raised to slow vehicle traffic.

3. Pedestrian Accessible automatic teller machine: That the design of the bank includes a pedestrian accessible automatic teller machine.

4. Pavement Striping and Pedestrian Activated Signals: That zebra-striped crosswalks and pedestrian activated signals be installed at the intersection of NC 54 and Barbee Chapel Road at all four legs, subject to the approval of the Town Manager and the North Carolina Department of Transportation.

5. Deleted stipulations: Remove stipulations #8, #9, #15A, and #24.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit application for the Wachovia Bank at Meadowmont.

This the 12^th day of February, 2001.

ATTACHMENT 7

RESOLUTION F

(Denying the Application)

A RESOLUTION DENYING A SPECIAL USE PERMIT APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (SUP 479.1.1B) (2001-02-12/R-13f)

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:

(INSERT ADDITIONAL REASONS FOR DENIAL)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the Special Use Permit application for the Wachovia Bank at Meadowmont.

This the 12^th day of February, 2001.