AGENDA #3b

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:       Public Hearing: Sage Road Offices – Application for Special Use Permit

DATE:             March 19, 2001

INTRODUCTION

An application seeking approval of a Special Use Permit has been filed by John R. McAdams Company, Inc. The application proposes to allow the construction of 2 office buildings on a 6.05-acre site. The site is located southeast of the intersection of Sage Road and Old Sterling Drive, across from Grace Church, and behind the Lowe’s Home Improvement Center.

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 thatthe Council may consider as it determines any appropriate conditions to impose upon the proposed development.

The applicant has submitted an accompanying application for a Zoning Atlas Amendment, to rezone the site from Residential-2 (R-2) and Residential-4 (R-4) to Office / Institutional-1-Conditional (OI-1-C) zoning. Please refer to the accompanying memorandum for a discussion of this application.

This package of materials has been prepared for the Town Council’s consideration, and is organized as follows: ¨      Cover Memorandum: Introduces application, describes process for review, summarizes staff and advisory board comments, and offers recommendations for Council action. ¨      Staff Report: Offers a detailed description of the site and proposed development, and presents an evaluation of the application regarding its compliance with the standards and regulations of the Development Ordinance. ¨      Attachments: Includes a checklist of requirements for this development, resolutions of approval and denial, advisory board comments, and the applicant’s materials.

process

The 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 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.

The Development Ordinance defines contiguous property as follows:

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 6.05-acre site is located southeast of the intersection of Sage Road and Old Sterling Drive, across from Grace Church, and behind the Lowe’s Home Improvement Center. The property is currently located within the Residential-2 and the Residential-4 zoning districts. The applicant is requesting a rezoning to the Office/Institutional-1-Conditional zoning district.

Existing Conditions:  The site is at the corner of Sage Road and Old Sterling Drive. Lowe’s Home Improvement Center is southeast of the site and Grace Church is west, across Sage Road. Chapel Hill Bible Church, currently under construction is north of the site, across Old Sterling Drive. The recently approved Providence Glen Condominiums is east of the site.

The site includes a number of significant hardwood trees, however most of the site is comprised of young pines. Most of the significant trees are clustered to the north of a drainage feature that bisects the site, with a northeast-southwest orientation. A 30-foot wide OWASA sewer easement overlays the drainage feature as well. The site is gently rolling with an average slope of about 9% toward the east-southeast. The site is not located in the Town’s Watershed Protection District.

Description of Proposed Development: This Special Use Permit application proposes construction of two office buildings totaling 62,000 square feet of floor area. The applicant is proposing to subdivide the site into two lots, #1 in the northern part of the site and #2 in the southern part. We note that 3 project fact sheets have been provided: demonstrating that the proposed development(s) will meet all required development intensity thresholds, buffer requirements, and parking requirements, in both its current and subdivided condition.

The proposed two-story (plus a basement level), 40,000 square foot, building 1 is on Lot 1. Half of its floor area would be used as medical clinic space and half for office-type business use. The proposed two-story, 22,000 square foot, building 2 would be on Lot 2. All of the floor area in building 2 is proposed to be used as medical clinic space.

Access to the site would be provided from Old Sterling Drive and Sage Road. The applicant has proposed to provide a drive connecting Lots 1 and 2 with a cross-access easement. The applicant is proposing a total of 238 vehicular parking spaces and 24 covered, illuminated, and secure bicycle parking spaces.  In addition, a vehicular connection is proposed to the undeveloped lot south of the property. The minimum parking requirement for this proposed development would be 225 spaces. 110% of the minimum would be 247 spaces.

We note that a Special Use Permit would be required for this development, due to the proposed amount of floor area and land disturbance and because the site is proposed for conditional-use zoning.

 

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. This evaluation is based on rezoning the site from the present Residential-2 (R-2) and Residential-4  (R-4) zoning districts to Office / Institutional-1-Conditional (OI-1-C) zoning. We note that in accordance with the Town’s Development Ordinance, the existing R-2 and R-4 zoning districts would not allow office use. As part of this Special Use Permit application and the accompanying application for a Zoning Atlas Amendment, the applicant is requesting approval of 2 office buildings with a maximum floor area of 62,000 square feet.

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:

Special Use Permit – Required Findings of Fact Finding #1: That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare. Finding #2: That the use or development 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. Finding #3: That the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity. Finding #4: That the use or development conforms with the general plans for the physical development of the Town as embodied in this chapter and in the Comprehensive Plan.

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. If the requested rezoning application were to be denied, we believe that this Special Use Permit accordingly would need to be denied.

KEY ISSUES

In the review of this development application by Town Advisory Boards and the Town staff, we believe that several key issues have emerged:

Sage Road Entrance/Exit: Vehicular access to the site is proposed from Sage Road and from Old Sterling Drive. Regarding the access on Sage Road, the Manager’s preliminary recommendation and the Transportation Board’s recommendation include a condition limiting access to right-in/right-out traffic movement only. The applicant proposes a full-access driveway on Sage Road, which is currently built to arterial road standards.

Manager’s Comment: The Town’s Design Manual includes street standards that strongly discourage access to arterial streets where alternative access to streets of lower classification is available. This application proposes access to Old Sterling Drive and proposes a stub-out to the undeveloped property to the south. An additional access on Sage Road would be an exception to Design Manual standards.

It is expected that Sage Road will function with arterial traffic volumes in the future when Sage Road and Weaver Dairy Road are connected. A full access could potentially interfere with expected arterial traffic volumes.

We recommend that the Sage Road entrance be limited to right-in / right-out traffic movements only, with a 200-foot long and 10-foot wide landscaped median built in Sage Road, to control vehicle movement. The Manager’s preliminary recommendation, Resolution A, is intended as a compromise between Town standards and the applicant’s desire to have full-access on Sage Road.

Buffer Vegetation:  The applicant proposes to grade and replant buffer areas between the northern portion of Sage Road and the parking lot, near building 1, and also between Old Sterling Drive and the parking lot. There are currently dense, medium sized pines and cedars located in both areas.

Manager’s Comment: We believe it is preferable to minimize grading and retain existing vegetation, particularly where effective buffers are in place. One of the purposes of tree protection, as described in Section 11.1.3b of the Development Ordinance, is the following: “encourage the proper protection and maintenance of existing (emphasis added) trees, shrubs and soils on all public and some private lands.” A basic low impact design strategy is to minimize grading and retain existing vegetation. We recommend that the section of the Sage Road buffer located between Sage Road and the parking lot remain undisturbed. We also recommend that a portion of the Old Sterling Drive buffer located between Old Sterling Drive and the parking lot remain undisturbed. We note that several of the existing developments in the vicinity of the proposed development have retained native vegetation in buffer areas.

Subdivision Requirements: The applicant is proposing to subdivide the property into two parcels, each with a new building and an associated parking lot. The two lots are proposed to have cross-access and a shared stormwater detention pond. We note that 3 project fact sheets have been provided; demonstrating that the proposed development and each lot will meet all required development intensity thresholds, buffer requirements, and parking requirements, in both its current and subdivided condition.

Manager’s Comment: Historically we have discouraged this type of division with commercial properties that share facilities such as parking areas and stormwater detention ponds. Instead, we typically encourage a commercial subdivision. The commercial subdivision provisions require that all parking areas, detention ponds and other shared facilities be located on common area, owned and controlled by an owners association. However, we are confident that requiring appropriate cross-access, easements, and maintenance agreements can achieve the same objectives. We therefore recommend that if the applicant requests subdivision approval, as proposed, they be required to provide recorded easements and/or maintenance agreements for cross-access, detention pond(s), and heavy-duty pavement, subject to the approval of the Town Manager, with the recordation of the minor subdivision.  Resolutions A and B include this requirement.

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:

·        We recommend that the Sage Road entrance be limited to right-in / right-out traffic movements only, with a 200-foot landscaped median built in Sage Road, to control vehicle movement.

·        We recommend that the section of the Sage Road Buffer located between Sage Road and the parking lot and that a portion of the Old Sterling Drive landscape buffer located between Old Sterling Drive and the parking lot remain undisturbed.

·        We recommend a proportional payment in-lieu for installation of a traffic signal at the Sage Road/Erwin Road intersection, not to exceed $1,800. This payment amount is based on the proportional 3% traffic impact of the proposed development at the Sage Road / Erwin Road intersection at peak hour, as applied to the estimated cost of a traffic signal. Therefore, the formula for the impact fee is: proportion of traffic impact x estimated signal cost = impact fee (3% x $60,000 = $1,800).The payment is to be refunded, if unused, 5 years from the date of the last Certificate of Occupancy issuance.

The Manager’s preliminary 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 a Special Use Permit, which incorporates the terms of the Council-adopted resolution;

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

·        Orange Water and Sewer Authority,

·        Duke Power Company,

·        Public Service Company,

·        Time Warner Cable, and

·        BellSouth.

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 March 6, 2001, and voted 6-1 to recommend that the Council approve the application with adoption of Resolution B. Please see the attached Summary of Planning Board Action.

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

Ø      That the application be allowed to have full access from the proposed driveway on Sage Road.

Staff Comment: We recommend that the Sage Road entrance be limited to right-in / right-out traffic movements only, with a 200-foot long and 10-foot wide landscaped median built in Sage Road, to control vehicle movement. The Town’s Design Manual includes street standards that strongly discourage access to arterial streets where alternative access to streets of lower classification is available. This application proposes access to Old Sterling Drive and proposes a stub-out to the undeveloped property to the south. An additional access on Sage Road would be an exception to Design Manual standards.

It is expected that Sage Road will function with arterial traffic volumes in the future when Sage Road and Weaver Dairy Road are connected. We are concerned that full access would potentially interfere with expected arterial traffic volumes.

Ø      That the application be allowed to grade buffer areas and replace trees, between Sage Road and the parking lot and between Old Sterling Drive and the parking lot.

Staff Comment: We recommend that the section of the Sage Road buffer located between Sage Road and the parking lot remain undisturbed. We also recommend that a portion of the Old Sterling Drive buffer located between Old Sterling Drive and the parking lot remain undisturbed. There are currently dense, medium sized pines and cedars located in both areas. We believe it is preferable to minimize grading and retain existing vegetation, particularly where effective buffers are in place. 

Transportation Board Recommendation: The Transportation Board reviewed this application on March 6, 2001, and voted 5-0 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 the application be limited to the required minimum number of parking spaces (225), by the Development Ordinance, with an allowance to construct up to the 238 spaces proposed, if warranted by demand.

Staff Comment: 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. The applicant has stated that they require 238 spaces or 5.8% more than the minimum required (225) number of parking spaces based on their experience and because 42,000 square feet (67.7%) of the total floor area will be used as medical clinic space. We recommend that the application be allowed to have 238 parking spaces because this number does not exceed 110% of the minimum required (110% would be 247 spaces).

Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on March 13, 2001, and voted 8-0 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 condition of the Bicycle and Pedestrian Advisory Board:

Ø      That the application be required to provide shower and locker room facilities in each of the two proposed buildings.

Ø      That the application be required to construct a pedestrian crosswalk across Old Sterling Drive at the intersection of Sage Road.

Resolution D includes the following recommended condition of the Bicycle and Pedestrian Advisory Board:

Ø      That the application be required to construct a sidewalk on both sides of the Sage Rd. driveway entrance.

Staff Comment: We believe that a sidewalk constructed on one side of the driveway is adequate.

Ø      That the application not be allowed to construct more than the minimum of parking spaces (225), including no more than 10% compact parking spaces (23).

Staff Comment: We believe that both the total number of parking spaces and the percentage of compact parking spaces are reasonable. The proposed number of parking spaces falls within the maximum parking space policy (110% of minimum required spaces) established by the Town Council.

Ø      That the application be required to improve pedestrian connections between the bus stop on Old Sterling Drive, at Providence Place, to the proposed Sage Road Offices.

Staff Comment: We believe that the proposed pedestrian connections throughout the site are adequate, however, we recommend that the application include parking lot striping between pedestrian connections internal to the site.

Ø      That the traffic signal to be installed by North Carolina Department of Transportation at Sage and Erwin Roads be required to be “bicycle sensitive.”

Staff Comment: We agree that ideally new traffic signals should be designed so bicycles at intersections trigger them, and the Town will make this request of North Carolina Department of Transportation prior to signal installation. 

Community Design Commission: The Community Design Commission reviewed this application on February 7, 2001, and voted 8-0 to recommend that the Council approve the application without reference to a specific Resolution. Please see the attached Summary of Community Design Commission Action.

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

Ø      That pervious surfaces be used in place of impervious surfaces, where practical.

Staff Comment: We agree that pervious surfaces should be substituted for impervious surfaces, where practical. However, given the clay-rich, poorly draining soils in the region, it is very often not practical to use pervious surfaces in place of impervious surfaces, particularly in areas that are subjected to ongoing compaction from motor vehicles.

 

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. We note that this evaluation is based on rezoning the site from the present Residential-2 (R-2) and Residential-4  (R-4) zoning districts to Office / Institutional-1-Conditional (OI-1-C) zoning.

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 these public purpose findings for modification of the Development Ordinance regulations, and 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 recommendations 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 E would approve the application based on the recommendation of the Community Design Commission.

Resolution F would deny the application.

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

SAGE ROAD OFFICES SPECIAL USE PERMIT

DIFFERENCES AMONG RESOLUTIONS

SAGE ROAD OFFICES SPECIAL USE PERMIT

DIFFERENCES AMONG RESOLUTIONS

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

** The standard Transportation Management Plan stipulation was inadvertently omitted from the resolution distributed for advisory board recommendations.

Attachments

1.      Planning Staff Report  (p. 15).

2.      Checklist of Project Fact Sheet Requirements  (p. 24).

3.      Resolution A – Approving the Application  (p. 25).

4.      Resolution B – Approving the Application (p. 32).

5.      Resolution C – Approving the Application  (p. 33).

6.      Resolution D – Approving the Application  (p. 35).

7.      Resolution E – Approving the Application  (p. 37).

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

9.      Resolution G – Defining Contiguous Property for this Application  (p. 39).

10.  Summary of Planning Board Action, SUP (p. 40).

11.  Summary of Planning Board Action, ZAA (p. 41)

12.  Summary of Transportation Board Action (p. 42).

13.  Summary of Bicycle and Pedestrian Advisory Board Action  (p. 43).

14.  Summary of Community Design Commission Action  (p. 44).

15.  Applicant’s Statement of Justification  (p. 45).

16.  Project Fact Sheet  (p. 57).

17.  Area Map (p. 63).

18.  Reduced Plans  (p. 65).

ATTACHMENT 1

PLANNING STAFF REPORT

SUBJECT:       Public Hearing: Sage Road Offices – Application for a Special Use Permit 

                        (File No. 27.B.7D, PIN# 9890506255)

DATE:March 19, 2001

INTRODUCTION

Attached for your consideration is an application for a Special Use Permit to allow the construction of two office buildings on a 6.05-acre site. The site is located southeast of the intersection of Sage Road and Old Sterling Drive, across from Grace Church, and behind the Lowe’s Home Improvement Center. The property is currently located within the Residential-2 (R-2) and the Residential-4 (R-4) zoning districts, and is identified as Chapel Hill Township Tax Map 27, Block B, Lot 7D (PIN# 9890506255).

The applicant has also requested a Special Use Permit to construct two office buildings and parking areas. The southern portion of the site is proposed to include a 22,000 square foot, two-story medical building with 97 parking spaces.  The proposal for the northern section of the site includes a 40,000 square foot, two-story office building, including medical space, and 141 parking spaces. If approved as proposed, the site would include a total of 62,000 square feet of floor area and 238 parking spaces. Access to the site would be provided from Old Sterling Drive and Sage Road.

The applicant is proposing to subdivide the site into two lots, #1 in the northern part of the site and #2 in the southern part.

The property is currently located within the Residential-2 (R-2) and the Residential-4 (R-4) zoning districts, and is identified as Chapel Hill Township Tax Map 27, Block B, Lot 7D (PIN# 9890506255).

BACKGROUND

The following rezonings, of parcels bordering the Sage Road Offices site, have been approved by the Council in recent years:

·        February 27, 1995 – Lowe’s Home Improvement Center site, to the south, was rezoned from Residential-4 (R-4) to Community Commercial-Conditional (CC-C);

·        April 14, 1997 - Presque Isle Condominiums site, to the northwest, was rezoned from Residential-2 (R-2) to Residential–5 Conditional (R-5-C);

·        October 12, 1998 - Chapel Hill Bible Church site, to the northeast, was rezoned from Residential-2 (R-2) to Residential–3 Conditional (R-3-C); and,

February 28, 2000 - Providence Glen Condominiums, to the west, was rezoned from Residential-2 (R-2) to Residential-5 Conditional (R-5-C).

            In addition we note that the Sage Road Offices site was designated as office land use on the Land Use Plan as part of the new Comprehensive Plan, adopted May 8, 2000, by the Town Council.

We note that this application was granted expedited processing by the Town Council on September 11, 2000.

EVALUATION

The Town staff has reviewed this application for compliance with the standards of the Development Ordinance and Design Manual and offers the following evaluation. We note that our evaluation is based on rezoning of the site to Office / Institutional-1-Conditional.

Existing Conditions: The 6.05 acre site is located southeast of the intersection of Sage Road and Old Sterling Drive. Lowe’s Home Improvement Center is southeast of the site and Grace Church is west, across Sage Road. Chapel Hill Bible Church, currently under construction is north of the site, across Old Sterling Drive. A 68-foot wide Duke Power easement straddles the eastern property line between the site and the recently approved Providence Glen Condominiums.

The site includes a number of significant hardwood and softwood trees, however most of the site is comprised of young pines. Most of the significant trees are clustered to the north of a drainage feature that bisects the site, with a northeast-southwest orientation. A 30-foot wide OWASA sewer easement overlays the drainage feature as well. The site is gently rolling and the northern portion of the site slopes toward the east-southeast, from 330 feet to 300 feet above sea level, at an average slope of about 9%. The southern portion of the site slopes toward the northeast, from 334 feet to 296 feet above sea level, at an average slope of about 8%. The site is not located in the Town’s Watershed Protection District.

Development Description: This Special Use Permit application proposes construction of two office buildings totaling 62,000 square feet of floor area. The applicant is proposing to subdivide the site into two lots, #1 in the northern part of the site and #2 in the southern part. The proposed three-story, 40,000 square foot, building 1 is on Lot 1. Half of its floor area would be used as medical clinic space and half for office-type business use. The proposed two-story, 20,000 square foot, building 2 would be on Lot 2. All of the floor area in building 2 is proposed to be used as medical clinic space.

Access to the site would be provided from Old Sterling Drive and Sage Road. The applicant has proposed to provide a drive connecting Lots 1 and 2 with a cross-access easement. The applicant is proposing a total of 238 vehicular parking spaces and 20 covered, illuminated, and secure bicycle parking spaces.

Intensity Standards: The proposed project would meet the Development Ordinance’s standards for floor area, outdoor space, and livability space, if the property were rezoned to Office / Institutional-1-Conditional (OI-1-C).

If the rezoning is denied, the development would not be in compliance with the Ordinance’s requirements for floor area, setbacks, and number of parking spaces.

Access and Circulation: Vehicular access to the site is proposed from two points of access, from Old Sterling Drive and Sage Road. The applicant has proposed to provide a drive connecting Lots 1 and 2. The applicant has also proposed a stub-out on the southern property line that may serve as a future connection to the adjacent property.

Old Sterling Drive is built to local street standards and Sage Road is built to arterial road standards. It is expected that Sage Road will function with arterial traffic volume in the future and that full turn movement access at the Sage Road entrance would interfere with traffic flow. For this reason we recommend that the Sage Road entrance be limited to right-in / right-out traffic movements only. We also recommend that a landscaped median built in Sage Road would function as the best mechanism to control vehicle movement. We recommend that the median be built centered on the driveway built to 10-foot wide and 200-foot long dimensions. We have included a stipulation to this effect in Resolution A.

There is an existing sidewalk along the Sage Road frontage and the applicant has offered to replace any damaged sections of this sidewalk. There is currently no sidewalk along the Old Sterling Drive frontage. The neighboring Providence Glen Condominiums development was recently required to provide a 5-foot sidewalk along this property’s frontage on Old Sterling Drive. If the sidewalk is not in place at the time of occupancy of Sage Road Office buildings, we have included a stipulation in Resolution A, which would require that this property’s portion of the Old Sterling Drive sidewalk be constructed.

We recommend that the applicant provide striping between pedestrian connections internal to the site. This would improve the utility of the internal sidewalk network and connections between buildings as well as off-site. We have included a stipulation to this effect in Resolution A.

We recommend that the applicant be provide pedestrian crosswalk striping across Old Sterling Drive at the intersection of Sage Road. This would improve pedestrian safety in the neighborhood. We have included a stipulation to this effect in Resolution A.

Parking: Based on proposed floor area, the Development Ordinance requires that a minimum number of parking spaces be provided on this site. The requirement is determined as follows:

Required and Proposed Parking
Use	Min. # Parking Spaces / s.f. Floor Area	Parking Spaces Required	Parking Spaces Proposed	Difference: Required / Proposed
Building 1 - 20,000 s.f. - Clinic Use	1 Parking Space / 250 s.f.	80	See subtotal	See subtotal
Building 1 - 20,000 s.f. Office-Type  - Business Use	1 Parking Space / 350 s.f.	57	See subtotal	See subtotal
Building 1 - Subtotal	na	137	141	4
Building 2 - 22,000 s.f. - Clinic Use	1 Parking Space / 250 s.f.	88	97	17
Total	na	225	238	21 (+9.7%)

The Development Ordinance requires a minimum of 217 parking spaces on this site and the applicant is proposing to provide a total of 238 parking spaces.  The proposed number of parking spaces falls within the maximum parking space policy (110% of minimum required spaces) established by the Town Council. The floor area in Building 1 is proposed to be divided between medical clinic and office-type business use with different parking requirements per square foot of floor area. The 20,000 s.f. of medical clinic use require one parking space per 250 square feet of floor area (80 spaces) and the 20,000 s.f. of office-type business use require one parking space per 350 square feet of floor area (57 spaces). All of the 22,000 square feet of floor area in Building 2 is proposed to be dedicated to medical clinic use and therefore a minimum of 88 parking spaces would be required.

We note that the applicant is proposing 50 compact spaces, or 21% of the total 238 proposed spaces. We believe that this number of compact parking spaces is reasonable.

Bicycle Parking: The applicant is proposing to provide a total of 20 covered, illuminated, and secure bicycle parking spaces. One bicycle parking area, is proposed near the front entrances of Buildings 1 and 2, with 10-spaces each. The Town’s Design Manual calls for 1 bicycle parking space for every 10 automobile spaces. In this case, that means that parking for 24 bicycles is required. We have included a stipulation in Resolution A to this effect.

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

“The signalized intersection of US 15/501 and Sage Road currently operates at Level-of-Service (LOS) C for the AM peak hour and LOS D for the PM peak-hour traffic conditions. With the addition of future growth, approved development and site traffic, the intersection will operate at LOS D in both the AM and PM peak hours with the current roadway laneage and signal phasing.”

“The unsignalized intersection of Sterling Drive and Sage Road currently operates with short to moderate delays for minor street turning traffic during the AM and PM peak hours. The intersection will operate with moderate delays for the minor street turning traffic during the AM and PM peak hours with the total year 2002 projected traffic volumes. No improvements are recommended.”

“The unsignalized intersection of Erwin Road and Sage Road currently operate with long delays for the minor street left-turning traffic during the AM and PM peak hours. In the year 2002, the intersection will continue to operate with long delays for the minor street left-turning traffic during the AM and PM peak hours. Currently, exclusive left-turn and right-turn lanes are present on the minor street approach to provide for short delays to right-turning traffic. This intersection is not expected to meet signal warrants with the future site traffic volumes. No improvements are recommended.”

“The unsignalized intersection of Sage Road and the Site Driveway will operate with moderate to long delays in the AM and PM peak hours, respectively, for future year 2002 traffic. We recommend a separate left and right turn lane exiting the development to provide for short delays for the right turning traffic. Our analyses show that the maximum queue is four vehicles and will occur during the PM peak hour.”

“The unsignalized intersection of Sterling Drive and the Site Driveway will operate with short delays in the AM and PM peak hours. No improvements are recommended.”

We note that if North Carolina Department of Transportation (NCDOT) agrees to the Weaver Dairy Road widening, which would be realigned with Sage Road, as requested by Town Council, then we understand that NCDOT would install a signal at the Erwin and Sage Roads intersection.

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

The applicant is proposing to clear and regrade part of the western buffer, along Sage Road, near the west end of Building 1. There are a number of medium sized pines and cedars between the Sage Road right-of-way and the parking lot and we recommend that the applicant not do any clearing or grading in this area. We have included a stipulation to this effect in Resolution A. We believe this stipulation may require the developer to install a retaining wall along the edge of the parking lot.

The applicant is also proposing to clear and regrade part of the northern buffer to serve as a drainage swale. Generally, we recommend that catch basins and stormwater pipes be used to catch stormwater drainage, rather than drainage swales, in order to minimize land disturbance in these areas. We have included a stipulation in Resolution A that a portion of the northern buffer between Old Sterling Drive and the parking lot remain undisturbed.

We believe it is preferable to minimize grading and retain existing vegetation, particularly where effective buffers are in place. One of the purposes of tree protection, as described in Section 11.1.3b of the Development Ordinance, is the following: “encourage the proper protection and maintenance of existing (emphasis added) trees, shrubs and soils on all public and some private lands.” A low impact design strategy is to minimize grading and retain existing vegetation. We recommend that the Sage Road buffer located between Sage Road and the parking lot remain undisturbed.  We also recommend that a portion of the Old Sterling Drive buffer located between Old Sterling Drive and the parking lot remain undisturbed. We note that several of the existing developments in the vicinity of the proposed development have retained native vegetation in buffer areas.

The applicant is also proposing to regrade a substantial portion of the southern buffer. We note that the applicant is proposing grading work outside of the southern property line as well, on the adjacent property, in a 35-foot grading and construction easement to be obtained from the adjacent property owner. We have included a stipulation in Resolution A requiring the applicant to obtain a grading and construction easement from the adjacent property owner for proposed grading work outside of the southern property line.

We note that the applicant will be required to provide a 10-foot type “B” buffer along the property line dividing Lots 1 and 2 when they are subdivided. We have included a stipulation to this effect in Resolution A. 

Several of the proposed buffer areas have fairly steep slopes. We recommend that all newly graded buffer landscape areas not exceed a 3:1 slope. Also, we recommend that all canopy trees installed in graded buffer landscape areas be a minimum of 3” - 3½” caliper, and that all small trees installed in the graded buffer landscape areas have a minimum of an 8’ height. We have included these stipulations in Resolution A.

We note that Town’s Development Ordinance requires 35% shading of parking lots. The applicant is proposing to provide shading for 38% of the parking lots. We recommend that all parking lot shade trees be a minimum of 3” – 3½” in caliper when installed. We have included this stipulation in Resolution A.

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 the post-development stormwater runoff rate not exceed the pre-development rate. The stormwater detention basin is proposed near the southwest corner of Lot 1 and is proposed to catch stormwater drainage from both Lots 1 and 2. We recommend that the detention basin be located on common area, owned by both building owners, rather than on part of Lot 1.Please refer to the discussion below regarding the proposed subdivision. A stipulation to this effect has been included in Resolution A.

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 must be based on the 25-year storm.

Bio-Retention: The applicant’s plans do not include bio-retention areas. We recommend bio-retention areas for the treatment of stormwater runoff. We have included a stipulation requiring that the proposed bio-retention area design, including a list of acceptable plant species, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. A stipulation to this effect has been included in Resolution A.

Subdivision Easements: The applicant proposes to subdivide the property into two parcels, each with a new building and an associated parking lot. If the proposed site is to be divided as a minor subdivision, we recommend that the applicant be required to provide recorded easements and/or maintenance agreements for cross-access, detention pond(s), and heavy-duty pavement, subject to the approval of the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

Refuse Management: The applicant proposes to provide refuse and recycling facilities for each building, in the northeast corner of Lot 1 and along the northern property line of Lot 2. Refuse collection would be provided by the Town of Chapel Hill and recycling collection would be provided by Orange Community Recycling.

We have also included our standard stipulations in Resolution A 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 compactor, future dumpsters and recycling facilities, be constructed with heavy duty pavement, and (3) that the following note be included on final plans; “prior to any construction activity on the site the applicant will hold a pre-construction conference with Orange County Solid Waste staff.”

Shower and Locker Facilities: We recommend that the applicant provide shower and locker facilities in each proposed building. We have included a stipulation to this effect in Resolution A.

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 a stipulation to this effect 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 (in a clearly visible and accessible location on the street side of buildings).

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. We have included a stipulation to this effect in Resolution A.

Miscellaneous: We have also included stipulations in Resolution A (1) requiring that no open burning associated with this development shall be permitted; and (2) encouraging the developer to conduct a “plant rescue” after the issuance of a Zoning Compliance Permit and prior to the start of construction.

Comprehensive Plan: The Sage Road Offices site was designated as office land use in the Land Use Plan as part of the new Comprehensive Plan, adopted May 8, 2000, by the Town Council.

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.

CONCLUSION

Based on information available at this stage of the application review process, we believe that the proposal, with the conditions in Resolution A, meets the requirements of the applicable sections of the Development Ordinance and Design Manual, and that the proposal fulfills the purposes of the Comprehensive Plan. We note that this conclusion is based on rezoning of the site to Office / Institutional-1-Conditional (OI-1-C)

Resolutions A, B, C, D, and E would approve the application with conditions.

Resolution F would deny the application.

ATTACHMENT 2

Project Fact Sheet Requirements

Check List of Regulations and Standards

Special Use Permit Application

	STAFF EVALUATION
	With OI-1-C Rezoning		With Current Zoning
SAGE ROAD OFFICES	Compliance	Non-Compliance	Compliance	Non-Compliance
Use Permitted	Ö			Ö
Min. Gross Land Area	Ö		Ö
Min. Lot Width	Ö		Ö
Max. Floor Area	Ö			Ö
Min. Outdoor Space	Ö			Ö
Min. Livability Space	Ö			Ö
Min. Recreation Space	N/A		N/A
Impervious Surface Limits	N/A		N/A
Min. # Parking Spaces	Ö		N/A
Min. # Loading Spaces	N/A		N/A
Min. # Handicap Spaces	Ö		N/A
Max. # Dwelling Units	N/A		N/A
Min. Street Setback	Ö			Ö
Min. Interior Setback	Ö			Ö
Min. Solar Setback	Ö			Ö
Max. Height Limit	Ö			Ö
Min. Landscape Buffers	Ö			Ö
Public Water and Sewer	Ö		Ö

N/A = Not Applicable                                                              Prepared: March 1, 2001

ATTACHMENT 3

RESOLUTION A

                                                                                            (Manager’s Preliminary Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR SAGE ROAD OFFICES

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by John R. McAdams Company, Inc., on property identified as Chapel Hill Township Tax Map 27, Block B, Lot 7D (PIN# 9890506255), if developed according to the site plan prepared on June 28, 2000, and revised on January 26, 2001, 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 Sage Road Offices in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

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 2 office buildings, consisting of a total of 62,000 square feet of floor area, specified as follows:

                       

                        Total # of Buildings:                                          2

                        Maximum Floor Area Total:                              62,000 s.f.

                        Maximum Clinic Floor Area:                             42,000 s.f.

            Maximum # of Parking Spaces:             238

            Minimum # of Bicycle Parking Spaces:  24

            Minimum Outdoor Space (s.f.):             232,758 s.f.

                        Minimum Livability Space (s.f.):                        138,510 s.f.

                                   

3.                  Subdivision Requirements: That this development (Chapel Hill Township Tax Map 27, Block B, Lot 7D), if proposed to be divided as a minor subdivision, shall be required to create easements and/or maintenance agreement(s) for cross-access, detention pond(s), and heavy-duty pavement, subject to the approval of the Town Manager with the recordation of the minor subdivision. The recorded maintenance agreement(s) shall be cross-referenced on the minor subdivision plat.

Stipulations Related to Required Improvements

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

5.                  Vehicular Connection to the South: A vehicular connection shall be constructed to the southern property line as identified on the approved plan. In addition, an access easement shall be recorded authorizing cross-access for the future development of the adjacent lot to the south.

6.                  Old Sterling Drive Sidewalk: That a 5’ sidewalk, built to Town standards, be installed on the south side of the development’s Old Sterling Drive frontage.

7.                  Sage Road Sidewalk: That the parts of Sage Road frontage sidewalk in disrepair shall be replaced.

8.                  Parking Lot Pedestrian Striping: That parking lot striping between pedestrian connections internal to the site shall be provided.

9.                  Old Sterling Drive/Sage Road Cross-Walk: That the applicant shall provide pedestrian crosswalk striping across Old Sterling Drive at the intersection of Sage Road.

10.              Sage Road Entrance/Exit: That the Sage Road entrance/exit shall be limited to right-in / right-out traffic movements only. A landscaped median shall be built in Sage Road to control vehicle movement and shall be centered on the driveway, built to 10-foot wide and approximately 200-foot long dimensions, to be approved by the Town Manager.

11.              Traffic Signal Payment-in-Lieu: That the applicant provide a proportional payment in-lieu for installation of a traffic signal at the Sage Road/Erwin Road intersection, not to exceed $1,800. This payment amount is based on the proportional 3% traffic impact of the proposed development at the Sage Road / Erwin Road intersection at peak hour, as applied to the estimated cost of a traffic signal. The impact fee formula is as follows: proportion of traffic impact x estimated signal cost = impact fee (3% x $60,000 = $1,800). The payment shall be refunded, if unused, 5 years from the date of the last Certificate of Occupancy issuance.

12.              Parking Spaces: That the applicant shall provide no more than 238 parking spaces, including no more than 50 compact-sized parking spaces.

13.              Bicycle Parking: That the applicant shall provide a total of 24 covered, illuminated, and secure bicycle parking spaces. One bicycle parking area, must be provided near the front entrances of Buildings 1 and 2, with 12-spaces each.

14.              Shower and Locker Facilities: That shower and locker facilities shall be provided in each new building.

Stipulations Related to Landscape Elements

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 which rare and specimen trees will be removed and preserved and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

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.              Undisturbed Landscape Buffers: The portion of the western Sage Road Buffer with pine and cedar trees located between Sage Road and the parking lot shall remain undisturbed. In addition, a portion of the northern Old Sterling Drive buffer with pine and cedar trees located between Old Sterling Drive and the parking lot shall remain undisturbed.

19.              Off-Site Grading: That an off-site temporary easement authorizing grading and landscaping shall be obtained from the adjacent property owner for work along the southern property line.

20.              Slopes in Buffer Areas: That all newly graded landscape buffer areas shall not exceed a 3:1 slope.

21.              Buffer Plantings: That all canopy trees installed in graded buffer areas shall be a minimum of 3” – 3½“ caliper when installed. Also, all small trees installed in graded buffer areas shall be a minimum of 8 feet in height.

22.              Parking Lot Plantings: That all parking lot shade trees used to demonstrate compliance with the 35% parking lot shading requirement, shall be a minimum of 3” - 3½“ in caliper when installed.

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

Stipulations Related to Utilities

24.              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, and the Town Manager before issuance of a Zoning Compliance Permit.

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

Stipulations Related to Fire Protection/Fire Safety

26.              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.

27.              Sprinkler System: That the buildings shall have a sprinkler system in accordance with Town Code, which shall be approved by the Town Manager.

28.              Fire Department Connections: That fire hydrants must be no more than 50 feet from fire department connections and that fire connections must be located on street side of buildings in visible, accessible locations.

Stipulations Related to Refuse and Recycling Collection

29.              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.

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

31.              Pre-construction Conference: That the applicant will hold a pre-construction conference with Orange County Solid Waste staff prior to any construction activity on the site. A note indicating such shall be included on final plans.

Miscellaneous Stipulations

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

33.              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.

34.              Stormwater Detention: That stormwater detention facility ownership and maintenance responsibilities be held in common between property owners, if a commercial subdivision is approved.

35.              Bio-Retention: That a bio-retention area(s) be incorporated into the site plan, subject to approved by the Town Manager, prior to issuance of a Zoning Compliance Permit.

36.              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.

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

37.              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.

            Furthermore, the applicant is encouraged to enter into shared parking agreements, for employees, with adjacent churches that may have excess parking capacity during regular business hours at Sage Road Offices.

38.              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.

39.              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.

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

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

42.              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 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.

43.              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.

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

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit for Sage Road Offices.

This the _________ day of _______________, 2001.

ATTACHMENT 4

RESOLUTION B

                                                                                                       (Planning Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR SAGE ROAD OFFICES

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by John R. McAdams Company, Inc., on property identified as Chapel Hill Township Tax Map 27, Block B, Lot 7D (PIN# 9890506255), if developed according to the site plan prepared on June 28, 2000, and revised on January 26, 2001, 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 Sage Road Offices 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.                  Sage Road Entrance/Exit: Remove Stipulation #8 from Resolution A.

3.                  Undisturbed Landscape Buffers: Remove Stipulation #15 from Resolution A.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit for Sage Road Offices.

This the _________ day of _______________, 2001.

ATTACHMENT 5

RESOLUTION C

                                                                                              (Transportation Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR SAGE ROAD OFFICES

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by John R. McAdams Company, Inc., on property identified as Chapel Hill Township Tax Map 27, Block B, Lot 7D (PIN# 9890506255), if developed according to the site plan prepared on June 28, 2000, and revised on January 26, 2001, 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 Sage Road Offices 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.                  Subdivision Requirements: That commercial subdivision provisions be required rather than minor subdivision provisions as specified in Resolution A. Accordingly, Stipulation #3 of Resolution A shall be revised as follows:

a.       “That this development (Chapel Hill Township Tax Map 27, Block B, Lot 7D), if proposed to be subdivided, must be subdivided in accordance with the Town’s commercial subdivision provisions. Parking, drive aisles, and outdoor space shall be common land area.”

3.                  Parking Spaces:That no more parking spaces than the minimum required by the Development Ordinance be allowed (225) with an allowance to construct up to the 238 spaces proposed, if warranted by demand. Accordingly Stipulation #10 of Resolution A shall be revised as follows:

a.       “That no more than the minimum number (225) of parking spaces, required by the Development Ordinance, are allowed. However, that number of spaces may be increased to no more than 238 parking spaces if applicant demonstrates that additional parking spaces are warranted by demand.”

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit for Sage Road Offices.

This the _________ day of _______________, 2001.

ATTACHMENT 6

RESOLUTION D

                                                                   (Bicycle and Pedestrian Advisory Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR SAGE ROAD OFFICES

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by John R. McAdams Company, Inc., on property identified as Chapel Hill Township Tax Map 27, Block B, Lot 7D (PIN# 9890506255), if developed according to the site plan prepared on June 28, 2000, and revised on January 26, 2001, 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 Sage Road Offices 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.                  Driveway Sidewalks: That a  sidewalk must be constructed on both sides of the Sage Rd. driveway entrance.

3.                  Minimum/Compact Parking Spaces: That the applicant shall not construct more than the minimum required parking spaces (225) and that the applicant shall not construct more than 10% compact parking spaces (23).

4.                  Pedestrian Connections: That pedestrian connections shall be improved between the bus stop on Old Sterling Drive, at Providence Place, to the proposed Sage Road Office buildings.

5.                  Sage Road/Erwin Road Signal: That the Town of Chapel Hill shall request that the North Carolina Department of Transportation install a “bicycle sensitive” signal at Sage and Erwin Roads. The signal would be triggered by the presence of bicycles at the intersection.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit for Sage Road Offices.

This the _________ day of _______________, 2001.

ATTACHMENT 7

RESOLUTION E

                                                                              (Community Design Commission Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR SAGE ROAD OFFICES

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by John R. McAdams Company, Inc., on property identified as Chapel Hill Township Tax Map 27, Block B, Lot 7D (PIN# 9890506255), if developed according to the site plan prepared on June 28, 2000, and revised on January 26, 2001, 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 Sage Road Offices 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.                   Impervious Surfaces: That pervious surfaces be used in place of impervious surfaces, where practical.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit for Sage Road Offices.

This the _________ day of _______________, 2001.

ATTACHMENT 8

RESOLUTION F

(Denying the Application)

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR SAGE ROAD OFFICES

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by John R. McAdams Company, Inc., on property identified as Chapel Hill Township Tax Map 27, Block B, Lot 7D (PIN# 9890506255), if developed according to the site plan prepared on June 28, 2000, and revised on January 26, 2001, and conditions listed below, would not:

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 REASONS FOR DENIAL)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for a Special Use Permit for Sage Road Offices.

This the ____ day of ____________, 2001.

 ATTACHMENT 9

 RESOLUTION G

(Defining Contiguous Property)

A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT APPLICATION FOR SAGE ROAD OFFICES (2001-03-19/R-1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, having considered the evidence submitted in the Public Hearing thus far pertaining to the application for Special Use Permit for Sage Road Offices, hereby determines, for purposes of Development Ordinance Section 18.3, Finding of Fact c), contiguous property to the site of the development proposed by this Special Use Permit application to be that property described as follows:

All properties within                  feet of the site.

This the 19^th day of March 2001.