Sage Road Offices - Application for Special Use Permit

Tonight the Council continues the Public Hearing from March 19, 2001, regarding the Special Use Permit application for an office building development on 6.05-acre site located southeast of the intersection of Sage Road and Old Sterling Drive, across from Grace Church, and behind the Lowe’s Home Improvement Center. Adoption of Resolutions A, B, C, D, or E would approve a Special Use Permit application. Adoption of Resolution F would deny the request.

Please refer to the accompanying memorandum for a discussion of the Zoning Atlas Amendment application that is accompanying this Special Use Permit application. The Zoning Atlas Amendment application proposes to rezone the northern this 6.05-acre sit from Residential-2 (R-2) and Residential-4 (R-4) to Office / Institutional-1-Conditional (OI-1-C) zoning.

On March 19, 2001, a Public Hearing was held for consideration of a Special Use Permit application to authorize construction of an office building development on a 6.05-acre site located southeast of the intersection of Sage Road and Old Sterling Drive, across from Grace Church, and behind the Lowe’s Home Improvement Center. 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 March 19, 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 March 19, 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. Based on the evidence that is accumulated during the Public Hearing, the Council will consider whether or not it can make each of the four required findings for the approval of a Special Use Permit.

If, after consideration of the evidence submitted at the Public Hearing, the Council decides that it can make each of the four findings, the 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.

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

Evidence in support: Evidence in support of Finding #1 for this application has been provided by the applicant’s Statement of Justification (provided as an attachment to this memorandum). We note the following key points raised by the applicant:

· “As detailed in the “Proposed Development” section of the Applicant’s Statement, the proposed site plan is designed to preserve significant natural features and to minimize the impact of the development on adjacent and nearby properties. Additionally, the site is near public transportation and major transportation routes, which make it an ideal location for an office development.” [Applicant Statement]

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

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

Evidence in support: Evidence in support of Finding #2 for this application has been provided by the applicant’s Statement of Justification (provided as an attachment to this memorandum). We note the following point offered by the applicant:

Evidence in opposition: Evidence in opposition of Finding #2 for this application would include the fact that, if the accompanying Zoning Atlas Amendment application is not approved, that the proposed development does not meet the Development Ordinance requirements for (1) permitted use, (2) maximum floor area, (3) minimum outdoor space, (4) minimum livability space, (5) minimum setbacks, (6) maximum height, and (7) minimum landscape buffers on the site. [Staff Statement]

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

Evidence in support: Evidence in support of Finding #3 for this application has been provided by the applicant’s Statement of Justification (provided as an attachment to this memorandum). We note the following key points raised by the applicant:

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

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

Evidence in support: Evidence in support of Finding #4 for this application has been provided by the applicant’s Statement of Justification (provided as an attachment to this memorandum). We note the following key point raised by the applicant:

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

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

We believe that the key issues brought forth during the March 19 Public Hearing were related to transportation and landscaping. We have provided a list of individual questions/issues raised during the Hearing, followed by responses from the applicant and/or Town staff, as an attachment to this memorandum.

TRANSPORTATION ISSUES

1. Council members expressed concern about the functional viability of the recommended limited access Sage Road driveway (right-in / right-out). Specifically, Council members asked if limited access to Sage Road would be prohibitive or unsafe for emergency vehicle movement.

Staff Comment: There are two proposed points of access to the site, at Sage Road and old Sterling Drive and a third future access is located to the south, adjacent to the Lowe’s property. It is not known at this time when the stub-out would be connected.

It is expected that Sage Road will function with arterial traffic volumes in the future when Sage Road and Weaver Dairy Road are connected. At the March 19 Public Hearing we expressed concern that full access would potentially interfere with expected arterial traffic volumes and had therefore recommended a limited access entrance. The applicant has requested a full-access drive on Sage Road to facilitate emergency vehicle movement.

Our preliminary recommendation called for construction of a landscaped median in Sage Road. It was anticipated that emergency vehicles could make U-turns around the recommended 200-foot median to enter the drive in those cases where it was necessary. The applicant provided technical information showing that emergency vehicle turning radii prevented a safe U-turn and staff has confirmed this. Therefore, our revised recommendation is to allow a full-access drive on Sage Road. We note that our revised recommendation does make exception to Design Manual standards, which does not allow driveway access to arterial roads where access to a road of a lesser standard is available.

We note that a full-access driveway on Sage Road will create greater traffic impacts on Fordham Boulevard than a limited-access driveway. The traffic impact generated by a full-access driveway was detailed in the applicant’s Traffic Impact Statement. 234 vehicles would make the am peak hour left turn traffic movement from Fordham Boulevard to Sage Road. 200 vehicles would make the pm peak hour left turn traffic movement from Sage Road onto Fordham Boulevard. We therefore recommend that the applicant pay a fee for the purpose of retiming four signals on Fordham Boulevard, southeast of the Sage Road intersection. The typical fee for signal retiming is $850 per signal, or a total of $3,400. We have included this stipulation in the revised Resolution A.

We note that the North Carolina Department of Transportation may choose to install a median in Sage Road in the future if they consider it to be necessary.

2. A Council member expressed concern that the following recommendation by the Bike and Pedestrian Advisory Board was not included in Resolution A: “Improvement to the pedestrian connections from the proposed bus stop in front of Providence Glen Condominiums development to the site should be included.”

Staff Comment: We believe this recommended condition has been addressed. Resolution A includes a stipulation that would require supplemental parking lot striping between pedestrian connections internal to the site.

Providence Glen Condominiums will provide a sidewalk along the south side of Old Sterling Drive, from Eastowne Drive to Sage Road, and a bus stop on their frontage. The bus stop will be about a 560-foot walk to the proposed Old Sterling Drive entrance to Sage Road Offices. We believe there are good sidewalk connections to both buildings internal to the proposed Sage Road Offices site, with 3 points at which pedestrians would have to walk across drive aisles. There is also a sidewalk connection to the southern part of the site directly from Providence Glen Condominiums. We have recommended in Resolution A that the applicant provide cross-walk striping at those points where pedestrians must cross the drive aisles. We believe that the applicant’s proposed pedestrian infrastructure and recommended improvements in Resolution A adequately address the concerns of the Bike and Pedestrian Advisory Board (See Attachment # 8).

3. A Council member inquired if there is bus service on Sage Road and how people would get into the proposed Sage Road Offices development.

Staff Comment: The Chapel Hill Transit CL bus route currently serves the area, with the nearest bus stop located on the west side of Sage Road near the intersection of Coleridge Drive. Pedestrians will be able to access the proposed Sage Road Offices development by using the existing sidewalks on Sage Road or the future sidewalk on Old Sterling Drive. From either entrance to the site, pedestrians would then be able to use the proposed sidewalks internal to the site. In addition, a future bus stop will be built on Old Sterling Drive by the Providence Glen Condominium developer, allowing pedestrians to access the proposed Sage Road Offices via the Old Sterling Drive entrance (see #2 above for additional discussion).

4. Council discussion questioned whether the landscape buffers in portions of the Sage Road and the Old Sterling Drive buffer areas should remain undisturbed or be graded and replaced with new landscaping?

Staff Comment: We continue to believe that 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.

However, if the Council wishes to allow land disturbance and re-landscaping in these areas, as proposed by the applicant, stipulation #18 could be removed from Resolution A.

Recommendations

Please note that Advisory Board recommendations are summarized below. Detailed descriptions of these recommendations are included in the attached March 19, 2001 Public Hearing Memorandum.

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 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 conditions 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).

Ø That the Sage Road entrance/exit be limited to right-in / right-out traffic movements only. It is recommended that a landscaped median be built in Sage Road to control vehicle movement.

Staff Comment:It is expected that Sage Road will function with arterial traffic volumes in the future when Sage Road and Weaver Dairy Road are connected. At the March 19 Public Hearing we expressed concern that full access would potentially interfere with expected arterial traffic volumes and had therefore recommended a limited access entrance. The applicant has requested a full-access drive on Sage Road to facilitate emergency vehicle movement.

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.

Resolution A includes the following two recommended conditions 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.

In addition, a third recommendation from this board is included in Resolution A but in a modified form.

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 this recommended condition has been addressed in Resolution A with alternative language. Resolution A includes a stipulation that would require supplemental striping between pedestrian connections internal to the site (see #2 in Key Issues for additional discussion).

Resolution D includes the following recommended conditions of the Bicycle and Pedestrian Advisory Board (these are not included in Resolution A):

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

Staff Comment: We note that recent case law has established a principle called “rational nexus” requiring that there be a clear relationship between requirements attached to a development approval, and the needs and impacts that are created by this proposed development. We do not believe that such a relationship exists in this situation. Resolution A, the Manager’s revised recommendation, would not require that the applicant be required to construct a sidewalk on both sides of the Sage Rd. driveway entrance. We believe that the sidewalks proposed by the applicant are 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 proposed (238) and the percentage of compact parking spaces proposed (21%) 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 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 note that recent case law has established a principle called “rational nexus” requiring that there be a clear relationship between requirements attached to a development approval, and the needs and impacts that are created by this proposed development. We do not believe that such a relationship exists in this situation. Resolution A, the Manager’s revised recommendation, would not require that new traffic signals be designed so bicycles at intersections trigger them. We concur that ideally 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 Revised Recommendation: Based on the information in the record to date, we believe that the Council could make the four findings required to approve the Special Use Permit, if the site is rezoned to Office / Institutional-1-Conditional (OI-1-C).

We recommend that the Council adopt Resolution A, approving the application with conditions.

“Signal Retiming: That the applicant shall provide a fee of $3,400 for the purpose of retiming four signals on Fordham Boulevard, southeast of the Sage Road intersection.”

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.

SAGE ROAD OFFICES SPECIAL USE PERMIT

REVISED DIFFERENCES AMONG RESOLUTIONS

ISSUE	Resolution A Manager’s Revised Recommendation	Resolution B Planning Board Recommendation	Resolution C Transportation Board Recommendation	Resolution D Bicycle and Pedestrian Advisory Board Recommendation	Resolution E Community Design Commission Recommendation
Require commercial subdivision provisions for property division	No	No	Yes	*	*
Allow full-access from Sage Road driveway rather than limited access	Yes	Yes	No	*	*
Allow 50 (21%) compact parking spaces	Yes	Yes	Yes	*	*
Allow grading in Sage Road and Old Sterling Drive buffers rather than saving vegetation	No	Yes	*	*	Yes
Limit parking to 225 spaces rather than 238 spaces, unless warranted by demand	No	*	Yes	*	*
Require no more than 225 parking spaces and 10% compact spaces	No	*	*	Yes	*
Require $1,800 proportional payment-in-lieu for traffic signal at Sage and Erwin Roads	Yes	Yes	Yes	Yes	*
Require $3,400 fee for the retiming of 4 Fordham Boulevard traffic signals, southeast of the Sage Road intersection	Yes	*	*	*	*
Require that signal design at Sage and Erwin Roads is “bicycle sensitive”	No	*	*	Yes	*
Require Transportation Mgmt. Plan**	Yes	*	Yes	*	*

SAGE ROAD OFFICES SPECIAL USE PERMIT

REVISED DIFFERENCES AMONG RESOLUTIONS

ISSUE	Resolution A Manager’s Revised Recommendation	Resolution B Planning Board Recommendation	Resolution C Transportation Board Recommendation	Resolution D Bicycle and Pedestrian Advisory Board Recommendation	Resolution E Community Design Commission Recommendation
Require that pervious surfaces be used rather than impervious surfaces, where practical	No	*	*	*	Yes
Require sidewalk along both sides of Sage Road driveway	No	*	*	Yes	*
Require pedestrian crosswalk on Old Sterling Dr. at Sage Rd. intersection	Yes	*	*	Yes	*
Require improved pedestrian connections between bus stop at Providence Glen Condominiums and Sage Road Offices	***	*	*	Yes	*
Require that shower and locker facilities be provide in each building	Yes	*	*	Yes	*

* 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

7. March 21, 2001 Letter to Mayor and Town Council from Chapel Hill Pediatrics (p. 27).

9. March 19, 2001 Public Hearing Memorandum and Related Attachments (begin new page 1).

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR SAGE ROAD OFFICES (2001-04-09/R-16a)

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. That construction begin by April 9, 2003 (two years from the date of Council approval) and be completed by April 9, 2004 (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:

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.

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 Crosswalk: That the applicant shall provide pedestrian crosswalk striping across Old Sterling Drive at the intersection of Sage Road.

10. Signal Retiming: That the applicant shall provide a fee of $3,400 for the purpose of retiming four signals on Fordham Boulevard, southeast of the Sage Road intersection.

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.

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.

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.

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.

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:

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

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.

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR SAGE ROAD OFFICES (2001–04–09/R-16b)

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.

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.

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.

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR SAGE ROAD OFFICES (2001–04–09/R-16c)

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.

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 #12 of Resolution A shall be revised as follows:

“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.”

4. 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 dimension to be approved by the Town Manager.

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.

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR SAGE ROAD OFFICES (2001–04–09/R-16d)

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.

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). Accordingly Stipulation #12 of Resolution A shall be revised as follows:

“That the applicant shall provide no more than the minimum required number of parking spaces (225) by the Development Ordinance, and that no more than 10% of these spaces shall be 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.

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR SAGE ROAD OFFICES (2001–04–09/R-16e)

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.

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.

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR SAGE ROAD OFFICES (2001–04–09/R-16f)

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.

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.