AGENDA #2

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Public Hearing: Wilshire Place – Application for Special Use Permit Modification

 

DATE:             April 18, 2001

 

INTRODUCTION

 

An application seeking approval of a Special Use Permit Modification has been filed by the Wilshire Place in the 100 block of South Estes Drive. The proposal includes:

 

·        removal of an existing single family home;

·        construction of a four-story, 14,500 square foot residential building, with 12 dwelling units; and,

·        construction of a parking lot for 30 vehicles

 

The 1.4-acre site is located in the 100 block of South Estes Drive, between South Estes and Conner drives, west of Chapel Hill Professional Village and east of The Center development. The site is located in the Town’s Office/Institutional-2 (OI-2) zoning district and Watershed Protection District.

 

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

 

PROCESS

 

The Development Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit Modification application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Town standards; we have presented a report to the Planning Board; and tonight we submit our report and preliminary recommendation to the Council.

 

The standard for review and approval of a Special Use Permit Modification 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 Modification 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.

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.

 

CONTIGUOUS PROPERTY

 

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

 

That the use of development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property or that the use or development is a public necessity.

 

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 Modification 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 Fprovides a format for determining the definition of contiguous property for this application.

 

BACKGROUND

 

The site was acquired by Wilshire Boulevard Partnership in 1977. A Special Use Permit was approved by the Town Council on November 14, 1977 and encumbers 4 lots, totaling 4.14-acres. 42,750 square feet of floor area and 185 parking spaces were approved for phases 1-4; three of four phases were developed as part of Chapel Hill Professional Village for office use. Phase 4, on the southern-most lot (TMBL # 7.47.A.23) was approved for office use as well, but was never built.

 

A Special Use Permit Modification was approved by the Town Council September 24, 1979 in order to change the phasing sequence of the development. The applicant has since acquired frontage on Estes Drive and would like to modify the Special Use Permit to expand the boundary of the Special Use Permit, develop a residential apartment building, and subdivide phase 4 from phases 1-3. Although this phase was originally intended for office use, the proposed residential development is an allowed use in this zoning district, Office/Institutional-2 (OI-2).

 

We note that all 4 phases would continue to be encumbered by the Special Use Permit Modification. 

 

Description of the Application

 

The 1.4-acre site is located in the 100 block of South Estes Drive, between South Estes and Conner drives, west of Chapel Hill Professional Village and east of The Center development. Located in the Office/Institutional-2 (OI-2) zoning district, the property is identified as Chapel Hill Township Tax Map 47, Block A, Lots 7, 21, 22B, and 23. The property is located in the Watershed Protection District.

 

Existing Conditions: The site is located in the 100 block of South Estes Drive, between South Estes and Conner drives, approximately 400 feet southeast of the intersection of East Franklin Street. The property is also adjacent to the Chapel Hill Center development. There are 3 existing office buildings in phases 1-3 of the Special Use Permit Modification. There is an abandoned single-family house on the phase 4 parcel that will be relocated.

 

The site slopes gently (average 10%) away from a plateau in the northern part of the site in multiple directions. The grade increases as it approaches the property boundary, especially toward Chapel Hill Professional Village in the east. The site is vegetated with a mixture of medium to large hardwoods and softwoods; included are several significant oaks (15”, 24” and 36”) and an 18” maple.

 

The 1.4-acre site is located within the Office/Institutional-2 (OI-2) zoning district and the Town’s Watershed Protection District.

 

Development Description: The 1979 Special Use Permit Modification encumbering the proposed Wilshire Place development site allowed construction of an office building that was never constructed. The applicant has proposed a Special Use Permit Modification to construct a four-story, 14,500 square foot residential building. A total of twelve dwelling units are proposed on the second, third and fourth floors. Parking for 30 vehicles is proposed at ground level.

 

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 also is provided as an attachment to this memorandum.

 

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

 

Tonight the Council receives our attached evaluation, and also receives information submitted by the applicant and others. The applicant’s materials are included as attachments to this memorandum. We have received one email correspondence from a citizen regarding the application (See Attachment 19). 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 Modification. 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 Modification 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.

 

KEY ISSUES

Based on the review of this development application by Town advisory boards and the Town staff, we believe that the key issues that have been identified are parking and stormwater management. We offer the following discussion:

 

Parking: Subsection 14.6.7 of the Development Ordinance requires that a minimum of 18 parking spaces be provided on this site (based on 1.5 parking spaces per unit). The applicant proposes a total of 30 parking spaces, with 26 parking spaces located beneath the building plus an additional 4 spaces north of the building; 3 of the spaces would be for handicapped parking.

 

We note that the Council has stated its expectation that parking in new developments not exceed 110% of the minimum parking spaces requirement provided in the Development Ordinance. The maximum number of parking spaces allowed under the Council policy would be 20 spaces and the applicant has proposed 10 parking spaces over this limit.

 

We note that locating parking beneath the building (26 of the 30 proposed parking spaces), minimizes what would normally be additional impervious surface for surface parking spaces. Given the unique character of the proposed parking configuration we recommend that the applicant be permitted to exceed the 110% parking space limit normally imposed by Council, but that the only parking that would be permitted would be the spaces under the building.

 

Manager’s Comment: The Manager’s preliminary recommendation is that the applicant reduce the number of proposed parking spaces by 4 for a total of 26 parking spaces, or 6 spaces over the 110% limit. With 26 parking spaces, the proposal would provide 2 spaces per dwelling unit with 4 guest spaces. We furthermore recommend that the 4 eliminated spaces be comprised of the 4 proposed uncovered spaces. We have included this stipulation in Resolution A.

 

Stormwater Management: It is Town policy that the post-development stormwater runoff rate shall not exceed the pre-development rate, based on a 25-year storm. The applicant is proposing a stormwater detention pond in the eastern buffer area to detain the 25-year storm. We believe that the location and mechanism for stormwater management proposed by the applicant are inappropriate for this site.

 

We note that the site is located inside the Watershed Protection District and is subject to the impervious surface intensity limits as specified in Section 10.5.2 of the Development Ordinance. The applicant’s proposal falls below the 24% impervious surface threshold or “Low Density Option” for controlling stormwater pollution and therefore is not required to provide permanent retention on-site.

 

Manager’s Comment: We do not believe that a detention pond is the most appropriate best management practice (BMP) for managing the 25-year storm or that its proposed location is optimal. The proposed detention pond is located in a buffer area and we recommend that this vegetation be retained. We believe that the limited space on this site and desire to retain the buffer vegetation suggest an alternative best management practice to bio-retention.

 

We recommend that stormwater detention and water quality management be accomplished with an alternative system. We recommend that an underground detention system be sited southeast of the proposed building to retain the buffer area. This system would detain water to meet Development Ordinance requirements and release it into a "level spreader" type vegetated swale to facilitate sheet flow toward the eastern buffer area. The sheet flow would be biologically treated by existing vegetation in the buffer area, in a manner similar to bio-retention facilities, yet being more suitable to the particular space constraints of this site. We have included a stipulation in Resolution A requiring that an alternative underground storage system with a “level spreader” vegetated swale stormwater detention facility be provided.

 

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:

 

 

The Manager’s recommendation incorporates input from all Town departments involved in review of the application.

 

SUBSEQUENT REGULATORY STEPS

 

Following is a brief outline describing the next steps in the development review process, should the Council approve the Special Use Permit Modification application:

 

1.      Applicant accepts and records the Special Use Permit Modification, 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 April 3, 2001 and voted 9-0 to recommend that the Council approve the application without reference to a specific resolution. Please see the attached Summary of Planning Board Action.

 

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

 

Ø      That the applicant attempt to save the two large hardwoods (15” oak and 18” maple) between the drive aisle and northwest property line and replace them with like species if they die.

 

Staff Comment: We agree that significant trees should be saved wherever possible and that if the trees cannot be saved, replacement with the same species is desirable.

 

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

 

Ø      That the applicant provide 30 parking spaces total, 26 beneath the building and 4 spaces outside.

 

Staff Comment: We note that the Council has stated its expectation that parking in new developments not exceed 110% of the minimum parking spaces requirement provided in the Development Ordinance. The maximum number of parking spaces allowed under the Council policy would be 20 spaces and the applicant has proposed 10 parking spaces over this limit.

 

We note that 26 of the 30 proposed parking spaces, located beneath the building, are minimizing what would normally be additional impervious surface for surface parking spaces. Given the unique character of the proposed parking configuration we recommend that the applicant be permitted to exceed the 110% parking space limit normally imposed by Council for a total of 26 parking spaces. However, we do not recommend that the applicant be allowed to build the 4 additional proposed outdoor parking spaces. 

 

Transportation Board Recommendation: The Transportation Board reviewed this application on April 3, 2001, and voted 6-0 to recommend that the Council approve the application with the adoption of Resolution A. Please see the attached Summary of Transportation Board Action.

 

Community Design Commission Recommendation: The Community Design Commission reviewed this application on March 21, 2001, and voted 8-1 to recommend that the Council approve the application without reference to a specific resolution. Please see the attached Summary of Community Design Commission Action to the Council.

 

Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on April 10, 2001, and voted 4-1 to recommend that the Council approve the application without reference to a specific resolution. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action to the Council.

 

Resolution A includes the following recommended condition of the Bike and Pedestrian Advisory Board:

 

Ø      That the applicant provide a sidewalk connecting the building to Estes Drive, via the Estes Drive frontage, if feasible.

 

Staff Comment: We agree that a sidewalk connecting the proposed development with Estes Drive, on the Estes Drive frontage would provide a safer pedestrian access than alternate routes from the site. The existing and proposed sidewalks would not provide uninterrupted access to the site but would require crossing driveways and parking areas.

 

 

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

 

Ø      That the applicant provide 30 parking spaces total, 26 beneath the building and 4 spaces outside.

 

Staff Comment: We do not agree with this recommendation and recommend that the applicant provide 26 spaces total, all located beneath the building. For further discussion see staff comment under Planning Board recommendations.

 

Parks and Recreation Commission: The Parks and Recreation Commission voted unanimously (7-0) to recommend that the recreation requirements for this application be met with a payment-in-lieu.

 

Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary conclusion is that the application complies with standards and regulations of the Development Ordinance.

 

Following tonight’s Public Hearing, we will prepare an evaluation of the evidence submitted in support of, and in opposition to this application. If the Council makes 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 Modification, we recommend that the application be approved with the adoption of Resolution A.

 

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

 

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

 

Resolution C would approve the application based on the recommendations of the Community Design Commission and Parks and Recreation Commission.

 

Resolution D would approve the application based on the recommendations of the Bike and Pedestrian Advisory Board.

 

Resolution E would deny the application.

 

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

WILSHIRE PLACE SPECIAL USE PERMIT MODIFICATION

DIFFERENCES AMONG RESOLUTIONS

 

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

 

 

 

ATTACHMENTS

 

1.                  Planning Staff Report  (p. 12).

2.                  Checklist of Project Fact Sheet Requirements  (p. 20).

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

4.                  Resolution B – Approving the Application (p. 27).

5.                  Resolution C – Approving the Application  (p. 28).

6.                  Resolution D – Approving the Application  (p. 29).

7.                  Resolution E – Denying the Application  (p. 30).

8.                  Resolution F – Defining Contiguous Property for this Application  (p. 31).

9.                  Summary of Planning Board Action  (p. 32).

10.              Summary of Transportation Board Action (p. 33).

11.              Summary of Community Design Commission Action (p. 34).

12.              Summary of Bicycle and Pedestrian Advisory Board Action (p. 35).

13.              Summary of Parks and Recreation Commission Action (p. 36).

14.              Applicant’s Statement of Justification  (p. 37).

15.              Detailed Site Analysis (p. 41).

16.              Project Fact Sheet  (p. 50).

17.              Reduced Area Map and Site Plans  (p. 56).

18.              Elevation of Proposed Building (p. 62).

19.              April 3, 2001 Correspondence From Citizen – Dorothy Meyer (p. 63).

ATTACHMENT 1

Planning Staff Report

 

SUBJECT:       Wilshire Place – Application for a Special Use Permit Modification  (File No. 7.47.A.7, 21, 22B, and 23)

 

DATE:April 18, 2001

 

INTRODUCTION

 

Attached for your consideration is an application for a Special Use Permit Modification to allow construction of a four-story, 14,500 square foot building on a 1.4-acre site. A total of twelve dwelling units are proposed on the second, third and fourth floors. The site is situated between South Estes Drive and Conner Drive, being adjacent to and west of the Chapel Hill Professional Village. Located in the Office/Institutional-2 (OI-2) zoning district, the property is identified as Chapel Hill Township Tax Map 47, Block A, Lots 7, 21, 22B, and 23 (PIN numbers 9799034313, 9799037226, 9799035187, and 9799023967). The property is located in the Watershed Protection District.

 

The Planning Board, Transportation Board, and the Bicycle and Pedestrian Advisory Board are asked to make a recommendation to the Council on this application. The Public Hearing for this application has been scheduled for April 18, 2001.

 

Two points of access are proposed to the 1.4-acre site.

 

BACKGROUND

 

The site was acquired by Wilshire Boulevard Partnership in 1977. A Special Use Permit was approved by the Town Council on November 14, 1977 and encumbers 4 lots, totaling 4.14-acres. 42,750 square feet of floor area and 185 parking spaces were approved for phases 1-4; three of four phases were developed as part of Chapel Hill Professional Village for office use. Phase 4, on the southern-most lot (TMBL # 7.47.A.23) was approved for office use as well, but was never built.

 

A Special Use Permit Modification was approved by the Town Council September 24, 1979 in order to change the phasing sequence of the development. The applicant has since acquired frontage on Estes Drive and would like to modify the Special Use Permit to expand the boundary of the Special Use Permit, develop a residential apartment building, and subdivide phase 4 from phases 1-3. Although this phase was originally intended for office use, the proposed residential development is an allowed use in this zoning district, Office/Institutional-2 (OI-2).

 

 

The site was acquired by Wilshire Boulevard Partnership in 1977. A Special Use Permit was approved by the Town Council on November 14, 1977 and encumbers 4 lots, totaling 4.14-acres. 42,750 square feet of floor area and 185 parking spaces were approved for phases 1-4; three of four phases were developed as part of Chapel Hill Professional Village for office use. Phase 4, on the southern-most lot (TMBL # 7.47.A.23) was approved for office use as well, but was never built.

 

A Special Use Permit Modification was approved by the Town Council September 24, 1979 in order to change the phasing sequence of the development. The applicant has since acquired frontage on Estes Drive and would like to modify the Special Use Permit to expand the boundary of the Special Use Permit, develop a residential apartment building, and subdivide phase 4 from phases 1-3. Although this phase was originally intended for office use, the proposed residential development is an allowed use in this zoning district, Office/Institutional-2 (OI-2).

 

We note that all 4 phases would continue to be encumbered by the Special Use Permit Modification.     

 

EVALUATION

 

The Town staff has reviewed this application for compliance with the standards of the Development Ordinance and Design Manual. Evaluation will focus on the phase 4 portion of the development, referring to phases 1-3 as necessary. We offer the following assessment:

 

Existing Conditions: The site is situated between South Estes Drive and Conner Drive, being adjacent to and west of the Chapel Hill Professional Village. The property is also adjacent to the Chapel Hill Center development. There are 3 existing office buildings in phases 1-3 of the Special Use Permit Modification. There is an abandoned single-family house on the phase 4 parcel that will be relocated.

 

 

The site slopes gently (average 10%) away from a plateau in the northern part of the site in multiple directions. The grade increases as it approaches the property boundary, especially toward Chapel Hill Professional Village in the east. The site is vegetated with a mixture of medium to large hardwoods and softwoods; included are several significant oaks (15 inch, 24 inch and 36 inch) and an 18-inch maple.

 

The 1.4-acre site is located within the Office/Institutional-2 (OI-2) zoning district and the Town’s Watershed Protection District.

 

Description of Proposed Development

 

The 1979 Special Use Permit Modification encumbering the proposed Wilshire Place development site allowed construction of an office building that was never constructed. The applicant has proposed a Special Use Permit Modification to construct a four-story, 14,500 square foot residential building. A total of twelve dwelling units are proposed on the second, third and fourth floors. Parking for 30 vehicles is proposed at ground level.

 

Intensity Standards: The proposed project meets the Development Ordinance’s standards for outdoor space and livability space for the Office/Institutional-2 (OI-2) zoning district.

 

Required and Proposed Land Use Intensity

     *Payment-in-lieu proposed

 

 

We note that 31,978 square feet of floor area were permitted for phases 1-3 of Chapel Hill Professional Village and that 35,767 have been built, thereby exceeding the current maximum floor area (floor area ratios were lowered in 1985) by 3,789 square feet. The applicant is proposing to use 14,500 square feet of the maximum floor area (19,210 square feet) in phase 4. As a result, the applicant has chosen to transfer 14,352 square feet of gross land area, and consequently 3,790 square feet of floor area, to phases 1-3 in order to satisfy the minimum floor area requirements for that portion of the development.

 

The applicant intends to subdivide the residential lot and separate it from the other office phases. For this reason, the applicant has chosen to reallocate land and floor area, allowing separate phases to meet maximum floor area thresholds. We believe this approach is reasonable. 

 

Access and Circulation: Two points of access are proposed to the 1.4-acre residential lot, via existing access easements. The proposed access on the northwest side of the 1.4-acre lot would connect to South Estes Drive, or East Franklin Street through access easements in the Chapel Hill Center development. The proposed access at the southeast corner of the residential lot would connect to South Estes Drive or Connor Drive through access easements located in phases 1-3 of the original development, Chapel Hill Professional Village. This southeast access is proposed along a steep grade. We recommend attention to the vertical profiles of this drive during final plan review. 

 

The applicant has proposed new sidewalk connections to the parking area and to existing sidewalks at The Center and Chapel Hill Professional Village respectively. We recommend that the sidewalks be constructed to Town standards. A stipulation to this effect has been included in Resolution A.

 

Parking: Subsection 14.6.7 of the Development Ordinance requires that a minimum of 18 parking spaces be provided on this site (based on 1.5 parking space per unit). The applicant proposes a total of 34 parking spaces with 30 parking spaces located beneath the building plus an additional 4 spaces north of the building; 3 of the spaces would be for handicapped parking.

We note that the Council has stated its expectation that parking in new developments not exceed 110% of the minimum parking spaces requirement provided in the Development Ordinance. The maximum number of parking spaces allowed under the Council policy would be 20 spaces and the applicant has proposed 10 parking spaces over this limit.

 

We note that 26 of the 30 proposed parking spaces, located beneath the building, are minimizing what would normally be additional impervious surface for surface parking spaces. Given the unique character of the proposed parking configuration we recommend that the applicant be permitted to exceed the 110% parking space limit normally imposed by Council. We recommend that the applicant reduce the number of proposed parking spaces by 4 for a total of 26 parking spaces, or 6 spaces over the 110% limit. With 26 parking spaces, the proposal would provide 2 spaces per dwelling unit with 2 guest spaces. We furthermore recommend that the 4 eliminated spaces be comprised of the 4 proposed uncovered spaces. We have included this stipulation in Resolution A.

 

We recommend that the applicant construct the proposed parking area and drive aisles to Town standard. We have included this stipulation in Resolution A. 

 

We recommend that the applicant provide parking facilities for 15 bicycles (1 space per unit plus 10% of parking spaces), in a covered, well-lit area, as required by the Design Manual. 90% (13) of the spaces are required to be Class I (individual locked enclosure) and 10% (2) of the spaces are required to be Class II (stationary bike rack such as U-type rack) by the Design Manual. We have included this stipulation in Resolution A.

 

Subdivision: The applicant is proposing to subdivide the residential phase 4 from the 4.14-acre site that includes the phase 1-3 offices. Phase 4 will continue to be encumbered by the same Special Use Permit as phases 1-3.  We recommend that a cross-access easement through the 1.4-acre residential lot, be delineated on the recorded Final Plat, to facilitate transportation flow, prior to issuance of a Zoning Compliance Permit. We have included this stipulation in Resolution A.   

 

Traffic Impact: We believe that the proposed new multi-family development at Wilshire Place will have a minimal impact on transportation levels of service for nearby intersections. The applicant was not required to provide a Traffic Impact Statement with this submittal.

 

Buffers and Landscaping: The Development Ordinance requires landscape bufferyards around the perimeter of the development. The following table indicates landscape buffers that are required by the Town’s Development Ordinance and those proposed by the applicant:

 

Bufferyard Summary

1.        Approximately 230 feet of the buffer on the western property boundary is shared with The Center.

 

We recommend that the stormwater management facility be relocated outside the southeastern bufferyard, with this change, we believe that the bufferyards proposed by the applicant are adequate.

 

We recommend 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. We have included this stipulation in Resolution A.

 

We note that the applicant is proposing to retain two large hardwoods (15” oak and 18” maple) between the drive aisle and northwest property line. We believe these trees will not survive construction as currently proposed. We recommend that construction be shifted away from these two trees during Final Plan review or that the applicant specify replacement trees. We believe that if these trees are replaced the northwest façade of this building will initially be significantly more visible from Franklin Street and properties to the north and west of the proposed construction and therefore strongly recommend saving the existing trees. We have included this stipulation in Resolution A.

 

We recommend that the standard landscape protection notes be included on the Landscape Protection Plan. 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. We have included this stipulation in Resolution A.

 

Stormwater Management: We recommend 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. We have included this stipulation in Resolution A.

 

The applicant is proposing a stormwater detention pond in the eastern buffer area. We believe that the location and mechanism for stormwater management proposed by the applicant are inappropriate for this site. We recommend that stormwater detention and water quality management be accomplished with an alternative system. We recommend that an underground detention system be sited southeast of the proposed building to retain the buffer area. This system would detain water to meet Development Ordinance requirements and release it into a "level spreader" type vegetated swale to facilitate sheet flow toward the eastern buffer area. The sheet flow would be biologically treated by existing vegetation in the buffer area, in a manner similar to bio-retention facilities, yet being more suitable to the particular space constraints of this site. We have included a stipulation in Resolution A requiring that an alternative underground storage system with a “level spreader” vegetated swale stormwater detention facility be provided.

 

All stormwater infrastructure must be located within a recorded drainage easement and an approved operations and maintenance plan must be submitted with Final Plans. We have included this stipulation in Resolution A.   

 

The site is located inside the Watershed Protection District and is subject to the impervious surface intensity limits as specified in Section 10.5.2 of the Development Ordinance. The Watershed Protection District is that portion of the New Hope Watershed that drains to Jordan Lake.

 

The “Low Density Option” for controlling stormwater pollution in the Watershed Protection District places a 24% impervious surface limit on development proposals. This regulation does not pertain to existing impervious surface at Wilshire Place, which was in place before the regulation as of July 1, 1993.

 

Existing and Proposed Impervious Surface: Phases 1-4

 

If more than 24% of the existing pervious surface is made impervious as a result of this development proposal, actions must be taken to detain the first inch of runoff. The applicant has proposed making approximately 17% of the existing pervious surface with impervious inside the Modified Special Use Permit boundary, including phases 1 through 4. Therefore, the applicant is not required to provide permanent retention on-site.

 

Bio-retention: We do not recommend bio-retention for this site. Instead, we recommend an alternate water quality best management practice (see Stormwater Management above) that will detain runoff and treat water quality.

 

Recreation Space: The Development Ordinance requires 2,032 square feet of recreation space for the Office/Institutional-2 (OI-2) zoning district and use group A. The applicant has proposed providing a payment-in-lieu of providing on-site recreation space. We recommend that the payment be made according to requirements in Section 13.7.10 of the Development Ordinance. We have included this stipulation in Resolution A.

 

We note that the Parks and Recreation Commission voted unanimously (7-0) at its March 21, 2001 meeting to recommend that the recreation requirements for the proposed development be met with a payment-in-lieu. The Commission expressed interest in using the funds to improve nearby recreation facilities such as the Community Center Park, Pritchard Park, the Bolin Creek Greenway, or Philips Park.

 

Refuse Management: The applicant proposes to provide a refuse facility for dumpsters and recycling containers in the northern corner of the site.

 

We have included a stipulation in Resolution Athat requires the applicant to develop a Solid Waste Management Plan for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

We recommend that drive aisles providing access to dumpsters or recycling facilities be constructed to Town standards with heavy-duty pavement. We have included this stipulation in Resolution A.

 

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

 

Fire Safety: We have included a stipulation in Resolution A that requiresa 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.

 

It is Town Policy that all new structures have a maximum distance between the hydrant and fire department connection of 50 feet. We recommend that the applicant provide a fire hydrant that satisfies this policy. We have included this stipulation in Resolution A. We note that the nearest existing fire hydrant is 260 feet from the building.

 

Erosion Control:  The Town Council recently amended the Town Code as it relates to erosion control.  The amendment states that if one acre or more is uncovered by land-disturbing activities for a project, a performance guarantee shall be required in accordance with Section 5-97.1 of the Town Code of Ordinances, and that the guarantee shall be required prior to issuance of any permit to begin land-disturbing activity.  We note that the purpose of this financial guarantee is to cover the restoration of failed or failing soil erosion and sedimentation generated by the land-disturbing activities.  We recommend that this development provide this performance guarantee.  We recommend that the approval include a stipulation calling for the plans to be reviewed for approval by the Orange County Erosion Control Officer prior to issuance of a Zoning Compliance Permit.  We have included this stipulation in Resolution A.

 

Miscellaneous: We have 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: On May 8, 2000, the Town Council adopted a revised Comprehensive Plan. The Land Use Plan, a component of the Comprehensive Plan, identifies this area as an Office land use.

 

Additionally, Strategy 8A-2 of the revised Comprehensive Plan is to encourage mixed-use development forms. “The Town has mixed-use zoning districts in place and has permitted mixed uses in specific developments. Promoting additional mixed uses – both within individual developments and in land use relationships between proximate properties – is a key Comprehensive Plan strategy.”

 

As proposed, Wilshire Place is a residential development that would fulfill this mixed-use Comprehensive Plan strategy because it is a residential use in convenient walking distance to offices, restaurants, a post office, the Sienna Hotel, a grocery store, University Mall, and nearby bus stops, thereby minimizing transportation impacts, and promoting a synergy among uses. 

 

Special Use Permit Modification Findings: For approval of a Special Use Permit Modification, 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 to 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.

 

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

 

Resolution E would deny the application.

ATTACHMENT 2

 

Project Fact Sheet Requirements

 

 

Check List of Regulations and Standards

Special Use Permit Modification Application

 

Staff Evaluation

 

 

 

 

 

 

 

 

 

 

 

 

Prepared: April 6, 2001

ATTACHMENT  3

 

RESOLUTION A

(Manager’s Preliminary Recommendation and

Transportation Board Recommendation)

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR WILSHIRE PLACE

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Robert N. Anderson, Jr. on property identified as Chapel Hill Township Tax Map 47, Block A, Lots 7, 21, 22B, and 23 (PIN numbers 9799034313, 9799037226, 9799035187, and 9799023967); if developed according to the site plan prepared on October 19, 2000 and conditions listed below, would:

 

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

 

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

 

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

 

4.                  Conform to 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 Modification for Wilshire Place 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.                  Relationship to 1979 Special Use Permit Modification: This authorization is intended to be in addition to the terms of the Town Council, September 24, 1979 Special Use Permit Modification document recorded in deed book 280, page 176 of the Orange County Register of Deeds and is not intended to change the previously approved and developed phases 1-3.

 

 

3.                  Land Use Intensity: This Special Use Permit Modification authorizes:

 

·        construction of phase 4 as 14,500 square feet of new residential floor area to include;

·        one 4-story building with 12 dwelling units; and

·        construction of a 26-space parking lot, including 2 handicapped spaces.

 

The total floor area authorized for the 4-phase development is 46,480 square feet. The aggregate authorized land use intensities, for phases 1 through 4 (existing and proposed) are as follows:

·        Total # of Buildings:                                                            4         

·        Maximum # of Parking Spaces:                                           130

·        Gross Land Area (acres):                                                    4.14

·        Minimum Outdoor Space (s.f.):                                           159,541

·        Minimum Livability Space (s.f.):                              106,689

 

                                               

4.                  Subdivision: That phase 4 may be subdivided from phases 1-3.

 

5.                  Cross-Access Easement: That the applicant shall provide a cross-access easement through the phase 4 residential site, to be delineated on the recorded Final Plat and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

6.                  South Estes Drive Access: That the following note be added to the Final Plans and subsequent plats: The driveway access along South Estes Drive is subject to limited right in and right out movements and/or removal without compensation to the owner, if, in the opinion of NCDOT or the Town of Chapel Hill, traffic safety and/or traffic operational problems develop at this location.

 

7.                  Pedestrian Access: That a sidewalk shall be provided, connecting the building to Estes Drive, via the Estes Drive frontage, if feasible.

 

Stipulations Related to Required Improvements

 

8.                  Town Standards: That all new streets, parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards. Catch basins and underground stormwater pipes (rather than drainage swales) shall be utilized to collect stormwater.

 

9.                  Parking Spaces: That 26 parking spaces shall be provided, beneath the building, in phase 4, increasing the aggregate total number of parking spaces in phases 1-4 to 128.

 

 

 

Stipulations Related to Landscape Elements

 

10.              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.

 

11.              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.

 

12.              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:

 

1.      Approximately 230 feet of the buffer on the western property boundary is shared with The Center.

 

12.              Protection of Significant Trees: That the applicant shall attempt to save the two large hardwoods (15” oak and 18” maple) between the drive aisle and northwest property line and replace them with like species if they die.

 

13.              Tree Protection Fencing: That the tree protection fencing shall be erected around all existing vegetation that is to remain on site.

 

14.              Catch Basins and Stormwater Pipes: That catch basins and stormwater pipes shall be utilized as part of street construction, in order to minimize land disturbance in buffer areas. Drainage swales or other detention facilities shall not be established in the required landscape bufferyards.

 

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

 

16.              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.

 

17.              Planting Strips: That five-foot wide planting strips shall be provided between drive aisles and each building, where possible.

 

18.              Parking Lot Screening: That parking areas shall be screened in accordance with Section 14.6.6 of the Development Ordinance.

 

Stipulations Related to Utilities

 

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

 

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

 

Stipulations Related to Fire Protection/Fire Safety

 

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

 

22.              Fire Hydrant Location: That fire department connection(s) on all new structures shall be located within 50 feet of a fire hydrant, subject to the approval of the Town Manager, prior to the issuance of a Zoning Compliance Permit.

 

23.              Sprinkler System: That new buildings shall have sprinkler systems in accordance with Town Code, which shall be approved by the Town Manager.

 

Stipulations Related to Refuse and Recycling Collection

 

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

 

25.              Heavy-Duty Paving: That all new drive aisles that provide access to dumpsters or recycling facilities shall be constructed to Town standards with heavy-duty pavement.

 

Miscellaneous Stipulations

 

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

 

26.              Stormwater Management Plan: That a Stormwater Management Plan shall 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.

 

27.              Stormwater and Water Quality Best Management Practices: That stormwater detention and water quality management shall be accomplished with an alternative system such as an underground system with a slow release into a level spreader to facilitate sheet flow into the western buffer area, to be approved by the Town Manager.

 

28.              Drainage Easements: That stormwater infrastructure shall be located within a recorded drainage easement and an approved operations and maintenance plan shall be approved prior to issuance of a Zoning Compliance Permit.

 

29.              Recreation Requirements: That applicant shall provide a payment-in-lieu for on site recreation space according to requirements in Section 13.7.10 of the Development Ordinance.

 

30.              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.

31.              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.

 

32.              Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. A performance guarantee shall be required, in accordance with the Town Code of Ordinances, and the guarantee shall be approved by the Town Manager prior to issuance of any permit authorizing land-disturbing activity.

 

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

 

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

 

35.              Construction Sign Required: That the applicant shall 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.

 

36.              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.

 

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

 

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

 

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

 

This the _________ day of _______________, 2001.

ATTACHMENT 4

 

RESOLUTION B

                                                                                                       (Planning Board Recommendation)

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR WILSHIRE PLACE

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Robert N. Anderson, Jr. on property identified as Chapel Hill Township Tax Map 47, Block A, Lots 7, 21, 22B, and 23 (PIN numbers 9799034313, 9799037226, 9799035187, and 9799023967); if developed according to the site plan prepared on October 19, 2000 and conditions listed below, would:

 

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

 

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

 

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

 

4.                  Conform to 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 Modification for Wilshire Place in accordance with the plans listed above and with the conditions listed below:

 

1.                  Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.

 

2.                  Parking Spaces: That 30 parking spaces, rather than 26 parking spaces be allowed in Resolution A. Accordingly, Stipulation #8 of Resolution A shall be revised as follows:

 

a.       “That 30 parking spaces shall be provided in phase 4; 26 parking spaces shall be provided beneath the building, and 4 spaces outside, increasing the aggregate total number of parking spaces in phases 1-4 to 132.”

 

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

 

This the            day of _______________, 2001.

ATTACHMENT 5

 

RESOLUTION C

                                                                                                    (Community Design Commission and

Parks and Recreation Commission)

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR WILSHIRE PLACE

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Robert N. Anderson, Jr. on property identified as Chapel Hill Township Tax Map 47, Block A, Lots 7, 21, 22B, and 23 (PIN numbers 9799034313, 9799037226, 9799035187, and 9799023967); if developed according to the site plan prepared on October 19, 2000 and conditions listed below, would:

 

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

 

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

 

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

 

4.                  Conform to 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 Modification for Wilshire Place 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.                  Protection of Significant Trees: Remove Stipulation #12 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 Modification for Wilshire Place.

 

This the            day of _______________, 2001.

 

ATTACHMENT 6

 

RESOLUTION D

                                                                                                  (Bike and Pedestrian Advisory Board)

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR WILSHIRE PLACE

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Robert N. Anderson, Jr. on property identified as Chapel Hill Township Tax Map 47, Block A, Lots 7, 21, 22B, and 23 (PIN numbers 9799034313, 9799037226, 9799035187, and 9799023967); if developed according to the site plan prepared on October 19, 2000 and conditions listed below, would:

 

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

 

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

 

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

 

4.                  Conform to 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 Modification for Wilshire Place in accordance with the plans listed above and with the conditions listed below:

 

1.                  Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.

 

2.                  Parking Spaces: That 30 parking spaces, rather than 26 parking spaces be allowed in Resolution A. Accordingly, Stipulation #8 of Resolution A shall be revised as follows:

 

a.       “That 30 parking spaces shall be provided in phase 4; 26 parking spaces shall be provided beneath the building, and 4 spaces outside, increasing the aggregate total number of parking spaces in phases 1-4 to 132.”

 

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

 

This the            day of _______________, 2001.

ATTACHMENT 7

 

RESOLUTION E

(Denying the Application)

 

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR WILSHIRE PLACE

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Robert N. Anderson, Jr. on property identified as Chapel Hill Township Tax Map 47, Block A, Lots 7, 21, 22B, and 23 (PIN numbers 9799034313, 9799037226, 9799035187, and 9799023967); if developed according to the site plan prepared on October 19, 2000 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 to 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 Modification for Wilshire Place.

 

This the ____ day of ____________, 2001.

 

ATTACHMENT 8

 

 RESOLUTION F

(Defining Contiguous Property)

 

A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT MODIFICATION APPLICATION FOR WILSHIRE PLACE (2001-04-18/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 Modification for Wilshire Place, 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 18^th day of April, 2001.