AGENDA #2b

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Public Hearing: Hotel L’Europa/Village Office Park Complex

Application for Special Use Permit Modification

DATE: May 14, 2001

INTRODUCTION

An application seeking approval of a Special Use Permit Modification has been filed by the applicant proposing to modify the 1981 Special Use Permit for the Hotel L’Europa/Village Office Park Complex.

The proposed application includes: 1) A proposal to reduce the overall area encumbered by the 1981 Special Use Permit boundary; and 2) A request to divide the remaining Special Use Permit boundary area and associated developments, the Sheraton Hotel and the Village Office Park, into two separate Special Use Permits.

Approval of this application by the Council, as proposed by the applicant, would:

Ø Reduce the overall area of the 1981 Special Use Permit boundary (removed a 2.24-acre parcel from the Special Use Permit boundary area).

And with the remaining area, still encumbered by the original 1981 permit boundary, the applicant is proposing to create two separate Special Use Permits:

Ø A Special Use Permit for the Sheraton Hotel on a 5.5-acre site; and

Ø A Special Use Permit for the Village Office Park on a 1.45-acre site.

The applicant has submitted an accompanying application for a new Special Use Permit for an office building on the 2.24-acre site. Approval of that accompanying application, on the 2.24-acre tract, cannot proceed unless the Council approves the request for the Special Use Permit Modification to reduce the boundaries of the 1981 Special Use Permit.

The Sheraton Hotel, Village Office Park and gravel parking lot and tennis courts are located on a 9.2-acres site, along the east side of Europa Drive, between US 15-501 and Legion Road, west of and adjacent to the Town of Chapel Hill Memorial Cemetery and across from the Europa Center.

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

This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:

¨ Cover Memorandum: Introduces the Special Use Permit Modification application, describes process for review, summarizes staff and advisory board comments, and offers recommendations for Council action.

¨ Staff Report: Offers a detailed description of the site and proposed development, and presents an evaluation of the application regarding its compliance with the standards and regulations of the Development Ordinance.

¨ Attachments: Includes a checklist of requirements for this development, resolutions of approval and denial, advisory board comments, and the applicant’s materials.

PROCESS

The Development Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit 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.

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

Description of the Application

This Special Use Permit Modification application is proposing to modify the 1981 Hotel L’Europa/Village Office Park Complex Special Use Permit. If approved as submitted, the proposal would:

1) Create a Special Use Permit for the Sheraton Hotel on a 5.5-acre site;

2) Create a Special Use Permit for the Village Office Park complex on a 1.45-acre site; and

3) Remove the 2.24-acre tract (lot with tennis courts and gravel parking area), from the 1981 Hotel L’Europa/Village Office Park Complex Special Use Permit. Removal of this site from the Special Use Permit creates a site (not encumbered by a Special Use Permit), with two nonconforming uses: a gravel parking area and tennis courts.

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, parking, buffers and landscaping, (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, if the Town Council grants the modifications requested by the applicant, 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. 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.

REQUESTED MODIFICATIONS OF REGULATIONS

We note that the applicant is requesting from the Council modifications to the regulations regarding:

1. Permitted floor area on the proposed 5.5-acre Sheraton Hotel site; and

2. Required landscape bufferyards width along US 15-501 on the proposed 5.5-acre Sheraton Hotel site.

Subsection 18.7.1 of the Development Ordinance states:

“Where actions, designs, or solutions proposed by the applicant are not literally in accord with applicable special use regulations, general regulations, or other regulations in this Ordinance, but the Council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree, the Council may make specific modification of the regulations in the particular case for Modification of Special Use Permit applications, or in approving a new Special Use Permit for existing development that requires a Special Use Permit.”

The requested modifications to the regulations on the hotel site are discussed below:

(1) Permitted Floor Area: We note that the applicant is proposing to create a Special Use Permit boundary for the hotel that encumbers the hotel complex on a 5.5-acre site. The maximum permitted floor area for the proposed 5.5-acre site, which is located in a Community Commercial zoning district, is 102,656 square feet. The floor area of the hotel is 108,000 square feet. The hotel floor area exceeds the permitted maximum floor area, for a 5.5-acre tract the Community Commercial zoning district, by 5,344 square feet.

The applicant, in their Statement of Justification, is requesting that the Council modify the regulations as it relates to the permitted floor area on the proposed hotel site. In order to modify the regulations the Council must make the finding that, in this particular case, public purposes can be satisfied to an equivalent or greater degree if the modification is permitted, in accordance with Section 18.7.1 of the Development Ordinance.

Staff Comment: We believe that the Council can make the finding that public purposes can be satisfied to an equivalent or greater degree by modifying the regulations to permit 108,000 square feet of floor area on the proposed 5.5-acre hotel site.

The modification to allow the addition of 5.2% floor area above the permitted maximum would permit the development of the 2.24-acre adjacent site to proceed unencumbered by the existing Special Use Permit. As long as the existing Special Use Permit encumbers the site, the use of the site for something other than a gravel parking lot and tennis courts is prohibited. We do not believe that the use of this lot for tennis courts and a gravel parking area serves public purposes.

We believe that the Council could find value to the community by replacing the gravel parking area and seldom used tennis courts on this 2.24- acre tract with office space. We note that the Council could also determine that public purpose is being served as the development of the lot for office use conforms to the Land Use component of the Comprehensive Plan. We also note that office development typically generates less car trips per day and requires less public service than other development types.

(2) Required Landscape Bufferyards: We note that applicant, in their Statement of Justification, is requesting that the Council modify regulations as they relate to bufferyard requirements. Except for the width of the bufferyard on the hotel’s property frontage, along US 15-501, we believe that the proposed 5.5-acre hotel site and the proposed 1.45-acre Village Office Park complex comply with the minimum bufferyard requirements. In order to modify the buffer regulation for the US 15-501bufferyard, the Council must make the finding that in this particular case that public purposes can be satisfied to an equivalent or greater degree if the modification is permitted, in accordance with Section 18.7.1 of the Development Ordinance.

Staffs Comment: We believe that the Council can make the finding, that in this particular case, public purposes can be satisfied to an equivalent or greater degree if the modification to the landscape bufferyard width, along the hotel’s US 15-501 frontage, is permitted.

The modification to allow the use of the existing buffeyard width, would permit the development of the 2.24-acre adjacent site to proceed unencumbered by the existing Special Use Permit. We believe that the Council could find value to the community by replacing the gravel parking area and seldom used tennis courts on this 2.24- acre tract with office space. We also believe that the existing vegetation along US 15-501, on the hotel site and within the highway right-of-way, provides a visual obstruction that effectively buffers and screens the hotel.

If the Council believes it is appropriate to apply Section 18.7.1 of the Development Ordinance, in one or both situations, the Council may find that the modification to some or all of the regulations satisfy public purposes to an equivalent or greater degree. Alternatively, the Council could reasonably conclude that some or all of the proposed modifications would not satisfy public purposes to an equivalent or greater degree and could therefore deny the application or deny the modifications and approve the application with a requirement that the proposed Hotel Special Use Permit comply with some or all of the requirements of the Development Ordinance.

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 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 documentation, complying with Council stipulations. Information is reviewed by Town departments; and

3. Final Plat or easement documents are reviewed and approved by Town staff. Plat or easements documents are recorded at the Orange County Register of Deeds office.

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 May 1, 2001 and voted 5-1 to recommend that the Council approve this application for a Special Use Permit Modification with the adoption of Resolution A. Please see the attached Summary of Planning Board Action.

Transportation Board Recommendation: The Transportation Board reviewed this application on May 1, 2001, and voted 7-0 to recommend that the Council request that the applicant update the Traffic Impact Statement and return to the Transportation Board for additional review. We refer the Council to a memorandum (Attachment 9, Item C) from the Town’s Engineering Department for additional comment on the applicant’s Traffic Impact Statement submitted with the Europa Office Building Special Use Permit application.

Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on May 8, 2001. We will forward a summary of their action as soon as it is available.

Community Design Commission Recommendation: The Community Design Commission reviewed this application on May 8, 2001. We will forward a summary of their action as soon as it is available.

Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary conclusion is that the application with the requested modifications to the regulations, complies with standards and regulations of the Development Ordinance, if the Council makes the necessary public purpose findings.

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 B would deny the application.

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

ATTACHMENTS

1. Planning Staff Report (p. 9).

2. Checklist of Project Fact Sheet Requirements (p. 15).

3. Resolution A – Approving the Application (p. 16).

4. Resolution B – Denying the Application (p. 19).

5. Resolution C – Defining Contiguous Property for this Application (p. 20).

6. Summary of Planning Board Action (p. 21).

7. Summary of Transportation Board Action (p. 22).

8. Correspondence From Citizen (p. 23).

9. Applicant’s Statement of Justification (p. 26).

10. Project Fact Sheets (p. 28).

11. Reduced Area Map and Site Plans (p. 32).

ATTACHMENT 1

Planning Staff Report

SUBJECT: Public Hearing: Hotel L’ Europa/Village Park Office Complex – Application for a Special Use Permit Modification (File No. 7.27.E.2 PIN# 9799478402, 7.27.E.2D PIN# 9799570157 and 7.27.E.2E PIN# 9799468987)

DATE:May 14, 2001

INTRODUCTION

The proposed application includes: 1) A reduction in the overall area encumbered by the 1981 Special Use Permit boundary; and 2) A request to divide the remaining Special Use Permit boundary area and associated developments, the Sheraton Hotel and the Village Office Park, into two separate Special Use Permits.

Development on the site includes the Sheraton Hotel, located on a 5.5-acre tract and the Village Park Office Complex on 1.46-acres. A 2.24-acre portion of the site, located at the northeast corner of Europa Drive and Legion Road contains three tennis courts, a gravel lot and no structures. The property, which is divided into three tracts of land, is located within the Community Commercial (CC) zoning district, and is identified as Chapel Hill Township Tax Map 27, Block E, Lot 2 PIN# 979478402, 7.27.E.2D PIN# 9799570157 and 7.27.E.2E PIN# 9799468987.

BACKGROUND

October 25, 1976 Special Use Permit issued to property owner H and H Associates for a unified business development authorizing the construction of two office buildings on a 3.25 acres tract on the east side of Europa Drive at Legion Road. One of the two buildings was subsequently constructed on a 1.45-acre tract and is know as the Village Office Park. The second proposed building was not constructed. (Subsequent approval in 1980 allowed the second building to be replaced with overflow hotel parking and tennis courts-see below).

July 25, 1979 Special Use Permit issued to property owner Julius Verwoerdt for the construction of the Hotel L’Europa on a 5.5-acre tract.

February 11, 1980 Special Use Permit issued to H and H Associates and Julius Verwoerdt to combine the 1976 and 1979 Special Use Permits into a single Special Use Permit. This permit authorized an increase in the number of hotel rooms and replaced the second office building, approved with the 1976 Special Use Permit for the 2.24-acre site, with overflow parking for the hotel.

November 23, 1981 Special Use Permit Modification issued to H and H Associates and Julies Verwoevdt to replace a portion of the overflow parking area for the hotel with three tennis courts. This permit also authorized the relocation of the displaced overflow hotel parking to an area, across Europa Drive, currently occupied by the parking deck for the Europa Center.

October 15, 1985 Site Plan approval authorizing the construction of the Europa Center and parking deck on the west side of Europa Drive. Approval of this site plan replaced the 1981 Special Use Permit approval, on this site, that authorized the relocation of the displaced overflow hotel parking from the across Europa Drive.

EVALUATION

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

Existing Conditions: This 9.2-acre site is located on Europa Drive, between US 15-501 and Legion Road, west of the Town of Chapel Hill Memorial Cemetery and across from the Europa Center. In 1976, when the first Special Use Permit was issued, the 9.2-acres was under single ownership. Today the property is divided into three parcels. Each parcel is under different ownership.

The largest parcel is a 5.5-acre tract that fronts US 15-501 and a portion of Europa Drive. This site includes the 108,000 square foot Sheraton Hotel (1979 Special Use Permit). The hotel contains 163 rooms, a restaurant and 238 on-site parking spaces. The east property line of the hotel adjoins a wooded portion of the Town of Chapel Hill Memorial Cemetery. Across Europa Drive from the site is a pond on the Europa Center property.

The southern portion of the 9.2-acre site, which fronts Legion Road and the remainder of Europa Drive, is divided into two tracts (2.24 and 1.46 acres). The larger tract, on the corner of Legion Road and Europa Drive, has been used for overflow parking (1980 Special Use Permit) and tennis courts (1981 Special Use Permit). The site still contains the tennis courts and gravel parking area. The remainder of the site is mostly cleared and open with several cluster of large trees, scattered smaller trees, shrubs and areas of grass. Two concrete sidewalks connect the tennis courts to the Sheraton Hotel and the Village Office Park. Across Legion Road is the Britthaven Health Care facility and a bus stop. The Europa Office complex and parking deck is across Europa Drive.

The second smaller parcel (1.45-acres) fronts Legion Road and is adjacent to a wooded portion of the Town of Chapel Hill Memorial Cemetery. This site includes the 13,000 square foot Village Park Office Complex (1976 Special Use Permit). The site includes 41 parking spaces. The Britthaven Health Care facility is located across Legion Road.

Special Use Permit Modification: This Special Use Permit Modification application is proposing to modify the 1981 Hotel L’Europa/Village Office Park Complex Special Use Permit as follows:

1) Remove the 2.24-acre tract, currently occupied by tennis courts and a gravel parking lot, from the 1981 Hotel L’Europa/Village Office Park Complex Special Use Permit;

2) Create a Special Use Permits for the Sheraton Hotel on a 5.5-acre site; and

3) Create a Special Use Permit for the Village Office Park complex on a 1.45-acre site.

We note that the removal of the 2.24-acre site from the 1981 Special Use Permit boundary will creates a lot (not encumbered by a Special Use Permit), with two nonconforming uses (a gravel parking area and tennis courts).

Intensity Standards: The three subject tracts are located in the Community Center (CC) zoning district. Existing use of these tracts include office, hotel and associated use. These permitted land uses are subject to Use Group B land use intensity standards.

The following is a comparison of the land use intensity requirements and existing conditions for the 9.2-acre site (the three subject tracts combined):

Ø Maximum Permitted Floor: 171,865 square feet

Ø Existing Floor Area: 121,000 square feet

Ø Minimum Outdoor Space: 304,470 square feet

Ø Existing Outdoor Space: 339, 502 square feet

Ø Minimum Livability Space: 108,166 square feet

Ø Existing Livability Space: 259,608 square feet

We note that the existing development and land use intensity on the 9.2-acre site meets or exceeds the land use intensity requirements for maximum floor area, minimum outdoor and livability space.

Below is a separate comparison of the land use intensity requirements and existing conditions for the Sheraton Hotel site, the Village Office Park site and the site with the gravel parking area and tennis courts.

Sheraton Hotel (5.5-acre tract):

Ø Maximum Permitted Floor 102,656 square feet

Ø Existing Floor Area 108,000 square feet

Ø Minimum Outdoor Space 181,862 square feet

Ø Existing Outdoor Space 201,471 square feet

Ø Minimum Livability Space 64,608 square feet

Ø Existing Livability Space 122,251 square feet

We note that the existing floor area of the hotel on the hotel site exceeds the maximum permitted floor area allowed in the Community Commercial zoning district by 5,344 square feet. We note that the applicant, in their Statement of Justification, is requesting the Council modify the regulations as it relates to the permitted floor area on the hotel site. In order to modify the regulations the Council must make the finding that in this particular case that public purposes can be satisfied to an equivalent or greater degree if the modification is permitted, in accordance with Section 18.7.1 of the Development Ordinance.

The Sheraton Hotel meets the setback and height restrictions of the Development Ordinance.

Village Office Park Complex (1.45-acre tract):

Ø Maximum Permitted Floor 27,275 square feet

Ø Existing Floor Area 13,000 square feet

Ø Minimum Outdoor Space 48,320 square feet

Ø Existing Outdoor Space 57,705 square feet

Ø Minimum Livability Space 17,166 square feet

Ø Existing Livability Space 39,609 square feet

The Village Office Park Complex meets or exceeds the land use intensity requirement for floor area, outdoor space and, livability space. The development also meets the setback and height restrictions of the Development Ordinance.

Gravel Parking Area and Tennis Courts (2.24-acre tract):

Ø Maximum Permitted Floor 41,934 square feet

Ø Existing Floor Area 0 square feet

Ø Minimum Outdoor Space 74,288 square feet

Ø Existing Outdoor Space 97,574 square feet

Ø Minimum Livability Space 26,392 square feet

Ø Existing Livability Space 79,724 square feet

Access and Circulation: The proposed modification will not affect access or circulation. No additional floor area is proposed with this application.

We believe that an existing, driveway connection between the hotel parking lot and the 2.24-acre lot should be retained. We note that the applicant has submitted an accompanying application for a new Special Use Permit for a 38,000 square foot office building on this 2.24-acre tract. We believe that continued interconnectivity between the two sites is desirable for the hotel and the proposed 38,000 square foot office building.

We recommend that, prior to recordation of the Special Use Permit Modification document, that the applicant record an easement providing for vehicular and service vehicle access to the 2.24-acre site. The easement must be approved by the Town Manager and recorded prior to its recordation. A stipulation to that effect has been included in Resolution A.

Parking: Each of the existing developments (Sheraton Hotel and Village Office Park) on this site meets or exceeds minimum parking requirements with on-site parking.

There are 238 on-site parking spaces on the hotel site. The minimum number of required parking spaces, based on the number of hotel rooms and seats in the restaurant, is 183. The Village Center Office Complex has 41 on-site parking spaces. The minimum number of required parking space of this office complex, based on the floor area and use is 41.

Buffers and Landscaping: The Town’s Development Ordinance requires the following landscape bufferyards:

Except for the existing bufferyard along US 15-501, we believe that this development complies with the above minimum bufferyard requirements. We note that the applicant, in its Statement of Justification, is requesting that the Council modify regulations as they relate to bufferyard requirements. In order to modify the regulations the Council must make the finding that in this particular case that public purposes can be satisfied to an equivalent or greater degree if the modification if permitted, in accordance with Section 18.7.1 of the Development Ordinance.

Comprehensive Plan: The Sheraton Hotel site was designated as mixed-use office/commercial land use on the Land Use Plan of the new Comprehensive Plan, adopted May 8, 2000 and the Village Park Office Complex is identified as office land on the Land Use Plan.

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

(a) That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare.

(b) That the use or development complies with all required regulations and standards of this chapter, including all applicable provisions of Articles 12, 13, and 14 and with all other applicable regulations.

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

(d) That the use or development conforms with the general plans for the physical development of the Town as embodied in this chapter and in the Comprehensive Plan.

Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made.

CONCLUSION

Based on information available at this stage of the application review process, we believe that the proposal, with the conditions in Resolution A, and Council approved modification to the regulations as proposed by the applicant, 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 and would approve the application and the requested modifications to the regulations, with conditions.

Resolution B would deny the application.

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

ATTACHMENT 2

Project Fact Sheet Requirements

Check List of Regulations and Standards

Special Use Permit Modification Application

Staff Evaluation

SHERATON HOTEL VILLAGE OFFICE PARK

	Compliance	Non- Compliance	Compliance	Non-Compliance
Use Permitted	Ö		Ö
Min. Gross Land Area	Ö		Ö
Min. Lot Width	Ö		Ö
Max. Floor Area	Ö (with modification to the regulations)	Ö (no modification to the regulations)	Ö
Min. Outdoor Space	Ö		Ö
Min. Livability Space	Ö		Ö
Min. Recreation Space	N/A		N/A
Impervious Surface Limits	N/A		N/A
Min. # Parking Spaces	Ö		Ö
Min. # Loading Spaces	Ö		Ö
Min. # Handicap Spaces	Ö		Ö
Max. # Dwelling Units	N/A		N/A
Min. Street Setback	Ö		Ö
Min. Interior Setback	Ö		Ö
Min. Solar Setback	Ö		Ö
Max. Height Limit	Ö		Ö
Min. Landscape Buffers	Ö (with modifications to the regulations)	Ö (no modifications to the regulations)	Ö (with modifications to the regulations)	Ö (no modifications to the regulations)
Public Water and Sewer	Ö		Ö

N/A = Not Applicable

Prepared: May 8, 2001

ATTACHMENT 3

RESOLUTION A

(Manager’s Preliminary and Planning Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR HOTEL L’EUROPA/VILLAGE OFFICE PARK COMPLEX

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Duane Stewart and Associated, Inc., on property identified as Chapel Hill Township Tax Map 27, Block E, Lot 2 PIN# 9799478402, 7.27.E.2D PIN# 9799570157 and 7.27.E.2E PIN# 9799468987), if developed according to the site plan prepared on January 6, 1999, 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 by the Town Council of Chapel Hill that it finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

1. Modification of Subsection 13.1.11 Use Group B, of the Development Ordinance to allow a total of 108,000 square feet of floor area on the Sheraton Hotel site (Chapel Hill Township Tax Map 27, Block E, Lot 2 PIN# 9799478402).

2. Modification of Subsection 14.12 to allow the existing landscape bufferyard width on the US 15-501 frontage on the on the Sheraton Hotel site (Chapel Hill Township Tax Map 27, Block E, Lot 2 PIN# 9799478402), in lieu of the required landscape bufferyard width.

Said public purpose being that 1) The modification will allow the development of the 2.24-acre adjacent site to proceed unencumbered by the existing Special Use Permit; 2) The use of the 2.24-acre site for tennis courts and a gravel parking area does not serves the public purpose; 3) Value is provided to the community by replacing the gravel parking area and tennis courts with office space; 4) The public purpose is being served as the development of the 2.24-acre site for office use conforms to the Comprehensive Land Use plan; 5) Office development typically generates less car trips per day and requires less public service than other development types; and 6) The existing vegetation along US 15-501, on the hotel site and within the highway right-of-way, provides a visual obstruction that effectively buffers and screens the hotel.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for Hotel L’Europa/Village Office Complex in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. Relationship to 1981 Special Use Permit Modification: That this approval authorizes the use of approximately 6.95 acres. This authorization is intended to be in addition to the terms of the Town Council, November 23, 1981 Special Use Permit Modification document recorded in deed book 380, page 94 of the Orange County Register of Deeds.

2. Alteration of Special Use Permit Boundary: That the 1981 Special Use Permit boundary shall be altered to exclude the 2.24-acre tract (Tax Map 7.27.E.2E PIN# 9799468987) located at the northeast corner of Europa Drive and Legion Road. That separate and distinct Special Use Permit boundaries shall be created around the perimeter of the following parcels: Chapel Hill Township Tax Map 27, Block E, Lot 2 PIN# 9799478402, and Chapel Hill Township Tax Map 27, Block E, Lot 2D PIN# 9799570157. The gross land area of the new Special Use Permit boundary is 6.95-acres.

3. Land Use Intensity: This Special Use Permit Modification authorizes creation of two separate Special Use Permits:

Sheraton Hotel Permit

Ø Total # of Buildings (excluding outbuildings) 1

Ø Total # of Hotel Rooms: 168

Ø Maximum Floor Area (sq.ft) 108,000

Ø Maximum # of Parking Spaces: 238

Ø Minimum Outdoor Space (sq.ft.): 181,862

Ø Minimum Livability Space (sq.ft.): 64,608

Village Park Office Complex Permit

Ø Total # of Buildings (excluding outbuildings) 1

Ø Maximum Floor Area (sq.ft) 13,000

Ø Maximum # of Parking Spaces: 41

Ø Minimum Outdoor Space (sq.ft.): 48,320

Ø Minimum Livability Space (sq.ft.): 17,166

4. Vehicular Connection Between the Hotel and 2.24-acre Tract: That the existing vehicular connection, between the hotel parking lot and the adjacent 2.24-acre lot to the south, shall be retained. This connection shall be available for vehicular and service vehicle access for future development on the 2.24-acre tract. Prior to recordation of the Special Use Permit Modification document, a recorded easement providing for vehicular and service vehicle access to the 2.24-acre parcel, shall be recorded with the Orange County Register of Deeds office and a copy of the recorded document shall be submitted to the Town. This easement shall be reviewed and approved by the Town Manager prior to recordation.

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 Hotel L’Europa/Village Park Complex.

This the ___ day of ____, 2001.

ATTACHMENT 4

RESOLUTION B

(Denying the Application)

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR HOTEL L’EUROPA/VILLAGE OFFICE PARK COMPLEX BUILDING

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Duane Stewart and Associated, Inc., on property identified as Chapel Hill Township Tax Map 27, Block E, Lot 2 PIN# 9799478402, 7.27.E.2D PIN# 9799570157 and 7.27.E.2E PIN# 9799468987, if developed according to the site plan prepared on January 6, 1999, and conditions listed below, would not:

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

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

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

4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Council finds:

(INSERT REASONS FOR DENIAL)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for a Special Use Permit for Hotel L’ Europa/Village Office Complex.

This the ____ day of ____________, 2001.

ATTACHMENT 5

RESOLUTION C

(Defining Contiguous Property)

A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT MODIFICATION APPLICATION FOR HOTEL L’ EUROPA/VILLAGE PARK OFFICE COMPLEX (2001-05-14/R-2)

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 Hotel L’ Europa/Village Park Office Complex, proposed by Duane Stewart and Associated, Inc., on property identified as Chapel Hill Township Tax Map 27, Block E, Lot 2 PIN# 9799478402, 7.27.E.2D PIN# 9799570157 and 7.27.E.2E PIN# 9799468987, 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 Modification application to be that property described as follows:

All properties within feet of the site.

This the day of 14^th day of May, 2001.