AGENDA #9c
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Europa Office Building—Application for Special Use Permit
DATE: June 25, 2001
INTRODUCTION
Tonight the Council continues the Public Hearing from May 14, regarding the Europa Office Building Special Use Permit. Adoption of Resolution A, B or C would approve the Special Use Permit application. Adoption of Resolution D would deny the request.
The application proposes construction of a 38,000 square foot, two-story office building with 108 on-site parking spaces on a 2.24-acre site. The site is located at the northeast corner of Legion Road and Europa Drive, across from Britthaven of Chapel Hill and next to the Sheraton Hotel and west of Village Office Park. The property is located within the Community Commercial (CC) zoning district.
The applicant has also submitted an accompanying application for a Special Use Permit Modification to reduce the boundaries of the Hotel L’Europa/Village Office Park Complex Special Use Permit.
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This package of materials has been prepared for the Town Council’s consideration, and is organized as follows: ¨ Cover Memorandum: Provides staff and applicant responses to issues raised at the Council’s meeting on May 14, 2001, and offers recommendations for Council action, including resolutions of approval and denial. ¨ Attachments: Provides background on the development proposal and comments on issues raised during the Public Hearing, correspondence received during and following the Public Hearing, and a copy of the May 14 Council memoranda and related attachments. |
Background
On May 14, 2001, a Public Hearing was held for consideration of a Special Use Permit application to construct a 38,000 square foot office building on a 2.24-acre tract located at the corner of Europa Drive and Legion Road.
Questions regarding the application were raised during the Public Hearing, and the Hearing is being reopened tonight to receive applicant and staff responses to these questions. We note that, on May 14, the Council determined that contiguous property would be defined as those properties within 2,000 feet of the site.
This is an application for a Special Use Permit. The Development Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it regarding its compliance with the standards and regulations of the Town’s Development Ordinance; we have presented a report to the Planning Board; and on May 14, we submitted our report and recommendation to the Council.
The standard for review and approval of a Special Use Permit application involves consideration of four findings of fact that the Council must consider for granting a Special Use Permit. Based on the evidence that is accumulated during the Public Hearing, the Council will consider whether or not it can make each of the four required findings for the approval of a Special Use Permit.
If, after consideration of the evidence submitted at the Public Hearing, the Council decides that it can make each of the four findings, the Development Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.
Tonight, based on the evidence presently in the record thus far, we provide the following evaluation of this application based around the four findings of facts that the Council must consider for granting a Special Use Permit.
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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. |
We believe the evidence in the record to date can be summarized as follows:
Evidence in support: The applicant’s Statement of Justification (provided as an attachment to this memorandum and the May 14 memorandum) provides evidence in supportof Finding #1. We note the following key points raised by the applicant:
· “The access drive for the proposed office building will be on Europa Drive and will align with the existing access drive for the Europa Center office building located to the west of Europa Drive.” [Applicant Statement]
· “The proposed development will have minimum impact at the US 15-501/Europa Drive intersection, representing only 1.4 percent of the total volume of traffic.” [Applicant Statement]
· “The level of service at the proposed driveway on Europa Drive is anticipated to continue operating at Level of Service (LOS) A with the proposed development.” [Applicant Statement]
· “The unsignalized intersection of Europa Drive and Legion Road currently operates acceptably and, according to the traffic analysis, will continue to operate acceptably with this development.” [Applicant Statement]
· “All services for this development are available from the various utilities. Fire protection will be provided in accordance with all current regulations.” [Applicant Statement]
· “It is the intent of the Developer to provide bio-retention facilities if possible and to provide stormwater detention facilities on-site to assist in maintaining surface water quality.” [Applicant Statement]
· “The site is outside the Chapel Hill Resource Conservation District” [Applicant Statement]
Evidence in opposition: Evidence in opposition of Finding #1 for this application includes an April 24, 2001 letter from Mr. Harvey C. Krasny (provided as an attachment to this memorandum and the May 14 memorandum).
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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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. |
We believe the evidence in the record to date can be summarized as follows:
Evidence in support: The applicant’s Statement of Justification (provided as an attachment to this memorandum and the May 14 memorandum) provides evidence in supportof Finding #2. We note the following key points raised by the applicant:
· “The proposed development meets the requirements of the CC zoning district under use Group B. All setbacks, and landscape buffers have been met or exceeded. The two-story office building optimizes the allowable Floor Area Ratio (FAR) and falls within the 34-foot primary height and 60’ secondary height restrictions.” [Applicant Statement]
Evidence in opposition:We have not been able to identify evidence presented in opposition to Finding #2 for this application raised at the Public Hearing.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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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. |
At the May 14 hearing, the Council established that, for this application, “contiguous property” means parcels within 2,000 feet of the site.
We believe the evidence in the record to date can be summarized as follows:
Evidence in support: The applicant’s Statement of Justification (provided as an attachment to this memorandum and the May 14 memorandum) provides evidence in supportof Finding #3. We note the following key points raised by the applicant:
Evidence in opposition:We have not been able to identify evidence presented in opposition to Finding #3 for this application raised at the Public Hearing.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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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. |
We believe the evidence in the record to date can be summarized as follows:
Evidence in support: The applicant’s Statement of Justification (provided as an attachment to this memorandum and the May 14 memorandum) provides evidence in supportof Finding #4. We note the following key points raised by the applicant:
Evidence in opposition:We have not been able to identify evidence presented in opposition to Finding #4 for this application raised at the Public Hearing.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
KEY ISSUES
We believe that the key issues brought forth during the May 14 Public Hearing were related to pedestrian access and traffic. A discussion on the issue of pedestrian access follows in this memorandum. Please refer to the accompanying Overview Memorandum on the Europa Applications for continued discussion of traffic.
Pedestrian Access: Council members expressed concern that the proposed site design is not pedestrian friendly. The building elevations along Legion Road and Europa Drive did not appear to include doorways or entrances for pedestrian access. It was also noted that the site design did not incorporate adequate sidewalk connections to the public sidewalks, the Sheraton Hotel site or Village Office Park Complex site.
Staff Comment: We believe that sidewalk connections between the building and the existing Europa Drive sidewalk and the proposed Legion Road sidewalk are warranted. We also believe that pedestrian connectivity to the hotel site and the Village Office Park is desirable.
Resolution A, the Manager’s revised recommendation, requires that the applicant provide sidewalk segments between the Europa Drive sidewalk and the proposed Legion Road sidewalk. Resolution A also requires that, unless the Town Manager determines the improvement unreasonable due to excessive grading, the applicant provide pedestrian connections between the proposed development and the adjacent sites.
Resolution A, the Manager’s revised recommendation, would not require that the applicant provide doorways or entrances along the Legion Road or Europa Drive elevations. We note that the proposed building plan includes a single entrance along the parking lot side of the building. We believe that the single entrance, near the parking lot, will best serve most of the deliveries and pedestrians entering/existing the building. We also note that building and security management usually operates best when a building is designed with a single public doorway.
Recommendations
Advisory Board recommendations are summarized below.
Planning Board Recommendation: The Planning Board reviewed this application on May 1, 2001 and voted 4-2 to recommend that the Council approves this application for a Special Use Permit Modification with the adoption of Resolution B. Please see the attached Summary of Planning Board Action.
Resolution A includes the following recommended conditions of the Planning Board.
The differences between Resolution A (Manager) and B (Planning Board) are due to additional language added to Resolution A based on information provided at the Public Hearing.
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, May 14 memorandum) from the Town Engineer for additional comment on the applicant’s Traffic Impact Statement.
Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on May 22, 2001 and voted 6-0 to recommend that the Council approve this application for a Special Use Permit with the adoption of Resolution C. Please see attached Summary of Bicycle and Pedestrian Advisory Board Action.
Resolution C includes the following recommendations of the Bicycle and Pedestrian Advisory Board.
Staff Comment: We note that discussion about the issue of bicycle lanes and wide outside lanes is ongoing. Current Town standards, which we believe are desirable and appropriate, call for bikelanes on a major street such as Legion Road. We believe it is reasonable to follow those standards for this application, and believe that the recommendation for a four-foot wide striped bicycle lane along Legion Road is appropriate.
Resolution A, the Manager’s revised recommendation, does not include the above recommendations.
Staff Comment: We do not recommend a change in the design of the left turn lane from Legion Road onto Europa Drive. We note that the existing pavement width on Europa Drive is wide enough to accommodate a left turn lane. We do not believe that the pavement width along this section of roadway can safely accommodate two lanes of traffic and a wider left turn lane designed to accommodate bicycle movements.
Staff Comment: Case law has established a principle called “rational nexus” requiring that there be a clear relationship between requirements attached to a development approval, and the needs and impacts that are created by the proposed development. We do not believe that the impact of this proposed development, on the neighboring sidewalk network or on the Europa Drive/US 15-501 intersection, is of a nature that meets the rational nexus or rough proportionally test that must be applied. We do not believe that the nature of this proposal creates any impacts that justify the recommendations listed above.
We believe that it is not possible for the two above recommendations to meet the legal test of rational nexus or rough proportionally, and accordingly Resolution A, the Manager’s revised recommendation, does not include the above recommendations.
Resolution A includes the following recommendation of the Bicycle and Pedestrian Advisory Board.
Community Design Commission Recommendation: The Community Design Commission reviewed this application on May 8, 2001 and voted 8-0 to recommend that the Council deny this application for a Special Use Permit with the adoption of Resolution D. Please see attached Summary of Community Design Commission Action.
Manager’s Revised Recommendation: Based on our evaluation of the application, our conclusion is that the application complies with standards and regulations of the Development Ordinance. Accordingly, we recommend that the application be approved with the adoption of Resolution A, the Manager’s revised recommendation.
Based on discussion and evidence presented at the Public Hearing, Resolution A has been revised in the following way:
· That the applicant provides a sidewalk connection between the building and the Europa Drive sidewalk and a sidewalk connection between the building and the proposed Legion Road sidewalk.
· That, unless the Town Manager determines the improvements unreasonable due to excessive grading or impact to significant trees, the applicant shall at a minimum, provide one additional pedestrian connection to the Sheraton Hotel site and one additional pedestrian connection to the Village Office Park Complex site. That if determined necessary, the Town Manager may require additional pedestrian connections between the proposed development and these adjacent site.
Resolution B would approve the application based on the recommendations of the Planning Board.
Resolution C would approve the application based on the recommendation of the Bicycle and Pedestrian Advisory Board.
Resolution D would deny the application.
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ISSUE |
Resolution AManager’s Revised Recommendation |
Resolution BPlanning Board Recommendation |
Resolution CBicycle and Pedestrian Advisory Board Recommendation |
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Vehicular Connection
to Hotel |
Yes, location may be adjusted |
Yes, location may be adjusted |
* |
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Bicycle Accommodations on Legion Road |
Striped bike lane on Legion Road |
* |
Wide outside lanes on Legion Road |
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Pedestrian connections to public sidewalks and adjacent sites |
Yes (unless construction complicated by excessive grading) |
* |
Yes |
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Redesigned Left Turn Lane for Bicycles |
No, standard left turn lane |
* |
Yes |
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Payment for Off-site Sidewalks on Legion Road |
No, sidewalks on property frontage on Legion Road |
* |
Yes |
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Payment for Improvements to Europa Dr/US 15-501 Intersection |
No |
* |
Yes |
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Showers in Building |
Yes |
Yes |
Yes |
*Issue was not discussed at this particular advisory board’s meeting.
ATTACHMENTS
1. Resolution A—Approving the Application (p. 12).
2. Resolution B—Approving the Application (p. 19).
3. Resolution C—Approving the Application (p. 20).
4. Resolution D—Denying the Application (p. 22).
5. Summary of Community Design Commission Action (p. 23).
6. Summary of Bicycle and Pedestrian Advisory Board Action (p. 24).
7. Applicant’s Statement of Justification (p. 25).
8. April 24, 2001 letter from Harvey Krasny (p. 27).
9. May 14, 2001 Public Hearing Memorandum and Related Attachments (begin new page 1).
ATTACHMENT 1
RESOLUTION A
(Manager’s Revised Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR EUROPA OFFICE BUILDING (2001-06-25/R-17a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Duane Stewart and Associated, Inc., on property identified as Chapel Hill Township Tax Map 27, Block E, Lot 2E (PIN# # 9799468987), if developed according to the site plan prepared on November 23, 1998, and revised on February 15, 2001, and conditions listed below, would:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;
3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for Europa Office Building in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin by June 25, 2003 (two years from the date of Council approval) and be completed by June 25, 2004 (three years from the date of Council approval).
2. Land Use Intensity: This Special Use Permit authorizes construction of one office building, consisting of a total of 38,000 square feet of floor area, specified as follows:
Total # of Buildings: 1
Maximum Floor Area Total: 38,000 s.f for office-type business use
Maximum Clinic Floor Area: Not Permitted
Minimum Outdoor Space (s.f.): 78,748 s.f.
Minimum Livability Space (s.f.): 44,728 s.f.
Maximum # of Parking Spaces: 108
Minimum # of Bicycle Parking Spaces: 11
3. Hotel L’ Europa/Village Office Park Special Use Permit Modification: That the submission of the final plan application shall include certified copies of the recorded Special Use Permit Modification for the (insert date) Hotel L’ Europa/Village Office Park. Said Special Use Permit Modification shall reduce the overall area of the 1981 Special Use Permit boundary and removed the proposed 2.24-acre development site from the 1981 Special Use Permit.
4. Vehicular Connection to the Sheraton Hotel: That in lieu of retaining the existing vehicular connection between the site and the hotel parking lot, the applicant may provide an alternative vehicular connection between the proposed development and the hotel parking lot. Final location for a vehicular connection between the hotel parking lot and the site shall be reviewed and approved by the Town Manager.
This connection shall be available for vehicular and service vehicle access for the proposed development. Prior to the issuance of a Zoning Compliance Permit, an easement providing for vehicular and service vehicle access between the hotel property, across the proposed site, to Europa Drive, 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.
5. Legion Road Frontage Improvements: That prior to the issuance of a Certificate of Occupancy, half of a 41-foot cross-section be constructed with curb and gutter, a Town standard 5-foot concrete sidewalk and 4-foot wide striped bike lane.
6. Legion Road Left Turn Lane: That prior to the issuance of a Zoning Compliance Permit, the applicant install pavement markers for an eastbound left turn lane from Legion Road onto Europa Drive. That the final design for this turn lane shall include lane width, storage length and transition tapers.
7. Legion Road Frontage Dedication: That prior to the issuance of a Zoning Compliance Permit the applicant dedicate half of a 70-foot right-of-way to the Town of Chapel Hill along the Legion Road frontage. The plat shall be approved by the Town Manager and recorded in the Orange County Register of Deeds Office and a copy of the recorded document shall be submitted to the Town prior to the issuance of a Zoning Compliance Permit.
8. Europa Drive Left Turn Lane: That prior to the issuance of a Zoning Compliance Permit, the applicant install pavement markers for a southbound left turn lane from Europa Drive into the propose Europa Drive access drive. The final design for this turn lane shall include lane width, storage length and transition tapers.
9. Europa Drive Curb Cut: That the centerline of the new driveway for the proposed office building, align with the existing center line for the Europa Center driveway.
10. Encroachment Agreements: That prior to the issuance of a Zoning Compliance Permit the applicant obtain all necessary encroachment agreements and permits from the Town of Chapel Hill for work occurring in the right-of-way.
11. Bicycle Parking: That the bicycle parking area for this development shall comply with the Town’s Design Manual. Parking for 11 bicycles, and shower and locker facilities shall be provided. That 20% of the bicycle parking spaces include a locker, individually locked enclosure, or supervised area within a building providing protection for bicycles therein from theft, vandalism and weather.
12. Town Standards: That all streets, parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards.
13. Pedestrian Connections to the Public Sidewalks: That the applicant provide a sidewalk connection between the building and the Europa Drive sidewalk and a sidewalk connection between the building and the proposed Legion Road sidewalk.
14. Pedestrian Connections to Adjacent Developments: That, unless the Town Manager determines the improvements unreasonable due to excessive grading or impact to significant trees, the applicant shall at a minimum, provide one additional pedestrian connection to the Sheraton Hotel site and one additional pedestrian connection to the Village Office Park Complex site. That if determined necessary, the Town Manager may require additional pedestrian connections between the proposed development and these adjacent site.
Stipulations Related to Parking
15. Parking Spaces Adjacent to Europa Drive: That in order to preserve the two willow oak, the five of the proposed seven parking spaces adjacent to Europa Drive in the northwest corner of the site, shall be removed.
16. Minimum Parking Space Requirements: That if the approved final plan includes less that 108 parking spaces, this development shall comply with the minimum parking space requirements by one or a combination of the following options:
a. Reduced Floor Area to Meet Minimum Parking Requirements: Proposal to reduce the total floor area of the development must be accompanied by a revised Project Fact Sheet. That prior to issuance of a Certificate of Occupancy, an architect shall certified that the square footage of the new building complies with the minimum parking requirement as defined by the Chapel Hill Development Ordinance.
b. Off-Site Parking Spaces: That the applicant secures off-site parking spaces, in compliance with Section 14.6.2 of the Development Ordinance. That a parking agreement for these spaces be reviewed and approved by the Town Manager. Said approved agreement must be recorded in the Orange County Register of Deeds Office and a copy of the recorded document provided to the Town prior to the issuance of a Zoning Compliance Permit.
c. Redesigned Parking Area: That the parking lot shall be redesigned.
Stipulations Related to Landscape Elements
13. Critical Root Zone: Willow Oaks: That at least 80% of the critical root zone, of the two large willow oaks located in the northwest corner of the site, shall be preserved.
14. Landscape Bufferyards: That unless approved as alternative bufferyards by the Community Design Commission, the applicant provide the following landscape bufferyards:
Ø Type “A” 15-foot wide external bufferyard along the site’s frontage on Legion Road and Europa Drive; and
Ø Type “B” 10-foot wide internal bufferyard along all interior lot lines.
15. Parking Lot Plantings: That all parking lot shade trees used to demonstrate compliance with the 35% parking lot shading requirement, shall be a minimum of 2” – 2½“ in caliper when installed.
16. Planting Strips: That five-foot wide planting strip shall be provided between parking areas and the building.
17. Utilities and Landscaping: That where possible, utility line be located so that the proposed landscaping is not compromised by future repair operations and so that planting options are not constrained by utility easements.
18. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating protected root zone areas, tree protection fencing and which rare and specimen trees will be removed or preserved, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
Stipulations Related to Stormwater Management
19. Relocated Stormwater Drainage Pipe: That the proposed stormwater drainage pipe, located between the two willow oaks in the northwest corner of the site, be relocate away from the trees in order to minimize disturbance to their root systems. Final location shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
20. Best Management Practices: That the applicant provided bio-retention or best management practices (BMP’s) features to intercept and treat stormwater runoff from the developed areas. Final design and locations shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. That the percentage of stormwater runoff from the development site, subject to treatment by best management practice features, shall be reviewed and approved by the Town Manager.
21. Underground Detention: That underground detention of stormwater be use for the 2-year and 50-year storm events. Post-development stormwater run-off rate shall not exceed the pre-development rate.
22. Stormwater Management Plan: That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The post-development stormwater run-off rate shall not exceed the pre-development rate.
Stipulations Related to Refuse and Recycling Collection
23. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing of construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
24. Heavy-Duty Paving: That all drive aisles on the proposed development that provide access to the compactors, dumpsters or recycling facilities, be constructed with heavy-duty pavement.
25. Pre-construction Conference: That the applicant hold a pre-construction conference with Orange County Solid Waste staff prior to any construction activity on the site. A note indicating such shall be included on final plans.
Stipulations Related to Fire Protection/Fire Safety
26. Fire Flow: That a fire flow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
27. Sprinkler System: That the buildings shall have a sprinkler system in accordance with Town Code, which shall be approved by the Town Manager.
28. Fire Department Connections: That fire hydrants must be no more than 50 feet from fire department connections and that fire connections must be located on street side of buildings in visible, accessible locations.
Stipulations Related to Utilities
29. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority (OWASA), Duke Power Company, BellSouth, Public Service Company, Time Warner and the Town Manager before issuance of a Zoning Compliance Permit.
30. Underground Utility Lines: That all existing and proposed utility lines, other than 3-phase electric power distribution lines, shall be underground.
31. Community Design Commission Approval: That the Community Design Commission shall approve the building elevations, lighting plan and any proposed alternative landscape bufferyards for the site, prior to the issuance of a Zoning Compliance Permit.
32. Transportation Management Plan: That a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The plan shall include the following:
Ø Quantifiable traffic reduction goals and objectives;
Ø Provisions for designation of a Transportation Coordinator;
Ø Provision for an annual Transportation Survey and Annual Report to the Town Manager;
Ø Ridesharing incentives; and
Ø Public transit incentives.
33. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are complete.
34. 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.
35. Open Burning: That no open burning shall be permitted during the construction of this development.
36. Erosion Control: That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modification of the plan if necessary, be approved by the Orange County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to the issuance of a Zoning Compliance Permit.
37. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
38. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit. The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background. A detail of this sign shall be submitted with the final plan application.
39. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
40. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit for Europa Office Building.
This the 25th day of June, 2001.
ATTACHMENT 2
RESOLUTION B
(Planning Board Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR EUROPA OFFICE BUILDING (2001-06 -25/R-17b)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Duane Stewart and Associated, Inc., on property identified as Chapel Hill Township Tax Map 27, Block E, Lot 2E (PIN# # 9799468987), if developed according to the site plan prepared on November 23, 1998, and revised on February 15, 2001, and conditions listed below, would:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;
3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for Europa Office Building 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.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit for Europa Office Building.
This the 25th day of June, 2001.
ATTACHMENT 3
RESOLUTION C
(Bicycle and Pedestrian Advisory Board Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR EUROPA OFFICE BUILDING (2001-06 -25/R-17c)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Duane Stewart and Associated, Inc., on property identified as Chapel Hill Township Tax Map 27, Block E, Lot 2E (PIN# # 9799468987), if developed according to the site plan prepared on November 23, 1998, and revised on February 15, 2001, and conditions listed below, would:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;
3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for Europa Office Building in accordance with the plans listed above and with the conditions listed below:
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit for Europa Office Building.
This the 25th day of June, 2001.
ATTACHMENT 4
RESOLUTION D
(Denying the Application)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR EUROPA OFFICE BUIDLING (2001-06 -25/R-17d)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Duane Stewart and Associated, Inc., on property identified as Chapel Hill Township Tax Map 27, Block E, Lot 2E (PIN# # 9799468987), if developed according to the site plan prepared on November 23, 1998, and revised on February 15, 2001, and conditions listed below, would not:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;
3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, and
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Council finds:
(INSERT REASONS FOR DENIAL)
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for a Special Use Permit for Europa Office Building.
This the 25th day of June, 2001.