Public Hearing: UNC Office Building on Airport Drive - Application for Special Use Permit (File No. 29..1A)

SUBJECT: Public Hearing: UNC Office Building on Airport Drive - Application for Special Use Permit (File No. 29..1A)

An application seeking approval of a Special Use Permit has been filed by Ron Strom for the University of North Carolina at Chapel Hill. The request would allow the construction of a 78,000 square foot, three-story office building. The 7.3 acres site is located at the southwest corner of the Airport Road/Airport Drive intersection. The proposed development is within the Office/Institutional-2 (OI-2), Office/Institutional-3 (OI-3) and Residential-2 (R-2) zoning districts.

On February 9, 1998, the Town Council approved a Special Use Permit for a 60,000 square foot building and 178-space parking lot on a portion of this site (6.3 acres). No construction activity occurred and that Special Use Permit, granted to the University of North Carolina, expired February 10, 2000. On January 22, 2001, the Town Council granted the University of North Carolina expedited processing for this application.

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 application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Town standards; we have presented a report to the Planning Board; and tonight we submit our report and preliminary recommendation to the Council.

The standard for review and approval of a Special Use Permit application involves consideration of four findings (description of the findings follows below). Evidence will be presented tonight. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Development Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.

CONTIGUOUS PROPERTY

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

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

Contiguous Property: Property adjoining, neighboring, and nearby the outer boundary of a proposed development. For development proposals that are small in scale and similar in proposed use to existing uses in the immediate vicinity, contiguous property shall be construed to be those properties immediately adjacent. For large development proposals and/or proposed uses that are significantly different from existing uses nearby, or proposals that have significant topographic features that could impact nearby properties, contiguous property shall be construed to include those properties in a larger area, and those likely to experience negative impacts resulting from the proposed development. But in every case, for a proposal over 10 acres but less than 100 acres, at a minimum all property within 500 feet shall be considered contiguous; for development proposals that are over 100 acres, at a minimum all properties within 1,000 feet shall be considered contiguous.

The Town Attorney has advised that the Council should specify what area it considers to be contiguous property for each Special Use Permit application that comes before the Council for consideration. Therefore, based on the Town Attorney’s advice to the Council, we suggest that prior to recessing the hearing this evening the Council discuss and determine by vote what should be considered contiguous property for this application. The attached Resolution C provides a format for determining the definition of contiguous property for this application.

Description of the Application

This Special Use Permit application proposes construction of a three-story building containing 78,000 square feet of floor area. The application also proposes the construction of an on-site 211-space parking lot. Two points of access are proposed for the parking lot.

The following improvements are proposed within the Special Use Permit boundary area:

Although the proposed development does not include structures or improvements to the Residential-2 zoned portion of the site, we note that some land disturbance, associated with the construction of the parking lot (southeast corner) is proposed within this residentially zoned area.

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 Staff Report that discusses intensity standards, access, parking, buffers landscaping, and stormwater management (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 and the Design Manual with the conditions in Resolution A. We believe the proposal conforms with the purposes of the Comprehensive Plan.

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. The four findings are:

Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of, and in opposition to this application. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Development Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.

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 (1) comparison of the proposed development to the 1998 Special Use Permit, (2) number of parking spaces, and (3) bufferyard widths.

Comparison to 1998 Special Use Permit: This proposal differs from the 1998 approval in several ways. A table comparing the differences is provided.

UNC Office Building on Airport Drive

Differences between the 1998 Special Use Permit

UNC Office Building on Airport Drive	1998 Approval	Current Application
1) Gross Land Area	6.35 acres	7.3 acres
2) Floor Area	60,000 sq. ft.	78,000 sq. ft
3) Outdoor Space	256,778 sq. ft.	292,261 sq. ft
4) Livability Space	184,760 sq. ft	216,796 sq. ft.
5) # Parking Spaces	177	211
6) % Impervious Surface	36%	34%
7) Landscape Buffer Widths: · Northern property line · Western property line · Southern property line · Eastern property line	50 feet 10 feet 50 to 75 feet 50 to 200 feet	30 feet none 50 to 75 feet 130 to 200 feet
8) Bio-Retention	No	Yes
9) Fire Hydrant(s)	Yes (1)	Yes (2)
10) # Vehicular Access Points	One	Two
11) Bicycle Parking Facilities including Lockers and Showers	No	Yes (Per Resolution A)
12) Airport Drive Right and Left Turn Lane	No	Yes (Per Resolution A)
13) Double Yellow Line (Pavement Striping on Airport Drive)	No	Yes (Per Resolution A)
14) Raised Pedestrian Crosswalk on Airport Road	No	Yes (Per Resolution A)

We also note that the 1998 approval included a rectangular building parallel to Airport Drive with parking proposed behind the building. The current application involves a “L” shaped building with parking area adjacent to Airport Drive.

A copy of the February 9, 1998 Special Use Permit and reduced plan are attached.

Parking: The applicant is proposing to construct a 211-space on-site parking lot for this development. This lot would be adjacent to and surround three sides of the new building. We note that the Development Ordinance defines minimum parking requirements for an office type development, as one parking space for each 350 square feet of floor area. Applying this minimum standard for an office development to a 78,000 square foot building would require a minimum of 224 parking spaces. The proposed on-site parking lot falls short of this minimum parking space requirement by 13 spaces.

Staff Comment: We understand this proposed development application, although submitted by a private entity other than the University of North Carolina, is intended to serve administrative needs of the University. As a University use, minimum parking requirements are not identified in the Development Ordinance. The Ordinance includes a provision allowing the Town Manager to determine a minimum parking space requirement for uses not listed. The determination is to be guided by the requirements for similar uses, the number and kind of vehicles likely to be attracted to the use, and studies of minimum requirements in other cities.

The applicant is proposing to construct 211 parking spaces adjacent to the proposed building. The applicant has also noted the availability of additional parking spaces at a satellite parking area behind the Giles Horney Building. We believe that the proposed on-site parking and availability of parking spaces in the satellite lot adequately address the minimum parking needs of this 78,000 square foot University building, given the transportation management programs already in place at the University. Resolution A would allow the construction of no more than 211 parking spaces.

Bufferyard Widths: A key issue raised during the Planning Board and Community Design Commission reviews of this application concerned bufferyard widths. In particular, the Boards questioned the merits of a 200-foot wide buffer proposed along Airport Road (the eastern property line) versus a proposed narrower (50 to 75 foot) buffer between the building and the adjacent residential neighborhood along the southern property line. A preference for a wider southern bufferyard width, between the neighborhood and the development, at the expense of smaller eastern bufferyard along Airport Road, was expressed.

Staff Comment:For the eastern (Airport Road) and southern property lines (residential neighborhood), the minimum bufferyard width required by the Development Ordinance is:

· Southern property line (residential neighborhood): Minimum 20-foot wide bufferyard.

The applicant is proposing the below bufferyard widths along these property lines:

· Southern property line (residential neighborhood): 50 to 75-foot wide bufferyard.

We note that these proposed bufferyard widths exceed the minimum requirements of the Development Ordinance and that the buffers proposed are similar to the bufferyards approved by the Council with the 1998 Special Use Permit. We also note that a previous UNC Land Use Plan for the Horace Williams property called for the provision of a 200-foot buffer along Airport Road.

We believe the bufferyard widths as proposed are reasonable. Resolution A includes the following stipulations:

· Type C landscape bufferyard (minimum width 50 feet) along the southern property line between the western edge of the site and the southeast corner of the building;

· Type C landscape bufferyard (minimum width 75 feet) along the southern property line between the southeast corner of the building and the western edge of the University property located in the Residential-2 zoning district; and

· Type D landscape bufferyard (minimum width 200 feet) along the eastern property line abutting Airport Road. The eastern 190 feet of this bufferyard shall remain undisturbed.

Summary of Comments

We believe that the development proposed in this application meets Ordinance requirements and is consistent with an application that the Town Council approved for this site in 1998. Resolution A includes both 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 application:

1. Applicant accepts and records the Special Use Permit, which incorporates the terms of the Council-adopted resolution.

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

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. State Department of Insurance 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 September 4, 2001, and voted 7-0 to recommend that the Council approve this application for a Special Use Permit with the adoption of Resolution B. Please see the attached Summary of Planning Board Action.

Resolutions A and B include the following three recommended conditions of the Planning Board.

· That the number of bicycle parking spaces accessible to a locker, an individual locked enclosure or supervised area within a building provided protection for bicycle therein from theft, vandalism and weather be increased from 2 to 4 spaces.

Staff Comment: Although all advisory boards did not discuss this issue, this recommendation corrects an error in the staff’s September 4, 2001memorandum and is included in Resolution A and Resolution B.

Staff Comment: At the Planning Board meeting the applicant presented a revised site plan (Sheet C-2, dated September 4, 2001). The revised plan increased the proposed number of parking spaces from 199 to 211. Noting that this proposed change to the original site plan was accomplished without encroaching into the landscape bufferyards, as recommended in the September 4, 2001 Staff Report, the Planning Board recommended the increase in parking spaces.

· That the site plan Sheet C-2, dated July 20, 2001, is superseded by site plan Sheet C-2, dated September 4, 2001.

Staff Comment: As previously stated, the applicant presented a revised site plan to the Planning Board during its’ September 4, 2001 meeting. This revised site plan included several revisions to the site plan originally submitted with the Special Use Permit application on December 19, 2000. Some of the revisions were in response to staff comments and recommendations. Those revisions included:

a) Relocating stormwater facilities outside the southern and northern bufferyard areas;

b) Providing a 50 to 75 foot wide bufferyard along the southern property line; and

The other revision to the site plan, not in response to staff comment, included:

The site plans provided tonight for this application includes these revisions. This revised site plan was presented to the Transportation Board at their September 4, 2001 meeting and the Community Design Commission at their September 19, 2001 meeting.

Transportation Board Recommendation: The Transportation Board reviewed this application on September 4, 2001, and voted 4-2 to recommend that the Council approve this application for a Special Use Permit with the adoption of Resolution A. Please see the attached Summary of Transportation Board Action.

Resolution A includes the following recommended conditions of the Transportation Board.

· That the maximum number of parking spaces be increased from 199 to 211 (reflecting Applicant’s revised proposal).

· That a raised pedestrian crosswalk shall be constructed on Airport Drive between the proposed building and the Giles Horney building.

Community Design Commission Recommendation: The Community Design Commission reviewed this application on September 19, 2001, and voted 11-0 to approve the Special Use Permit with the adoption of Resolution B. Please see the attached Summary of Community Design Commission Action.

Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board is scheduled to review this application on October 23, 2001. We will forward a summary of its action as soon as it is available.

Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary recommendation is that, with the stipulations in Resolution A, 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 the four findings required for the approval of a Special Use Permit, we recommend that the application be approved with the adoption of Resolution A.

Resolution B would approve the application based on the recommendations of the Planning Board and Community Design Commission.

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

SPECIAL USE PERMIT

DIFFERENCES BETWEEN RESOLUTIONS

SUBJECT: Public Hearing: UNC Office Building on Airport Drive - Application for a Special Use Permit (File No. 7.29..1)

We have received an application for a Special Use Permit to construct a 78,000 square foot, three-story office building at the corner of the Airport Road/Airport Drive intersection. The proposed development includes a 211-space parking lot. The site contains approximately 7.3 acres of land and is located on University of North Carolina property within the Office/Institutional-2 (OI-2), Office Institutional-3 (OI-3) and Residential-2 zoning districts. The subject parcel is identified as Chapel Hill Township Tax Map 29, part of Lot 1A.

BACKGROUND

February 9, 1998 - Special Use Permit issued to the University of North Carolina for a three-story 60,000 square foot building and 178-space parking lot on 6.3 acres at the southwest corner of Airport Road Airport Drive intersection.

December 19, 2000 - Town receives an application to modify the February 9, 1998 Special Use Permit. Proposed modifications include an additional 18,000 square feet of floor area, additional parking spaces and enlarging the Special Use Permit boundary to 7.3 acres.

January 22, 2001- Town Council granted the University of North Carolina expedited processing for this application.

February 10, 2001 - Special Use Permit issued on February 9, 1998 becomes void (construction starting time limit expires on February 9, 2001).

The Office/Institutional-2 and Office/Institutional-3 zoning district allows office-type developments as a permitted use. A Special Use Permit is required in this case because the proposed floor area of this structure is greater than 20,000 square feet, and the land disturbance is greater than 40,000 square feet.

A portion of the southeast corner of this Special Use Permit application (approximately 27,810 square feet) is zoned Residential-2. Office-type development is only allowed in the Residential-2 zoning district with the approval of a Planned Development. Except for some clearing and grading associated with the parking area, no development is proposed for the property zoned Residential-2.

EVALUATION

The Town staff has reviewed the Special Use Permit application for compliance with the standards of the Development Ordinance and Design Manual and offers the following evaluation:

GENERAL ISSUES

Existing Conditions: The submitted application proposes a Special Use Permit boundary that encumbers approximately 7.3 acres. The proposed boundary includes portions of two parcels of land, separated by Airport Drive.

The larger area, approximately 6.8 acres, is located at the southwest corner of the Airport Road/Airport Drive intersection. This 6.8-acres includes 29,935 square feet of residentially zoned property recently acquired by the University. Located at the southeast corner of the development site, this property is zoned Residential-2. The remaining 0.5-acre of land proposed as part of this application is zoned Office Institutional-3 (OI-3) and is located at the northwest corner of the Airport Road/Airport Drive intersection. This 0.5 acre and the 29,935 square feet of residentially zoned property was not part of the 1998 Special Use Permit approval.

The topography of the 6.8 acres generally slopes downward from the southwestern to northeastern portions of the property. The site contains slopes of 5-10% in the areas proposed for construction. Large pine trees cover the property, with a mixed hardwood understory. Two significant trees are located near the southern property line, a 40-inch white oak, and a 40-inch red oak.

The 6.8-acre portion of the application is bounded by University property, within the Office/Institutional-3 zoning district, to the north and west. The Giles F. Horney Building and a satellite parking area are located across Airport Drive to the north, and the University Art Studio building is located to the west of this property. Abutting this property to the south are single-family residential properties, located within the Residential-2 zoning district. Across Airport Road to the east are office buildings, a vacant lot and a residential property, located within the Office/Institutional-2 zoning district.

The 0.5 acre portion of the application is the southern most portion of 350 foot long by 150 foot wide stormwater drainage basin that runs between the west side of Airport Road and the Giles F. Horney Building. This basin receives stormwater runoff from adjacent University development. Along its east, west and northern edges this depression falls steeply (slopes of 40-50%) towards a large relatively flat area. Elevations at the top of the basin along these edges range between 460 feet and 450 feet above sea level. The southern edge of the basin, along Airport Drive is at an elevation of 450 feet above sea level and gradually (slopes of 10%) slopes away from the street towards the bottom of the basin. The lowest elevation within the basin is 430 feet. This area includes Resource Conservation District. However, we note that University development is not subject to the Resource Conservation District regulations.

This basin is generally overgrown in vegetative cover and includes several significant trees. A 24-inch white oak is located in the basin within the proposed Special Use Permit boundary.

Development Description: This application proposes construction of a three-story building containing 78,000 square feet of floor area. The application also proposes the construction of an on-site 211-space parking lot. Two points of access are proposed for the parking lot.

The following improvements are also proposed within the Special Use Permit boundary area:

We note that a bio-retention facility, associated stormwater management improvements, and a stormwater easement are proposed on the north side of Airport Drive. We anticipate that these proposed improvements would involve extensive clearing and land disturbance in this 0.5-acre area. We anticipate that the land disturbance associated with this improvement will most likely result in the removal of the 24-inch white oak.

Although the proposed development does not include structures or improvements to the Residential-2 zoned portion of the site, we note that some land disturbance, associated with the construction of the parking lot, (southeast corner) is proposed within this residentially zoned area.

We note that the applicant is proposing to retain the two significant trees (40-inch white and 40-inch red oaks) located near the southern property line.

Intensity Standards: The proposal meets the land use intensity requirements of the Development Ordinance for floor area, outdoor space and livability space ratios.

Comprehensive Plan: The recently adopted Land Use Plan identifies the area of this Special Use Permit application, including the land zoned Residential-2, as suitable for University type land use.

Comparison to 1998 Special Use Permit: This proposal differs from the 1998 approval in several ways;

· The 1998 approval provided on entrance to the parking lot at the Art Lab entrance. The current application proposes two points of access.

· The 1998 approval included a rectangular building parallel to Airport Drive with parking proposed behind the building. The current application involves a “L” shaped building with parking area adjacent to Airport Drive.

Transportation Issues

Access and Circulation: Vehicular access to the site is proposed from two driveways on Airport Drive. The first driveway is approximately 230 feet west of Airport Road. The second drive is approximately 650 feet west of Airport Road. This second driveway would use the existing curb cut that currently provides access to the Art Lab building parking lot.

The applicant is proposing to make off-site improvements along Airport Drive and Airport Road. A five-foot concrete sidewalk, a three-foot planting strip and curb and gutter are proposed along the south side of Airport Drive from Airport Road to the Art Lab driveway. A stipulation to this effect has been included in Resolution A.

The other proposed off-site improvement includes construction of a 5-foot wide sidewalk along the west side of Airport Road, between Airport Drive and Barclay Road. This proposed sidewalk would connect to an existing sidewalk along the west side of Airport Road, which ends at Barclay Road.

We note that the topography of the land and the location of existing utility poles, between the University’s property and Barclay Road, may create difficulties in the construction of a Town standard five-foot wide sidewalk, which typically includes a three-foot wide planting strip between the curb and sidewalk. We are concerned that in order to construct a Town standard sidewalk, it may be necessary to encroach upon the existing embankment, install a retaining wall, and relocate the utility poles along this section of Airport Road.

We believe that a sidewalk should be provided along this section of Airport Road. Typically we would recommend that this sidewalk be constructed to meet the Town’s standards, which call for a five-foot wide concrete sidewalk, with a three-foot wide planting strip between the curb and sidewalk. However, due to the difficulties associated with the topography in this area we recommend, as previously stipulated in 1998, a modification to this standard.

We note that the 1998 Special Use Permit included a stipulation that authorized the construction of a five-foot wide concrete sidewalk, along Airport Road between Airport Drive and Barclay Road, with the normally required three-foot grass strip between the sidewalk and back of curb reduced to one-foot where necessary in the vicinity of utility poles, and for the Airport Road frontage between this property and Barclay Road. We continue to recommend this construction design and have included a stipulation to this effect in Resolution A.

An internal pedestrian network is proposed with this development. Three pedestrian connections between the proposed building and Airport Drive are identified. This sidewalk network continues around the entire building. The applicant is also including three pedestrian entrances to the building. We note that approximately 70 percent of the on-site parking spaces are within 100 feet of a sidewalk connection between the building and the parking lot.

A pedestrian connection between the University Art Lab building and the new parking lot is also proposed. A striped pedestrian crosswalk on Airport Drive, between the building site and the Giles Horney building, is also proposed.

Parking: The applicant is proposing to construct a 211-space parking lot. This lot would be adjacent to and surround three sides of the new building. As previously stated this proposed lot would be accessed at two points from Airport Drive.

In addition to these 211 new parking spaces, the applicant has stated that additional parking spaces are available in the “satellite parking area” behind the Giles Horney Building.

We note that the closest point of this satellite lot is approximately 400 feet away from the proposed building entrance on Airport Drive. In order to accommodate pedestrian movement between this satellite parking area and the new building, the applicant is proposing to provide a striped crosswalk on Airport Drive.

We understand this proposed development application, although submitted by a private entity other than the University of North Carolina, is intended to serve administrative needs of the University. As a University use, minimum parking requirements are not identified in the Development Ordinance. The Ordinance includes a provision allowing the Town Manager to determine a minimum parking space requirement for uses not listed. The determination is to be guided by the requirements for similar uses, the number and kind of vehicles likely to be attracted to the use and studies of minimum requirements in other cities.

We believe that the type of use proposed by The University for this building is similar to office type uses. The Development Ordinance defines minimum parking requirements for an office type development, as one parking space for each 350 square feet of floor area. Applying this minimum standard for an office development to a 78,000 square foot building would require a minimum of 224 parking spaces. The proposed on-site parking lot falls short of this minimum parking space requirement by 13 spaces

We note that the applicant is proposing 211 parking spaces adjacent to the proposed building and additional parking at the satellite parking area behind the Giles Horney Building. In light of the transportation management programs already in place at the University, we believe that the 211 on site-parking spaces and availability of additional parking spaces in the satellite lot adequately addresses the minimum parking needs of this 78,000 square foot University building. Resolution A would allow the construction of no more than 211 on-site parking spaces.

We believe that an opportunity exists for additional landscaping within the parking lot. We have included a stipulation in Resolution A requiring that the applicant enlarge the landscape island closest to the eastern most driveway. In order to enlarge this landscape island, we recommend that the parking space, on the northwest edge of this planting area, be replaced with an expanded landscape area.

We have include our standard stipulation recommending that the applicant submit a Transportation Management Plan for this project as part of the Final Plan review process.

Bicycle Parking: Bicycle racks are identified on the plans along the eastern side of the proposed building. We note that the proposed plan provides for at least 20 bicycle spaces.

We recommend that this development comply with the Town’s Design Manual for bicycle parking standards for an office development. We recommend that this proposal provide parking for 22 bicycles. We recommend this new building include shower and locker facilities. We further recommend that 4 of the 22 parking spaces provide a locker, individually locked enclosure, or supervised area within a building providing protection for bicycles therein from theft, vandalism and weather.

Traffic Impact: The Traffic Impact Analysis provided by the applicant concludes that:

· The decreased level of service (LOS) projected for the Estes Drive/Airport Road intersection from LOS D (2001) to LOS E (2002) is due to increase background traffic; site traffic does not have a substantial effect on the intersection operation.

· The level of service on the Airport Drive intersection approach at Estes Drive will decrease from LOS E (2001) to LOS F (2002). The LOS F is acceptable, since the delay incurred by the intersection is for minor approach volumes and is confined to the P.M. peak hour.

· The level of service for the Airport Road/Airport Drive intersection will operate at a LOS F during P.M. peak hour.

· The LOS at the remaining study area intersections is currently acceptable and is projected to operate acceptably with the development during the Build year (2002).

We concur with the applicant’s analysis concerning the impacts of this development on the level of service within the traffic study area. However, we believe that the traffic impacts generated by this proposed development warrant roadway and traffic signal timing improvements.

We note that the Airport Road/Airport Drive intersection will operate at a LOS F during P.M. peak hours. Instead of requiring a new traffic signal at this intersection, we recommend that the applicant construct an exclusive right-turn lane with 100 feet of storage along the south side of Airport Drive. We note that this recommended improvement would provide adequate pavement width for re-striping Airport Drive just west of Airport Road. The re-striping would create an exclusive right turn lane and an exclusive left turn lane from Airport Drive onto Airport Road. Resolution A includes a stipulation to this effect.

We recommend that the applicant provide a double yellow center stripe along all of Airport Drive between Airport Road and Estes Drive Extension. This stipulation has been incorporated into Resolution A.

We also believe that the traffic impacts generated by this proposed development warrant improvement to the Airport Road/Estes Drive traffic signal. We recommend that the applicant make a payment of $5,000 to revise the traffic signal timing at this intersection. Resolution A includes this recommendation.

Airport Drive is currently classified as a local street. We believe that a public right-of-way exists along Airport Drive and recommend that the final plan application identify the location of this right-of-way. If the applicant cannot confirm the existence of public right-of-way, we recommend that the applicant dedicate 50 feet of right-of-way centered along the existing asphalt roadway. We note that the University has agreed, in principal, to provide this right-of-way dedication, but has noted that the Council of State must approve this dedication. The University also noted that the location of the existing Giles F. Horney Building, on the north side of Airport Drive, might preclude the placement of the 50-foot right-of-way along the centerline of Airport Drive.

Resolution A includes a stipulation that would require the University to seek authorization from the Council of State for this dedication. The stipulation would not require that the Council of State grant this request. The stipulation allows the right-of-way to be placed adjacent to the Giles F. Horney Building, so that this building would not be located within the new public right-of-way. This stipulation is included in Resolution A.

Bus Stops: Chapel Hill Transit bus stops are located on the north and south side of Airport Drive, just west of Airport Road. We recommend that the applicant improve the bus stop on the south side of the road. The proposed site plan includes the installation of a new bus shelter and pad on the south side of Airport Drive. This improvement would be coordinated with the construction of the new sidewalk on Airport Drive. Resolution A includes a stipulation to this effect.

Landscaping and Architectural Issues

Buffer Requirements and Landscape Protection: The Development Ordinance requires that the following landscaped buffers be provided for this development:

· Type A landscaped buffer (minimum width 15 feet) along the south side of Airport Drive;

· Type C landscaped buffer (minimum width 20 feet) along the southern property line and along the portion of the eastern property line not adjacent to Airport Road; and

· Type D landscaped buffer (minimum width 30 feet) along the eastern property line abutting Airport Road.

The Development Ordinance does not require a landscaped buffer area along boundary of the development adjacent to other University land uses (Art Lab and the Giles Horney Building).

The applicant proposes to provide a 30-foot wide Type B landscaped buffer along the south side of Airport Drive. This proposed bufferyard would include areas of undisturbed vegetative and the planting of new landscape materials. The 1998 Special Use Permit stipulated a 50-foot wide Type B bufferyard in this area, adjacent to the road.

Although this proposal reduces in width by 20 feet the previously approved bufferyard, we believe that the proposed 30-foot wide bufferyard long Airport Drive is appropriate. We note that the applicant’s proposed 30-foot bufferyard is twice as wide as the minimum 15-feet Type A bufferyard required by the Development Ordinance.

We note that the Special Use Permit approved by the Council in 1998 included a stipulation for two different Type C bufferyards along the southern property line; a 50-foot wide bufferyard in the western portion of the site and a 75-foot wide bufferyard in the eastern portion of the site. We continue to believe that these previously stipulated bufferyard are desirable given the residential nature of this adjacent property. We recommend that the applicant provide a 50-foot wide Type C bufferyard along the south property line in the western portion of the site. We also recommend that the applicant provide a 75-foot wide Type C bufferyard along the south property line in the eastern portion of the site. The applicant has agreed to these bufferyard dimensions as shown on the submitted site plans. Resolution A includes this stipulation.

Along the eastern property line, not adjacent to Airport Road, the applicant is proposing a 130-foot wide area of undisturbed vegetation. This area is a portion of the site that is zoned Residential-2 and was not included in the 1998 Special Use Permit. We recommend that the applicant provide a 130-foot wide Type C landscape bufferyard, along this portion of the eastern property line (not adjacent to Airport Road). In order to accommodate land disturbance associated with parking lot construction we believe it reasonable to permit, at a minimum, grading and replanting of the western 10 feet of this 130 foot wide undisturbed bufferyard. Resolution A includes this stipulation.

South of Airport Drive, adjacent to Airport Road, the applicant is proposing a 200-foot wide area of undisturbed vegetation. We also note that a previous UNC Land Use Plan for the Horace Williams property includes the provision for a 200-foot buffer along Airport Road. The 1998 Special Use Permit stipulated that a 200-foot wide Type D landscape bufferyard be provided for this area. We believe that a 200-foot wide bufferyard should be provided in this location.

In order to accommodate land disturbance associated with parking lot construction we believe it reasonable to permit, at a minimum, grading and replanting of the western 10 feet of this 200-foot wide bufferyard. We have included this stipulation in Resolution A. Resolution A also includes a stipulation authorizing a “nature trail” for the employees within this bufferyard area. Any trees to be removed within this area, in association with the design of the “nature trail” shall not be done without the approval of the Town’s Urban Forester.

North of Airport Drive, along Airport Road, we recommend that the applicant be required to provided a Type D landscaped buffer (minimum width 30 feet) adjacent to Airport Road. We recommend that no disturbance, other that the planting of supplemental vegetation, occur within this 30-foot width. We note that this recommended bufferyard area is within the existing stormwater drainage basin and is located upon some extremely steep slopes (40-50%). We also note that the area is heavily overgrown and would be difficult to landscape due to the topography. We believe that in order to satisfy the recommendation for a 30-foot wide bufferyard in this area, the eastern most 30 feet of the existing stormwater drainage basin remain generally undisturbed.

We recommend that all proposed landscape buffers not include areas within 15 feet of proposed or existing utility lines, as the affected utility companies generally prohibit planting in these areas. We have included a stipulation to this effect in Resolution A. We note that this stipulation may impact the width of the Airport Drive landscaped buffer (in front of the proposed office building).

Previous storms have felled a significant number of trees on the site and much of the area near the southern property line is currently sparsely wooded and overgrown with wisteria. We believe that existing vegetation, along both the southern and northern property lines, will not provide adequate screening. We recommend that a Planting Plan be provided for this project, which addresses the additional plantings that will be installed to satisfy the Town’s buffer requirements along these property lines. We have included a stipulation in Resolution A that a Planting Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

We have included our standard stipulations regarding parking lot shading and parking lot screening.

Building Elevations: We have included our standard stipulation in Resolution A that the Community Design Commission approves the building elevations for this development prior to issuance of a Zoning Compliance Permit. We believe that a portion of the proposed building will be visible from Airport Road and that special consideration will be required.

Lighting Plan: We have included our standard stipulation in Resolution A that the Community Design Commission approves the lighting plans for this development prior to issuance of a Zoning Compliance Permit. We note that the proposed parking lot is adjacent to a residential neighborhood and that special consideration will be required.

Environmental Issues

Watershed Protection District: This site is not located within the Watershed Protection District.

Resource Conservation District: The stormwater detention basin, at the northwest corner of Airport Road/Airport Drive is located within Resource Conservation Districts. However, we note that University development is not subject to the Resource Conservation District regulations.

Stormwater Management: The stormwater management plan for this development includes bio-retention and stormwater detention facilities.

Two bio-retention facilities are proposed. The smaller of these two stormwater features is located within the parking lot. The second bio-retention facility is proposed in the large stormwater drainage basin along Airport Drive.

We note that the smaller bio-retention facility is designed to collect runoff from the parking area. Discharge from this proposed bio-retention area is piped underground, to a proposed detention basin along the south side of Airport Drive.

We believe that there may be alternative opportunities for bio-retention or other Best Management Practice within the proposed parking lot or elsewhere on this site. We have included a stipulation in Resolution A requiring 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. This stipulation also prohibits locating these stormwater management features within a required bufferyard area.

The proposed stormwater plan includes improvements to the stormwater drainage basin at the northwest corner of Airport Drive and Airport Road. We are concerned with the amount of clearing and grading associated with this improvement. We are particularly concerned with the increased visibility between Airport Road and University buildings after this improvement is complete. We recommend that the use of this stormwater detention facility, as proposed by the applicant in the area between the Giles F. Horney Building and Airport Road, be designed and developed in a manner that provides additional landscape bufferyard material to enhance both the foreground and background bufferyard areas adjoining any detention facility. We have included a stipulation to this effect in Resolution A.

We have included a stipulation in Resolution A that prior to the issuance of a Zoning Compliance Permit the applicant submits a Stormwater Management Plan with an engineered stormwater facility. The facility design shall be based on the 1-year and 50-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate. We also recommend that the engineered stormwater facility shall also be designed to remove 85% total suspended solids and treat the first inch of precipitation.

Erosion Control: We recommend, and have included a stipulation in Resolution A, that an erosion and sedimentation control plan be approved by the North Carolina Department of Environment, Health and Natural Resources and be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit.

Utilities: We recommend that the overhead utility lines along Airport Drive be relocated underground, unless they include three-phase electric power distribution lines. If the utility lines include three-phase lines, we recommend that the lines be raised to a minimum of 14 feet 6 inches to allow service vehicle access, if determined to be necessary by the Town Manager. We have included a stipulation to this effect in Resolution A.

We have included our standard stipulation in Resolution A that detailed utility plans be reviewed and approved by the Town Manager and local utility companies prior to issuance of a Zoning Compliance Permit.

Fire: The applicant indicates that the proposed office development will include an automatic fire sprinkler system. We have included our standard stipulation that a fire flow report, sealed by a professional engineer, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Refuse Management: The applicant proposes to provide a refuse/recycling area on the site to be serviced by the University. The refuse area would be located along the western edge of the proposed parking lot.

Summary

Special Use Permit Findings: For approval of a Special Use Permit, the Council must find that the proposal achieves the purposes of the Comprehensive Plan. Specifically, Section 18.2 of the Development Ordinance requires that the Council make the following findings:

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 the applicable specific standards contained in Sections 18.7 and 18.8 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; and

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.

The Goals, Objectives and Policies document of the Comprehensive Plan states the following objectives and policies which would support this proposed use:

· Economic Diversity: Encourage office, institutional and commercial employers of small to medium scale, located in conveniently accessible centers and areas efficiently serviced by public utilities, services and transit, avoiding strip development.

· Pedestrian Movement: Encourage pedestrian movement throughout the Town by providing a convenient and safe pedestrian system within neighborhoods and activity centers that link these uses to one another and support the entire transportation system.

We note that the Design Guidelines, a component of the Comprehensive Plan, includes provisions, which address parking lot design. The Design Guidelines state:

“Parking lots should not be focal points of a development. Parking area should be located away from streets- preferably behind buildings.”

We believe that this proposal satisfies some objectives of the Comprehensive Plan.

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

Based upon 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 purpose of the Comprehensive Plan.

Adoption of Resolution A would recommend approval of the application for a Special Use Permit based on the Manager’s preliminary and Transportation Board’s recommendation.

Resolution B would approve the application based on the recommendations of the Planning Board and Community Design Commission.

UNC OFFICE BUILDING ON AIRPORT DRIVE	Compliance	Non-Compliance
Use Permitted	Ö
Min. Gross Land Area	Ö
Min. Lot Width	Ö
Max. Floor Area	Ö
Min. Outdoor Space	Ö
Min. Livability Space	Ö
Min. Recreation Space	N/A
Impervious Surface Limits	N/A
Min. # Parking Spaces	*
Min. # Loading Spaces	Ö
Min. # Handicap Spaces	Ö
Max. # Dwelling Units	N/A
Min. Street Setback	Ö
Min. Interior Setback	Ö
Min. Solar Setback	Ö
Max. Height Limit	Ö
Min. Landscape Buffers	Ö
Public Water and Sewer	Ö

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE UNC OFFICE BUILDING ON AIRPORT DRIVE

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Special Use Permit application, as proposed by Ron Strom for the University of North Carolina at Chapel Hill, on property identified as Chapel Hill Township Tax Map 29, part of Lot 1A, if developed according to the site plans dated July 20, 2001, revised September 4, 2001, and the conditions listed below:

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

2. Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, 14, and 18, and with all other applicable regulations (with the exceptions listed below);

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

4. Would 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 the Special Use Permit for the UNC Office Building on Airport Drive in accordance with the plans listed above and with conditions listed below:

1. That construction begins by (two years from the date of Council approval) and be completed by (four years from the date of Council approval).

2. Land Use Intensity: This Special Use Permit authorizes construction of 1 office building, consisting of a total of 78,000 square feet of floor area, specified as follows:

3. Land Use: That this Special Use Permit authorizes the construction of a three-story structure for University use only.

4. Airport Drive Improvements: That prior to occupancy, the applicant makes the following improvements to Airport Drive:

a) Five-foot wide concrete sidewalk, three foot wide planting strip and curb and gutter along the frontage of the site;

b) Construction of an exclusive right-turn lane with 100 feet of storage at the Airport Road intersection;

c) Pavement striping for exclusive right-turn and left-turn lanes onto Airport Road at the Airport Road intersection;

d) Pavement striping for a double yellow line from Airport Road to Estes Drive; and

e) A raised pedestrian crosswalk between the Giles Horney Building and the proposed building.

The design and location of all improvements shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

5. Airport Drive Right-Of-Way: That the University seek authorization from the Council of State to dedicate a 50-foot wide public right-of-way along Airport Drive, between Estes Drive and Airport Road. In the vicinity of the existing Giles F. Horney Building, the placement of the right-of-way shall be located adjacent to this building, and shall be approved by the Town Manager prior to occupancy. The plat and dedication shall be reviewed and approved by the Town Manager prior to recordation with the Orange County.

6. Airport Road Improvements: That prior to occupancy, the applicant construct a five-foot wide concrete sidewalk, with a three-foot wide planting strip, along Airport Road between Airport Drive and Barclay Road, with the typical three-foot grass strip between the sidewalk and back of curb reduced to one-foot where necessary in the vicinity of utility poles, and for the Airport Road frontage between this property and Barclay Road.

7. Traffic Signal Timing Improvements: That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide a payment of $5,000.00 for traffic signal timing improvements at the Airport Road/Estes Drive intersection, to the Town of Chapel Hill.

8. Bus Shelter: That prior to occupancy, the existing bus stop on the south side of Airport Drive shall be improved to include a bus shelter, bench and pad, subject to Town Manager approval.

9. Bicycle Parking: That the development comply with the Town’s Design Manual for bicycle parking standards for an office development. The applicant must provide a minimum of parking for 22 bicycles. At least 4 bicycle parking spaces shall have accessibility to a locker, an individually locked enclosure or supervised area within a building providing protection for bicycles therein from theft, vandalism and weather. Shower and locker facilities shall be provided within the new building.

10. Transportation Management Plan: That, prior to issuance of a Zoning Compliance Permit, the applicant shall prepare a Transportation Management Plan for approval by the Town Manager. The required components of the Transportation Management Plan shall include:

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

Stipulations Related to Landscaping and Architecture

11. Required Buffers: That the following landscape bufferyards be provided; and if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by fencing from adjacent construction.

· Type B landscape bufferyard (minimum width 30 feet) along the northern property line adjacent to Airport Drive;

· Type C landscape bufferyard (minimum width 50 feet) along the southern property line between the western edge of the site and the southeast corner of the building;

· Type C landscape bufferyard (minimum width 130 feet) along the eastern property line not adjacent to Airport Road. The eastern 120 feet of this bufferyard shall remain undisturbed; and.

· Type D landscape bufferyard (minimum width 200 feet) along the eastern property line abutting Airport Road. The eastern 190 feet of this bufferyard shall remain undisturbed.

The landscape bufferyards shall not include areas within 15 feet of existing or proposed utilities lines or easements.

12. Employee Nature Trail: That the applicant may construct a “nature trail” within the area designated as a Type D landscape bufferyard (minimum width 200 feet) along the eastern property line abutting Airport Road. Any trees to be removed within this area, in association with the design of the “nature trail” shall not be done without the approval of the Town’s Urban Forester.

13. Parking Lot Landscape Island: That the applicants enlarge the parking lot landscape island, closest to the eastern most driveway by removing parking space, on the northwest edge of this planting area.

14. Parking Lot Landscaping: That the planting plan demonstrates compliance with Parking Landscaping Standards of the Development Ordinance including but not limited to shading and screen requirements.

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. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The plan shall include tree protection and/or clearing limit lines for the proposed land disturbance associated with the stormwater basin at the northwest corner of Airport Road and Airport Drive.

17. Planting Plan: That a detailed Planting Plan, identifying the additional plantings needed to comply with the Town’s landscape bufferyard requirements along the northern and southern property lines. That the plan includes the installation of evergreen shrubs to supplement the retained vegetation in the northern and southern buffers and a mix of canopy trees in the parking lot islands. The plan shall also provide information on whether planting can be incorporated into the design of the stormwater detention basin at the northwest corner of Airport Road and Airport Drive. That the eastern most 30 feet of this stormwater detention basin shall remain generally undisturbed. The plan must be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

18. Landscape Plan Approval: That a detailed landscape plan, landscape maintenance plan, and lighting plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

19. Community Design Commission Approval: That the Community Design Commission shall approve the building elevations, lighting plans and all proposed alternative landscape bufferyards for the site, prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to the Environment

20. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant submits a Stormwater Management Plan with an engineered stormwater facility. The facility design shall be based on the 1-year and 50-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate. That the engineered stormwater facility shall also be designed to remove 85% total suspended solids and treat the first inch of precipitation.

21. Stormwater Detention Pond: That the stormwater detention facility, to accommodate stormwater run-off from this proposed development, located as proposed by the applicant in the area between the Giles F. Horney Building and Airport Road, be designed and developed in a manner that provides additional landscape bufferyard material to enhance both the foreground and background bufferyard areas adjoining any detention facility.

22. 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. BMP’s shall note be located within a required bufferyard area.

23. Erosion Control: That a soil erosion and sedimentation control plan be approved by the North Carolina Department of Environment, Health and Natural Resources and a copy of the approval be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit.

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

Stipulation Related to Utility and Services

25. Utility Lines: That all overhead utility lines along Airport Drive shall be relocated underground, unless the lines include three-phase electric power distribution lines. If three-phase utility lines exist, these lines shall be raised to a minimum height of 14 feet 6 inches to allow service vehicle access, if determined to be necessary by the Town Manager.

26. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by OWASA, Duke Power Company, Public Service Company, BellSouth, and the Town Manager prior to issuance of a Zoning Compliance Permit.

27. 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.

28. Fire Hydrant: That a fire hydrant be located within 50 feet of the automatic sprinkler system connection to this development.

Miscellaneous Stipulations

29. State Permits/Agreements: That any required State permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.

30. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plan, Stormwater Management Plan (with hydraulic calculations), and landscape plans be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and Design Manual.

31. Construction Sign: That the applicant post a construction sign that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Building Permit, prior to the commencement of any land disturbing activities. 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.

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

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

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for the UNC Office Building on Airport Drive in accordance with the plans and conditions listed above.

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE UNC OFFICE BUILDING ON AIRPORT DRIVE

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 the UNC Office Building On Airport Drive 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.

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 the UNC Office Building on Airport Drive.

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE UNC OFFICE BUILDING ON AIRPORT DRIVE

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by the Ron Strom for the University of North Carolina at Chapel Hill, on property identified as Chapel Hill Township Tax Map 29, part of Lot 1A, if developed according to the site plan dated July 20, 2001, revised September 4, 2001 and the conditions listed below, would not:

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

Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, 14, and 18, and with all other applicable regulations;

Be 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;

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for the UNC Office Building on Airport Drive as proposed by Ron Strom for the University of North Carolina at Chapel Hill.

A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT APPLICATION FOR THE UNC OFFICE BUILDING ON AIRPORT DRVE (2001-10-17/R-1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, having considered the evidence submitted in the Public Hearing thus far pertaining to the application for Special Use Permit for the UNC Office Building on Airport Drive, proposed by Ron Strom., on property identified as Chapel Hill Township Tax Map 29, Lot 1, 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:

ISSUE	Resolution A Manager’s Preliminary and Transportation Board’s Recommendation	Resolution B Planning Board and Community Design Commission’s Recommendation
Increase number of parking spaces to 211~~n to exceed 110% of minimum requirement~~	Yes	Yes
Raised pedestrian crosswalk on Airport Drive	Yes	*
Increase locked bicycle parking to 4 spaces	Yes	Yes
Approved Revised Site Plan C-2 dated September 4, 2001	Yes	Yes