Public Hearing:The Franklin Hotel – Application for Special Use Permit

SUBJECT: Public Hearing: The Franklin Hotel – Application for Special Use Permit

An application seeking approval of a Special Use Permit has been filed by GGA Architects to allow the construction of a 5-story hotel on a 0.64-acre site. The site is located at 311 West Franklin Street, at the intersection of Kenan Street across from Ham’s Restaurant. The site is at the southeast corner of Franklin and Kenan Streets. A vacant building stands on the site that previously served as the Carolina Trailways bus terminal.

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 which the Council may consider as it determines any appropriate conditions to impose upon the proposed development.

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

The site is 0.64 acres and is located at 311 West Franklin Street, at the intersection of Kenan Street. The site is at the southeast corner of Franklin and Kenan Streets, across from Ham’s Restaurant and Trilussa Restaurant respectively. The property is located within the Town Center-2 (TC-2) zoning district, and is identified as Chapel Hill Township Tax Map 86, Block B, Lot 7 (PIN# 9788261416).

Existing Conditions: The site is 0.64 acres and is located at 311 West Franklin Street. A vacant one-story building stands on the site that previously served as the Carolina Trailways bus terminal. The building sits on higher ground above and set back from Franklin Street. Access to the site is available from both Franklin Street and Kenan Street.

The site slopes down toward Franklin Street, from an elevation of 468 feet to 454 feet, at an average slope of about 7.5%. The site is not located in the Town’s Watershed Protection District.

The site includes a specimen 40” Oak tree in front of the existing building on Franklin Street. There is also a significant large tree on the adjacent property to the east, just over the property line.

Development Description: This Special Use Permit application proposes construction of a 5-story hotel with 51,100 square feet of floor area and 66 lodging units. The first two floors are proposed to be setback 4 feet from the Franklin Street frontage, while the third, fourth, and fifth floors will be stepped back additionally. Two points of access are proposed, one from Franklin Street and one from Kenan Street, to two levels of structured parking. The applicant proposes to regrade the site to accommodate the structured parking and to minimize the overall height of the building.

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, buffers and landscaping, parking lot shading, access and circulation, parking, traffic impact, building elevations, stormwater management, refuse management, utilities, fire safety, and erosion control. A checklist describing compliance with regulations is also 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 Design Manual with the conditions in Resolution A. We believe the proposal fulfills the purposes of the Comprehensive Plan.

Tonight the Council receives our attached evaluation, and also receives information by the applicant and others. The applicant’s materials are included as attachments to this memorandum. We have not received any other written information from any other citizens as yet. 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.

KEY ISSUES

Based on the review of this development application by Town advisory boards and the Town staff, we believe that several key issues have been identified. These issues are further discussed as follows:

Preservation Designation / Building Scale: The Town Council has adopted a Downtown Small Area Plan as a component of the Town’s Comprehensive Plan. In the Downtown Plan, the existing vacant building on this site is noted as Preservation Area. At the Planning Board meeting, the Board discussed the preservation designation and the overall mass and scale of the proposed building. The proposed hotel would have five stories, and be significantly taller than adjacent development.

Staff Comment: The Downtown Small Area Plan does not provide discussion of the preservation objective for each site identified with the designation. This property has two noteworthy features. The vacant brick building presently on the site is a downtown building that is in the Williamsburg architectural style and scale. In addition, we believe that the presence of the specimen 40” Oak tree in front of the building is significant. Both the building and tree would be lost in construction of the proposed hotel. We note that the discussion among Planning Board members, several of whom served on the Downtown Small Area Plan Workgroup, focused on the significance of retaining the pedestrian oriented environment of Downtown and not necessarily retaining the existing building or tree. There was general agreement of the Planning Board that the proposed hotel would accomplish that goal.

In terms of building scale, the Board’s discussion focused on the proposed hotel design, which minimizes the potentially imposing height of a 5-story building. Planning Board members thought that the way the upper stories were stepped back from the street would help the building to retain a human scale. Several members also thought that the window design and treatment with awnings could improve the human scale of the building. We note that some parts of the Downtown Small Area Plan discourage larger scale development downtown while other parts encourage it (see Staff Report for detailed discussion).

Transportation Management Plan: The standard Transportation Management Plan stipulation was not included in the resolution sent to the advisory boards.

Staff Comment: The proposed hotel proposes one (1) parking space per lodging unit, as required by the Town Development Ordinance. However, given the potential additional parking demand for hotel staff and the downtown location, we believe it is appropriate to include the Transportation Management Plan requirement in Resolution A. The Transportation Board also recommended including the Transportation Management Plan requirement for this application. This issue did not come up at the Planning Board meeting.

We have attached a resolution that includes standard conditions of approval, as well as special conditions that we recommend for this application. The key special conditions that we recommend are described in detail in the accompanying staff report. With these conditions, we believe that the Council could make the findings regarding health, safety and general welfare, property values, and consistency with the Comprehensive Plan:

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

SUBSEQUENT REGULATORY STEPS

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

1. Applicant accepts and records a 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, including access easement, is reviewed and approved by Town staff. Plat is recorded at the Orange County Register of Deeds office.

5. Upon demonstration of compliance with remaining Council stipulations, Town staff issues a Zoning Compliance Permit authorizing site work. Permit includes conditions specific to the development and requires pre-construction conferences with Town staff.

6. Engineering Department issues an Engineering Construction Permit, authorizing work within the public right-of-way; and

7. Inspections Department issues Building Permits and Certificates of Occupancy.

RECOMMENDATIONS

Planning Board Recommendation: The Planning Board reviewed this application on October 2, 2001 and voted 8-1 to recommend that the Council approve Resolution A with a condition to revise stipulation #12, regarding the provision of landscaping around the entire perimeter of the proposed building. Resolution A has been revised to include this provision. Please see the attached Summary of Planning Board Action.

Transportation Board Recommendation: The Transportation Board reviewed this application on October 2, 2001 and voted 6-2 to recommend that the Council approve Resolution A with the following conditions: 1) the applicant should be required to implement a Transportation Management Plan (TMP), and 2) the applicant should have the option to propose fewer than 66 parking spaces, if desired. The Summary of Transportation Board Action is attached.

Staff Comment: In regard to Transportation Board recommended conditions we have the following comments: 1) A stipulation for a Transportation Management Plan has been included in Resolution A. 2) The Town Center parking regulations require a minimum of 66 parking spaces for the proposed hotel.

Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on October 23, 2001. We will provide the Summary of Bicycle and Pedestrian Advisory Board Action to the Council as soon as it is available.

Community Design Commission Recommendation: The Community Design Commission will review this application October 24, 2001. We will provide the Summary of Community Design Commission Action to the Council as soon as it is available.

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

Following tonight’s Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application. If the Council makes the four required findings for the approval of a Special Use Permit, we recommend that the application be approved with the adoption of Resolution A.

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

Attachments

9. Letter From Applicant and Excerpts From The Comprehensive Plan and Downtown Small Area Plan (p. 42)

12. Concept Plan Map From Downtown Small Area Plan, adopted March 27, 2000 (p. 68)

SUBJECT: Public Hearing: The Franklin Hotel – Application for a Special Use Permit

Attached for your consideration is an application for a Special Use Permit to allow the construction of a 5-story hotel on a 0.64-acre site. The site is located at 311 West Franklin Street, at the intersection of Kenan Street across from Ham’s Restaurant. The site is at the southeast corner of Franklin and Kenan Streets. A vacant building stands on the site that previously served as the Carolina Trailways bus terminal.

The proposed hotel would have 5 floors, 66 lodging units, 51,100 s.f. of floor area, and 66 parking spaces. The two-level proposed parking deck would be accessible from both Franklin and Kenan Streets. The two levels are not connected but would have access from separate Franklin and Kenan Street entrances. The applicant is also proposing drop-off areas for hotel patrons on both levels of the parking deck.

The property is located within the Town Center-2 (TC-2) zoning district, and is identified as Chapel Hill Township Tax Map 86, Block B, Lot 7 (PIN# 9788261416).

The Concept Plan for this proposal was reviewed by the Community Design Commission on November 15, 2000.

The following series of events have taken place on the site of the proposed development:

· About 1950: Carolina Trailways bus terminal was constructed in the brick “Williamsburg” revival style.

· April 27, 1992: Application forSite Plan Review / Zoning Compliance Permit for expansion of bus terminal approved by the Planning Board.

· October 15, 1993: Extension for construction starting time limit approved for October 29, 1994.

· 1995: The Carolina Trailways bus terminal was abandoned and has been vacant approximately since this time. Spaces in the parking lot are currently leased out.

· December 19, 2000: Special Use Permit application submitted for Franklin Hotel proposal.

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

Existing Conditions: The 0.64-acre site is located at 311 West Franklin Street, at the intersection of Kenan Street across from Ham’s restaurant. The site previously served as the Carolina Trailways bus terminal.

The site slopes towards the north-northeast from an elevation of 468 feet to 454 feet, at an average slope of about 7.5%. The southern part of the site slopes gently whereas the northern part is of the site, towards Franklin Street, is steepest with a 16.5% grade. The site is not located in the Town’s Watershed Protection District.

Development Description: This Special Use Permit application proposes construction of a 5-story hotel with 51,100 square feet of floor area and 66 lodging units. The first two floors are proposed to have a 4-foot landscaped setback on the Franklin Street frontage, while the third, fourth, and fifth floors will be stepped back additionally. Two points of access are proposed, one from Franklin Street and one from Kenan Street, to two levels of structured parking.

Intensity Standards: The proposed project meets the Development Ordinance’s standards for floor area, outdoor space, and livability space, for the Town Center-2 (TC-2) zoning district.

Comprehensive Plan and Downtown Small Area Plan: In order to approve a Special Use Permit, one of the findings Council must make is that the development conforms to the general plans for the physical development of the Town as embodied by the Comprehensive Plan. Both the Comprehensive Plan, and the Downtown Small Area Plan, adopted May 8, 2000 and March 27, 2000 respectively by the Town Council, provide guidance for reviewing the hotel proposal. Following are arguments both supporting and arguing against approval of the proposed hotel with a staff summary at the end:

· “Utilize available land in an economically optimal fashion.” (Downtown Small Area Plan, Economic Vitality, Objectives p. 9)

· “Provide a diversity of densities, scales, land uses and sizes.” (Downtown Small Area Plan, Economic Vitality, Objectives p. 9)

· “Breaks in a predominant rhythm can be used to emphasize major circulation points or changes of use.” (Downtown Small Area Plan, Design Guidelines, p. 5)

· “Develop and maintain the downtown as a pedestrian-oriented focal point for the community’s commercial and retail needs.” (Comprehensive Plan, Economy and Employment, p. 44)

· “Maintain existing, and encourage new, “magnets” to attract people to downtown.” (Downtown Small Area Plan, Town Character/Land Use Objectives p. 10)

· “Provide a safe and secure environment for citizens in the downtown area.” (Downtown Small Area Plan, Goals and Objectives - Economic Vitality, p. 9)

· “The Downtown Plan maintains and builds upon the qualities that make Chapel Hill unique. Through a policy combining preservation of the most significant buildings with the enlightened, planned development - or redevelopment - of underutilized lots, blocks, and “holes” in the urban streetscape, the downtown area may be able to enjoy a new era of increased vitality.This maturation of downtown would maintain continuity from its village roots through references to these antecedents in architectural details and through the preservation of landmarks. It would be distinguished also by major new civic and commercial structures that - in concert with older structures - would form a coherent, rhythmic pattern of open spaces and closed street “walls” in varying levels of density and intensity up and down the primary streets.” (Downtown Small Area Plan, Vision Statement, p. 6)

· “The Downtown Small Area places one guiding principle above all others in importance: The preservation and extension of the vital people/pedestrian-oriented character of the downtown center, and the fostering of programs and policies which would tend to intensify the social and cultural activity that defines this character. No action, aggressive or modest, in the implementation of this plan would be judged appropriate which did not work to serve this fundamental goal.” (Downtown Small Area Plan, Vision Statement, p. 5)

· “Encourage desirable forms of non-residential development.Maintaining a mix of private, non-residential uses (e.g., office, retail, and service establishments) is important to the future health and economic vitality of the community. In addition to augmenting the tax base, appropriate forms of non-residential development can help achieve such objectives as making it easier for people to live and work in Chapel Hill, increasing local shopping opportunities, and supporting mixed-use development forms.” (Comprehensive Plan, Major Themes, p. 5)

· “The traditional role of the downtown as Chapel Hill’s commercial core has been fundamentally changed by automobile-oriented commercial development in suburban locations. While remarkably healthy compared to the central business districts of many other American cities and towns that have experienced the same phenomenon, the downtown will continue to be affected by economic and societal changes, as well as by the growth of UNC. Certain parts of the downtown, most notably West Rosemary Street, have underutilized parcels of land that could be redeveloped. Several of the properties along West Rosemary Street have recently been developed with new uses, enhancing the vitality of the downtown.” (Comprehensive Plan, Community Character, p. 5)

· We note that the Franklin Hotel site is classified for Town / Village Center land use on the Land Use Plan, an element of the adopted Comprehensive Plan. Hotels are permitted uses in the existing Town Center-2 (TC-2) zoning district, which corresponds to the Land Use Plan classification. (Comprehensive Plan, Land Use Plan, p. 63 and Development Ordinance, Section 12.3, p. 80)

· The vacant Trailways Bus Station is designated as a “preservation area” in the Downtown Small Area Plan. The following text from the Downtown Small Area Plan (pp. 41-42) partly describes the preservation area intent:

“A key concept of the downtown plan is the preservation of buildings and areas that contribute to the historic and community character of Chapel Hill.”

“The Concept Plan highlights areas of preservation or conservation (See Concept Plan Map on Page 23). Future development in these areas should be undertaken only with the idea of protecting the existing buildings, and should be harmonious with and integrated into the existing fabric.”

· “Maintain a human scale in the built environment.” (Downtown Small Area Plan, Town Character/Land Use Objectives, p. 10)

· “Buildings should be designed to be compatible, in form and proportion, with neighboring buildings.” (Downtown Small Area Plan, Design Guidelines, Key Design Objectives, p. 1)

· “Develop and maintain commercial uses that are compatible with the character and scale of Chapel Hill.” (Comprehensive Plan, Economy and Employment, p. 44)

· We note that this site is located between the Cameron-McCauley and Northside districts, classified as residential conservation areas by the Comprehensive Plan. Additionally, there is a goal in the Downtown Small Area Plan for protecting neighborhoods bordering downtown. Descriptions from the plans are as follows:

“Chapel Hill residents believe that protecting the physical and social fabric of neighborhoods is key to maintaining the Town’s community character. Of particular concern are the neighborhoods that touch and circle the downtown and central campus. These neighborhoods are rich in history and tradition, are highly valued by residents, and are among the areas of Town that are most susceptible to change. As indicated in Figure 2, these neighborhoods are designated as residential conservation areas.” (Comprehensive Plan, Community Character, p. 12)

· “Protect fragile residential neighborhoods bordering downtown business districts.” (Downtown Small Area Plan, Goals and Objectives – Town Character / Land Use, p. 10)

Staff Summary: Arguments can be made in favor of and in opposition to the finding that this proposed development conforms to the Comprehensive Plan. On balance, we believe that the proposed hotel could be found to support the goals, objectives and strategies of the Comprehensive Plan and the Downtown Small Area Plan. We note that the proposed use and height are permitted in the Town Center-2 (TC-2) zoning district. The proposed use could be found to support the goals of the plans by providing a more economical use of the site, providing more diversity of scale, use and size, providing a pedestrian focal point and magnet for attracting people downtown, and augmenting the tax base. Arguments against are that the proposed use could be found contrary to the plans by demolishing a building designated as a preservation area, being incompatible with existing neighborhood buildings, not being built to human scale, and being proximate to neighborhood conservation areas. As a consequence of weighing the potential pros and cons, we believe that the proposed development generally supports the goals, objectives and strategies of the Comprehensive Plan and the Downtown Small Area Plan.

Access and Circulation: Vehicular access to the site is proposed from two points, on Franklin and Kenan Streets. The proposed hotel would have a 2-story parking deck with separate access to the lower level from Franklin Street and the upper level from Kenan Street; the two levels would not be connected. The applicant is proposing a drop-off area near the back door to the hotel on both levels of the parking deck.

Pedestrian access to the building is proposed at the main entrance to the proposed hotel on Franklin Street and on each parking level at the rear of the hotel. The applicant has proposed an 8-foot sidewalk on the Franklin Street frontage and a 5-foot sidewalk on the Kenan Street frontage. We recommend that curb and gutter on Franklin and Kenan Streets be constructed to a Town standard width of 30 inches. We also recommend that the applicant provide adequate right-of-way to accommodate the entire widths of the sidewalks and that the sidewalks be built to Town Standards. The proposed Kenan Street sidewalk appears not to be entirely within the right-of-way. We have included these stipulations in Resolution A.

Pedestrian movement in this area, associated with the proposed hotel, requires particular attention. We are concerned about the ability of the hotel patrons to access the north side of Franklin Street. We recommend that the applicant install a signalized crosswalk on Franklin Street on the west side of the Franklin Street / Kenan Street intersection, subject to approval by North Carolina Department of Transportation and the Town Manager. We have included a stipulation to this effect in Resolution A.

We note that the Council has adopted a Downtown Streetscape Master Plan. We recommend that the applicant provide a streetscape on the Franklin Street frontage in the public right-of-way, with planters, trees, trash receptacles, benches and decorative paver treatments, built to Town standard, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included these stipulations in Resolution A.

Parking: In the Town Center zoning districts, the Development Ordinance offers several options for compliance with the Town parking requirements:

Based on proposed number of lodging units, the applicant proposes to provide on-site parking to satisfy the parking requirements. The Development Ordinance requires 66 spaces or one space per lodging unit. The applicant is proposing 66 parking spaces, 34 of which would be compact parking spaces (52% of total). We note that the applicant has proposed 62 full-time parking spaces; 4 additional parking spaces would be used for parking only at night, serving the dual use of patron drop-off areas during other hours.

The applicant is proposing 4 handicapped parking spaces; 3 handicapped spaces are required. We recommend that each handicapped parking space meet the minimum Town Design Manual dimensional requirements. We have included these a stipulation to this effect in Resolution A.

Transportation Management Plan: We recommend that a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We recommend that this plan be updated and approved annually by the Town Manager. We have included these a stipulation to this effect in Resolution A.

Bicycle Parking:We recommend that the applicant provide 7 bicycle parking spaces comprised of 1 Class I space and 6 Class II spaces[1]. We have included a stipulation to this effect in Resolution A. The applicant is proposing 7 bicycle parking spaces on the lower parking deck, which we believe may fit the definition of Class I bicycle spaces.

The Town Council adopted a resolution on October 11, 2000, amending the standards for bicycle parking facilities. For commercial and retail buildings, one bicycle parking space for every 10 automobile parking spaces is required. Twenty percent of these spaces are required to be Class I spaces and eighty percent must be Class II spaces as required by the resolution adopted by the Town Council.

Traffic Impact: The applicant has provided a Traffic Impact Analysis for this development. The analysis concludes the following:

“The proposed development is located at the corner of Franklin Street and Kenan Street. Access to the site will be limited to two driveways, one along Franklin Street, the other along Kenan Street. In addition, the site is located along two existing Chapel Hill Transit routes, “F” and “J” Routes, which run along Franklin Street. Access to these routes will be very convenient for hotel patrons and visitors. Commercial / retail development is within walking distance, as well as additional Chapel Hill Transit routes.”

“Per the Town of Chapel Hill’s requirements, the following intersections were analyzed for existing and future conditions:

“Morning and afternoon peak hour capacity analyses were performed for the existing and future conditions for the above intersections. The transportation software used to analyze unsignalized and signalized intersections consisted of Synchro Professional and Highway Capacity Software (HCS).”

“The levels of service at all study area intersections are currently acceptable and are projected to operate acceptably with the development during the build year (2003).”

“There are no roadway improvements required as part of the project. All existing and planned intersections are projected to operate at LOS A or better and therefore do not require geometric improvements to provide acceptable intersection operations in the year 2003 with the development.”

We believe that applicant’s analysis concerning the impacts of this development on the level of service within the traffic study area is reasonable.

Bus Stops: Chapel Hill Transit bus stops are in numerous locations on both the north and south sides of West Franklin Street, including an existing stop that is immediately west of the proposed front entrance to the proposed hotel. We recommend that the applicant show the location of the bus stop on final plans and provide a bus-stop shelter in a manner that will be well integrated with the proposed streetscape infrastructure. We have included a stipulation to this effect in Resolution A.

Buffers and Landscaping: No perimeter landscape buffers are required by the Town’s Development Ordinance in the Town Center-2 (TC-2) zoning district.

The applicant is proposing to clear and regrade the entire site. The site includes a specimen 40” Oak tree in front of the existing building on Franklin Street that the applicant is proposing to remove. There is also a significant large tree on the adjacent property to the east, near the Dead Mule Club, just over the property line. The applicant is proposing to build a retaining wall 7 feet inside the eastern property line to minimize potential negative impact to the root system of the large tree on the adjacent property.

We recommend that a Landscape Protection Plan be prepared for this project. We recommend that the Landscape Protection Plan show the location and critical root zone of the large oak on the adjacent Dead Mule Club property along with the location of tree protection fencing along all construction limit lines. We have included a stipulation to this effect in Resolution A.

The applicant has proposed building four 8 foot by 12-foot streetscape planters on the Franklin Street frontage and to plant Town approved street trees. We recommend that the proposed planters have a minimum size of 8 foot by 15 foot. We also recommend that the applicant provide several Town standard benches and trash receptaclesalong the Franklin Street frontage. We have included a stipulation to this effect in Resolution A.

The applicant has proposed a “landscaping area” in the 4-foot setback area between the building and the Franklin Street sidewalk. We recommend that a planting plan be prepared for this area and any other areas where plantings may be proposed. We recommend that these planting areas be raised slightly above the sidewalk grade to reduce the likelihood of pedestrians damaging the proposed landscaping. We have included a stipulation to this effect in Resolution A.

The applicant has proposed providing decorative street pavers in the Franklin Street right-of-way near the entrance to the proposed hotel. We recommend that the plans provide additional information about the proposed decorative pavers. If non-standard materials are proposed, we believe it will be necessary to execute an encroachment agreement indicating that the applicant will be responsible for maintenance of these improvements. We have included a stipulation to this effect in Resolution A.

Building Elevations: We recommend that detailed building elevations be approved by the Community Design Commission, prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

Lighting Plan: We recommend that a detailed lighting plan be approved by the Community Design Commission, prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

Watershed Protection District: The development is not located in the Watershed Protection District.

Resource Conservation District: The development is not located in the Resource Conservation District.

Stormwater Management: We have included our standard stipulation in Resolution A, requiring Town Manager approval of a Stormwater Management Plan and to provide an engineered stormwater facility. We recommend that the Stormwater Management Plan be approved prior to the issuance of a Zoning Compliance Permit. 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. The engineered stormwater facility shall also be designed to remove 85% total suspended solids and treat the first inch of precipitation.

Stormwater Best Management Practices: The applicant has not proposed Best Management Practices (BMP’s) for water quality enhancement. We recommend that the applicant provide a Best Management Practice for water quality enhancement, such as a physical treatment system with a sand or gravel matrix, or alternative system, to be approved by the Town Manager. We have included a stipulation to this effect in Resolution A.

We also recommend that the applicant contact the Town’s Stormwater Engineer to discuss water quality mitigation measures and refer to Stormwater Best Management Practices produced by the North Carolina Department of Environment and Natural Resources.

Stormwater Operations and Management Plan: We recommend that the applicant provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan includes the owner's financial responsibility and maintenance schedule of the facilities to ensure that it continues to function as originally intended, to be approved by the Town Manager. We have included a stipulation to this effect in Resolution A.

Stormwater Drainageway Easement: We recommend that the applicant locate on-site stormwater facilities within a stormwater drainageway easement to be approved by the Town Manager. We have included a stipulation to this effect in Resolution A.

Erosion Control: We recommend that an erosion control plan for the site be approved by the Orange County Erosion Control Officer, and be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

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

We recommend that the applicant reimburse the Town for the cost of installing Town standard street and pedestrian level lighting fixtures along the Franklin Street frontage. We also recommend that the location of these proposed fixtures be shown on final plans. We have included a stipulation to this effect in Resolution A.

We recommend that all utility lines, other than 3-phase electric power distribution lines, be placed underground and be indicated on final plans. We have included a stipulation to this effect in Resolution A.

We recommend that the applicant provide a standard conduit bank along the Franklin Street frontage. We have included a stipulation to this effect in Resolution A.

Fire Safety: We have included our standard stipulation in Resolution A requiring that a fire flow report sealed by a professional engineer, be submitted for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.

We recommend that the building have a sprinkler system in accordance with Town Code, to be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

We note that it is Town Policy that all structures shall be located within 500 feet of a fire hydrant. In addition, we note that the Town seeks to maintain a 50-foot maximum distance between fire hydrants and fire department connections, in a clearly visible and accessible location on the street side of buildings. We recommend that a fire hydrant be installed at the corner of Franklin and Kenan Streets and that fire department connections must be no more than 50 feet from the hydrants and located on street side of buildings in visible, accessible locations, subject to Town Fire Marshall approval. We have included a stipulation to this effect in Resolution A.

Refuse Management and Recycling: The applicant proposes to provide private refuse and recycling facilities accessible from Kenan Street. The proposed facilities are not adequately designed for Town refuse or recycling collection. We note that a Special Use Permit Modification would be required to correct the design and configuration of the refuse and recycling area to meet Town of Chapel Hill and Orange County Solid Waste standards. We have included a stipulation to this effect in Resolution A.

We recommend that final plans indicate dimensioned details of the Kenan Street service entrance and collection area to accommodate refuse and recycling collection, including the curb-cuts, service entrance, loading dock, collection area, collection container types, surfacing materials, clearances and obstructions. The applicant has proposed and is in the process of producing detailed drawings of such a refuse collection facility including a self-contained roll-off refuse compactor. We recommend a self-contained roll-off compactor be used for refuse. We are concerned that the service entrance shown on current plan elevations will need to be enlarged to accommodate this type of refuse compactor, potentially effecting the façade appearance. We have included stipulations to this effect in resolution A.

We note that recyclable materials generated by this site may not be disposed of at Orange County Solid Waste facilities until such time that recycling facilities are designed to Orange County Standards. We have included a stipulation to this effect in Resolution A.

We recommend that the applicant contact the Orange County Solid Waste staff to discuss the relocation or deconstruct of the existing structure.

Miscellaneous: We have also included a stipulation in Resolution A requiring that no open burning associated with this development shall be permitted.

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

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

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

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

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

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

Based on information available at this stage of the application review process, and except for the particular request for a modification to the regulations, we believe that the proposal, with the conditions in Resolution A, meets the requirements of the applicable sections of the Development Ordinance and Design Manual, and that the proposal fulfills the purposes of the Comprehensive Plan.

Resolutions A would approve the application and the requested modification to the regulations, with conditions.

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

Special Use Permit Application

	STAFF EVALUATION
THE FRANKLIN HOTEL	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	Ö
Min. # Loading Spaces	N/A
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	N/A
Public Water and Sewer	Ö

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE FRANKLIN HOTEL

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by GGA Architects, Inc., on property identified as Chapel Hill Township Tax Map 86, Block B, Lot 7 (PIN# 9788261416), if developed according to the site plan dated 12/7/2000, and revised on 8/9/2001, 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 The Franklin Hotel in accordance with the plans listed above and with the conditions listed below:

1. That construction begin by ________________ (two years from the date of Council approval) and be completed by ____________ (three years from the date of Council approval).

2. Land Use Intensity: This Special Use Permit authorizes construction of a hotel consisting of a total of 51,100 square feet of floor area, specified as follows:

3. Franklin Street Signalized Crosswalk: That the applicant shall install a signalized crosswalk on Franklin Street on the west side of the Franklin Street / Kenan Street intersection, subject to approval by North Carolina Department of Transportation and the Town Manager.

4. Franklin Street Sidewalk: That an 8-foot wide sidewalk, built to Town standards, shall be constructed on the property’s Franklin Street frontage in the public right-of-way.

5. Franklin Street Streetscape: That a streetscape shall be built on the property’s Franklin Street frontage in the public right-of-way, with 4 planters that are a minimum of 8 feet x 15 feet each with trees, a minimum of 3 Town standard benches, and 2 Town standard trash receptacles to be well integrated with the bus-stop shelter (see Stipulation #11), to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

6. Franklin Street Decorative Pavers: That the applicant shall provide additional information about the decorative paver materials proposed to be used in the public right-of-way on portions of the Franklin Street frontage. If non-standard materials are proposed, the applicant may be required to execute an encroachment agreement indicating that the applicant will be responsible for maintenance of these improvements prior to issuance of a Zoning Compliance Permit.

7. Kenan Street Sidewalk: That a 5-foot wide sidewalk, built to Town standards, shall be installed on the east side of the entire Kenan Street frontage in the public right-of-way.

8. Parking Spaces: That the applicant shall provide a total of 66 parking spaces, including 4 handicapped spaces.

9. Town Standards: That all streets, parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards.

10. Bicycle Parking: That the applicant shall provide a total of 7 covered bicycle parking spaces; a minimum of one bicycle space shall be designed to Class I standards and 6 bicycle spaces designed to Class II standards according to the Town Design Manual.

11. Bus Stop Shelter: That the applicant shall provide one bus-stop shelter well integrated with the proposed streetscape infrastructure (see Stipulation #5).

12. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be prepared for the site including the plantings proposed for the perimeter of the proposed building. The plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The planting areas adjacent to Franklin Street shall be raised slightly above the sidewalk grade to reduce the likelihood of pedestrians damaging the proposed landscaping, subject to Town Manager approval.

13. Landscape Protection Plan: That a detailed Landscape Protection Plan be prepared, clearly indicating which rare and specimen trees will be removed and preserved and including Town standard landscaping protection notes. The plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

14. Protection of Off-Site Tree: That the applicant shall indicate the location of the critical root zone of the large oak on the adjacent Dead Mule Club property along with the location of tree protection fencing at all construction limit lines.

15. 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 Cable and the Town Manager before issuance of a Zoning Compliance Permit.

16. Franklin Street Light Fixtures: That the applicant shall reimburse the Town for the cost of installing Town standard street and pedestrian level lighting fixtures along the property’s Franklin Street frontage. The final plans shall show the location of these proposed fixtures to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

17. Utility Lines: That all utility lines, other than 3-phase electric power distribution lines, shall be underground and shall be indicated on final plans.

18. Franklin Street Conduit Bank: The applicant shall provide a standard conduit bank along the Franklin Street frontage and include a detail of such on the final plans.

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

20. Sprinkler System: That the buildings shall have a sprinkler system in accordance with Town Code, which shall be approved by the Town Manager prior to the issuance of a Building Permit.

21. Fire Department Connections: That a fire hydrant shall be installed at the corner of Franklin and Kenan Streets and that fire department connections must be no more than 50 feet from the hydrants and located on street side of buildings in visible, accessible locations, subject to Town Fire Marshall approval.

22. 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.

23. Private Refuse and Recycling Collection Required: That private refuse and recycling collection shall be required at this site. That a Special Use Permit shall be required to correct the design and configuration of the refuse and recycling area to meet Town of Chapel Hill and Orange County Solid Waste standards.

24. Dimensioned Details of Refuse and Recycling Collection Facilities: That final plans indicate dimensioned details of the Kenan Street service entrance and collection area to accommodate refuse and recycling collection, including the curb-cuts, service entrance, loading dock, collection area, collection container types, surfacing materials, clearances and obstructions. That a self-contained roll-off compactor be used for refuse, subject to Town Manager approval.

25. Pre-construction Conference: That the applicant shall hold a pre-construction conference with Orange County Solid Waste staff prior to any construction activity on the site. A note indicating such shall be included on final plans.

Miscellaneous Stipulations

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

27. Stormwater Management Plan: That a Stormwater Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 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. The engineered stormwater facility shall also be designed to remove 85% total suspended solids and treat the first inch of precipitation.

28. Stormwater Best Management Practices: That the applicant shall provide a Best Management Practice facility for water quality enhancement, such as a physical treatment system with a sand or gravel matrix, or alternative system, to be approved by the Town Manager.

29. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are complete, and that a note to this effect shall be placed on the final plat.

That if the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and that a note to this effect shall be placed on the final plat.

32. Transportation Management Plan: That a Transportation Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall be updated and approved annually by the Town Manager. The required components of the Transportation Management Plan shall include:

33. 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.

34. Erosion Control: That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modification of the plan if necessary, shall 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.

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

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

37. Construction Sign Required: That the applicant shall post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit. The construction sign may have a maximum of 32 square feet of display area and may not exceed 8 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.

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

39. 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 The Franklin Hotel.

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE FRANKLIN HOTEL

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

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

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

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for a Special Use Permit for The Franklin Hotel.

A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT APPLICATION FOR THE FRANKLIN HOTEL (2001-10-17/R-2)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, having considered the evidence submitted in the Public Hearing thus far pertaining to the application for Special Use Permit for the Franklin Hotel, 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:

[1] According to the Town Design Manual, Class I bicycle spaces are defined as individually locked enclosures or supervised areas inside buildings providing bicycles protection from theft, vandalism, and weather; Class II bicycle spaces are defined as a stationary rack to which a bicycle can be secured with a U-lock or cable lock.