The Franklin Hotel – Application for Special Use Permit

Tonight the Council continues the Public Hearing from October 17, 2001, regarding the Special Use Permit application to authorize construction of a 5-story, 51,100 square foot hotel with 66 lodging units. Adoption of Resolution A, B, or C would approve a Special Use Permit application with conditions. Adoption of Resolution D would deny the request.

On October 17, 2001, a Public Hearing was held for consideration of a Special Use Permit application to authorize construction of a 5-story, 51,100 square foot hotel with 66 lodging units. The site is located at 311 West Franklin Street, at the intersection of Kenan Street across from Ham’s Restaurant. We note that on October 17, the Council determined that contiguous property would be defined as those properties that are within 500 feet this site.

This is an application for a Special Use Permit. The Development Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it regarding its compliance with the standards and regulations of the Development Ordinance; we have presented a report to the Planning Board; and on October 17 we submitted our report and recommendation to the Council.

The standard for review and approval of a Special Use Permit application involves consideration of four findings of fact that the Council must consider for granting a Special Use Permit. Based on the evidence that is accumulated during the Public Hearing, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit.

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

Tonight, based on the evidence presently in the record thus far, we provide attachments containing the lengthy evidence in support and opposition of the four findings of facts for this application that the Council must consider for granting a Special Use Permit.

Evidence in support:The applicant’s Statement of Justification (Attachment #9, pp. 30-41) provides evidence in supportof Finding #1. We note the following key points from the applicant’s Statement of Justification:

· “This proposed hotel project has been designed and planned in accordance with existing use regulations and in accord with the comprehensive plan vision for mixed uses within the town center district.” [Applicant Statement]

· “The impacts of this proposed project have been studied and projections made to incorporate anticipated traffic sources on the street system. Please refer to the traffic impact statement included as part of this Special Use Request for a detailed analysis of traffic conditions.” [Applicant Statement]

· “Services and utilities are available at this site. See the accompanying utility plan. Refuse collection will be private. The principal structural components will be non-combustible, as will exterior veneer materials.” [Applicant Statement]

Evidence in opposition: Evidence in opposition of Finding #1 for this application was offered by a citizen is provided as an attachment to this memorandum (Attachment #8). Some of the statements may refer to multiple findings of fact, although only Finding #1 is specified. We note these points here in their entirety:

· “The hotel in the proposed form even with the stipulations made by town staff cannot meet this finding (Finding #1).” [Citizen Statement]

· “General welfare is the point where the hotel falls shortest by a long shot. The general welfare of the citizens of Chapel Hill will be negatively impacted in a significant way with the introduction of the hotel. The hotel has no public spaces, restaurants, bars, or even much meeting space. It has nothing to offer the average citizen of Chapel Hill. The construction of this hotel will forever preclude the use of that space as a community grocery store, green space, or other retail, office, or restaurant establishment that could bring significant community enrichment to the town.” [Citizen Statement]

· “Pages 9, 10, and part of 11 outline what is said to be arguments for the hotel taken from the Small Area Plan and the Comprehensive Plan. Upon further review, many of those statements are actually arguments against allowing the hotel to go forward as planned.” [Citizen Statement]

· “2^nd bullet page 10 “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). The plan for the hotel does not position it as a pedestrian-oriented focal point. It is built around a two level parking garage with only seven bicycle spaces. It also will not be a focal point for the community’s commercial or retail needs. This is because it will not have any space for the community or anyone who is not a paying guest. No community space, no green space, no reason for anyone in Chapel Hill to ever go there.” [Citizen Statement]

· “3^rd bullet page 10 “Maintain existing, and encourage new, “magnets” to attract people to downtown.” (downtown small area plan Town character / land use section). Citing this as a statement as support is misleading because the Goal listed for this section of the Small Area Plan states “maintain and enhance the existing downtown as the SOCIAL, CULTURAL and SPIRITUAL center of Chapel Hill.” How is a five-floor hotel with no public space going to support any part of that goal?” [Citizen Statement]

· “6^th bullet page 10 talks about the guiding principles above all others when doing development in the downtown. (small area development plan vision statement) Preservation and extension of the people / pedestrian character along with fostering programs and policies which would tend to intensify social and cultural activity that defines this character. It goes on to state, “NO action, aggressive or modest, in the implementation of this plan would be judged appropriate which did not work to serve this fundamental goal” How can this be cited as an argument for the hotel? I just do not understand it. What we have is an aggressive action (in the form one of the tallest commercial building in town), which serves no one in town, creates yet undisclosed amounts of low wage part time jobs, has no community space, has no way to “intensify social and cultural activity” and can only exist with a two level parking garage to serve the needs of its commuters or out of town guests.” [Citizen Statement]

· “8^th bullet page 10-11 talks about underutilized land on West Rosemary Street and doesn’t even mention Franklin Street.” [Citizen Statement]

· “1^st bullet point page 11 states hotels are allowed in the TC-2 zone but the point needs to be explored beyond that. Not just any old hotel is allowed in the TC-2 zone. Development in the TC-2 zone must meet certain qualifications according to the development ordinance. TC-2 development is: “intended to provide for the commercial, service, and social center of Chapel Hill, while maintaining its character, its pedestrian oriented scale, and its nature as a concentration of business, administrative, financial, governmental, and support functions serving the community.” The hotel as defined by the proposal before council does not meet that definition.” [Citizen Statement]

· “After reviewing the development ordinance, the small area plan and the proposal, I believe an incorrect conclusion was drawn on page twelve of the memorandum stating, On balance, we believe that the proposed hotel could be found to support the goals, objectives and strategies etc…” [Citizen Statement]

· “That leaves me with a final observation. If this hotel is not going to meet any needs of the citizens of Chapel Hill, will have no community or green space, will encourage increased use of automobiles, will create an undisclosed number of low wage jobs, and doesn’t meet the definition of development within the TC-2 zone, why are we considering it? This will be one of the tallest commercial building on Franklin Street and will stand about twice as tall as all buildings close to it. Before you decide how you want to vote, please take the time to stand across the street and envision its size in comparison to its surroundings, think of it serving no one in town, then envision explaining why you allowed this plan to go forward.” [Citizen Statement]

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

Evidence in support:The applicant’s Statement of Justification (part of Attachment #9, pp. 30-41) provides evidence in supportof Finding #2. We note the following key points from the applicant’s Statement of Justification:

· “This proposed project complies with the Chapel Hill Zoning Ordinance with regard to Use Regulations, Article 4; Intensity Regulations, Article 5; Design Standards, Article 6.” [Applicant Statement]

· “The principal uses of this structure will be a hotel, use group B, which is a permitted use in this TC-2 zone.” [Applicant Statement]

· “Compliance with Article 5 is evidenced through information contained on the Project Fact Sheet submitted in support of this request and information contained on the scale drawings.” [Applicant Statement]

Evidence in opposition: Evidence in opposition of Finding #2 for this application may be found in some of the evidence in opposition offered by a citizen under Finding #1 and in an attachment to this memorandum (Attachment #8, and quoted above). Some of the evidence offered may be applied to multiple findings of fact.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

Evidence in support:The applicant’s Statement of Justification (part of Attachment #9, pp. 30-41) provides evidence in supportof Finding #3. We note the following key points from the applicant’s Statement of Justification:

· “This proposed hotel represents the development of a currently vacant piece of land on West Franklin Street in the town center district. This portion of the TC-2 zone contains other such varied uses such as restaurants, offices and stores. Its closest neighboring properties include such uses as a private bar/restaurant, a surface parking lot, another restaurant and a massage parlor. The more general area contains University Square, the Michael Jordan restaurant building, the recently renovated FGI building and the CMS building. This request is consistent with current development trends in its immediate neighborhood. Designed to be within all of the developmental constraints of applicable portions of the town’s current ordinance, this proposed hotel structure represents the improvement of a vacant piece of property in a vital section of the town. This project will only enhance the value of contiguous property.” [Applicant Statement]

Evidence in opposition: Evidence in opposition of Finding #3 for this application may be found in some of the evidence in opposition offered by a citizen under Finding #1 and in an attachment to this memorandum (Attachment #8, and quoted above). Some of the evidence offered may be applied to multiple findings of fact.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

Evidence in support:The applicant’s Statement of Justification (part of Attachment #9, pp. 30-41) and interpretations of excerpts from the Comprehensive Plan and Downtown Small Area Plan (Attachment #9, pp. 42-57) provide evidence in supportof Finding #1. We note the following key points:

· “The Chapel Hill Development Ordinance was written to achieve the goals and objectives of the Comprehensive Plan. This proposed development complies with the development ordinance and conforms with the Comprehensive Plan.” [Applicant Statement]

Evidence in opposition: Evidence in opposition of Finding #4 for this application may be found in some of the evidence in opposition offered by a citizen under Finding #1 and in an attachment to this memorandum (Attachment #8, and quoted above). Some of the evidence offered may be applied to multiple findings of fact.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

The applicant raised questions during the October 17 Public Hearing related to the recommended stormwater best management practices, re-use of stormwater runoff, and the recommended requirement for a Franklin Street crosswalk. A citizen raised points related to the findings the Council is required to make, the Downtown Small Area Plan, and the Comprehensive Plan. We have provided a list of individual questions/issues raised during the Hearing, followed by responses from the applicant and/or Town staff, as an attachment to this memorandum (Attachment #1).

Recommendations

Recommendations are summarized below. Please see the attached summaries of board actions and recommendations.

We note that the Planning Board, Bicycle and Pedestrian Advisory Board, and Community Design Commission recommendations all agreed with the Town Manager’s preliminary recommendation as presented on October 17. However, the Manager’s revised recommendation, Resolution A has been changed to include additional stipulations based on new information. Therefore, Resolution B provides the recommendation of the Planning Board, Bicycle and Pedestrian Advisory Board, and Community Design Commission. Resolution A now contains additional stipulations described below under “Manager’s Revised Recommendation.”

Planning Board Recommendation: The Planning Board reviewed this application on October 2, 2001 and voted 8-1 to recommend that the Council approve this application with the adoption of Resolution B. The Summary of Planning Board Action is part of Attachment 9.

Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on October 23, 2001 and voted 6-0 to recommend that the Council approve this application with the adoption of Resolution B. The Summary of Bicycle and Pedestrian Advisory Board Action is in Attachment 6.

Community Design Commission Recommendation: The Community Design Commission reviewed this application on October 23, 2001 and voted 10-0 to recommend that the Council approve this application with the adoption of Resolution B. The Summary of Community Design Commission Action is in Attachment 7.

Transportation Board Recommendation: The Transportation Board reviewed this application on October 2, 2001 and voted 6-2 to recommend that the Council approve this application with the adoption of Resolution C, with the condition that the applicant should have the option to propose fewer than 66 parking spaces, if desired. The Summary of Transportation Board Action is part of Attachment 9.

Staff Comment: Regarding the Transportation Board recommended conditions, we have the following comments: 1) A stipulation for a Transportation Management Plan has been included in Resolutions A & C. 2) The Town Center parking regulations require a minimum of 66 parking spaces for the proposed hotel and offer the option of providing fewer parking spaces with the provision of a Transportation Management Plan or through a payment-in-lieu of providing on-site spaces.

Manager’s Revised Recommendation: Based on our evaluation of the application, our recommendation is that, with the stipulations in Resolution A, the application complies with the standards and regulations of the Development Ordinance. Accordingly, we recommend that the application be approved with the adoption of Resolution A, the Manager’s revised recommendation

Based on discussion and evidence presented at the October 17 Public Hearing and recommendations from Advisory Boards the Manager’s recommended Resolution of approval (Resolution A), has been revised to include the following additional stipulations:

· That the applicant shall install a striped, signalized pedestrian crosswalk, with countdown heads, on West Franklin Street approximately midway between Kenan and Roberson Streets. The property owner shall design a signalized crosswalk and obtain approval by the North Carolina Department of Transportation prior to the issuance of a Zoning Compliance Permit or provide a payment-in-lieu of $35,000. The payment-in-lieu will be refunded 5 years after the issuance of the Special Use Permit, at the applicant’s request, if NCDOT approval is not obtained. The design and location of the crosswalk shall be approved by the Town Manager (Stipulation #3).

· That the applicant be required to provide a stormwater management device to treat stormwater runoff, such as a “separator” or other Best Management Practice selected from the North Carolina Division of Water Quality (NCDWQ) Stormwater BMP Manual, to be approved by the Town Manager (Stipulation #29).

· That the applicant be required to investigate the feasibility of a cistern, or comparable system, for the re-use of stormwater runoff (for toilets and irrigation). That a stormwater re-use system be implemented, if feasible, subject to approval by the Town Manager (Stipulation #30).

· That a Transportation Management Plan be required (Stipulation #32) for this development.

We recommend that the Council adopt Resolution A, approving the application with conditions. Resolution A has been revised to include a time limit for the applicant to negotiate with the North Carolina Department of Transportation and the Town of Chapel Hill to reach an agreement regarding crosswalk installation on West Franklin Street.

Resolution B would approve the application as recommended by the Planning Board, Community Design Commission, and Bicycle and Pedestrian Advisory Board.

Resolution C would approve the application as recommended by the Transportation Board.

DIFFERENCES AMONG RESOLUTIONS

ISSUE	Resolution A Manager’s Revised Recommendation	Resolution B Planning Board, Community Design Commission, and Bicycle and Pedestrian Advisory Board	Resolution C Transportation Board Recommendation
Specify 5-yr. time limit for NCDOT** approval (with payment-in-lieu) of W. Franklin St. signalized crosswalk	Yes	*	*
Require BMP*** such as “separator” for treatment of stormwater runoff	Yes	*	*
Require Investigation and Implementation of stormwater re-use system	Yes	*	*
Require Transportation Management Plan	Yes	*	Yes
Allow option to provide fewer than required minimum # of parking spaces	No	*	Yes

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

Attachments

1. The applicant raised concerns that retaining stormwater runoff in a “Best Management Practice facility for water quality enhancement, such as a physical treatment system with a sand or gravel matrix, or alternative system,” as required in Stipulation #28 of Resolution A, could be problematic. The applicant said that to retain the first inch of runoff would require building a detention volume of approximately 1,500 cubic feet (3 x 5 x 100 feet).

Staff Comment: A number of Best Management Practices (BMP’s) are suitable mechanisms for water quality treatment for particular developments as long as they are selected from an approved menu of choices, such as the North Carolina Division of Water Quality Stormwater Best Management Practices Manual. We therefore believe that an approved Best Management Practice, such as a "separator", could be effective as a physical treatment system for stormwater quality on this site. We have revised Stipulation #29 of Resolution A to reflect these options:

“Stormwater Best Management Practices: That the applicant shall provide a Best Management Practice to treat stormwater runoff, such as a “separator” or an equally effective Best Management Practice selected from the most recent edition of the North Carolina Division of Water Quality (NCDWQ) Stormwater Best Management Practices Manual, to be approved by the Town Manager.”

2. The applicant’s representative raised concerns that it would be difficult to obtain approval from the North Carolina Department of Transportation for the signalized cross-walk required on West Franklin Street by Stipulation #3, even though he thinks it would be a valuable improvement. He said that the North Carolina Department of Transportation has strict requirements for showing that sufficient pedestrian traffic exists to approve crosswalks across State roads.

Staff Comment: We believe that a striped, signalized pedestrian crosswalk is needed on West Franklin Street approximately midway between Kenan and Roberson Streets. We have suggested that this requirement be subject to approval by the North Carolina Department of Transportation and the Town of Chapel Hill. We expect a good faith effort to obtain such approval and the Town Manager is willing to participate in negotiations with the North Carolina Department of Transportation. We recommend that the applicant design a crosswalk and obtain approval by the North Carolina Department of Transportation prior to the issuance of a Zoning Compliance Permit or provide a payment-in-lieu of $35,000. The payment-in-lieu would be refunded 5 years after the issuance of the Special Use Permit, at the request of the applicant, if NCDOT approval were not obtained. We have revised Resolution A to reflect these options as noted here:

“West Franklin Street Crosswalks: That the applicant shall install a striped, signalized pedestrian crosswalk, with countdown heads, on West Franklin Street approximately midway between Kenan and Roberson Streets. The property owner shall design a signalized crosswalk and obtain approval by the North Carolina Department of Transportation prior to the issuance of a Zoning Compliance Permit or provide a payment-in-lieu of $35,000. The payment-in-lieu will be refunded 5 years after the issuance of the Special Use Permit, at the applicant’s request, if NCDOT approval is not obtained.”

3. A citizen speaking against approval of the application said he felt that the proposal would not support the following findings, goals, objectives and strategies from the Development Ordinance, Downtown Small Area Plan and the Comprehensive Plan (see Attachment #8, for details):

D. preserve and extend the pedestrian character in downtown, fostering programs and policies that define that character; and,

Staff Comment: Evidence in support and opposition of each of the above findings, goals, objectives and strategies (A-E) from the Development Ordinance, Downtown Small Area Plan and the Comprehensive Plan has been submitted by the applicant and a citizen as attachments to this memorandum. Evidence in support is provided in by the applicant is included as part of the October 17, 2001 Public Hearing memorandum (Attachment #9, pp. 30-57). Evidence in opposition has been provided by a citizen and is included as an attachment to this memorandum (Attachment #8).

4. A Council member inquired if the applicant could re-use stormwater run-off prior to discharge. The Council member suggested that the stormwater could be used for flushing toilets or irrigation of landscaping.

Staff Comment: We believe that it may be challenging to implement a cistern system on this site. This technique has been used once to date in Chapel Hill at the Smith Middle School. We believe that the system that was installed there will be successful in re-using rainwater for toilets and irrigation. However, we do not yet have an evaluation of that system’s functionality. This downtown site has constraints that the school site does not have: the site is small, and opportunities for siting a cistern are limited. We intend to explore this idea with the applicant during final plan review and have included a stipulation requiring this investigation.

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE FRANKLIN HOTEL (2001-11-12/R-14a)

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 November 12, 2003 (two years from the date of Council approval) and be completed by November 12, 2004 (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. West Franklin Street Crosswalks: That the applicant shall install a striped, signalized pedestrian crosswalk, with countdown heads, on West Franklin Street approximately midway between Kenan and Roberson Streets. The property owner shall design a signalized crosswalk and obtain approval by the North Carolina Department of Transportation prior to the issuance of a Zoning Compliance Permit or provide a payment-in-lieu of $35,000. The payment-in-lieu will be refunded 5 years after the issuance of the Special Use Permit, at the applicant’s request, if NCDOT approval is not obtained.

4. This stipulation shall be void if approval cannot be obtained within 4 years of the date of Council approval of this Special Use Permit.

5. 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.

6. 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.

7. 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.

8. 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.

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

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

11. 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.

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

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

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

19. 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.

20. 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.

21. 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.

22. 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.

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

24. 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.

25. 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.

26. 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

27. 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.

28. 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.

29. Stormwater Best Management Practices: That the applicant shall provide a Best Management Practice (BMP) to treat stormwater runoff, such as a “separator” or an equally effective BMP selected from the most recent edition of the North Carolina Division of Water Quality (NCDWQ) Stormwater BMP Manual, to be approved by the Town Manager.

30. Stormwater Re-use: That the applicant shall investigate the feasibility of a cistern, or comparable Best Management Practice (BMP) system, for the re-use of stormwater runoff (for toilets and irrigation). That a stormwater re-use system design be implemented, if feasible, subject to approval by the Town Manager.

31. 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 APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE FRANKLIN HOTEL (2001-11-12/R-14b)

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

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

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

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

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for the Franklin Hotel in accordance with the plans listed above and with the conditions listed below:

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

2. Franklin Street Signalized Crosswalk: That Stipulation #3 from Resolution A should be revised to allow unlimited time to negotiate with North Carolina Department of Transportation and not require a payment-in-lieu for crosswalk approval. Resolution A shall be revised as follows:

3. Stormwater Best Management Practices: That Stipulation #29 from Resolution A should be revised to require a physical treatment system with a sand or gravel matrix, or alternative system for stormwater quality treatment. Resolution A shall be revised as follows:

a. 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.

4. Remove Stipulation #30 from Resolution A requiring a stormwater re-use system.

5. Remove Stipulation #32 from Resolution A requiring a Transportation Management Plan.

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 APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE FRANKLIN HOTEL (2001-11-12/R-14c)

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

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

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

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

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

2. 00Franklin Street Signalized Crosswalk: That Stipulation #3 from Resolution A should be revised to allow unlimited time to negotiate with North Carolina Department of Transportation and not require a payment-in-lieu for crosswalk approval. Resolution A shall be revised as follows:

3. Parking Spaces: That Stipulation #8 from Resolution A should be revised to allow the applicant to provide fewer that the 66 parking spaces required by the Development Ordinance. Resolution A shall be revised as follows:

4. Stormwater Best Management Practices: That Stipulation #29 from Resolution A should be revised to require a physical treatment system with a sand or gravel matrix, or alternative system for stormwater quality treatment. Resolution A shall be revised as follows:

3. Remove Stipulation #30 from Resolution A requiring a stormwater re-use system.

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 (2001-11-12/R-14d)

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.