AGENDA #11

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Wachovia Bank at Meadowmont – Application for Special Use Permit Modification

DATE: November 26, 2001

INTRODUCTION

Tonight the Council continues the Public Hearing from November 19, 2001 regarding the Special Use Permit Modification application to construct a bank on a 1.6-acre site at the northeast corner of NC Highway 54 and East Barbee Chapel Road in the Meadowmont Development. Adoption of Resolutions A, B, C, D, and E would approve the Special Use Permit Modification application. Adoption of Resolution F would deny the request.

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

¨ Cover Memorandum: Provides background on the development proposal and the Town’s review process, and offers recommendations for Council action.

¨ Attachments: Includes resolutions of approval and denial, comments on issues raised during the November 19, 2001 Public Hearing, and a copy of the Public Hearing memorandum and its related attachments.

Background

This application proposes a modification of the Council’s February 2001 approval of a Special Use Permit for a bank. The key changes proposed by the applicant are (1) that the allowable number of parking spaces be increased from 14 to 25 spaces and (2) a contribution of $25,000 to the Orange Community Housing and Land Trust.

On November 19, 2001, a Public Hearing was held for consideration of a Special Use Permit Modification application to authorize construction for a bank on a 1.6-acre tract in the Meadowmont development at the northeast corner of Highway NC 54 and East Barbee Chapel Road. Questions regarding the application were raised during the Public Hearing, and the Hearing is being reopened tonight to receive applicant and staff responses to these questions. We note that, on November 19, the Council determined that contiguous property would be defined as those properties adjacent to this site.

This is an application for a Special Use Permit Modification. The Development Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit Modification application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it regarding its compliance with the standards and regulations of the Town’s Development Ordinance; we have presented a report to the Planning Board; and on November 19^th we submitted our report and recommendation to the Council.

EVALUATION OF THE APPLICATION

The standard for review and approval of a Special Use Permit Modification application involves consideration of four findings of fact that the Council must consider for granting a Special Use Permit Modification. However, in the case where a Special Use Permit Modification is requested for a parcel of land covered by an approved and valid Master Land Use Plan, and the proposed development is consistent with the Master Land Use Plan, then a rebuttable presumption shall be established that the Council can make three of the four findings of fact (findings a), c) and d) as defined in Section 18.3) required for a Special Use Permit Modification.

Evidence was presented on November 19^th and additional evidence may be presented tonight. If, after consideration of the evidence, the Council decides that it can make the necessary findings, the Development Ordinance directs that the Special Use Permit Modification shall then be approved. If the Council decides that the evidence does not support making the findings, then the application cannot be approved and accordingly should be denied by the Council.

Master Plan Finding: That the use or development is in accordance with the approved Meadowmont Master Land Use Plan.

We believe the evidence in the record to date can be summarized as follows:

Evidence in support: The Meadowmont Master Land Use Plan indicated a 27,500 square foot office/commercial development at this location. The approved Master Land Use Plan also included a public street between East Barbee Chapel Road and the Lloyd property along the northern edge of this site. Proposed access to the site, as shown on the approved Master Land Use Plan, was from this public street. The submitted plan differs from the approved Master Land Use Plan in several respects. Two differences, the public street connection to the Lloyd property and the proposed land use, are discussed below.

Regarding the public street connection to the Lloyd property, the Council’s approval of the Infrastructure Special Use Permit included relocation of the proposed public street, between East Barbee Chapel Road and the Lloyd property, further north and away from this site. This change requires the applicant to access the development from East Barbee Chapel Road.

A second difference between the 1995 Master Plan and this Special Use Permit Modification application relates to allowable uses and floor area on the site. The Town Council discussed restricted uses and limited floor area for this site during consideration of the Meadowmont Infrastructure Special Use Permit application. The Meadowmont developer, during the Infrastructure Special Use Permit Hearing, agreed to reduce the floor area on this site (originally shown on the Master Plan as 27,000 square feet) by 19,000 square feet. The developer also agreed to restrict the use of the site to a 4,000 square foot bank with a drive-through and 4,000 square feet of office space. This action was undertaken by the developer in an effort to reduce overall trip generation from Meadowmont by approximately 25%. As described above, this proposal now includes a bank with a total of 4,150 square feet.

Please see the attached letter from the applicant describing similarities and differences between the Master Plan and this development application.

We believe the proposal is generally consistent with the Master Plan and a rebuttable presumption can be shall be established by the Council for three of the four findings of fact (findings a), c) and d) as defined in Section 18.3) required for a Special Use Permit Modification.

Development Ordinance Finding: That the use or development complies with all required regulations and standards of this chapter, including all applicable provisions of Articles 12, 13, and 14 and with all other applicable regulations.

We believe the evidence in the record to date can be summarized as follows:

Evidence in support: Evidence in support of this finding for the application has been provided by the applicant’s Statement of Justification (provided as an attachment to the November 19^th Public Hearing memorandum). We note the following key point raised by the applicant.

Ø This proposed project complies with the Chapel Hill Development Ordinance with regard to Use Regulations, Article 4; Intensity Regulations, Article 5: Design Standards, Article 6 as well as the approved Meadowmont Master Land Use Plan and the approved Meadowmont Design Guidelines.

Evidence in opposition: No one who spoke at the Public Hearing offered evidence in opposition.

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

KEY ISSUES

We believe that the key issues brought forth during the November 19 Public Hearing were related to raised internal pedestrian crosswalks, pedestrian automatic teller machines, rearrangement of the parking area, and pedestrian connections to the Cedars Retirement Community. We have provided a list of issues raised during the Hearing, followed by responses from the Town Manager, as an attachment to this memorandum.

Recommendations

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

Planning Board Recommendation: The Planning Board reviewed this application on November 6, 2001, and voted 7-1 to recommend that the Council approve this application for a Special Use Permit Modification with the adoption of Resolution B. Please see the attached Summary of Planning Board Action.

Resolutions B and C include the following two recommended conditions of the Planning Board:

· That the two parking bays consisting of seven compact spaces be combined into a single bay of six spaces and be shifted to the east, such that the westernmost space does not back into the drive aisle that accesses the bank’s front entrance for a total of 24 parking spaces.

Staff Comment: Our analysis indicates that a reduction in the proposed parking (25 spaces) may be appropriate. We continue to recommend 14 parking spaces in Resolution A, based on the Council’s policy regarding parking in new developments shall not exceed the minimum number of required spaces plus 10%. We note that the applicant has previously submitted supporting documentation to justify the need for additional parking on this site; and, that this information is included in the attached Planning Staff Report. The Council has the ability to modify this policy and choose to adjust the total parking spaces based on what the Council feels is appropriate.

· That the pedestrian/bicycle path from this site to The Cedars Retirement Community be deleted from the plans.

Staff Comment: We continue to recommend, with the adoption of Resolution A, that the pedestrian/bicycle path to The Cedars be provided as indicated on the applicant’s plan and required with the February, 2001 Special Use Permit approval. We believe a pedestrian connection at this location would be appropriate given the nature of the Meadowmont Development as a walkable, mixed use development.

Resolutions A, B, and C include the following recommendation of the Planning Board:

· That additional landscaping be required along the northern border of the site.

Staff Comment: The northern border of the site abuts The Cedars Retirement Community. According to the Meadowmont Master Plan, landscape buffers are not required to separate the bank development from The Cedars. Accordingly, this application did not provide a landscape buffer along the northern property line. However, we continue to believe it would appropriate and keeping with good site design for the applicant to provided a 20 foot wide Type “C” landscape bufferyard between the proposed bank and the adjacent development along the entire northern property line. Resolutions A, B, and C include a stipulation to this affect.

Transportation Board Recommendation: The Transportation Board reviewed this application on November 20, 2001, and voted 3-2 to recommend that the Council approve the application with the adoption of Resolution E. Please see the attached Summary of Transportation Board Action.

Resolution E includes the following two recommendations of the Transportation Board:

· That a walk-up Automatic Teller Machine be provided on the property, in addition to the drive-up Automatic Teller Machine, in order to promote pedestrian safety.

Staff Comment: We note that during the Special Use Permit Public Hearing in January, the applicant stated a desire to not install a pedestrian accessible automatic teller machine (ATM). We note the proposal includes an ATM; however it is designed for automobile drive-through and may not be entirely appropriate for pedestrian walk-ups.

In making our recommendation, we have relied on the applicant’s experience with banking facilities for decisions about how to provide banking services. Additionally, we do not believe it is within the Council’s regulatory ability to require the installation of a second automatic teller machine for pedestrian traffic. Resolution A does not include a stipulation requiring a pedestrian accessible automatic teller machine.

· That all internal crosswalks shown on the site plan shall be raised in order to slow vehicle speed.

Staff Comment: We believe the striped crosswalks, as proposed by the applicant will adequately accommodate the movement of bicyclists/pedestrian traffic inside the proposed development. We note that in response to this same concern raised at the January Public Hearing on the original Special Use Permit application, conditions were included in the February 2001 approval to require that the applicant install a stop sign at the end of the drive-through lane and to include pedestrian crossing signs at both internal crosswalks. Resolution A continues to include these conditions.

Community Design Commission: The Commission reviewed this application on October 24, 2001, and voted 10-0 to recommend approval of the Special Use Permit Modification application with the adoption of Resolution C. The Summary of the Community Design Commission Action is attached.

Resolutions A, B, and C include the following recommendation of the Community Design Commission:

· That additional landscaping be required along the northern border of the site.

Resolutions B and C include the following two recommendations of the Community Design Commission:

· That the pedestrian/bicycle path from this site to The Cedars Retirement Community be deleted from the plans.

Resolution C includes the following recommendation of the Community Design Commission:

· That the intersection of the center drive aisle (along the bank’s front entrance) and the drive-through, be revamped to eliminate the possibility of departing drive-through traffic turning left into the center drive aisle (thus forcing drive-through traffic to depart the site by going through the easternmost drive aisle).

Staff Comment: We have not included this recommendation in Resolution A, the Manager’s Preliminary Recommendation. We do not believe it is necessary to make parking lot revisions to adjust drive-through vehicular movements departing the site. We note that we have included stipulations in all resolutions of approval requiring the applicant to install a stop sign at the end of the drive-through lane and to include pedestrian crossing signs at both internal crosswalks.

Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on November 13, 2001, and voted 7-0 to recommend approval of the Special Use Permit Modification application with adoption of Resolution D. Please see the attached Summary of Bicycle and Pedestrian Board Action.

Resolution D includes the following three recommendations of the Bicycle and Pedestrian Advisory Board:

· That a walk-up Automatic Teller Machine be provided on the property, in addition to the drive-up Automatic Teller Machine, in order to promote pedestrian safety.

· That the pedestrian/bicycle path from this site to The Cedars Retirement Community be deleted from the plans.

· That all internal crosswalks shown on the site plan shall be raised in order to slow vehicle speed.

Manager’s 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, and is consistent with the approved Master Land Use Plan. Accordingly, we recommend that the application be approved with the adoption of Resolution A. Resolution A specifies a maximum of 14 parking spaces. Resolution A has not been changed since the November 19^th Public Hearing. We note that a key issue from the Public Hearing involved a raised internal crosswalk. As discussed in Appendix 1, although the stipulation is not included in Resolution A, Appendix 1 offers language that could be inserted. Another key issue from the Hearing involved a pedestrian accessible Automatic Teller Machine at the bank. Although a stipulation requiring a walk-up Automatic Teller Machine is not included in Resolution A, Appendix 1 offers language that could be inserted in the resolution.

Resolution B would approve the application based on the recommendations of the Planning Board.

Resolution C would approve the application based on the recommendations of the Community Design Commission.

Resolution D would approve the application based on the recommendations of the Bicycle and Pedestrian Advisory Board.

Resolution E would approve the application based on the recommendations of the Transportation Board.

Resolution F would deny the application.

WACHOVIA AT MEADOWMONT SPECIAL USE PERMIT MODIFICATION

DIFFERENCES AMONG RESOLUTIONS

ISSUE

Resolution A

Manager’s Recommendation

Resolution B

Planning Board Recommendation

Resolution C

Community Design Commission Recommendation

Resolution D

Bicycle and

Pedestrian

Advisory Board

Recommendation

Resolution E

Transportation Board Recommendation

Maximum Number

of parking spaces

14 Spaces

24 Spaces

with redesign

at northern property line

24 Spaces

with redesign

at northern property line

14 Spaces

Provide pedestrian connection to The Cedars

Yes

Raised internal crosswalks

No, stop signs and pedestrian crossing signs only

Yes

Require additional landscaping along north property line

Yes

Parking lot revision to adjust drive-through movement departing the site

Yes

Require pedestrian accessible automatic teller machine

Yes

*Issue was not discussed at this particular advisory board’s meeting.

ATTACHMENTS

1. Issues Raised during the November 19, 2001 Public Hearing (p. 9).

2. Resolution A – Approving the Application (p. 11).

3. Resolution B – Approving the Application (p. 19).

4. Resolution C – Approving the Application (p. 20).

5. Resolution D – Approving the Application (p. 22).

6. Resolution E – Approving the Application (p. 23).

7. Resolution F – Denying the Application (p. 24).

8. Summary of Transportation Board Action (p. 25).

9. November 19, 2001 Public Hearing Memorandum and Related Attachments (begin new page 1)

ATTACHMENT 1

WACHOVIA BANK AT MEADOWMONT

Issues Raised at the November 19, 2001 Public Hearing

We believe there were four key issues raised at the November 19 Public Hearing.

1. RAISED INTERNAL PARKING CROSSWALKS

A Council member expressed support for the idea that the internal crosswalk across the teller drive-through lane be raised, to alert drivers to pedestrian movements.

Staff Comment: We believe the striped crosswalk, as proposed by the applicant, will adequately accommodate the movement of pedestrian/bicyclist traffic inside the proposed development. However, the Council could include a stipulation in its adopted Resolution requiring that the internal crosswalk be raised. We offer the following language for consideration:

Internal Crosswalk: That the internal crosswalk which crosses the drive-through lane shall be raised to slow vehicle traffic.

2. PEDESTRIAN ACCESSIBLE AUTOMATIC TELLER MACHINE

A Council member asked if the applicant would install a pedestrian accessible automatic teller machine in addition to the ATM proposed for the drive-through lanes.

Staff Comment: We note that during the Public Hearing the applicant stated a desire to not install a pedestrian accessible automatic teller machine (ATM). A key concern noted was the increased security in a remote location provided by drive-up machine compared to walk-up machine. The applicant also stated the desire to install pedestrian accessible automatic teller machines in areas of Meadowmont designed for pedestrians, such as the Village Center. We have not recommended requiring a walk-up ATM. However, the Council could include a stipulation in its adopted Resolution requiring inclusion of a pedestrian accessible automatic teller machine. We offer the following language for consideration:

Pedestrian Accessible Automatic Teller Machine: That the design of the bank include a pedestrian accessible automatic teller machine.

3. PEDESTRIAN CONNECTIONS TO THE CEDARS RETIREMENT COMMUNITY

A citizen voiced concern over the pedestrian connection to the Cedars Retirement Community. The citizen expressed concern that the connection would encourage bank customers to park in the Cedars while conducting bank business.

Staff Comment: We continue to recommend the pedestrian connection to the Cedars Retirement Community and have included a stipulation in Resolution A requiring the connection. We note that Resolution A includes a stipulation which would require the bank to install signage informing bank customers that parking in the Cedars Retirement Community is prohibited while conducting bank business. If the Council desires, it could decide to delete the recommended stipulation requiring the connection.

4. PARKING SPACES

A citizen asked the Council to consider realigning the parking area on the northern edge of the parking lot. The citizen requested the two separate parking bays be combined into one bay and the parking bay be moved to the east.

Staff Comment: We continue to recommend a total of 14 parking spaces for this development. We note that the Council has stated its expectation that parking in new developments not exceed 110% of the minimum parking spaces requirement provided in the Development Ordinance. In this case, calculating parking based on a 110% ceiling would limit parking for this development to 14 spaces. However, the Council has the ability to modify this policy and choose to adjust the total parking spaces based on what the Council feels is appropriate.

We note that both Resolutions B and C, from the Planning Board and the Community Design Commission, include a stipulation that would require realignment of the parking spaces along the northern property line with a maximum of 24 parking spaces.

ATTACHMENT 2

RESOLUTION A

(Manager’s Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (2001-11-26/R-18a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by the Wachovia Bank, on property identified as Durham Township Tax Map 479-1-1B, if developed according to the plans dated July 27, 2000 (revised May 31, 2001), the Meadowmont Master Land Use Plan, and the conditions listed below, would:

1. 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, with the modifications listed below; and

2. Be consistent with the Meadowmont Master Land Use Plan that was approved on October 23, 1995.

BE IT FURTHER RESOLVED that these findings are conditioned on the following:

Stipulations Specific to the Development

1. That construction begin by November 26, 2003 (two years from the date of Council approval) and be completed by November 26, 2004 (three years from the date of Council approval).

2. Land Use Intensity: This Special Use Permit authorizes the following:

· 1 building, with a maximum of 4,150 square feet of floor area; and

· A maximum of 14 parking spaces.

3. Land Use: That the use of this development be restricted to a bank with a drive-through facility.

4. Land Use Intensity and Impervious Surface Calculations: That the applicant provide calculations confirming Meadowmont’s overall compliance with Land Use Intensity Ratios and Impervious Surface Limits.

5. Eastern Boundary of the Meadowmont Development: That buildings and parking shall be at least 40 feet from the eastern property line. A 40-foot wide Type C landscape buffer shall be provided along the eastern property line.

6. Heavy Duty Pavement: That a heavy-duty pavement with a 10-inch base course be installed along the refuse/recycling service vehicle routes.

7. Sidewalk Connection to The Cedar Retirement Community: That, sidewalk connection from The Cedars Retirement Community shall be located in line with the walkway along the eastern edge of the bank. The final location shall be reviewed and approved by the Town Manager.

8. Stop Sign and Pedestrian Crossing Signs: That a stop sign shall be installed at the end of the drive-through lane. Pedestrian crossing signs shall be installed at both internal crosswalks.

9. No Parking Signs: That signage shall be installed informing bank customers that parking in The Cedars Retirement Community is prohibited while conducting bank business.

10. Bike Racks: That the bicycle parking area for this development shall comply with the Town’s Design Manual.

11. Parking:

A. That no more that 14 parking spaces be provided.

B. Parking Area Screening: That all parking areas be screened from public road view, and that screening plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

C. Parking Lot Design and Construction: That all parking lots shall be designed and constructed to meet Town standards unless an alternate design is approved by the Town Manager.

12. East Barbee Chapel Road Bus Stops: That a segment of the eight foot wide tree lawn between the sidewalk and the street curb, adjacent to the two future East Barbee Chapel Road bus stops, be paved. Final design and dimensions shall be reviewed and approved by the Town Manager.

13. Permanent Retention Basin Installation:

A. That the required off-site stormwater retention pond serving this site be in place prior to the issuance of a Certificate of Occupancy.

B. Compliance with the Town Watershed Protection District regulations shall be demonstrated with the provision of permanent pond. Permanent stormwater retention shall be required in accordance with the requirements of the Development Ordinance.

C. The size, accessibility, location, and design of said pond shall be approved by the Town Manager.

D. The off-site wet retention pond shall meet or exceed the North Carolina Division of Environmental Management requirements and shall be designed so as to be approved by the Division of Environmental Management, the North Carolina Division of Water Quality, the Army Corps of Engineers, and the Town Manager.

E. A performance bond or other surety instrument satisfactory to the Town, shall be posted in an amount approved by the Town Manager, to assure maintenance, repair, or reconstruction necessary for adequate performance of the engineered stormwater controls.

F. The Owners’ or Homeowners’ Association shall be responsible for arranging for annual inspections of said pond by an appropriately certified engineer, to determine whether the pond and associated structures are operating acceptably according to design requirements, and to report findings of said inspections to the Town manger, with such recommendations for maintenance or repair as may be warranted. Any needed repairs shall be completed within 120 days unless otherwise approved by the Town Manager. Restrictive covenants shall be recorded which shall identify these responsibilities of the Owners’ or Homeowners’ Association, including pond maintenance.

G. Maintenance of the pond shall be the responsibility of the applicant or a property/homeowners’ association. A maintenance plan shall be provided for each of the retention ponds, to be approved by the Town Manager. The plans shall address inspection, maintenance intervals, type of equipment required, access to each pond, and related matters.

H. As part of the application for Final Plan Approval, the applicant shall provide an up-to-date cumulative total of impervious surfaces within the sub-basin.

I. The minimum permanent pool depth of the off-site retention pond shall be at least three (3) feet in addition to enough volume to store the accumulated sediment between clean out periods.

J. All sediment deposited in the pond during construction activity on contributing sites must be removed before “normal” pond operation begins.

K. Emergency drains shall be installed in the off-site pond to allow access for repairs and sediment removal as necessary.

L. Anti-seepage collars shall be used on any structures penetrating dams or water retaining embankments.

M. Public storm drainage systems, or other utilities, shall not be located within a pond or dam structure.

N. No ponds shall be created within the perimeter landscape buffer required for Meadowmont development.

O. That the off-site pond be located and designed such that damage to existing large trees can be minimized.

P. That the off-site retention pond and outlets be contained within stormwater drainage easements and that maintenance access with easements be provided prior to issuance of a Certificate of Occupancy.

14. Ownership and Responsibilities of Common Areas:

A. That an owners’ association be created for the maintenance and regulation of the private (residential, office, park, landscape, and commercial) areas including privately maintained streets and alleys. All property owners owning land within the area of the Master Land Use Plan approval, excluding governmental bodies, shall be represented in the owners’ association. This owners’ association shall have maintenance responsibilities for commonly owner development elements, which affect the entire development including the stormwater management facilities.

B. In addition, a separate owners association shall be created for the maintenance and regulation of the residential, office, and commercial areas. The documents creating these entities shall be reviewed for approval by the Town manager, and shall be recorded in the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.

C. The responsibilities of these entities shall include the ownership and maintenance of the private alleys, private green spaces, private parks and recreation space, private retention and detention basins, and the landscape buffers.

D. These entities shall also be responsible for an “add-on fees” charged by Duke Power for special street lighting.

E. These entities shall have the ability to place a lien on property for nonpayment of dues or fees.

Stipulations Related to Landscape Elements

15. Landscape Buffers: The following buffers shall be provided; if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by fencing from adjacent construction:

A. Type “C” landscape buffer (20 feet minimum width) along the northern property line.

B. Type “C” landscape buffer (40 feet minimum width) along the eastern property line. Existing vegetation shall be supplemented with evergreen shrubs and trees as necessary to fulfill landscape buffer planting requirements.

C. Type “D” landscape buffer (50 feet minimum width) along the Highway NC 54 frontage. That planting be provided, and existing vegetation preserved along the Highway frontage in general compliance with the Town’s Master Landscape Plan for Entranceway Corridors along Highway 54. A streetscape plan, demonstrating compliance with the Master Landscape Plan for Entranceway Corridors, shall be submitted for Town Manager review and approval. That the applicant provide additional information as part of the final plan review process including detailed elevations from Highway 54 for consideration by the Community Design Commission.

D. The landscape buffer plan shall be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

16. Landscape Protection Plan:

A. That the removal of the 15-inch oak and 15-inch hickory trees, between East Barbee Chapel Road and the proposed building, shall be reviewed and approved by the Town’s Urban Forester. The Town Manager shall determine if additional grading techniques and or minor site design modifications are necessary if order to preserve one or both trees.

B. That a complete and accurate tree survey of all trees within 100 feet of any proposed off-site grading and be provided with the first submittal of Final Plans. That an accurate tree and vegetation survey of the NC 54 Entrance Corridor be provided with the first submittal of Final Plans

C. That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall include areas of vegetation to be preserved; the anticipated clearing limit lines; proposed grading; proposed utility lines a detail of protective fencing; and construction parking and materials storage/staging areas. The plan shall show the use of tree protection fencing, unless alternate protection measures are approved by the Town Manager, between construction and existing vegetation.

D. That the plan indicates the critical root area (1 foot radius for every inch caliper dbh) for the large trees adjacent to construction areas.

E. No erosion control devices shall be allowed within the designated tree preservation or landscape buffers areas.

17. Landscape Plan: That a detailed landscape plan and landscape maintenance plan be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. Detailed final plans shall include demonstration that parking lot shading and screening requirements will be met.

Stipulations Related to Building Elevations

18. Building Elevations/Site Lighting: That the detailed building elevations and lighting plan be approved by the Community Design Commission prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Water, Sewer, and Other Utilities

19. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth or GTE, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.

20. Placement of Utility Lines Underground: That the final plans indicate that all utility lines shall be placed underground.

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

22. Fire Hydrant Locations: That the fire hydrant connections be installed on the street side of buildings in easily visible and accessible locations to be approved by the Town Manager.

Miscellaneous Stipulations

23. A contribution of $25,000 to the Orange Community Housing and Land Trust shall be made prior to issuance of a Zoning Compliance Permit.

24. Stormwater Management Plan: That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a 25-year storm, the post-development stormwater run-off rate should not exceed the pre-development rate. The plan must show how stormwater detention for this site will be achieved. Design and construction of any stormwater management facility shall be approved by the Town Manager.

25. Stormwater Management Plan Review for The Cedars Retirement Community: That the stormwater management between this development and The Cedars Retirement Community be coordinated during final plan review for the Cedar’s and this development.

26. Off-Site Construction Easements: That all required off-site construction easements shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

27. Bio-Retention: The proposed bio-retention area shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit

A Planting Plan shall be submitted for the bio-retention area and approved by the Town Manager prior to issuance of Zoning Compliance Permit.

28. Transportation Management Plan: That a Transportation Management Plan 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:

A. Provision for designation of a Transportation Coordinator;

B. Provisions for an annual Transportation Survey and Annual Report to the Town Manager;

C. Quantifiable traffic reduction goals and objectives;

D. Ridesharing incentives; and

E. Public transit incentives.

29. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

30. Refuse and Recycling Collection: That the refuse and recycling collection services be private.

31. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

32. Plant Rescue: That the developer consider conducting plant rescue activities on the site prior to initiation of development activity.

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

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.

34. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit.

35. Erosion Control Performance Bond: That a performance guarantee be provided in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.

36. Silt Control: That the applicant 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 post a construction sign that lists the property owner’s representative, with a telephone number, the contractor’s representative, with a phone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.

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 Special Use Permit Modification application for the Wachovia Bank at Meadowmont.

This the 26^th day of November, 2001.

ATTACHMENT 3

RESOLUTION B

(Planning Board Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (SUP 479.1.1) (2001-11-26/R-18b)

2. Be consistent with the Meadowmont Master Land Use Plan that was approved on October 23, 1995.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for Wachovia Bank at Meadowmont 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. Change to Parking Lot Layout at Northern Property Line: That the two parking bays consisting of seven compact spaces be combined into a single bay of six spaces and be shifted to the east, such that the westernmost space does not back into the drive aisle that accesses the bank’s front entrance for a total of 24 parking spaces.

3. Adjusted Stipulations: Change the parking space reference in stipulation #2 (second bullet) to allow a maximum of 24 parking spaces.

4. Deleted Stipulations: Remove stipulation # 7.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit Modification application for the Wachovia Bank at Meadowmont.

This the 26th day of November, 2001.

ATTACHMENT 4

RESOLUTION C

(Community Design Commission Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (SUP 479.1.1B) (2001-11-26/R-18c)

a. 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, with the modifications listed below; and

b. Be consistent with the Meadowmont Master Land Use Plan that was approved on October 23, 1995.

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.

3. Change to Parking Lot Layout for Drive-Through Vehicle Movement: That the intersection of the center drive aisle (along the bank’s front entrance) and the drive-through, be revamped to eliminate the possibility of departing drive-through traffic turning left into the center drive aisle (thus forcing drive-through traffic to depart the site by going through the easternmost drive aisle).

4. Adjusted Stipulations: Change the parking space reference in stipulation #2 (second bullet) to allow a maximum of 24 parking spaces.

5. Deleted Stipulations: Remove stipulation # 7.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit Modification application for the Wachovia Bank at Meadowmont.

This the 26^th day of November, 2001.

ATTACHMENT 5

RESOLUTION D

(Bicycle and Pedestrian Advisory Board Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (SUP 479.1.1B) (2001-11-26/R-18d)

i. 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, with the modifications listed below; and

ii. Be consistent with the Meadowmont Master Land Use Plan that was approved on October 23, 1995.

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. Internal Crosswalk: That the internal crosswalk to The Cedars Retirement Community to the north and the internal crosswalk through the drive-through lane be raised to slow vehicle traffic.

3. Pedestrian Accessible Automatic Teller Machine: That the design of the bank include a pedestrian accessible automatic teller machine.

4. Deleted stipulations: Remove stipulation #7.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit Modification application for the Wachovia Bank at Meadowmont.

This the 26th day of November, 2001.

ATTACHMENT 6

RESOLUTION E

(Transportation Board Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (SUP 479.1.1B) (2001-11-26/R-18e)

iii. 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, with the modifications listed below; and

iv. Be consistent with the Meadowmont Master Land Use Plan that was approved on October 23, 1995.

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

6. Internal Crosswalk: That the internal crosswalk to The Cedars Retirement Community to the north and the internal crosswalk through the drive-through lane be raised to slow vehicle traffic.

7. Pedestrian Accessible Automatic Teller Machine: That the design of the bank include a pedestrian accessible automatic teller machine.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit Modification application for the Wachovia Bank at Meadowmont.

This the 26^th day of November, 2001.

ATTACHMENT 7

RESOLUTION F

(Denying the Application)

A RESOLUTION DENYING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (2001-11-26/R-18f)

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

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

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

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

BE IT FURTHER RESOLVED that the Council finds:

(INSERT ADDITIONAL REASONS FOR DENIAL)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the Special Use Permit Modification application for the Wachovia Bank at Meadowmont.

This the 26^th day of November, 2001.