AGENDA #3

MEMORANDUM

TO: Mayor and Town Council

From: W. Calvin Horton, Town Manager

Subject: Public Hearing: Village Plaza Shopping Center Renovation - Application for a Special Use Permit (File No. 7.46.B.11; PIN# 9799242361, 9799148584)

DATE: October 16, 2002

INTRODUCTION

Attached for your consideration is an application for a Special Use Permit. The proposal includes the demolition of the 18,497 square foot Village Plaza Theater and 6,300 square feet of adjoining retail space. Proposed Phase I and Phase II improvements include a new 40,000 square foot movie theater, 24,840 square feet of new retail and office floor area and accompanied by 40 new additional parking spaces. A new 2,000 square foot detached retail building is also proposed in the parking lot.

The 10.9-acre site is located in the Village Plaza Shopping Center on South Elliott Road. The property is in the Community Commercial zoning district (CC), and Resource Conservation District (RCD). The site is located in Orange County and is identified on Chapel Hill Township Tax Map 46, Block B, Lots 11 & 11B.

On April 8, 2002, the Town Council approved expedited processing for review of this Special Use Permit application for Village Plaza.

Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of the application, and further to receive evidence which the Council may consider as the Council determines any appropriate conditions to impose upon the proposed development.

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

¨ Cover Memorandum: Introduces application, describes process for review, summarizes staff and advisory board comments, and offers recommendations for Council action.

¨ Staff Report: Offers a detailed description of the site and proposed development, and presents an evaluation of the application regarding its compliance with the standards and regulations of the Development Ordinance.

¨ Attachments: Includes a checklist of requirements for this development, resolutions of approval and denial, advisory board comments, citizen letters and the applicant’s materials.

PROCESS

The Development Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Town standards; we have presented a report to the Planning Board; and tonight we submit our report and preliminary recommendation to the Council.

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

CONTIGUOUS PROPERTY

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

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

The Development Ordinance defines contiguous property as follows:

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. Since the proposed site is over 10 acres, the Development Ordinance requires that at a minimum, all property within 500 feet shall be considered contiguous. We note however, the Council may determine the contiguous property for this application extends beyond the minimum 500 feet requirement. 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 H provides a format for determining the definition of contiguous property for this application.

DESCRIPTION OF THE APPLICATION

The proposed Special Use Permit application includes a Phase I and Phase II development plan. The Phase I portion of this application includes:

1. Demolition of the 18,497 square foot Village Plaza movie theater and 6,300 square feet of retail space between the theater and the ABC Store;

2. A new 40,000 square foot movie theater;

3. Net addition of 21 parking spaces;

4. Construction of a new 2,000 square foot detached retail building in the parking lot;

5. Construction of a public sidewalk along the site’s Elliott Road frontage;

6. Modification to the parking lot design, including installation of parking lot landscape islands and changes to internal access between the Whole Foods site;

7. Improvements to the refuse/recycling area behind the retail center;

8. Improvements to the storm water drainage system including installation of a bio-retention facility and two stormceptors units;

9. Construction of a continuous service access drive, along the east property line, between Elliott Road and the Whole Foods shopping center. The proposed service drive would permit uninterrupted travel, behind the Village Plaza development and the Whole Food Center.

10. Installation of 87 bicycle parking spaces including racks and lockers;

11. Reservation for 20 Park and Ride spaces in along the site’s Elliott Road frontage;

12. Dedication of construction, access and maintenance easements for a portion of the future Booker Creek greenway.

13. Modifications to vehicular circulation between the site the adjacent Whole Foods shopping center (off-site on the Whole Foods property);

14. Extension of sewer lines (off-site on the Staples retail property);

15. Construction of a pedestrian connection between the movie theater and the Booker Creek Greenway (off-site on the Staples property); and

16. Dedication of a service vehicle and cross access easement between the Village Plaza site and the Whole Foods site (off-site on the Whole Foods property).

The Phase II portion of this application includes:

1. Construction of an elevated 2-story, 24,840 square foot office and retail building;

2. Construction of an 8,500 square foot outdoor elevated pedestrian plaza;

3. Expansion of the Phase I parking lot from 55 to 74 spaces; and

4. Off-site extension of sewer utilities.

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 requests for modifications to the regulations, intensity standards, access and circulation, parking, bicycle parking, traffic impact, buffers and landscaping, building elevations, lighting plans, stormwater management, refuse management, recycling, utilities, and fire safety. A checklist describing compliance with regulations is also provided as Attachment 2 to this memorandum.

Based on our evaluation, our preliminary recommendation is that the application as submitted, except for the requested modifications to the regulations, complies with the regulations and standards of the Development Ordinance and Design Manual with the conditions in Resolution A. We believe the proposal conforms with the Comprehensive Plan.

The applicant has asked for modification of regulations in the four sections of the Development Ordinance noted above. The Council has the authority, in the context of this request for a Special Use Permit for an existing development to modify some or all of the requested regulations if it determines that public purposes are satisfied in the particular case to an equivalent or greater degree,

Tonight the Council receives our attached evaluation, and also receives information submitted by the applicant and other citizens. The applicant’s materials are included as attachments to this memorandum. All information that is submitted at the hearing will be placed into the record.

Based on the evidence that is submitted, 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:

Special Use Permit – Required Findings of Fact

Finding #1: That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare.

Finding #2: That the use or development complies with all required regulations and standards of this chapter, including all applicable provisions of Articles 12, 13, and 14 and with all other applicable regulations.

Finding #3: That the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity;

Finding #4: That the use or development conforms with the general plans for the physical development of the Town as embodied in this chapter and in the Comprehensive Plan.

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.

REQUESTED MODIFICATIONS OF REGULATIONS

We note that the applicant is requesting from the Council modifications to Development Ordinance regulations for this site.. Subsection 18.7.1 of the Development Ordinance states:

“Where actions, designs, or solutions proposed by the applicant are not literally in accord with applicable special use regulations, general regulations, or other regulations in this Ordinance, but the Council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree, the Council may make specific modification of the regulations in the particular case for Modification of Special Use Permit applications, or in approving a new Special Use Permit for existing development that requires a Special Use Permit.”

The following modifications are requested by the applicant:

1. Modification of Subsection 13.11.1 Use Group C, and Subsection 5.5.2.1 of the Development Ordinance to allow the Phase I and Phase II development to exceed the maximum permitted floor area by 25,506 square feet.

2. Modification of Subsection 13.11.1 and 5.5.2.1 to allow Phase I to allow a minimum of 154,242 square feet of livability space and Phase II to allow a minimum of 152,002 square feet of livability space.

3. Modification of Subsection 14.6.6 (a) to allow less than a five-foot landscaped strip between portions of the buildings and adjacent parking areas.

4. Modification of Subsection 14.6.7 to allow a minimum of 457 spaces for Phase I and 476 spaces for Phase I and Phase II.

The requests for modifications are described below. Staff comment on the four modifications follow description.

Modification Request #1 - Floor Area: This Special Use Permit application proposes to demolish the Village Plaza Theater and 6,300 square feet of adjoining retail space. Improvements include a 40,000 square foot movie theater, 24,840 square feet of retail and office floor area and a 2,000 square foot detached retail building in the parking lot. Upon build-out the site will contain 136,874 square feet of floor area. The proposed 136,874 square feet of building area exceeds the maximum permitted floor area for the 10.9 acre site on which it is proposed by 25,506 square feet. For additional information floor area, please refer to the chart on page 23.

With respect to this request the applicant’s Statement of Justification states the following:

“It is understood by the applicant that the additional proposed floor area of the two phases exceeds that which is permitted by the current development ordinance. A modification is requested in light of the intent of the proposed development ordinance which promotes higher infill intensity as well as the recommendation of the Community Design Commission to provide mixed-use on this site.” [Applicant Statement]

Modification Request #2 – Livability Space: The proposed livability space for Phase I is 47,675 square feet less that the minimum 201,917 square foot livability space requirement. The livability spaces square footage for Phase II is 49,717 square feet less that the 201,917 square foot minimum requirement.

In commenting on the justification for this modification to the regulations, the applicant’s Statement of Justification repeats the above quoted statement.

Modification Request #3 – Landscape Strip Between Buildings and Parking: The applicant also requests a variance on the 5 foot planting strip requirement between the portion of the existing building to remain and the new parking lot. The submitted Statement of Justification states the following:

“We believe the large amount of new vegetation being proposed in the parking lot itself and along the street frontage is a better use of this resource and keeps the integrity of the current highly functional pedestrian walkway intact. The rest of the site’s non-conformance with current Town shading, buffer, green space and planting standards will be brought into conformance.” [Applicant Statement]

Modification Request #4 – Minimum Parking Requirements: The Village Plaza retail center presently has 436 parking spaces. As proposed, the Phase I development will have 457 parking spaces. According to the Town’s Development Ordinance, the Phase I development requires a minimum of 770 parking spaces. The Phase II development will add another 19 parking spaces on the site. The Town’s Development Ordinance requires a minimum of 100 additional parking spaces for Phase II. This issue is discussed in greater detail in the Key Issues section of this memorandum

With respect to this request for modifying the minimum parking requirements, the applicant’s Statement of Justification states the following:

“A modification of the required parking spaces is also requested, as the project is short of the number required by the current ordinance. We believe the intent of the proposed development ordinance is to promote alternative means of transportation, such as pedestrian, carpool, and public transportation, all of which are provided in the proposed application.” [Applicant Statement]

Staff Comment: Our preliminary recommendation is that the Council modify those sections of the Development Ordinance requested by the applicant and discussed above. We believe that the Council may find that the proposed development, with each of the modifications requested above, would satisfy public purposes to a degree equivalent to that which would be achieved with full compliance with all regulations. We believe that the public purposes specifically promoted by this proposed development would be (1) The provision of higher intensity infill development, (2) The provision of a mix of office and retail uses, (3) The promotion of greater pedestrian traffic, (4) The provision of improved access and circulation between neighboring developments, (5) The provision of increased landscaping in the parking lot, (6) The provision of less impervious surface area, and (7) The provision of improved water quality with Best Management Practices.

Alternatively, the Council could reasonably conclude that some or all of the proposed modifications would not satisfy public purposes to an equivalent or greater degree and could therefore deny the application or require compliance with the particular regulation.

KEY ISSUES

Based on the review of this development application by Town advisory boards and the Town staff, we believe three key issues have been identified: 1) Proposed Number of Parking Spaces; 2) Booker Creek Culvert under Elliott Road; and 3) Residential Use in Phase II. These issues are discussed below.

Proposed Number of Parking Spaces: The Village Plaza retail center presently has 436 parking spaces. According to the Town’s Development Ordinance, a minimum of 638 spaces are required for the existing development. As proposed, the Phase I development will have 457 parking spaces and the Phase II development will increase the number of on-site parking spaces to 476. The Town’s Development Ordinance would require a minimum of 770 parking spaces for development at the Phase I and 870 spaces for the development at Phase II.

Please refer to the table below for additional information.

	Minimum Number of Parking Spaces Required By Development Ordinance Based on Type of Use

	Current Development	Required for Phase I	Required for Phase I & II
Office/ Retail/ Restaurant (1 per 250 sq ft)	305 spaces	288 spaces	388 spaces
Theater (1 per 4 seats)	333 spaces	482 spaces	482 spaces
Total Req. Spaces	638 spaces	770 spaces	870 spaces
	Number of Parking Spaces Existing or Proposed
	Existing	Proposed Ph I	Proposed Ph I & II
	436 spaces	457 spaces	476 spaces
Difference between Minimum Req.	(-) 202	(-) 313	(-) 394
Existing/Proposed as a Percentage of Minimum Req.	68 %	59%	54%

The issue of parking was discussed by several Planning Board members during the review of this application. In expressing concern and justification for voting against this proposed development, we note that the two dissenting Planning Board members stated that this application does not provide enough parking spaces. They also expressed a concern with overflow parking from the proposed development spilling into the Whole Foods Shopping center parking area.

In response to concerns raised during the review of this project, the applicant conducted a survey of parking space usage in the Village Plaza Shopping Center parking lot. The area survey includes all parking spaces between the Red Hot and Blue Restaurant and the easternmost edge of the parking lot (near Booker Creek). Survey data were collected at 7:30 p.m. on Thursdays, Fridays, Saturdays, and Sundays between September 12, 2002 and September 29, 2002. The results of the applicant’s survey are presented below.

Date Of Survey		Total Existing Spaces	# Cars Parked at 7:30 PM	# of Vacant Spaces	Occupied Spaces (Percentage)

Thursday	09/12/02	436	158	278	36%
Friday	09/13/02	436	304	132	70%
Saturday	09/14/02	436	183	253	42%
Sunday	09/15/02	436	137	299	32%
Thursday	09/19/02	436	122	314	28%
Friday	09/20/02	436	239	197	55%
Saturday	09/21/02	436	211	225	48%
Sunday	09/22/02	436	187	249	43%
Thursday	09/26/02	436	157	279	36%
Friday	09/27/02	436	269	167	62%
Saturday	09/28/02	436	168	268	39%
Sunday	09/29/02	436	107	329	25%

Average		436	186	249	42%

The applicant’s analysis of this survey is quoted below:

“Phase I development calls for an 18% increase (20,203 sq. ft) in building square footage and a 5% increase (21) in parking spaces. Phase II calls for a 44% increase (42,043 sq.ft) in building square footage and a 9% increase (40) in parking. Assuming that a percentage increase in building square footage (18% for Phase I) implies a percentage increase in parked cars, the Phase I parking lots would have 98 empty parking spaces at the highest counted demand (using September 13, 2002 counts). Under the same assumption Phase II, with a 9% increase in floor area would have 38 empty parking using available parking lot spaces from September 13, 2002. We believe that, based on existing use of this parking lot, the proposed addition of 40 new parking spaces and available alternative transportation options, that the proposed number of parking spaces is acceptable” [Applicant’s Statement]

Staff Comment: We do not support the applicant’s assumptions on future parking space needs as presented. Although there may be some validity to this analysis, we anticipate that if the project is developed as proposed, the percentages expressed in the applicant’s analysis may be different. However, we believe that the applicant’s proposal, and the Manager’s Preliminary Recommendation, includes several transit and pedestrian related improvements that result in decreased automobile usage.

The applicant is proposing the following transit/pedestrian related improvements:

· Installation of a sidewalk along the site’s Elliott Road frontage;

· Reservation of 20 Park and Ride spaces in the parking lot;

· Easements for constructing a segment of the Booker Creek Greenway;

· Installation of 87 bicycle parking spaces;

· Improved pedestrian crosswalk/walkways within the parking lot; and

· Two pedestrian paths between shopping center and Booker Creek Greenway.

The Manager’s Preliminary Recommendation includes the following transit/pedestrian improvements:

· Payment-in-lieu ($10,000) for bus pad, benches and shelters at two existing Elliott Road bus stops; and

· Additional pedestrian crosswalks/walkways within the parking lot.

We understand that the applicant has agreed to the improvements recommended by the Manager.

We believe that given the above transit and pedestrian related improvements, other alternative transportation options, and the primary use of the parking lot during the day by retail business and at night by the movie theater, that the number of parking spaces proposed by the applicant is acceptable. The Manager’s preliminary recommendation is that the Phase I portion of this applicant include a minimum of 457 parking spaces and that the Phase II portion include an additional 19 parking spaces.

Alternatively, the Council could reasonably conclude that the number of proposed parking spaces will not adequately serve the development intensity proposed by the applicant.

Booker Creek Culvert under Elliott Road: Attached to this memorandum is a September 3, 2002 letter from Federal Realty Investment Trust. The letter was presented to the Planning Board at its September 3, 2002 meeting. The letter expressed a concern that the proposed development could increase the incidence of flooding on the adjacent Eastgate Shopping Center.

Staff Comment: We note that, based on the Stormwater Impact Statement submitted with the application, the existing impervious area for Village Plaza is 73% and the proposed site design will decrease the impervious area to 71%. We believe that drainage improvements on this site recommended and agreed to by the applicant, including stormceptors, rain gardens and improvements to the existing storm sewer infrastructure will have a net positive effect on stormwater management.

Residential Use in Phase II: During the Planning Board review the applicant stated an interest in incorporating a residential component into the Phase II portion of the application. The applicant noted that several Planning Board and Community Design Commission members expressed a preference for a greater mix of uses on the site. The applicant stated that in response to these comments, and for greater flexibility in developing the site, some or all of the Phase II portion of this project could be residential dwelling units.

We note that the original application, as submitted, did not include a proposal for residential use. We understand, based on recent discussions with the applicant, that a formal request to modify the application and include an option to use all or a portion of the proposed 24,840 square footage in Phase II for residential purposes is forthcoming.

Staff Comment: The inclusion of a residential component into this proposed development was supported by the Planning Board and the Community Design Commission. We believe that the incorporation of residential use into this proposed development would be desirable. Residential use generates less traffic and requires fewer parking spaces than retail or office space. We also believe that a residential component would be an asset in the redevelopment and revitalization of this shopping center.

We understand, however that the Phase II portion of the application is not the primary development objective of this applicant. From conversations with the applicant and the applicant’s representative, we note that the Phase II element of this proposal was incorporated into the original application in response to a desire by the Community Design Commission for a proposal with a greater mix of uses. The applicant has indicted that if market conditions can support the development of the Phase II portion of this site as retail, office, residential or combination thereof, the applicant may be willing to develop all or a portion of Phase II.

As stated above, we believe that the applicant may soon submit a formal request to modify the application and included an option to use all or a portion of the proposed 24,840 square footage in Phase II for residential purposes. The applicant has been informed of Council’s recent approvals of Special Use Permits involving residential development and affordable housing. We understand that if the applicant submits a modified application that includes a residential component, the submission will address the issue of affordable housing.

Resolution A, the Manager’s Preliminary Recommendation, authorizes a maximum of 24,840 square feet for the Phase II portion of this proposal and includes flexibility in the ultimate mix of uses in Phase II.

SUMMARY

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:

Orange Water and Sewer Authority,
Duke Power Company,
Public Service Company,
Time Warner, and
BellSouth.

3. Community Design Commission reviews and approves building elevations, site lighting and alternate landscape bufferyard plans.

4. 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.

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

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

RECOMMENDATIONS

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

Planning Board’s Recommendation: The Planning Board reviewed this proposal on September 3, 2002 and voted 7 to 2 to recommend that the Council approve the application with the adoption of Resolution B. Please see the attached Summary of Planning Board Action.

Resolution B includes the following recommendation of the Planning Board:

· Minimum number of bicycle parking spaces shall be 48.

Several Planning Board members expressed a concern that the applicant was proposing an excessive number of bicycle parking spaces. The Board agreed that the minimum number of bicycle parking spaces should be calculated on the proposed number of parking spaces (476) and not the required number of parking spaces (870).

Staff Comment: Based on the minimum required number of parking spaces (870 spaces) for the proposed development, the Town’s Design Manual for bicycle parking standards suggests that the Village Plaza applicant provide a minimum of 87 bicycle parking spaces. Eighteen of the spaces must meet Class I requirements and 69 spaces must meet Class II requirements. We note that the applicant’s current proposal complies with this suggested standard of 87 spaces.

Resolution A, the Manager’s Preliminary Recommendation stipulates that the applicant provide 87 bicycle parking spaces as proposed. We believe that additional bicycle parking spaces, above what is suggested by the Design Manual, are appropriate and reasonable. In particular, the close proximity of the Booker Creek Greenway, the reduction in parking spaces, the willingness of the applicant and the size of the development, reflect the need and appropriateness for additional spaces.

Resolutions A and B include the seven following recommendations of the Planning Board:

· That the bicycle parking spaces are proportionally distributed throughout the site.

Although the submitted application involves a site plan that encumbers the entire 10.9 acre Village Plaza site, all of the proposed bicycle parking spaces are located either around the propose movie theater or the 2,000 square foot outbuilding. The Planning Board members stated, even though they recommended reducing the number of bicycle space to 48, that the parking areas should be evenly distributed through the site and not clustered around the movie theater.

Staff Comment: We believe, based on the number of bicycle parking spaces proposed by the applicant and recommended in Resolution A, that the spaces should be proportionally distributed throughout the site. This requirement is stipulated in Resolution A.

· Construction for Phase I is completed within 5 years and construction for Phase II is completed within 10 years from the date of approval.

Due to the current economic environment, and the uncertainty surrounding the construction of the Phase II portion of the proposal, the applicant is requesting that the Council authorize a longer construction deadline period for both Phase I and Phase II.

Staff Comment: Typically, construction deadlines associated with Special Use Permits are for three years. However, it is not uncommon, with large projects, for the Council to authorize longer construction completion periods. We believe that in this circumstance, the construction period deadline, as requested by the applicant is appropriate and we have incorporated the extended deadlines into Resolution A and Resolution B.

· Maximum floor may include up to 24,840 square feet of residential floor area (Phase II portion of the site).

Staff Comment: Please refer to the discussion on Residential Use in Phase II under the section above on Key Issues.

· Wheel stops shall be installed for parking spaces perpendicular to the sidewalk along Elliott Road.

To reduce the impact of the proposed Elliott Road sidewalk construction on the adjacent street trees, we recommended that the sidewalk be installed directly adjacent the parking lot curb rather than adjacent Elliott Road. The applicant’s proposed parking lot plans include perpendicular parking spaces along this parking lot curb. In order to avoid a situation in which parked vehicles are hanging over the sidewalk, the Planning Board recommends the installation of wheel stops for parking spaces perpendicular to the sidewalk.

Staff Comment: We concur with the recommendation of the Planning Board and have incorporated this recommendation into Resolution A.

· Park and Ride spaces shall be reserved between 6:00 a.m. and 6:00 p.m. Monday through Friday.

The applicant is proposing to reserve 20 parking spaces along Elliott Road for the Town’s Park and Ride program. At the request of the applicant, the Planning Board recommends that the 20 assigned Park and Ride spaces shall be reserved between 6:00 a.m. and 6:00 p.m., Monday through Friday.

Staff Comment: We believe that the recommended time/day restrictions on the 20 Park and Ride spaces will adequately serve the needs of the Park and Ride program and will not negatively impact the shopping center. Resolution A stipulates this restriction.

· Alternate Type “A” bufferyard may be installed along Elliott Road in front of the proposed 2,000 square foot building.

The applicant’s proposal includes an alternate Type “A” bufferyard along the entire length of the site’s Elliott Road frontage, except for that portion of the site between US 15-501 and Driveway “A.” The applicant is proposing this alternate bufferyard because most of the site frontage, especially after installing the proposed sidewalk along Elliott Road, is not wide enough to accommodate a 15 foot wide bufferyard. However, we note that room for a bufferyard area, in some places exceeding 15 feet in width, is possible in front of the proposed 2,000 square foot building along Elliott Road.

In the review of this proposal, the applicant, Planning Board and Community Design Commission agree that the final determination for a bufferyard width, between Elliott Road and the proposed 2,000 square foot building should be determined by Community Design Commission. During the review of final building elevations, the Community Design Commission could determine, based on the proposed elevations, the appropriate bufferyard width in this situation.

Staff Comment: We concur with the recommendation of the Planning Board and have incorporated this recommendation into Resolution A.

· Stormceptor units may be replaced with a similar Best Management Practice design.

At the Planning Board meeting the applicant expressed a concern that the resolution under consideration required the installation of two underground stormwater infrastructure (stormceptors) features. Although the stormceptor units were shown on the submitted site plan, the applicant expressed being somewhat unfamiliar with complete details on the cost and maintenance of this type of Best Management Practice design. The applicant requested and the Planning Board agreed to stipulate that the stormceptor units may be replaced with a similar Best Management Practice design with the final determination to be by the Town Manager at the final plan review.

Staff Comment: Subsequent to the Planning Board meeting, the applicant has had an opportunity to become familiar with stormceptor units. It is our understanding that the applicant now believes that the installation of stormceptor units is acceptable. Although there appears to be an acceptance by the applicant on this type of Best Management Practice design, the Town Manager’s Preliminary Recommendation, Resolution A, includes a stipulation that defers this decision unit final plan review.

Resolution B differs from the Town Manager’s Preliminary Recommendation with respect to: the number of bicycle parking spaces; additional pedestrian connections in the parking lot; required retail location; and the impervious surface limits in the Resource Conservation District. These four issues were not discussed at the Board’s meeting.

Bicycle and Pedestrian Advisory Board’s Recommendation: The Bicycle and Pedestrian Advisory reviewed this proposal on September 24, 2002 and voted 6-0 to recommend that the Council approve the application with the adoption of Resolution C. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.

Resolutions A and C include the two following recommendations of the Bicycle and Pedestrian Advisory Board:

· That bicycle racks be distributed throughout the project site, specifically in the area of the stores facing Elliott Road.

Staff Comment: As discussed above under Planning Board Recommendation, we believe, based on the number of bicycle parking spaces proposed by the applicant and recommended in Resolution A (87), that the spaces should be proportionally distributed throughout the site. This requirement is stipulated in Resolution A.

· That pedestrian connection from the proposed periphery sidewalk to the shopping center buildings be included at all driveway entrances to the project site.

Primary vehicular access to the site is from four driveways on Elliott Road (Driveways “A, B, C and D” as described on page 22). The submitted site plans proposed two pedestrian crosswalks/walkways between Elliott Road and the shopping center buildings. These proposed pedestrian crosswalks are in the vicinity of Driveway A and D. The recommendation of the Bicycle and Pedestrian Advisory Board is for two additional crosswalks, between the propose sidewalk and the buildings, in the vicinity of Driveways B and C.

Staff Comment: We concur with the recommendation of the Bicycle and Pedestrian Advisory Board. We believe that two additional pedestrian crosswalks, between the proposed sidewalk and the building, can be incorporated near Driveways B and C without major site modifications. We recommend that in order to accommodate the crosswalks, parking lot landscaping shall not be modified however; parking spaces may be decreased or eliminated. Final crosswalk/walkway locations shall be reviewed and approved by the Town Manager. This recommendation has been included in Resolution A.

Resolution C differs from the Town Manager’s Preliminary Recommendation with respect to: construction deadlines; residential floor area; wheel stops; reservation of Park and Ride spaces; number of bicycle parking spaces; Elliott Road bufferyard; stormceptors; required retail locations; and impervious surface limits in the Resource Conservation District. These nine issues were not discussed at the Board’s meeting.

Community Design Commission’s Recommendation: The Community Design Commission reviewed this proposal on September 25, 2002 and voted 8 to 0 to recommend that the Council approve the application with the adoption of Resolution D. Please see the attached Summary of Community Design Commission Action.

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

· That the developer shall provide at least one retail shop tenant (other than the theater) along the southwestern façade of the new proposed theater building, in order to enhance the retail nature of this area.

Staff Comment: Unless the applicant voluntarily agrees to this condition we do not recommend that that the developer be required to provide a retail shop along the southwestern façade of the proposed theater.

Resolutions A and D includes the two following recommendations of the Community Design Commission:

· That two additional crosswalks/walkways shall be provided in the parking lot in order that pedestrian connections shall be available from the proposed periphery sidewalk to the shopping center buildings at all driveway entrances to the site.

Staff Comment: Resolution A includes the above recommendation of the Community Design Commission. For additional information on this recommendation for additional pedestrian connections, please refer to the discussion above under the Bicycle and Pedestrian Advisory Recommendation.

· That an Alternate Type “A” landscape bufferyard may be installed along Elliott Road in front of the proposed 2,000 square foot building, if approved the Community Design Commission.

Staff Comment: Resolution A includes the above recommendation of the Community Design Commission. For additional information on this recommendation for alternate bufferyard in front of the proposed 2,000 square foot building, please refer to the discussion above under the Planning Board Recommendation.

Resolution D differs from the Town Manager’s Preliminary Recommendation with respect to: construction deadlines; residential floor area; wheel stops; reservation of Park and Ride spaces; distribution of bicycle parking spaces; stormceptors; required retail locations; and impervious surface limits in Resource Conservation District. Seven of these eight issues were not discussed at the Commission’s meeting.

Greenways Commission’s Recommendation: The Greenways Commission reviewed this proposal on September 25, 2002 and voted 4 to 0 to recommend that the Council approve the application with the adoption of Resolution E. Please see the attached Summary of Greenways Commission Action.

Resolutions A and E include the four following recommendations of the Bicycle and Pedestrian Advisory Board:

· The developer should provide all easements needed to build and maintain the Booker Creek Linear Park including permanent greenway, temporary construction, and permanent maintenance easements.

Staff Comment: The applicant has agreed to this condition and a stipulation to that affect has been included in Resolution A.

· Future plans should show the portion of the Booker Creek Linear Park within the Special Use Permit area as currently envisioned. However, it should be noted that we do not expect the developer to build the trail.

Staff Comment: The applicant has agreed to this condition and a stipulation to that affect has been included in Resolution A. We note that the submitted site plans do not included details for the construction of the greenway nor is the construction of the greenway by the applicant stipulated in any of the attached resolutions.

· The Community Design Commission should review the elevations on the northeast side of the building to assure that the appearance of what would be the back side of the building is appropriate for a park setting.

Staff Comment: Resolution A includes a standard stipulation that the Community Design Commission shall review and approved details for all building elevations prior to the issuance of a Zoning Compliance Permit.

· The Special Use Permit should contain language that would allow construction of the Booker Creek Linear Park within the Resource Conservation District. This language should explicitly state that any impervious surface and disturbance within the Resource Conservation District caused by the linear park not be charged to the property owners.

Staff Comment: The construction of the portion of the Booker Creek Liner Park within the Village Plaza site will be undertaken by the Town of Chapel Hill. Since this portion of the greenway project does not involve any structures and would be undertaken by the Town, construction of the greenway within the Resource Conservation District may proceed. We do not believe that a stipulation to that effect is necessary to authorize construction.

We note that the construction of the greenway and associated improvements would result in additional impervious surface and land disturbance on the Village Plaza site. We recommend that Resolution A stipulate that any imperious surface added to the site within the Resource Conservation District caused by the Town’s Booker Creek Linear Park project shall not be counted toward the Village Plaza amount of impervious surface and/or land disturbance for regulatory purposes. This stipulation has been incorporated into Resolution A.

Resolution E differs from the Town Manager’s Preliminary Recommendation with respect to: construction deadlines; residential floor area; wheel stops; reservation of Park and Ride spaces; distribution of bicycle parking spaces; Elliott Road bufferyards; stormceptors; additional pedestrian connections; and required retail locations. These nine issues were not discussed at the Commission’s meeting.

Transportation Board’s Recommendation: The Transportation Board reviewed this proposal on October 1, 2002 and voted 6 to 0 to recommend that the Council approve the application with the adoption of Resolution F. Please see the attached Summary of Transportation Board Action.

Resolution F differs from the Town Manager’s Preliminary Recommendation with respect to: construction deadlines; residential floor area; wheel stops; reservation of Park and Ride spaces; distribution of bicycle parking spaces; Elliott Road bufferyards; stormceptors; pedestrian crosswalk in the parking lot; required retail locations; and impervious surface limits in the Resource Conservation District. These ten issues were not discussed at the Commission’s meeting.

Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary conclusion is that, with the stipulation in Resolution A and the modification to regulations as requested by the applicant, the application complies with the 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 required findings for approval of a Special Use Permit, we recommend that the application be approved with the adoption of Resolution A.

Resolution B would approve the application as recommended by the Planning Board.

Resolution C would approve the application as recommended by the Bicycle and Pedestrian Advisory Board.

Resolution D would approve the application as recommended by the Community Design Commission.

Resolution E would approve the application as recommended by the Greenways Commission.

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

Resolution G would deny the application.

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

Village Plaza Shopping Center Renovation

Special Use Permit

Differences between Resolutions

Issues

Resolution A

Manager's

Preliminary Rec.

Resolution B

Planning

Board

Rec.

Resolution C

Bicycle and

Pedestrian

Advisory

Board Rec.

Resolution D

Community Design

Board Rec.

Resolution E

Greenways

Commission Rec.

Resolution F

Transportation

Board Rec.

Construction Deadlines

Phase I 5 yrs

Phase II 10 yrs

Yes

Residential Floor Area

Permitted

Yes

(24,840 sq ft)

Yes

(24,840 sq ft)

Wheel Stops in Parking Lot

Yes

(along Elliott Rd sidewalk)

Yes

(along Elliott Rd sidewalk)

Park & Ride

Reservation

Yes

(6am-6pm

Mon-Fri only)

Yes

(6am-6pm

Mon-Fri only

Min # Bicycle Parking Spaces

Distribution of bicycle spaces

Proportionally

throughout

the site

Proportionally

throughout

the site

Proportionally

throughout

the site

Bufferyard between Proposed Outbuilding & Elliott Road

Alternate

Minimum 15’ Type “A” Buffer

Alternate

Minimum 15’ Type “A” Buffer

Alternate BMP’s

Permitted

in lieu of stormceptors

Permitted

in lieu of stormceptors

Additional Pedestrian Connections

Yes

(Between sidewalk

and building)

Yes

(Between sidewalk

and building)

Yes

(Between sidewalk

and building)

Retail Required on Southwest Façade

Yes

Adjust RCD

Impervious Limits to allow Greenway

Yes

* Issue was not discussed by this Advisory Board.

ATTACHMENTS

1. Staff Report (p. 22).

2. Check List of Regulations and Standards (p. 39).

3. Resolution A (p. 40).

4. Resolution B (p. 50).

5. Resolution C (p. 52).

6. Resolution D (p. 54).

7. Resolution E (p. 56).

8. Resolution F (p. 58).

9. Resolution G (p. 60).

10. Resolution H (p.61).

11. Summary of Planning Board Action (p. 62).

12. Summary of Bicycle and Pedestrian Advisory Board Action (p. 63).

13. Summary of Community Design Commission Action (p. 64).

14. Summary of Greenways Commission Action (p.65).

15. Summary of Transportation Board Action (p. 66).

16. September 3, 2002 Letter from Federal Realty Investment Trust (p. 67).

17. Statement of Justification (p. 69).

18. Project Fact Sheets (p. 71).

19. Traffic Impact Analysis Summary (p. 75).

20. Additional Parking Lot Buffer Site Plan (p. 76).

21. Existing Refuse Container Refuse Layout Site Plan (p. 77).

22. Area Map (p. 78).

23. Reduced Plans (p. 79).

ATTACHMENT 1

STAFF REPORT

SUBJECT: Public Hearing: Village Plaza Shopping Center Renovation - Application for a Special Use Permit (File No. 7.46.B.11, 7.46.B.11B; PIN# 9799242361, 9799148584)

DATE: October 16, 2002

INTRODUCTION

Attached for your consideration is an application for a Special Use Permit for the Village Plaza Shopping Center located on South Elliott Road. The proposal includes the demolition of the 18,497 square foot Village Plaza Theater and the demolition of the 6,300 square feet of adjoining retail space. Proposed improvements include a 40,000 square foot movie theater, 2,840 square feet of retail and office floor area and a 2,000 square foot outbuilding. This proposed development is divided into Phase I and Phase II.

The Phase I portion of this proposal includes the demolition of the theater and retail space and construction of a 40,000 square foot, 1,928 seat movie theater and a 55 space parking lot. Other improvements proposed with Phase I include a 2,000 square foot detached retail building, a sidewalk along Elliott Road, modifications to the parking lot, changes to access and circulation between the site and a neighboring development, and improvements to refuse, recycling, and stormwater facilities.

The Phase II portion of this proposal includes a 2-story, 24,840 square foot office and retail building. The proposed location for this Phase II structure is above the Phase I, 55 space parking lot. As proposed, Phase II improvements will add an additional 19 parking spaces to the 55 space Phase I parking lot. An elevated 8,500 square foot outdoor plaza is also proposed as part of Phase II improvements.

We note that as an existing development, this site has several nonconforming features with regard to the Town’s Development Ordinance. We also note that the proposed development would create additional conditions that do not comply with regulations. The applicant is requesting modifications of regulations for this site as a part of this application. In this set of circumstances, the Town Council has the ability to so modify the regulations if it finds a justification related to public purpose.

EVALUATION

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

Location: The Village Plaza retail center is located on the east side of South Elliott Road, between US 15-501 and East Franklin Street. South of and adjoining the Whole Foods shopping complex (aka Wellspring), the Village Plaza center is surrounded on several sides by similar shopping centers. Eastgate and Staples adjoin the site to the northeast, and the Galleria shopping complex is to the south across Elliott Road. Several nearby restaurant and service oriented businesses, located outside of the Village Plaza development, include Burger King, Red Hot and Blue, Vacuum Cleaner Hospital, and Kindercare Day Care. A recently vacated office building, previously occupied by Public Service Company, is also located across Elliott Road.

A small undeveloped portion of the site, approximately 2 acres, is located between US 15-501 and Booker Creek. This area includes a portion of Booker Creek and is entirely located in the federally regulated 100 year floodplain.

Existing Structures: The 10.9 acre Village Plaza retail center zoning lot has been divided as a commercial subdivision and contains two separate commercial subdivision lots (legal description #1 and #2 Village Plaza). According to Orange County Tax Assessor records, the 10.9-acre site includes 11 attached buildings. The site contains a total of 94,831 square feet of floor area and 436 parking spaces.

Access: Primary vehicular access to the site is from four driveways on Elliott Road. The southern most driveway (Driveway “A”) is approximately 300 feet west of US 15-501 and directly across from the access drive into the Burger King restaurant. Driveway A provides access along the eastern edge of the development as well as access to a refuse and loading courtyard behind the businesses.

The next driveway into the Village Plaza center (Driveway “B”) is approximately 1,000 feet west of US 15-501, and between the driveway entrance to the Galleria and the Vacuum Cleaner Hospital. The third access drive (Driveway “C”) is across from the vacant Public Service Company office building, approximately 850 feet south of East Franklin Street. The fourth primary access drive for the Village Plaza site on Elliott Road is located on the adjacent property to the north (Whole Foods). This drive (Driveway “D”) is approximately 550 feet south of East Franklin Street and just south of the Red, Hot and Blue Restaurant.

In addition to these four driveways along Elliott Road, secondary internal access to the Theater is provided from the adjacent parking lot (Whole Foods shopping center).

Topography, Drainage, Vegetative Cover: Most of the Village Center site slopes from the buildings towards Elliott Road. The easternmost parking lot, between US 15-501 and the Spa Health Club slopes away from the building towards Booker Creek. The highest elevation on the site (282 feet) is at the northeast corner of the Village Plaza Theater, adjacent to the Staples retail development. The lowest elevation (approximately 250 feet) is near the southeast corner of the property where Booker Creek leaves the property before flowing under Elliott Road.

An underground series of stormwater drainage pipes collect and discharge the development’s stormwater runoff into Booker Creek. Runoff from a portion of the eastern most parking lot area enters Booker Creek as surface sheet flow runoff.

Booker Creek crosses the southeastern most portion of the site. After leaving the Eastgate Shopping Center, the creek crosses approximately 350 feet of the Village Plaza site before flowing under Elliott Road and US 15-501. Approximately 2 acres of the Village Plaza property is located in the Booker Creek floodplain. Resource Conservation District associated with the Booker Creek floodplain is approximately 106,000 square feet in area.

Except for the natural vegetative cover associated with the Booker Creek floodplain portion of the site, most of the existing site is covered by impervious surfaces. The Elliott Road frontage of the site is landscaped. The landscaped area along Elliott Road contains some well-established street trees and shrubs.

Development Description

The proposed Special Use Permit application includes a Phase I and Phase II development plan. The Phase I portion of this application includes:

Demolition of the 18,497 square foot Village Plaza movie theater and 6,300 square feet of retail space between the theater and the ABC Store;

A new 40,000 square foot movie theater;

Net addition of 21 parking spaces;

Construction of a 2,000 square foot detached retail building in the parking lot;

Construction of a public sidewalk along the site’s Elliott Road frontage;

Modification to the parking lot design, including installation of parking lot landscape islands and changes to internal access between the Whole Foods site;

Improvements to the refuse/recycling area behind the retail center;

Improvements to the storm water drainage system including installation of a bio-retention facility and two stormceptors units;

Construction of a continuous service access drive, along the east property line, between Elliott Road and the Whole Foods shopping center;

Installation of 87 bicycle parking spaces including racks and lockers;

Reservation for 20 Park and Ride spaces;

Dedication of construction, access and maintenance easements for a portion of the future Booker Creek greenway.

Modifications to vehicular circulation between the site the adjacent Whole Foods shopping center (off-site on the Whole Foods property);

Extension of sewer lines (off-site on the Staples retail property);

Construction of a pedestrian connection between the movie theater and the Booker Creek Greenway (off-site on the Staples property); and

Dedication of a service vehicle and cross access easement between the Village Plaza site and the Whole Foods site (off-site on the Whole Foods property).

The Phase II portion of this application includes:

1. Construction of an elevated 2-story, 24,840 square foot office and retail building;

2. Construction of an 8,500 square foot outdoor elevated pedestrian plaza;

3. Expansion of the Phase I parking lot from 55 to 74 spaces; and

4. Off-site extension of sewer utilities.

Ordinance Requirements

Zoning: Except for a parcel zoned Office/Institutional-2 (OI-2) across Elliott Road (previously occupied by the Public Service Company), and a portion of the property occupied by the Kindercare day care (zoned OI-2 and Residential-5), the Village Plaza site and all adjacent properties are zoned Community Commercial (CC).

Comprehensive Plan: The Chapel Hill Land Use Plan, a component of the Comprehensive Plan, identifies the old Public Service Company site and the Kindercare day care site as office use. The Village Plaza site and all remaining adjacent properties are identified on the Land Use Plan as commercial use.

Intensity Standards: Land use intensity standards for the proposed Special Use Permit in a Community Commercial (CC) zoning district, including 105,974 square feet of Resource Conservation District, are shown in the table on the following page.

CC Zoning

& RCD

Land Use Intensity Standards

For :

Permitted

Square

Footage

PHASE I

PHASE I & II

Proposed

Square

Footage

Overage (+)

Deficit (-)

Proposed Square

Footage

Overage (+)

Deficit (-)

Maximum

Floor Area

111,368

sq. ft

112,034

sq. ft

666

(+) sq. ft

136,874

sq. ft

25,506

(+) sq. ft

Minimum

Outdoor Space

405,079

sq. ft

408,160

sq. ft

Meets Minimum

405,920

sq. ft

Meets

Minimum

Livability Space

201,917

sq. ft

154,242

sq. ft

47,675

(-) sq. ft

152,200

sq. ft

49,717

(-) sq. ft

As indicated in the table, the Village Plaza Phase I and Phase II proposals exceed the maximum permitted floor area and do not meet the minimum livability space requirements. As part of this development application, the applicant is requesting modification of Development Ordinance regulations as it relates to floor area limitations and minimum livability space requirements on this site.

We also note that as an existing development, this site has several nonconforming features with regard to the Town’s Development Ordinance. The existing nonconforming features include: (1) Minimum livability space; (2) Minimum number of required parking spaces; (3) Parking lot shading requirements; (4) Required landscape strips between parking facilities and the exterior wall of a building; and (5) Landscape buffers.

Consequently, as part of this development application, the applicant is requesting permission to modify the Development Ordinance regulations, with regard to some of these existing nonconforming features.

We believe that the Village Plaza application may be considered under the provisions of Subsection 18.7.1 as a Special Use Permit for an existing development and that the Council may find that the modifications to some or all of the regulations satisfy public purposes to an equivalent or greater degree.

We note that Subsection 18.7.1 of the Development Ordinance states:

These modifications are being requested by the applicant in order to promote high intensity infill, follow the recommendation of the Community Design Commission to provide mixed-use on the site, promote pedestrian traffic and alternative means of transportation, maintain landscaping along Elliott Road and provide increased landscaping in the parking lot.

Access and Circulation

Access and Circulation: Existing primary vehicular access to the site is from four driveways along Elliott Road (identified as Driveways “A, B, C or D” in the discussion above under Access). Secondary internal access is provided from the adjacent Whole Foods parking lot.

This Special Use Permit proposal includes:

a) Improvements to one access drive (driveway “C”) on Elliott Road;

b) Modifying an internal driveway connection (between the Whole Foods parking lot near Red, Hot and Blue); and

c) Construction of a service access drive along the east property line.

These improvements are described below.

As recommended by the Transportation Impact Analysis, the applicant is proposing to reconstruct one of the four access drives (driveway “C”) on Elliott Road. The proposed reconstruction will provide a 30-foot wide driveway with striped left and right turn lanes exiting the site, and one lane entering the site. We also note that the Traffic Impact Analysis recommended that a second driveway (driveway “D”) along Elliott Road be reconstructed to the same standards. Although the site plan provided in tonight’s packet does not reflect the redesign off driveway “D” as recommended by the Transportation Impact Analysis, we understand, based on staff discussion with the applicant, that the applicant intends to make this improvement also.

Resolution A includes a stipulation that the applicant improve the two northern most driveways (driveway “C and D”) along Elliott Road to provide 30-foot wide driveways with striped left and right turn lanes exiting the site, stop signs and one lane entering the site. We also recommend that if practical, the reconstructed driveways shall intersect Elliott Road at 90 degree angles. We recommend that the final design and configuration of these two reconstructed driveways along Elliott Road be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

With respect to existing internal vehicular circulation, the applicant is proposing to modify an internal driveway connection behind the Red, Hot and Blue Restaurant. The proposed realignment of this driveway, between the two properties, is necessary in order to accommodate an outdoor pedestrian plaza near the northwest corner of the proposed movie theater.

A second change to internal vehicular circulation involves the construction of a continuous service vehicle access drive along the east property line. Currently, due to topographic differences in elevations, vehicular access along the eastern property line, between Elliott Road and the Whole Food site, is not possible. The applicant is proposing to modify the topography along the eastern property line and construct a service drive.

The proposed service drive would permit uninterrupted travel, behind the Village Plaza development and the Whole Food Center. Once constructed, the proposed access would permit service vehicles to enter the Village Plaza site from the Elliott Road driveway nearest to US 15-501 (driveway “A”), access a refuse/recycling center behind the shopping center, and continue north behind the proposed movie theaters. From this point vehicular travel could turn left to exit on Elliott Road or continue due north, between the Whole Food and Staples retail centers, turn right into the parking lot behind Staples. At this point, a right turn movement would allow a vehicle to eventually exit onto East Franklin Street and a left turn movement would allow access to Elliott Road.

We recommend that prior to the issuance of a Zoning Compliance Permit, the applicant submit a recorded copy of an ingress, egress and regress easement between the Village Plaza and Whole Foods shopping centers. We recommend that the easement permit vehicular travel, including service vehicles between and across the Village Plaza site and the Whole Food development. We recommend that the document be reviewed and approved by the Town Manager prior to recordation.

Traffic Impact: The Traffic Impact Analysis (TIA) was prepared by the Town Consultant in accordance with the Town’s new TIA guidelines. The purpose of this study is to determine the impact to the surrounding transportation system caused by the additional traffic generated by the proposed revisions to Village Plaza Shopping Center, which is anticipated to be fully built out as early as the year 2004. The proposed development would generate 495 additional vehicle trips daily. Traffic volumes from other proposed developments (Franklin Grove Townhomes, Chapel Hill Center II, and University Mall Expansion) in the immediate area were included in the analysis of future conditions. We also note that future traffic conditions were calculated by applying an annual growth of 4%.

Traffic flow conditions were analyzed at the following intersection:

· East Franklin Street and South Elliott Road

· US 15-501 and South Elliott Road

· South Elliott Road at driveways “C and D”

The findings of Traffic Impact Analyses indicate that the additional traffic generated by the renovations to the Village Plaza Shopping Center is expected to have minimal impact to the surrounding roadway network.

As noted earlier, the Traffic Impact Analysis recommended that in order to accommodate peak hour exiting traffic at the theaters, the two northern most driveways (driveway “C and D”) on Elliott Road be widened to 30 feet and striped for two exiting lanes. Except for this recommended no changes to nearby intersections were recommended to accommodate the proposed change in traffic conditions.

For additional information on the Traffic Impact Analysis please see the attached Summary of the February 2002 Village Plaza Theater Traffic Impact Analysis prepared by the Town’s Engineering Department.

Although the findings of the Traffic Impact Analysis indicate that the additional traffic generated by this development would not necessitate physical upgrades to the affected signalized intersections, we believe that, because of the additional traffic, that the timing of these signals be revised. We recommend that the applicant submit a $5,000 payment to the Town for design and implementation of a revised traffic signal timing plan. This recommendation is included in Resolution A.

Parking: The Village Plaza retail center presently has 436 parking spaces. According to the Town’s Development Ordinance, a minimum of 638 spaces are required for the existing development. As proposed, the Phase I and Phase II development will have 476 parking spaces on the site. The Town’s Development Ordinance requires a minimum of 870 parking spaces for the Phase I and II development. Additional information concerning parking number is provided in the table below.

	Minimum Number of Parking Spaces Required By Development Ordinance Based on Type of Use

	Development	Required for Phase I	Required for Phase I & II
Office/ Retail/ Restaurant (1 per 250 sq ft)	305 spaces	288 spaces	388 spaces
Theater (1 per 4 seats)	333 spaces	482 spaces	482 spaces
Total Req. Spaces	638 spaces	770 spaces	870 spaces
	Number of Parking Spaces Existing or Proposed
	Existing	Proposed Ph I	Proposed Ph I & II
	436 spaces	457 spaces	476 spaces
Difference between Minimum Req.	(-) 202	(-) 313	(-) 394
Existing/Proposed as a Percentage of Minimum Req.	68 %	59%	54%

We note that the applicant has indicated intent to seek Council approval of modification of the Development Ordinance regulations with respect to minimum parking space requirements with the justification that the retail space and theater can share parking because their peak parking space demands are different.

The applicant is proposing to reserve 20 parking spaces along Elliott Road for the Town’s Park and Ride program. We recommend that the applicant reserves a minimum of 20 parking spaces for the Town’s Park and Ride program and that the spaces be located within 200 feet of a bus stop and adjacent to the proposed Elliott Road sidewalk. We also recommend that prior to the issuance of a Certificate of Occupancy, the applicant install signage, to be reviewed and approved by the Town Manager, for the reservation and designation of the Park and Ride spaces.

We recommend that the applicant construct the parking lot to Town Standard. We also recommend that prior to the issuance of a Zoning Compliance Permit that the applicant submit detailed construction plans showing proposed clearing, grading, stormwater drainage and paving of the parking lot and drive aisles.

Bicycle Parking: Based on the minimum required number of parking spaces for the proposed (870 spaces: see table above under Parking) the Town’s Design Manual for bicycle parking standards suggests that the Village Plaza applicant provide a minimum of 87 bicycle parking spaces. Eighteen (18) of the spaces must meet Class I requirements and 69 spaces must meet Class II requirements.

The Design Manual suggests that the 18 Class I bicycle parking spaces should have accessibility to a locker, an individually locked enclosure or supervised area within a building providing protection for bicycles therein from theft, vandalism and weather. In order to satisfy the Class II bicycle parking space requirements, the applicant is proposing several outdoor bicycle racks throughout the retail center.

We note that the current proposal does not include Class I bicycle parking spaces, however we understand after discussing the issue with the applicant, that an area for bicycle lockers or similar type facility can be accommodated along the north wall of the proposed movie theater.

We recommend, and Resolution A stipulates, that the applicant comply with the Town’s Design Manual standards for bicycle parking. We recommend that the applicant provide a minimum of 18 Class I bicycle parking spaces and a minimum of 69 Class II bicycle parking spaces. The final design and location of the 87 bicycle spaces shall be reviewed and approved by the Town Manager.

Sidewalks: The Elliott Road frontage of this site does not contain a sidewalk. The applicant is proposing to construct a six-foot wide sidewalk, along the site’s frontage, beginning at the driveway south of Red Hot and Blue (driveway “D”) and terminating at US 15-501.

We recommend that the applicant construct a sidewalk along the Elliott Road frontage of the Village Plaza site as proposed with one exception. We recommend that the sidewalk begin at the driveway south of Red Hot and Blue (driveway “D”), and continue along Elliott Road until it intersects with a proposed spur trail from the Booker Creek Greenway. The proposed greenway includes a short trail spur connecting to Elliott Road, just prior to the greenway trail crossing Booker Creek. We believe that it is appropriate for the proposed Elliott Road sidewalk to connect to this trail spur and for the trail to function as greenway and pedestrian sidewalk between this sidewalk/spur connection and US 15-501. We also recommend that the final plans include signage indicating that the sidewalk connection provides access to the Booker Creek Greenway and US 15-501.

For additional information on the greenway trail please refer to the discussion below under Booker Creek Greenway.

To reduce the impact of the Elliott Road sidewalk construction on the adjacent street trees, we recommend that the sidewalk be a minimum five-foot wide and installed directly adjacent to the parking lot curb rather than adjacent to Elliott Road. In order to minimize the impact on these trees and to provide suitable space for supplemental planting needed to screen the parking lot, we also recommend that, if deemed necessary by the Town Manager, the applicant adjust the existing parking lot curb location. We also recommend that, if the sidewalk is constructed out of the public right-of-way, a pedestrian access and maintenance easement be recorded prior to the issuance of a Zoning Compliance Permit.

Booker Creek Greenway: An undeveloped portion of the Booker Creek Greenway is proposed within the Village Plaza site. The location for a portion of this segment of greenway is proposed between the eastern parking lot and Booker Creek. The remaining Village Plaza section of this proposed trail bridges Booker Creek near Elliott Road and continues due east terminating near the intersection of US 15-501 and Elliott Road.

On September 13, 1999 the Town Council adopted the “Booker Creek Linear Park Advisory Committee’s Report to the Town Council” which included recommendations for trail improvements and associated easements adjacent to and on the Village Plaza site. Based on that report, and subsequent minor revisions to the report, as reviewed by the Town Council, we recommend that the following easements on the Village Plaza site be dedicated to the Town and recorded prior to the issuance of a Zoning Compliance Permit:

a) Temporary construction access easement across the eastern entrance drive and parking lot that lies east of the Spa Health Club;

b) Temporary construction access and staging easements over the portion of the property that lies east of Booker Creek; and

c) Permanent public greenway easement that would allow the Town to construct a continuation of the existing trail across the property.

The exact dimensions and specific location of these easements will be determined through discussion between staff and the developer prior to the issuance of a Zoning Compliance Permit. We also note that the Town’s surveyor will prepare the legal metes and bounds description of the noted easements.

We note that due to the topographic conditions (steep grades) along Booker Creek, the section of greenway proposed adjacent to the creek must be shifted in a western direction towards the parking lot and away from the banks of the creek. In order to construct this section of greenway in the preferred location, it will be necessary for a portion of the eastern parking lot to be relocated away from the creek. We believe that a minor shifting of the eastern edge of the parking lot, away from the banks of the creek, will provide adequate room for constructing the greenway and will not result in reducing the total number of parking spaces.

The Town has proposed that these minor parking lot adjustments and the greenway construction be the responsibility of the Town. We recommend that, in order to accommodate the construction of the proposed greenway trail along Booker Creek, the applicant note on the final plan submission the portion of the eastern parking to be removed and reconstruct. This recommendation has been stipulated in Resolution A.

Bus Stops: There are two bus stops along the Elliott Road frontage of this site. One bus stop includes a pad and bench, the other bus stop contains a pad. This application does not propose improvements to these bus stops.

Due to the recent increase in bus ridership Town wide, the applicant’s proposal to provide 20 Park and Ride spaces and the reduced number of on-site parking spaces, we recommend that prior to the issuance of a Zoning Compliance Permit the applicant provide a payment-in-lieu of $10,000 for two bus shelters, including, if necessary, benches for the above described Elliott Road bus stops. We also recommend that instead of providing the payment-in-lieu the applicant may provide the shelter and associated improvements prior to issuance of a Certificate of Occupancy.

As discussed above, the applicant is proposing to construct a sidewalk along the site’s Elliott Road frontage. We recommend that this sidewalk, or a sidewalk segment, connect the two existing bus stop pads to the proposed Elliott Road sidewalk. This recommendation has been incorporated into Resolution A.

Transportation Management Plan: We recommend that the applicant provide a Transportation Management Plan to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. The required components of the Transportation Management Plan shall include:

a. Provision for designation of a Transportation Coordinator;

b. Provision 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.

This recommended condition would require that the plan be updated and approved annually by the Town Manager. The required components of the Transportation Management Plan are included as a stipulation in Resolution A

Landscape and Architecture

Buffers and Landscaping: The table below outlines the minimum landscape bufferyard requirements for the Village Plaza site and the bufferyards proposed by the applicant.

Location of Bufferyard	Required Landscape Bufferyards	Proposed Landscape Bufferyards

Elliott Road frontage	Min. 15’ Type ‘A’ Buffer	Alternate Type ‘A’ Buffer, varied width
US 15-501 frontage	Min. 30’ Type ‘D’ Buffer	75’ Type ‘D’ Buffer
Whole Foods property line	Min 10’ Type ‘B’ Buffer	Alternate Type ‘B’ Buffer, varied width
Staples & Eastgate property line	Min. 10’ Type ‘B’ Buffer	Existing off-site buffer
Days Inn property line	Min. 10’ Type ‘B’ Buffer	Existing off-site buffer and 30’ on-site Type ‘B’ Buffer

For landscape bufferyard requirements along the Staples, Eastgate and Days Inn property lines, the applicant is proposing to use the existing landscaping in these developments’ landscape buffers to satisfy the Village Plaza bufferyard standards. Most of the vegetation along these common property lines is either in a floodplain, Resource Conservation District, or along the Booker Creek Greenway. We believe that in this particular case, it is appropriate for this applicant to use the existing vegetation on neighboring properties in order to comply with the minimum bufferyard requirements. Resolution A includes a stipulation, authorizing the Village Plaza applicant to use the shared landscape bufferyards on the Staples, Eastgate and Days Inn properties to satisfy the bufferyard requirements.

This proposed development includes two alternate bufferyards. The first proposed alternate bufferyard (alternate Type ‘A’ bufferyard) is along the site’s Elliott Road frontage. We believe that the applicant is proposing an alternate bufferyard along Elliott Road because in some locations the proposed bufferyard width is less that the minimum 15 foot requirement. We believe that, except for the portion of Elliott Road between US 15-501 and driveway ‘A’ and for a 120 foot section in front of the proposed 2,000 square foot detached retail building, an alternate bufferyard, less than 15 feet in width, along Elliott Road is appropriate.

The second proposed alternate bufferyard is located along the Whole Foods property line. We note that the full size Landscape Plan (Sheet SD-5A) included in tonight’s packet does not include a landscape bufferyard between the Village Plaza site and the Red, Hot and Blue Restaurant. Please refer to attachment titled Additional Parking Lot Buffer for a landscape plan adjacent to the Red, Hot and Blue Restaurant.

The applicant is proposing an alternate bufferyard long this property line because the proposed bufferyard width, in some areas, is less than the 10 foot width minimum. We believe that in this transition area between two adjoining commercial shopping center, an alternate bufferyard is appropriate. No vegetation exists in this area now.

Resolution A includes a stipulation authorizing alternate bufferyards, as described above, along portions of Elliott Road and along the north property line. Resolution A also requires that the Community Design Commission approve the details of these alternative bufferyards along portions of Elliott Road and along the northern property line

Landscape Buffer Strip: The Town’s Development Ordinance (Subsection 14.6.6(a)) requires that five (5) foot landscaped buffer strips be provided between parking facilities and the exterior walls of a building. The proposed plan includes this buffer strip along portions of the new movie theater. As part of this development application, the applicant is requesting modification of Development Ordinance regulations as it relates to the portion of the movie theater that does not include this landscape buffer strip. The applicant also notes that most if not all of that portion of the Village Plaza retail building that will remain after the existing movie theater portion is demolished, will continue to not comply with this buffer requirement.

The applicant already has fewer than the minimum number of parking spaces required by the Development Ordinance for this site. In addition, in order to provide the five (5) foot landscaped buffer strip as required by the Development Ordinance, the applicant would have to give up additional parking spaces. The proposal includes the addition of landscape islands throughout the parking lot.

Given the space constraints on the site, the reduced number of parking spaces, and the proposed landscape islands in the parking lot, we believe that the Council could find that it is appropriate to not require a five foot landscaped strip between the wall of the building and the parking facilities in the above mentioned areas.

Parking Lot Shading: We do not believe that the proposed parking lot shading meets the Development Ordinance requirement for 35% shading of the parking area surface. We recommend that compliance with this Development Ordinance requirement be demonstrated with the submission of the Landscape Planting Plan.

Resolution A requires that detailed, landscape planting plans (including buffers), landscape maintenance plans, parking lot shading and screening plan and building buffer plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The landscape plan shall indicate the size, type, and location of all proposed plantings.

We recommend that a Landscape Protection Plan be developed for this project. The Landscape Protection Plan must show all construction limits (including any proposed off-site construction) associated with infrastructure construction and indicate where tree protection, silt fencing and/or continuous flagging is proposed to be installed. An area of specific concern is how the existing street trees along Elliott Road, that are proposed to be retained, will be protected.

Building Elevations, Landscaping and Lighting Approval: We believe that most if not all building facades of the proposed development will be visible from numerous view points. The movie theater and the Phase II building will also be visible from the Booker Creek Greenway trail. We have included our standard stipulation regarding approval of these building elevations.

We recommend that the detailed building elevations, authorized alternate landscape bufferyards details and lighting plans be approved by the Community Design Commission, prior to the issuance of a Zoning Compliance Permit. These recommendations are stipulated in Resolution A.

ENVIRONMENT

Watershed Protection District: This area is not in a critical or protected watershed district. There is approximately 371,350 square feet of existing impervious surface on the Village Plaza site. The applicant is proposing to reduce the amount of impervious surface by 10,445 square feet. New pervious surface will be created by installing landscaped islands in the parking lot, and adding landscape buffer areas along the north property line. This net reduction in impervious surface will change the percentage of impervious surface from 71.3% to 69.4%

Resource Conservation District: As previously noted, 105,974 square feet (2.45 acres) of the site is located in the Resource Conservation District. The Resource Conservation District is located in the southeast corner of the property, between US 15-501 and the eastern edge of the building (Spa Health Club). This Resource Conservation District is associated with the Booker Creek floodplain.

The applicant is proposing land disturbance within the Resource Conservation District. Land disturbance (approximately 3,000 square feet) within the Resource Conservation District is associated with the following improvements: 1) Replacing a portion of the eastern most parking lot with pervious surface; 2) Constructing approximately 60 feet of public sidewalk along Elliott Road; and 3) Making improvements to an existing stormwater discharge outlet. We believe these improvements are justified.

We note that Section 5.5.1 of the Development Ordinance lists sidewalks and stormwater infrastructures as permitted uses in the Resource Conservation District where there is a practical necessity to their location. In order to construct these facilities within the Resource Conservation District, the applicant must comply with Section 5.6 (Standards for Development in Resource Conservation District) of the Development Ordinance.

We recommend that prior to the issuance of a Zoning Compliance Permit, all proposed encroachment(s) into the Resource Conservation District comply with the requirements and standards of Subsections 5.6 and 5.8 of the Development Ordinance. We also recommend that all applicable Resource Conservation District regulations be adhered to. We recommend that the boundaries of the Resource Conservation District be shown on the final plans with a note indicating that “Development shall be in accordance with Development Ordinance.”

These recommendations have been incorporated into Resolution A.

Stormwater Management: An underground series of stormwater drainage pipes collect and discharge the development’s stormwater runoff into Booker Creek. The eastern most parking lot slopes away from the building and the runoff across this parking area enters Booker Creek as surface sheet flow runoff.

This proposed development includes installation of additional stormwater drainage pipes along the eastern property line between the new movie theater and the Booker Creek Greenway.

We recommend that a Stormwater Management Plan shall be approved the Town Manager prior to issuance of a Zoning Compliance Permit. Based on the 1-year, 2-year and 25-year storms, the post-development stormwater run-off rate shall not exceed the pre-development rate. Depending on the development site location, size in area and the condition of the existing conveyance system and associated lands, the Manager may waive or change the peak discharge rate criteria in part or in whole if, based on an approved Stormwater Management Plan, it is demonstrated that detention would intensify existing peak discharges or may cause other problems on abutting or downstream properties. In addition, the plans shall show all storm drainage outlets and address any impact the stormwater from these outlets may have on abutting properties.

We recommend that all stormwater management improvements, including those within the Resource Conservation District, be located within dedicated maintenance easements. We also recommend that prior to the issuance of a Zoning Compliance Permit, the applicant submit an Operations and Maintenance Plan for all engineered stormwater facilities. These stipulations have been incorporated into Resolution A.

Best Management Practices: This proposal includes a bio-retention facility and two stormceptor units. The proposed bio-retention facility is in a portion of the parking lot, near Elliott Road, adjacent to the eastern most access drive. These stormceptor units are located along two new proposed storm drainage pipes.

We recommend that the applicant provides verification that the proposed bio-retention facility will provide for the removal of at least 85% of the suspended solids in the stormwater runoff prior to the stormwater run-off leaving the site. We also recommend that if practical the facility shall be designed to capture and treat runoff from that portion of the parking area located down slope from the stormceptor units.

We recommend that the stormceptor unit proposed at drop inlet #3 shall be relocated to drop inlet #4 and that the stormceptor unit (closest to the bio-retention area) shall be relocated to the junction box, location on-line with the existing drainage system. We also recommend that both stormceptor units must be sufficiently sized to remove 85% total suspended solids.

We recommend that the proposed bio-retention facility location and design and the installation of the stormceptor units be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. These recommended have been stipulated in Resolution A.

UTILITY AND SERVICES

Refuse Management: Refuse collection containers are located behind the Village Plaza retail buildings in two locations. Please refer to the attachment titled Existing Refuse Container Layout. As proposed, the refuse containers currently located behind the movie theater, will be relocated to the larger refuse area.

We recommend that the final plans provide detailed information about the proposed refuse area. We believe that the applicant’s proposal, that refuse collection for this development be coordinated with the refuse needs of the other businesses sharing the zoning lot is desirable. We recommend that the combined refuse/recycling area include the construction of accessible dumpster pads, constructed to Town standards, or the installation of a refuse compactor at this central location to service all of the affected businesses. We also note that there is a sewer line under the driveway along the eastern property line that may affect the placement of dumpsters in this area.

We recommend that all drive aisles needed to access refuse containers be constructed of heavy-duty pavement. We recommend that the final plans include a detail of this pavement section. It will also be necessary to include a note on the final plan stating that the Town of Chapel Hill, its assigns or Orange County shall not be responsible for any pavement damage that may result from service vehicles.

We recommend that a Solid Waste Management Plan, including provisions for recycling, for the management and minimizing of construction debris and salvage and recycling of demolition waste, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Utilities: We recommend that detailed utility plans be reviewed and approved by OWASA, Duke Power Company, BellSouth, Public Service Company, and the Town Manager prior to issuance of a Zoning Compliance Permit. We recommend that all new and relocated utility lines, other than three phase electrical distribution lines, be installed underground. We also recommend that the lines be routed to minimize impact on existing trees and that the final plans show the location of these proposed underground utilities. We have included these standard stipulations 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 which demonstrates compliance with Town standards, be submitted for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit. Resolution A also includes a stipulation requiring that all Fire Department connections must be on the street side of the new building and that a fire hydrant must be located no more that 50 feet from each Fire Department connection.

Erosion Control: We recommend that an soil erosion and sedimentation control plan (including provisions for maintenance of facilities and modification of the plan if necessary), be approved by the Orange County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to the issuance of a Zoning Compliance Permit. This stipulation is present in Resolution A. We also note that a letter of credit is now required as part of this approval.

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.

CONCLUSION

Based on information available at this stage of the application review process, and except for the particular requests for 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, B, C, and D, E and F would approve the application and the requested modifications to the regulations, with conditions.

Resolution G would deny the application.

Resolution H would define contiguous property.

ATTACHMENT 2

Project Fact Sheet Requirements

Check List of Regulations and Standards

Special Use Permit Application

VILLAGE PLAZA SHOPPING CENTER RENOVATION	STAFF EVALUATION
VILLAGE PLAZA SHOPPING CENTER RENOVATION	Compliance	Non-Compliance
Use Permitted	Ö
Min. Gross Land Area	Ö
Min. Lot Width	Ö
Max. Floor Area	Ö (with modification of the regulations)	Ö (if no modification of regulations granted)
Min. Outdoor Space	Ö
Min. Livability Space	Ö (with modification of the regulations)	Ö (if no modification of regulations granted)
Min. Recreation Space	N/A
Impervious Surface Limits	N/A
Min. # Parking Spaces	Ö (with modification of the regulations)	Ö (if no modification of regulations granted)
Min. # Loading Spaces	Ö
Max. # Dwelling Units	N/A
Min. Street Setback	Ö
Min. Interior Setback	Ö
Min. Solar Setback	Ö
Max. Height Limit	Ö
Min. Landscape Buffers	Ö (with approved alternate landscape bufferyards)	Ö (if alternate landscape bufferyards denied)
5-Foot Planting Strip Requirement	Ö (with modification of the regulations)	Ö (if no modification of regulations granted)
Parking Lot Screening	Ö
Parking Lot Shading Requirement	Ö
Public Water and Sewer	Ö
Underground Utility Lines	Ö

N/A = Not Applicable Prepared: August 29, 2002

ATTACHMENT 3

RESOLUTION A

(Manager’s Preliminary Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR VILLAGE PLAZA SHOPPING CENTER RENOVATION

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Eastern Federal Corporation and Triangle V II L. P. on property identified as Chapel Hill Township Tax Map 46, Block B, Lots 11 and 11B (PIN# 9799242361, 9799148584), if developed according to the site plan dated July 17, 2002 and site plans included as attachments titled Additional Parking Lot Buffer 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 by the Town Council of Chapel Hill that it finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

3. Modification of Subsection 14.6.6 (a) to allow less than a five-foot landscaped strip between portions of the buildings and adjacent parking areas.

4. Modification of Subsection 14.6.7 to allow a minimum of 457 spaces for Phase I and 476 spaces for Phase I and Phase II, as noted in the stipulations below.

Said public purposes being (1) The provision of higher intensity infill development, (2) The provision of a mix of office and retail uses, (3) The promotion of greater pedestrian traffic, (4) The provision of improved access and circulation between neighboring developments, (5) The provision of increased landscaping in the parking lot, (6) The provision of less impervious surface area, and (7) The provision of improved quality with Best Management Practices.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for the Village Plaza Shopping Center Renovation in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. That construction begins by (2 years from the date of approval).

That construction for Phase I is completed by (5 years from the date of approval) and construction for Phase II is completed by (10 years from the date of approval).

2. Land Use Intensity: This Special Use Permit authorizes office-type business, business-convenience, and residential use and the demolition of 24,797 square feet of floor and land use intensity requirements as specified below:

Land Use Intensity Phase I and II	Village Plaza Shopping Center
Net Land Area	475,632 sq ft
Total # of Buildings	11 (8 existing, 3 new)
Maximum Floor Area	136,874
Maximum Residential Floor Area -Phase II	24,840 sq ft
Minimum Outdoor Space	405,920 sq ft
Minimum Livability Space	152,002 sq ft
*Minimum # of Parking Spaces	476
Minimum # of Bicycle Spaces	87

*Parking spaces may be decreased in order to accommodate pedestrian crosswalks/walkways between the proposed Elliott Road sidewalk and the shopping center buildings.

Required Improvements

3. Elliott Road Access Driveway “C and D”: That the applicant improve the two northern most driveways (driveway “C and D”) along Elliott Road to provide 30-foot wide driveways with striped left and right turn lanes exiting the site, stop signs and one lane entering the site. That, if practical, the reconstructed driveways shall intersect Elliott Road at a 90 degree angle. The final design and configuration of these two reconstructed driveways along Elliott Road shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

4. Elliott Road Sidewalk: That the applicant:

a) Constructs a minimum width five-foot wide sidewalk along the Elliott Road frontage of the Village Plaza site beginning on the south side of access driveway “D” and terminating on east side of access driveway “A”. The sidewalk shall connect to the proposed Booker Creek Greenway trail spur near the east side of access drive “A.”

b) That the sidewalk be installed directly adjacent to the parking lot curb rather than adjacent to Elliott Road. That, if deemed necessary by the Town Manager in order to minimize the impact on the street trees and to provide suitable space for supplemental planting necessary to screen the parking lot, the applicant shall adjust the existing parking lot curb location. The final location and design of the sidewalk and parking lot curb, including wheel stops shall be reviewed and approved by the Town Manager.

c) That the installation of the sidewalk include a connection to the Elliott Road bus stops.

d) That, if a portion of the sidewalk is constructed outside of the public right-of-way, prior to the issuance of a Zoning Compliance Permit, the applicant shall submit a copy of a recorded pedestrian access and public maintenance easement for the portion of the sidewalk outside of the public right-of-way. That the maintenance easement shall extend to a point one-foot behind the inside edge of the sidewalk. That the easement document shall be reviewed and approved by the Town Manager prior to recordation at the Orange County Register of Deeds.

e) That the final plans include signage, to be approved by the Town Manager, indicating that the sidewalk connection provides access to the Booker Creek Greenway and US 15-501.

5. Pedestrian Connection to Booker Creek Greenway: That the applicant constructs a pedestrian connection between the Booker Creek Greenway and the back of the movie theater. That the location and design of this pedestrian connection shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

6. Traffic Signal Timing Plans: That prior to the issuance of a Zoning Compliance Permit, the applicant provide a payment-in-lieu of $5,000 for the design and implementation of a traffic signal timing plan.

7. Elliott Road Bus Shelters: That prior to the issuance of a Zoning Compliance Permit the applicant provide a payment-in-lieu of $10,000 for two bus shelters, and associated improvements, at the existing bus stops in front of the Village Plaza Shopping Center. That instead of providing the payment-in-lieu the applicant may provide the approved shelter prior to issuance of a Certificate of Occupancy.

Stipulations Related to Access and Circulation

8. Booker Creek Greenway Easements: That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide recorded copies of the following easements, as reviewed and approved by the Town Manager:

a) Temporary construction access easement across the eastern entrance drive and parking lot that lies east of the Spa Health Club;

b) Temporary construction access and staging easements over the portion of the property that lies east of Booker Creek; and

c) Permanent public greenway easement that would allow the Town to construct, access and maintain a continuation of the existing trail across the property.

Exact dimensions and specific location of these easements shall be determined, through discussion between staff and the developer, prior to the issuance of a Zoning Compliance Permit. The easement document(s) shall be recorded with the Orange County Register of Deeds Office and a copy of the recorded document shall be submitted to the Town. This easement shall be reviewed and approved by the Town Manager prior to recordation.

9. New Vehicular Connection to the Whole Food Shopping Center: That the applicant provides a service vehicle access driveway connection between the proposed development and the Whole Food shopping center. The access drive shall permit uninterrupted travel between Village Plaza driveway “A” on Elliott Road and the Whole Foods shopping center. That the access drive shall be located behind the Village Plaza shopping center, adjacent to the site’s eastern property line.

10. Access, Construction and Maintenance Easements: That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide the following easements:

a) A cross access easement between the Village Plaza site and the Whole Foods shopping center. The easement shall permit, vehicular and service vehicle ingress, egress and regress across and between the Whole Foods property and the Village Plaza site.

b) A temporary construction and permanent maintenance easement on the Whole Food site for off-site improvements associated with the proposed Village Plaza Development.

The easement document(s) shall be recorded with the Orange County Register of Deeds Office and a copy of the recorded document shall be submitted to the Town. This easement shall be reviewed and approved by the Town Manager prior to recordation.

11. Parking Lots: That all parking lots, drive aisles and parking spaces associated with the proposed development shall be constructed to Town standards.

12. Parking Lot Crosswalks/Walkways: That two additional crosswalks/walkways shall be provided in the parking lot for pedestrian movements between the proposed Elliott Road sidewalk and the shopping center buildings. The crosswalks/walkways shall be located at or near Driveway “B” and “C.” Parking lot landscaping shall not be modified however, parking spaces may be decreased in order to accommodate the crosswalks/walkways. Final crosswalk/walkway locations shall be reviewed and approved by the Town Manager.

13. Park and Ride Spaces: The applicant shall reserve a minimum of 20 parking spaces for the Town’s Park and Ride program. Spaces shall be reserved between 6:00 a.m. and 6:00 p.m. Monday through Friday. That the parking spaces shall be located within 200 feet of a bus stop and adjacent to the proposed Elliott Road sidewalk. That, prior to the issuance of a Certificate of Occupancy, the applicant shall install signage, approved by the Town Manager, for the reservation and designation of these parking spaces.

14. Transportation Management Plan: That the applicant provides a Transportation Management Plan to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. The required components of the Transportation Management Plan shall include:

a. Provision for designation of a Transportation Coordinator;

b. Provision 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.

The plan shall be updated and approved annually by the Town Manager.

15. Bicycle Parking: That the development shall comply with the Town’s Design Manual for bicycle parking standards as follows:

Total Number or Required Spaces	87
Number of Class I Spaces	18
Number of Class II Spaces	69

The 87 bicycle parking spaces shall be distributed proportionally around the site. That the applicant provide shower and locker facilities.

Stipulations Related to Landscape and Architectural Elements

16. Required Landscape Bufferyard: That the following landscape buffers are required:

Location of Bufferyard	Required Bufferyards

Elliott Road: Between US 15-501 and Driveway “A”	Minimum 15’ Type “A” Buffer
Remaining Elliott Road frontage	Alternate Type “A” Buffer (as authorized by the Town Council)
US 15-501 frontage	Minimum 75’ Type ‘D’ Buffer
Whole Foods property line	Alternate Type ‘B’ Buffer (as authorized by the Town Council)
Staples & Eastgate property lines	Existing off-site buffer
Days Inn property line	Existing off-site buffer and Minimum 30’ on site Type ‘B’ Buffer

17. Alternative Landscape Bufferyards: That the details for all alternate landscape bufferyards shall be reviewed and approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.

18. Landscape Protection Plan: That a detailed landscape protection plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall include a detail of protective fencing; and construction parking and materials staging/storage areas. This plan shall also indicate which labeled trees are proposed to be removed and where tree protection fencing will be installed.

19. Landscape Plan Approval: That detailed landscape plans (including buffers), landscape maintenance plans, and parking lot shading requirements be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. That the landscape plan shall indicate the size, type, and location of all proposed plantings.

20. Parking Lot Screening: That all parking areas shall be screened from view in accordance with the provisions of Section 14.12.7 of the Development Ordinance. The screening plans shall be approval by the Town Manager.

21. Community Design Commission Approval: That the Community Design Commission shall review and approved details for all authorized alternative bufferyards, building elevation details, and lighting plans prior to the issuance of a Zoning Compliance Permit.

Stipulations Related To Stormwater Management

22. Stormwater Management Plan: That a Stormwater Management Plan shall be approved the Town Manager prior to issuance of a Zoning Compliance Permit. Based on the 1-year, 2-year and 25-year storms, the post-development stormwater run-off rate shall not exceed the pre-development rate. Depending on the development site location, size in area and the condition of the existing conveyance system and associated lands, the Manager may waive or change the peak discharge rate criteria in part or in whole if, based on an approved Stormwater Management Plan, it is demonstrated that detention would intensify existing peak discharges or may cause other problems on abutting or downstream properties. In addition, the plans shall show all storm drainage outlets and address any impact the stormwater from these outlets may have on abutting properties.

23. Operations and Maintenance Plans: That an Operations and Maintenance Plan for all engineered structures shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

24. Stormwater Easements: That the final plans and final plat include an easement titled “Reserved Storm Drainageway.” That the easement shall be included on all engineered stormwater features located above and below ground including pipes, streams, and ditches that carry water to and from abutting properties. That all said easement shall be located on a plat and recorded at the Orange County Register of Deeds prior to the issuance of a Zoning Compliance Permit.

That unless specifically designated by the Town as “Public,” drainage features and infrastructure, within the “Reserved Storm Drainageway” shall be considered private and the responsibility of the property owner. That drainage easements are not required for drainage structures and conveyance systems that handle internal stormwater runoff within a single lot or parcel. This detail shall be noted on the final plans.

25. Best Management Practices: That the applicant provides verification that the proposed bio-retention facility will provide for the removal of at least 85% of the suspended solids in the stormwater runoff prior to the stormwater run-off leaving the site. That, if practical, the facility shall be designed to capture and treat runoff from that portion of the parking area located down slope from the stormceptor units.

That the stormceptor unit proposed at drop inlet #3 shall be relocated to drop inlet #4. That the stormceptor unit (closest to the bio-retention area) shall be relocated to the junction box, location on-line with the existing drainage system. Both stomrceptor units must be sufficiently sized to remove 85% total suspended solids, subject to Town Manager approval.

That the proposed bio-retention facility location and design, and the installation of the stormceptor units, or similar Best Management Practice design, be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

26. Performance Guarantee: That if more than one acre of land is disturbed, then a performance guarantee in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances shall be required prior to final authorization to begin land-disturbing activities.

Stipulations Related to Resource Conservation District

27. Impervious Surface Limits: Booker Creek Greenway: That any imperious surface added to the site within the Resource Conservation District caused by the Town’s Booker Creek Linear Park project shall not be counted toward the Village Plaza amount of impervious surface and/or land disturbance for regulatory purposes.

28. Boundaries: That the boundaries of the Resource Conservation District be indicated on the final plans and final plat. A note shall be added to all final plans and plats, indicating, “Development shall be restricted within the Resource Conservation District in accordance with the Chapel Hill Development Ordinance.”

29. Variances: That all variances necessary for development within the Resource Conservation District be obtained before application for final plat or Final Plan approval for the subject phase(s) of development.

30. Construction Standards: That for encroachment(s) into the Resource Conservation District, the requirements and standards of subsections 5.6 and 5.8 of the Development Ordinance and all other applicable Resource Conservation District regulations must be adhered to, unless the application is granted administrative exemptions from sub section 5.8.

Stipulations Related to Refuse and Recycling Collection

31. Redesigned Refuse Facility: That the final plans indicate where refuse containers will be located to service this proposed development. That the applicant provides a redesigned refuse collection facility for this development that coordinates the refuse needs of the businesses sharing the zoning lot. That the plan includes the construction of accessible dumpster pads, constructed to Town standards, or the installation of a refuse compactor at a central location to service all of the affected businesses. The plan must note the existing sewer line under the driveway along the eastern property and address how the line that may impact the placement of dumpsters in this area. These plans shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

32. Approval of Shared-Container and Joint Access Agreements: That a shared-container and joint refuse vehicle access and construction agreement shall be provided between the property owner of Lot #1 Village Plaza and Lot #2 Village Plaza. The agreement shall be approved by the Town Manager and recorded at the Orange County Register of Deeds Office; and copies of the agreement shall be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.

33. Heavy Duty Pavement: That all drive aisles needed to access refuse containers shall be constructed of heavy duty pavement. The final plans must include a detail of this pavement section. It will also be necessary to include the following note on the final plans: “The Town of Chapel Hill, its’ assigns or Orange County shall not be responsible for any pavement damage that may result from service vehicles.

34. Overhead Utility Wires: That the final plan confirm that no overhead obstruction or utility wires will interfere with service vehicle access or operation.

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

Stipulations Related to Utilities

36. 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. That the final plans demonstrate there is no conflict between utility lines, easements, and other site elements.

37. Utility Lines: That except for existing 3-phase electric utility lines, all new or relocated utility lines shall be installed underground and shall be indicated on final plans.

Stipulations Related to Fire Protection/Fire Safety

38. Fire Flow: That a fire flow report prepared by a registered professional engineer and demonstrating compliance with the provisions of the Design Manual be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

39. Fire Department Connection and Fire Hydrant: That the final proposed location for all fire department connections and the location and number of new fire hydrants shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

40. Sprinkler System: That the new building shall have a sprinkler system in accordance with Town Code, which shall be approved by the Town Manager.

Miscellaneous Stipulations

41. Off-Site Easements: That all necessary off-site utility, construction, access, maintenance, or other required easements shall be obtained and a recorded copy of such easements shall be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.

42. 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 plans.

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 plans.

43. 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.

44. As-Built Plans: That as-built plans in DXF binary format using State plane coordinates, shall be provided for buildings, parking lots, street improvements and all other existing or proposed impervious surfaces prior to issuance of the first Certificate of Occupancy.

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

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

47. Construction Sign Required: That the developer 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.

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

49. 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 Village Plaza Shopping Center Renovation.

This the day of , 2002

ATTACHMENT 4

RESOLUTION B

(Planning Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR VILLAGE PLAZA SHOPPING CENTER RENOVATION (2002- )

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 by the Town Council of Chapel Hill that it finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

3. Modification of Subsection 14.6.6 (a) to allow less than a five-foot landscaped strip between portions of the buildings and adjacent parking areas.

4. Modification of Subsection 14.6.7 to allow a minimum of 457 spaces for Phase I and 476 spaces for Phase I and Phase II, as noted in the stipulations 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. Deleted Stipulations: That the Parking Lot Crosswalks/Walkways, and Booker Creek Greenway Construction in the RCD stipulations shall be deleted from the resolution.

3. Revised Stipulations: That the stipulations related to the Land Use Intensity and Bicycle Parking requires a minimum of 48 bicycle parking spaces.

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 Village Plaza Shopping Center Renovation.

This the day of , 2002.

ATTACHMENT 5

RESOLUTION C

(Bicycle and Pedestrian Advisory Board Recommendation)