AGENDA #1

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Public Hearing: Marriott Residence Inn Hotel: Application for Special Use Permit, Planned Development - Mixed Use (File No. 7.27.A.3)

DATE: November 18, 2002

INTRODUCTION

We have received and reviewed a request for a Special Use Permit/Planned Development-Mixed Use to construct a hotel, office and residential development at the northwest corner of the Erwin Road/Dobbins Drive intersection. The applicant is proposing a 48,312 square foot hotel with 80 lodging units, a 3,000 square foot office building, and 3,000 square feet of residential floor area, that will consist of four dwelling units. Overall, the application proposes 54,312 square feet of total floor area and 92 parking spaces. The property contains 13.29 acres of gross land area, and is located in the Residential-3-Conditonal (R-3-C) zoning district. The site is identified as Chapel Hill Township Tax Map 27, Block A, Lot 3.

Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of the application.

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 detailed description of site and proposed development.

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

PROCESS

The Development Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit/Planned Development-Mixed Use 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 E provides a format for determining the definition of contiguous property for this application.

BACKGROUND

On March 23, 1998, the Town Council approved both a Zoning Atlas Amendment that rezoned the site from Residential-2 (R-2) to Residential-3-Conditional (R-3-C), and a Special Use Permit for a Group Care Facility. The approved Special Use Permit allowed a Group Care Facility for 103 residents, and included 42,111 square feet of floor area and 58 parking spaces. The Group Care Facility was never built, and the Special Use Permit approval subsequently expired on March 24, 2000.

We note that the site remains zoned Residential-3-Conditional (R-3-C). Accordingly, as a conditional use zoning district, any proposed development would need approval of a Special Use Permit in order to be built on this site.

In April, 2000, the applicant submitted a Special Use Permit application for a Marriott Residence Inn Hotel and a Zoning Atlas Amendment application to rezone the site from Residential-3-Conditional (R-3-C) to Residential-4-Conditional (R-4-C). Subsequently, on May 3, 2002, the applicant requested that the Zoning Atlas Amendment application be revised to rezone the site from Residential-3-Conditional (R-3-C) to Community Commercial-Conditional (CC-C).

On May 10, 2002, the applicant, in coordination with Summit Hospitality Group, Ltd. and Marriott International, Inc., agreed to dedicate the right-of-way needed for the North Carolina Department of Transportation (NCDOT) to construct roadway improvements related to the realignment of the Dobbins Drive/Erwin Road intersection. Improvements include bike lanes, curb, gutter, and sidewalk on Erwin Road and curb, gutter and sidewalk on a portion of Dobbins Drive. In addition, Marriott is in the process of providing a payment to the Town of $82,550 to cover the local share of cost for the project.

On May 29, 2002, the Town Council granted expedited processing for this application with a scheduled Public Hearing date of November 18, 2002.

On October 23, 2002, the applicant presented a Concept Plan for an alternative development on the site to the Community Design Commission. The applicant’s Concept Plan, named “Dunstan Garth,” included 52 dwelling units in 26 lots on the 13.29-acre site. This alternate proposal for the site is proceeding through the review process on a separate track. A property owner may have two different applications for the same site under review at the same time, and may even receive approval for two different proposals on the same site. Under this type of scenario (if two different proposals were approved on the same site), once construction has started on one of the plans, the other plan would become void.

On October 25, 2002, the applicant withdrew the application for a Zoning Atlas Amendment, and indicated intentions to amend the Marriott Hotel Special Use Permit application to become a Special Use Permit/Planned Development Mixed Use application. On November 6, 2002, we received the applicant’s amended application. Subsequently, on November 12, 2002, the applicant reduced the proposed floor area for the hotel and the proposed number of parking spaces on the site, in order to be in conformance with the intensity regulations of the Town’s existing Development Ordinance for the Residential-3-Conditional (R-3-C) zoning district.

The Town Council is currently considering enactment of a new Land Use Management Ordinance that would replace the Town’s existing Development Ordinance. We believe that there are several regulatory changes in the proposed Land Use Management Ordinance that may impact this proposal depending on whether or not this proposal is considered for action under the existing Development Ordinance or the proposed Land Use Management Ordinance.

DESCRIPTION OF THE APPLICATION

The proposed Special Use Permit/Planned Development-Mixed Use application includes the following components:

q A hotel with 48,312 square feet of floor area, including 80 lodging units;

q 3,000 square feet of office space;

q 3,000 square feet of residential floor area that will be used for four (4) one-bedroom dwelling units (of which one of the four will be a permanently affordable dwelling unit);

q 92 parking spaces; and

q a 100-foot western buffer between the uses on this site and the neighboring Summerfield Crossing development.

EVALUATION OF THE APPLICATION

We have evaluated the application regarding its compliance with the standards and regulations of the Town’s existing Development Ordinance. We have prepared a Staff Report that discusses intensity standards, access and circulation, parking, building elevations, buffers and landscaping, refuse management, utilities, and fire safety (and is included as an attachment to this memorandum). A checklist describing compliance with regulations is also provided as an attachment to this memorandum.

Based on our evaluation, our preliminary evaluation is that the application as submitted and amended, complies with the regulations and standards of the existing Development Ordinance and Design Manual.

We have also evaluated the application regarding its conformance with the Town’s Comprehensive Plan. We believe that, while the proposal may fulfill several of the goals and objectives of the adopted Comprehensive Plan, the proposal is not consistent with the adopted Land Use Plan which is a component of the Comprehensive Plan. This issue is further discussed in the upcoming “Key Issues” section of this memorandum (below) as well as the attached Staff Report.

The applicant has indicated that the application has been designed to comply with the regulations and policies of the Land Use Management Ordinance being considered by the Town Council. The Council could decide to take action on this application in the standard sequence and timetable under the existing Development Ordinance, or could choose to defer action until after the adoption of the new Land Use Management Ordinance. We have evaluated the proposal, as we are required to do, for compliance with the regulations and policies contained in the existing Development Ordinance.

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/Planned Development-Mixed Use shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved, and accordingly, should be denied by the Council.

KEY ISSUES

Our full evaluation, with discussion of each of the required four findings, is included in the attached Staff Report. Based on the review of this development application by Town advisory boards and the Town staff, we believe that two key issues have been identified and we highlight these here: 1) Conformance with the Comprehensive Plan; and 2) Determining which ordinance will apply to this project. These issues are discussed below:

Conformance with the Comprehensive Plan: The May 8, 2000 Land Use Plan, which is a component of the Comprehensive Plan, identifies this property as low-density residential (1-4 units per acre). The applicant presents arguments in the accompanying Statement of Justification that the proposal fulfills statements and goals found in the overall Comprehensive Plan.

Comment: We agree that the proposal addresses some of the general statements and goals in the Comprehensive Plan. We agree with several of the points made by the applicant. But a key point is that the May 8, 2000 Land Use Plan, a component of the Comprehensive Plan, identifies this property as low-density residential (1-4 units per acre). On balance, we do not believe that addressing general statements and goals in the Comprehensive Plan is sufficient to override the specific designation given to this particular property by the approved Land Use Plan. We note that this is a policy determination, and that the Town Council may reach a different conclusion.

Determining Which Ordinance will Apply to this Project: The Council has been working for almost two years on the development and enactment of a new Land Use Management Ordinance, which would replace the Town’s existing Development Ordinance. The Council is scheduled to hold a Forum on the Fourth Draft of the Land Use Management Ordinance on December 9, 2002, and to consider enactment of the Land Use Management Ordinance on January 6, 2002.

Comment: It is possible that this application will be considered by the Council following the approval of the proposed Land Use Management Ordinance. We note that there are many regulatory changes in the proposed Land Use Management Ordinance, which may affect this application (floor area, Resource Conservation District, steep slopes, impervious surface limitations, stormwater management). At this time, the Council is tentatively scheduled to take action on the Land Use Management Ordinance on January 6, 2003. If the Council takes action on the Land Use Management Ordinance on January 6, 2003, it may choose to have the new Ordinance take effect immediately, or at some future specified effective date (to allow time for transition), and may take other actions that could determine its applicability to sending projects..

Following this Public Hearing, the Council could choose to direct that this item return on December 9, 2002 (for action under the Town’s existing Development Ordinance), or that this item may return on January 13, 2003 (at which time the Land Use Management Ordinance may be in effect).

SUMMARY

Resolution A, the Manager’s Preliminary Recommendation, recommends denial of the application. We have also attached Resolution B that includes standard conditions of approval as well as special conditions that we would recommend for this application if the Council makes the four findings necessary for approval. The key special conditions that we would recommend are described in detail in the accompanying Staff Report. 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/Planned Development-Mixed Use application for this site:

1. Applicant accepts and records a Special Use Permit/Planned Development-Mixed Use, 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 any 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 October 1, 2002, and deferred action until October 15, 2002. On October 15, 2002, the applicant requested a deferral in order to make revisions to the application. On November 12, 2002, the Planning Board voted 5-4 to recommend that the Council deny this application with the adoption of Resolution A. Please see the attached Summary of Planning Board Action.

Transportation Board Recommendation: The Transportation Board will review this application on November 19, 2002. We will provide a Summary of Action for the Council as soon as it is available.

Community Design Commission’s Recommendation: The Community Design Commission reviewed this proposal on October 23, 2002 and voted 7-1 to recommend that the Council approve the application with the adoption of Resolution C. Please see the attached Summary of Community Design Commission Action.

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

1. That the site entrance on Erwin Road shall be moved as far north as possible, in order to provide greater separation for vehicles turning into this site, and those vehicles turning onto the realigned Dobbins Drive.

Comment: We note that the applicant’s proposed plans for Erwin Road improvements and a site entrance have been reviewed and endorsed by the North Carolina Department of Transportation (NCDOT). In addition, the Town Engineering Department has reviewed the plans and supports the proposed entrance driveway location as the preferred point of ingress and egress to the site from Erwin Road, given the sight distances and locations of other nearby intersections.

Bicycle and Pedestrian Advisory Board’s Recommendation: The Bicycle and Pedestrian Advisory reviewed this proposal on October 22, 2002 and voted 6-0 to not make a recommendation on this application. The Board then voted 5-1 to provide recommendations to the Council related to bicycle and pedestrian circulation and access issues. Please see the attached Summary of Bicycle and Pedestrian Board Action.

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

1. That when Dobbins Drive is realigned, that the old section of Dobbins Drive should be converted to a bicycle/pedestrian path in order to provide bicycle and pedestrian access to the US 15-501/Erwin Road intersection.

Comment: The Dobbins Drive realignment project is being undertaken to decrease congestion and confusion at the intersections of Dobbins Drive and Erwin Road, and Erwin Road and US Highway 15-501. In particular, the proposed realignment of Dobbins Drive and Erwin Road is intended to increase safety for vehicles, bicycles and pedestrians at these both of these intersections.

Given that the Dobbins Drive realignment project will include a sidewalk along the north side of Dobbins Drive (as realigned) to Erwin Road, and the abandoned roadbed will be on the south side of Dobbins Drive, we do not recommend making this change. We believe that the best route of bicycle and pedestrian access from Dobbins Drive to US Highway 15-501 will be via the realigned roadway.

2. That improvements to Erwin Road should include wide outside lanes in both directions, instead of striped bicycle lanes on one side only.

Comment: We note that the applicant is proposing to dedicate right-of-way and provide a southbound bike lane on Erwin Road. Given the short stretch of Erwin Road on which this bike lane will exist, we do not expect that the bike lane proposed by the applicant will be striped.

Regarding the provision of an additional northbound bicycle lane (along the eastern side of Erwin Road), we do not believe that it is appropriate to ask the applicant for improvements on someone else’s street frontage. Perhaps more significantly however, we believe that it is preferable to obtain right-of-way for a northbound bicycle lane from the property owner(s) on the eastern side of the road, rather than providing the additional right-of-way on the western side of the road and thus necessitating a need to shift all of the vehicular travel lanes in such close proximity to the Erwin Road/US Highway 15-501 intersection.

Parks & Recreation Commission’s Recommendation: The Parks and Recreation Commission will review this application on November 20, 2002. We will provide a Summary of Action for the Council as soon as it is available.

Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary conclusion is that the application does not conform with the Town’s Comprehensive Plan. Accordingly, we recommend that the Council adopt Resolution A, which would deny the Special Use Permit/Planned Development-Mixed Use application.

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/Planned Development-Mixed Use, we recommend that the application be approved with the adoption of Resolution B.

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

Resolution D would approve the application with the conditions recommended by the Bicycle and Pedestrian Advisory Board.

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

ATTACHMENTS

1. Planning Staff Report (p. 11).

2. Project Fact Sheet Requirements (p. 22).

3. Resolution A (Denying the application) (p. 24).

4. Resolution B (Approving the application) (p. 25).

5. Resolution C (Approving the application) (p. 33).

6. Resolution D (Approving the application) (p. 35).

7. Resolution E (Determining Contiguous Property) (p. 37).

8. Summary of Action – Planning Board (p. 38).

9. Summary of Action – Community Design Commission (p. 39).

10. Summary of Action – Bicycle and Pedestrian Advisory Board (p. 40).

11. Correspondence from Linda Brezin, January 10, 2001 (p. 41).

12. Correspondence from Harvey Krasny, January 18, 2001 (p. 42).

13. Correspondence from Rebecca Smith, November 6, 2002 (p. 47).

14. Statement of Justification (p. 48).

15. Project Fact Sheet (p. 56).

16. Memo from Applicant, November 4, 2002 (p. 60).

17. Applicant’s Proposed Voluntary SUP Conditions, November 4, 2002 (p. 66).

18. Letter from Applicant, November 5, 2002 (p. 68).

19. Memo from Applicant, November 12, 2002 (p. 70).

20. GIS Area Map (p. 71).

21. Reduced Plan (p. 72).

22. Traffic Impact Analysis Summary (p. 73).

ATTACHMENT 1

Planning Staff Report

SUBJECT: Public Hearing: Marriott Residence Inn Hotel –

Application for Special Use Permit/Planned Development-Mixed Use

(File No. 7.27.A.3; PIN #: 9799-48-0252)

DATE: November 18 , 2002

INTRODUCTION

Attached for your consideration is an application for a Special Use Permit for a Planned Development – Mixed Use to allow the construction of a mixed use development on a 13.29-acre site that is located at the northwest corner of the Erwin Road/Dobbins Drive intersection. The southern 2.26 acres of the site is located in the Town’s Resource Conservation District (RCD).

The application proposes a 48,312 square-foot hotel with 80 lodging units, a 3,000 square foot office building, and 3,000 square feet of residential space (4 dwelling units, of which one is proposed to be permanently affordable), and 92 parking spaces. The site is zoned Residential-3-Conditional, and is identified as Chapel Hill Township Tax Map 27, Block A, Lot 3.

BACKGROUND

On May 10, 2002, the applicant, in coordination with Summit Hospitality Group, Ltd. and Marriott International, Inc., agreed to dedicate the right-of-way needed for the North Carolina Department of Transportation (NCDOT) to construct roadway improvements related to the realignment of the Dobbins Drive/Erwin Road intersection. Improvements include bike lanes, curb, gutter, and sidewalk on Erwin Road and curb, gutter and sidewalk on a portion of Dobbins Drive. In addition, Marriott has offered to provide a payment to the Town of $82,550 to cover the local share of cost for the project.

On May 29, 2002, the Town Council granted expedited processing for this application with a scheduled Public Hearing date of November 18, 2002.

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.

General Issues

Existing Conditions: The 13.29-acre site is located at the northwest corner of the Erwin Road/Dobbins Drive intersection, with frontage on both Dobbins Drive and Erwin Road. The site is immediately north of the Erwin Road/Europa Drive intersection with US Highway 15-501.

The Summerfield Crossing and Foxcroft Apartment developments are located west of the site. Several single-family residences and a Duke Power Substation are located east of the site, across Erwin Road. The Sheraton Hotel, Europa Office Building, and several small commercial establishments are located across Highway 15-501 to the south of this property. Two single-family lots are located north of the site, and the larger of the two lots includes a large pond. The drainage area below the pond (which runs across the northwestern corner of this site) has been evaluated and determined not to be located within the Town’s Resource Conservation District.

The site currently contains two driveways off Erwin Road and nine small structures, primarily near the middle of the property, which are each proposed for removal. One of these structures, known as the Bennett-McFarling House, was noted in the 1992 Chapel Hill Historic Sites Survey.

A perennial stream runs along the southern edge of the site, from east to west. This perennial stream and associated Resource Conservation District (RCD) land constitutes 2.26 acres of the site. A natural drainage swale runs across the northwest corner of the site, providing intermittent drainage from the pond located on an undeveloped lot located north of the site. The site is not located in the Town’s Watershed Protection District. A ridge runs through the middle of the site from east to west, with drainage either moving towards the south, or towards the northwestern portion of the site. The vast majority of the site consist of modest slopes (0-8%), with one small pocket of steeper slopes (8-20%) in the southeast corner of the site.

The site includes a modest number of significant hardwood and evergreen trees, most of which are either located along the ridge that runs through the site, or in or along the southern portion of the site that is located in the Resource Conservation District (RCD). There are two significant trees located on the eastern portion of the site, a 34-inch willow oak (located approximately 220 feet off of Erwin Road) and a 26-inch maple (located approximately 160 feet off of Erwin Road). There are also several cedars located on the western edge of the ridge that runs through the site.

Development Description: This Special Use Permit application proposes construction of a mixed use development that would include the following components:

· 48,312 square-foot hotel with 80 lodging units,

· 3,000 square-foot office building,

· 3,000 square feet of residential space (4 dwelling units), and

· 92 parking spaces.

The proposed two-story hotel building would include 80 lodging units. A separate one-story building would contain guest check-in and the front desk, management and maintenance offices, a hearth room for limited breakfast service, a small meeting/conference room, and an exercise room. A third building would consist of two stories, and would contain 3,000 square feet of office space on the ground floor, and 3,000 square feet of residential space on the second floor. The three buildings together would enclose a courtyard that would contain a swimming pool, outdoor sports court, gazebo, and landscaping.

The applicant has offered to dedicate right-of-way and pay $82,550 to cover the local share cost for the realignment of Dobbins Drive and Erwin Road intersection. The applicant has also proposed to provide a 100-foot undisturbed western buffer against the Summerfield Crossing townhome development, where a minimum 30-foot buffer is required. On-site stormwater facilities are proposed to manage the quantity and quality of stormwater leaving the site.

Intensity Standards: The proposed project would meet the existing Development Ordinance’s standards for floor area, outdoor space, livability space, and recreation space for a Planned Development-Mixed Use in the Residential-3-Conditional (R-3-C) zoning district.

Transportation Issues

Access and Circulation: Vehicular access to the site is proposed via a single point of access on Erwin Road, north of the intersection of Dobbins Drive and Erwin Road. We believe road improvements are necessary along both Dobbins Drive and Erwin Road in order to provide appropriate access and circulation for this site. These improvements are further discussed below, by street frontage.

Dobbins Drive – Portion to be Reconfigured: The applicant’s site plan identifies the dedication of public right-of-way along the Dobbins Drive service road, to correspond with the State’s preliminary plans to reconfigure this roadway (so that it lines up with the eastern intersection of Dobbins Drive and Erwin Road). We believe that this reconfiguration is a necessary improvement associated with the development of this site. Accordingly, we have included a stipulation in Resolution B that requires the developer to dedicate the necessary public right-of-way for the Dobbins Drive/Erwin Road reconfiguration project, as approved by the North Carolina Department of Transportation (NCDOT). In particular, Resolution B includes a stipulation that requires the developer to dedicate a 60-foot right-of-way along the realigned section of Dobbins Drive, including any additional right-of-way necessary to complete the reconfiguration project.

We recommend that the reconfiguration of the western Dobbins Drive/Erwin Road intersection should include a minimum of 26 feet of pavement, curb and gutter, and a 5-foot concrete sidewalk along one side of the road. We also recommend that these improvements be constructed prior to the construction and occupancy of this site. Accordingly, we have included a stipulation in Resolution B requiring the Dobbins Drive/Erwin Road reconfiguration improvements to be constructed prior to the issuance of a Certificate of Occupancy for this site.

We understand that the North Carolina Department of Transportation has funding to undertake the Dobbins Drive reconfiguration project, but that there is no funding for right-of-way acquisition. In addition, a local share cost must be provided for the project to be constructed. We note that in May, 2002, the applicant, in coordination with Summit Hospitality Group, Ltd. and Marriott International, Inc., agreed to dedicate the right-of-way needed for the North Carolina Department of Transportation (NCDOT) to construct these roadway improvements related to the reconfiguration of the western Dobbins Drive/Erwin Road intersection. In addition, Marriott also offered to provide a payment to the Town of $82,550 to cover the local share cost for the project. The Town Council chose to accept the offer and is presently coordinating with NCDOT on this project.

Dobbins Drive – Existing Portion (No Reconfiguration Needed): We recommend that the remaining portion of Dobbins Drive that is not involved in the NCDOT reconfiguration project be improved as follows:

· That one-half of a 60-foot right-of-way shall be dedicated for this portion of Dobbins Drive, along this site’s frontage.

· That Dobbins Drive shall be improved to include curb and gutter, and a five-foot wide concrete sidewalk.

Resolution B includes these stipulated improvements.

Erwin Road: The applicant’s site plan identifies the dedication of additional public right-of-way along the property’s Erwin Road frontage, the construction of an additional turn lane (which would provide a northbound left turn lane into the Marriott site, and a southbound left turn lane onto the portion of Dobbins Drive located east of this site) and the construction of a bicycle lane along this site’s frontage. We believe that these improvements are consistent with NCDOT’s plans to improve Erwin Road, and are necessary for the development of this site. Accordingly, we recommend that Erwin Road be improved as follows along this property’s frontage:

· That one-half of a 110-foot right-of-way be dedicated along this site’s Erwin Road frontage.

· That Erwin Road be widened to provide 44 feet of pavement along this site’s frontage, including a bicycle lane and a turn lane, curb and gutter, a three-foot wide planting strip, and a five-foot wide concrete sidewalk.

Resolution B includes these stipulated improvements.

We note that the improvements stipulated above for Dobbins Drive and Erwin Road which are all included in Resolution B, are not worded so as to specify who is responsible for said improvements. Alternatively, each stipulation is simply worded to specify that each respective improvement must be completed (without reference to who is responsible for constructing the improvement) prior to the issuance of a Certificate of Occupancy for this site. This allow appropriate flexibility for NCDOT and/or the developer to construct the improvement.

Parking: The single driveway point of access for this development would lead into the parking areas for the facility. Parking is generally split equally between two parking areas on the site. A southern parking area is proposed to provide parking spaces for the hotel and guest check-in building, while a northern parking area is proposed to provide spaces for the hotel, and office/residential building. The applicant is proposing a total of 92 parking spaces for the 48,312 square-foot hotel and office (3,000 square feet)/residential (3,000 square feet) building.

In accordance with the Town’s existing Development Ordinance, the minimum required parking on the site is as follows:

Use

Minimum Parking

Space Requirement

Minimum # Parking

Spaces Required

Hotel (48,312 SF)

1 per lodging unit

Office (3,000 SF)

1 per 350 SF of floor area

Residential (3,000 SF)

4 one-bedroom units

1.5 per dwelling unit

TOTAL:

Based on the requirements of the existing Development Ordinance, we believe that a minimum of 95 parking spaces are required on this site. Accordingly we have included a stipulation in Resolution B, requiring the development to have 95 parking spaces.

We also recommend that the parking lot be constructed to Town standards. We have also included this stipulation in Resolution B.

Bus Stops: We recommend that a bus stop, including a bench and a 5-foot by 10-foot pad, be provided along Dobbins Drive once this road is reconfigured. We have included a stipulation in Resolution B that this bus stop, or a payment-in-lieu, shall be provided prior to issuance of a Zoning Compliance Permit. We have included this stipulation in Resolution B.

Sidewalks: A sidewalk network is proposed along the internal parking areas, around the proposed buildings, and within the interior courtyard. The applicant is also proposing and/or we are recommending that they construct sidewalks along the property’s Erwin Road and Dobbins Drive frontages. We believe that the number and location of the sidewalks is appropriate to serve the pedestrian needs associated with this site, with one exception. We believe that a direct sidewalk connection should be provided between the southern parking area and Dobbins Drive, in order to provide a pedestrian connection between this development and the required bus stop on Dobbins Drive (see previous item). We have included a stipulation in Resolution B to this effect.

Bicycle Parking: We note that the Town’s Design Guidelines for bicycle parking for a commercial/retail use require that the number of bicycle parking spaces shall be 10% of the number of automobile spaces. Since we have recommended stipulating that the applicant provide 95 parking spaces, we believe that a total of 10 bicycle parking spaces are required. The Town’s Design Guidelines specify that these 10 spaces shall be provided as follows:

q 20% of the bicycle parking spaces (2 spaces) shall be Class I (enclosed); and

q 80% of the bicycle parking spaces (8 spaces) shall be Class II (stationary ‘U’ rack).

We have included a stipulation in Resolution B to this effect.

Traffic Impact: The Traffic Impact Analysis (TIA) for this project, was prepared by the Town’s Consultant in accordance with the Town’s new TIA guidelines. The Traffic Impact Analysis was completed in September, 2002.

We note that the applicant originally submitted a Traffic Impact Analysis (TIA) in August 2001, that was prepared by Kimley-Horn and Associates, Inc. This former Traffic Impact Analysis was based on project build-out in 2002. Noting that the applicant’s decision to delay the project caused the Kimley-Horn Traffic Impact Analysis to become out-of-date, the applicant chose to pay to have a new Traffic Impact Analysis (TIA) prepared for this project by the Town’s Consultant, in accordance with the Town’s new TIA guidelines.

We note that the September, 2002 Traffic Impact Analysis was prepared with the assumption that the uses on the site would consist of an 85,500 square foot hotel with 120 lodging units. The applicant has since revised the proposal to reduce the hotel to 48,312 square feet with 80 lodging units, and include 3,000 square feet of office space and 3,000 square feet of residential space.

The Traffic Impact Analysis that was prepared by the Town’s Consultant in September, 2002, concluded the following:

“In general, the additional traffic generated by the proposed Residence Inn is expected to have minimal impact to the surrounding roadway network with the improvements that are planned under the superstreet design, the Dobbins Drive/Erwin Road project, and the improvements that are deemed necessary regardless of whether the site is built out.”

The Traffic Impact Analysis Summary for the Proposed Residence Inn is provided as an attachment to this memorandum. We believe that the road improvements noted previously under the Access and Circulation Section, and included in Resolution B, are consistent with the assumed improvements per the Traffic Impact Analysis.

Transportation Management Plan: We recommend that a Transportation Management Plan be submitted for this development. A Transportation Management Plan outlines measures for encouraging employees of a development to utilize alternative modes of transportation, minimizing traffic to and from the site. We have included a stipulation in Resolution B that a Transportation Management Plan be approved by the Town Manager, prior to issuance of a Zoning Compliance Permit.

Landscaping & Architectural Issues

Buffers and Landscaping: We provide the following table which illustrates the landscape bufferyards that are required by the Town’s Development Ordinance in comparison to the landscape bufferyards that are proposed by the applicant:

Western

Property Line-

Summerfield Crossing

Southern

Property Line – Dobbins Drive

Northern

Property

Lines

Eastern

Property Line –

Erwin Road

Required by Ordinance

20-Foot

Type ‘C’

30-Foot

Type ‘D’

20-Foot

Type ‘C’

15-Foot

Type ‘A’

Proposed by

Applicant

100-Foot

Type ‘C’

30-Foot

Type ‘D’

20-Foot

Type ‘C’

50-Foot

Type ‘D’

We note that the applicant is proposing to provide a substantial additional western buffer, in an effort to provide additional screening for residents in the Summerfield Crossing neighborhood (several of whom live in units that are very close to the shared property line). We also note that the applicant has designed the site to preserve several significant trees, including the 34-inch Willow Oak tree and 26-inch Maple tree located near the entrance to the development.

We note that the applicant has also agreed to provide a 50-foot buffer along the property’s Erwin Road frontage. This buffer width is consistent with the Erwin Road buffer that was previously approved on this site as part of the former Village Oaks Assisted Living Facility Special Use Permit.

These buffer widths are included in Resolution B. We have also included a stipulation in Resolution B requiring that the 24-inch Cedar tree located in the southwest corner of the site adjacent to the southern detention basin be preserved.

Building Elevations: We recommend that detailed building elevations, including the location and screening of all HVAC/Air Handling Units, be approved by the Community Design Commission, prior to the issuance of a Zoning Compliance Permit. This recommendation is included in Resolution B.

Lighting Plan: We recommend that a detailed lighting plan be approved by the Community Design Commission, prior to the issuance of a Zoning Compliance Permit. This recommendation is included in Resolution B.

Environmental Issues

Watershed Protection District: This area is not in a critical or protected watershed district.

Resource Conservation District: As previously noted, 2.26 acres of the site is located in the Resource Conservation District. This proposal does not involve land disturbance activity in the Resource Conservation District. We have included a stipulation in Resolution B that would prohibit land disturbance in the Resource Conservation District, in accordance with Article 5 of the Town’s Development Ordinance.

Stormwater Management: The applicant is proposing to manage stormwater on the site, through the use of two extended dry detention basins that would be designed to meet the Town’s requirement that the post-development stormwater runoff rate not exceed the pre-development rate.

We recommend that prior to issuance of a Zoning Compliance Permit, the applicant submit a Stormwater Management Plan for approval by the Town Manager. Based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, the post-development stormwater run-off rate shall not exceed the pre-development rate. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.

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 of in whole if, based on an approved Stormwater Management Plan, it is demonstrated that detention would intensify existing peak discharges or 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 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 B.

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 has been included in Resolution B. We note that a letter of credit is now required as part of this approval.

Utility & Service Issues

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

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

In accordance with Town Code, the proposed buildings will need to be sprinklered. We note that the Town seeks to maintain a 50-foot maximum distance between fire hydrants and fire department connections for sprinklered buildings (in a clearly visible and accessible location on the street side of buildings).

Refuse Management: The applicant proposes to provide a bulk refuse collection area on the site, to be serviced by the Town. The refuse area would be located at the western end of the southern parking lot. The applicant is proposing to provide two eight (8) cubic yard container for refuse. We believe that these two refuse dumpsters are sufficient to provide capacity for the site.

Recycling: The applicant proposes to provide a common refuse collection/recycling area on the site, at the western end of the southern parking lot. We believe that the applicant’s proposal provides adequate recycling facilities to service the needs for the overall site. We have included our standard stipulations in Resolution B requiring (1) that a Solid Waste Management Plan be developed for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit, (2) that all drive aisles which provide access to the compactor, future dumpsters and recycling facilities, be constructed with heavy duty pavement, and (3) that the following note be included on final plans; “prior to any construction activity on the site the applicant will hold a pre-construction conference with Orange County Solid Waste staff.”

Other Issues

Recreation Space: In accordance with the existing Development Ordinance, the applicant is required to provide recreation space for the four residential dwelling units proposed to be located in the northeastern portion of the site. In particular, the existing Ordinance requires that a minimum of 593 square feet of recreation space be provided for the proposed 3,000 square feet of residential space on the site. The applicant is proposing that the hotel’s recreational amenities, which constitute approximately 7,000 square feet of recreational space, including a pool, be utilized to fulfill this requirement. We believe that this is an acceptable approach to fulfilling the recreation space requirement of the Development Ordinance.

We have included a stipulation in Resolution B stipulating that the residents of these 4 dwelling units shall have access to the recreational amenities of the hotel facility.

Affordable Housing: The applicant is proposing that one of the four residential dwelling units (25%) proposed on the site shall be a permanently affordable unit. Accordingly, we have included stipulations in Resolution B that would restrict this affordable unit to ownership or rental by an individual or family earning 80% or less of the median income for the Raleigh-Durham-Chapel Hill Metropolitan Statistical Area (MSA), as provided by the U.S. Department of Housing and Urban Development (HUD).

SUMMARY

In addition to reviewing the application for compliance with the standards of the Development Ordinance and Design Manual, we provide the following analysis of the application with regard to the Town’s Comprehensive Plan and the findings required to approve a Special Use Permit Application.

Comprehensive Plan: This site is designated as low-density residential (1-4 units per acre) on the Land Use Plan that was adopted as part of the Comprehensive Plan on May 8, 2000. We believe that this proposal for a hotel is inconsistent with the adopted Land Use Plan. The applicant presents the argument that the application does meet other goals and objectives of the Comprehensive Plan. Several possible goals and objectives, including limited impervious surface, additional tax base, minimal impact on schools, and minimal impact on the provision of Town services are identified in the applicant’s attached Statement of Justification for this Special Use Permit application. We agree with several of the applicant’s points. On balance, however, we believe that the key point is that the Comprehensive Plan’s adopted Land Use Plan designates this site, specifically, for low-density residential development (1-4 units per acre). Consequently, we believe that the applicant’s proposal is inconsistent with the Comprehensive Plan.

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 the Council can make findings (a), (b) and (c). On balance however, we do not believe that addressing general statements and goals in the Comprehensive Plan is sufficient to override the specific designation given to this particular property by the approved Land Use Plan. Accordingly, we do not believe that the Council can make finding (d). We note that this is a policy determination, and that the Town Council may reach a different conclusion.

CONCLUSION

We believe that the proposal does meet the requirements of the Development Ordinance and Design Manual. On balance, we do not believe that the proposal conforms with the

Comprehensive Plan, and accordingly should be denied. Resolution A would deny the application.

If the Council believes that the proposal does conform with the goals and objectives of the Comprehensive Plan, then we believe that the proposal, with the conditions in Resolution B, would meet the requirements of the applicable sections of the Development Ordinance and Design Manual. Resolution B would approve the application with said conditions.

ATTACHMENT 2

Project Fact Sheet Requirements

Check List of Regulations and Standards

Special Use Permit Application

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

N/A = Not Applicable Prepared: November 15, 2002

ATTACHMENT 3

RESOLUTION A

(Manager’s Preliminary Recommendation,

and Planning Board Recommendation)

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT/ PLANNED DEVELOPMENT-MIXED USE FOR THE MARRIOTT RESIDENCE INN HOTEL

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit/Planned Development-Mixed Use application proposed by Summit Hospitality Group, Ltd., on property identified as Chapel Hill Township Tax Map 27, Block A, Lot 3 (PIN # 9799-48-0252), if developed according to the site plan dated October 8, 2002, the conditions in the Memorandum from Radway and Weaver dated November 12, 2002, and the conditions listed below, would not:

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, 14, and 18, 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, or that the use or development is a public necessity;

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

(INSERT ADDITIONAL REASONS FOR DENIAL)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for the Marriott Residence Inn Hotel as proposed by Summit Hospitality Group, Ltd.

This the _________ day of _______________, 2002

ATTACHMENT 4

RESOLUTION B

(Approving the Application)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT/ PLANNED DEVELOPMENT-MIXED USE FOR THE MARRIOTT RESIDENCE INN HOTEL

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

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

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

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

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Special Use Permit/Planned Development-Mixed Use for the Marriott Residence Inn Hotel development in accordance with the plans listed above and with conditions listed below:

Stipulations Specific to the Development

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

2. Land Use: That this Special Use Permit authorizes the construction of a Planned Development – Mixed Use including the following:

A. A two-story hotel building and associated one-story guest check-in building containing no more than 48,312 square feet of floor area, and a maximum of 80 lodging units;

B. A two-story building including 3,000 square feet of office floor area on the ground floor and 3,000 square feet of residential floor area, consisting of four one-bedroom dwelling units on the second floor; and

C. Associated recreational amenities including a pool.

3. Parking: That 95 parking spaces shall be provided on the site. All parking lots shall be designed to Town standards.

Required Improvements

4. Dobbins Drive Relocation and Reconfiguration: That public right-of-way be dedicated along Dobbins Drive to correspond with the North Carolina Department of Transportation’s plans for the relocation and reconfiguration of this roadway, and that the width of this right-of-way dedication be approved by NCDOT and the Town Manager, and the right-of-way dedicated, prior to issuance of a Zoning Compliance Permit.

5. Dobbins Drive Right-of-Way Dedication: That a 60-foot public right-of-way, or one-half of a 60-foot public right-of-way as applicable, be dedicated along Dobbins Drive prior to issuance of a Zoning Compliance Permit.

6. Dobbins Drive Realignment and Reconfiguration: That the portion of Dobbins Drive located west of Erwin Road (and along this property’s frontage) be realigned/reconfigured to line up with the eastern intersection of Dobbins Drive and Erwin Road. This realigned/reconfigured portion of Dobbins Drive shall be constructed to include 26 feet of pavement, curb and gutter, and a 5-foot concrete sidewalk along one side of the road. These improvements shall be constructed prior to the issuance of a Certificate of Occupancy.

7. Dobbins Drive – Existing Portion (No Reconfiguration Needed): That the portion of Dobbins Drive that is not involved in the NCDOT reconfiguration project be improved to include curb and gutter, and a five-foot concrete sidewalk. These improvements shall be constructed prior to the issuance of a Certificate of Occupancy.

8. Bus Stop on Dobbins Drive: That the developer either provide a bus stop including a bench and 5-foot by 10-foot pad on Dobbins Drive once this road is reconfigured; or, that a payment-in-lieu be provided for this bus stop, at an amount to be approved by the Town Manager, prior to issuance of a Zoning Compliance Permit.

9. Sidewalk from Parking Lot to Dobbins Drive: That a sidewalk be constructed from the southern parking lot to Dobbins Drive, in order to provide a direct pedestrian connection to Dobbins Drive and the required bus stop.

10. Erwin Road Right-of-Way: That one-half of a 110-foot public right-of-way be dedicated along this property’s Erwin Road frontage, and that the location of this right-of-way be approved by the North Carolina Department of Transportation and the Town Manager, and the right-of-way dedicated, prior to issuance of a Zoning Compliance Permit.

11. Erwin Road Improvements: That Erwin Road be improved to provide 44 feet of pavement width along this site’s frontage, including a bicycle lane, a left turn lane, curb and gutter, a three-foot wide planting strip, and a five-foot wide concrete sidewalk. These improvements shall be constructed prior to the issuance of a Certificate of Occupancy.

12. Bicycle Parking: That two (2) Class I (enclosed) bicycle parking spaces and eight (8) Class II (stationary ‘U’ rack) bicycle parking spaces be provided on this site.

Stipulations Related to State or Federal Government Approvals

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

Stipulations Related to Landscaping and Architectural Issues

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

15. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit; and that the Plan include Town standard notes and details.

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

Ø Western Property Line (Summerfield Crossing): Type ‘C’ landscape bufferyard (minimum width 100 feet);

Ø Southern Property Line (Dobbins Drive): Type ‘D’ landscape bufferyard (minimum width 30 feet);

Ø Northern Property Lines: Type ‘C’ landscape bufferyard (minimum width 20 feet); and

Ø Eastern Property Line (along Erwin Road): Type ‘D’ landscape bufferyard (minimum width 50 feet);

Alternative buffers will not be permitted.

17. Preservation of 24-inch Cedar: That the 24-inch Cedar tree located in the southwest corner of the site adjacent to the southern detention basin be preserved.

18. Building Elevations: That the Community Design Commission approve building elevations, including the location and screening of all HVAC/Air Handling Units for this project, prior to issuance of a Zoning Compliance Permit.

19. Lighting Plan: That the Community Design Commission approve a lighting plan for this project prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Environmental Issues

20. Land Disturbance in the Resource Conservation District: That land disturbance in the Resource Conservation District is prohibited in accordance with the rules and regulations of Article 5 of the Town’s Development Ordinance.

21. Stormwater Management Plan: That a Stormwater Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on 1-year, 2-year, and 25-year frequency, 24-hour duration storms, the post-development stormwater run-off rate shall not exceed the pre-development rate. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.

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.

22. 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. The easement must be recorded prior to 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.

23. 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.

24. 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.

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

Stipulations Related to Utility and Service Issues

26. Utility Plan Approval: That the final utility 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.

27. Underground Utilities: That all utility lines, other than 3-phase electric power distribution lines, shall be placed underground.

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

29. Sprinkler system: That a sprinkler system be provided in the proposed building, and that the Fire Marshal approve the Fire Department’s connections to the system prior to issuance of a Zoning Compliance Permit.

30. Fire Prevention: That all Fire Department safeguards and requirements be established and confirmed, and that the Department approve all fire hydrant locations, siamese connections, building evacuation capabilities, and fire truck access to the proposed building, prior to issuance of a Zoning Compliance Permit.

31. Refuse Collection Facilities: That a minimum of two bulk refuse dumpsters be provided to service the site; or, alternative refuse collection facilities be proposed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

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

Stipulations Related to Recreation Space

33. Recreation Space for Four One-Bedroom Dwelling Units: That residents of the four one-bedroom dwelling units shall have access to the recreational amenities associated with the hotel.

Affordable Housing Stipulations

34. That the developer shall identify and reserve no fewer than one of the four one-bedroom dwelling units as an “affordable unit,” in accordance with the following conditions:

A. If the affordable unit(s) is provide for private ownership, such opportunity shall be provided in accordance with the following conditions:

§ That the affordable unit shall only be available for private ownership and occupancy.

§ That the affordable unit shall be priced so as to be affordable for Qualified Buyers. Qualified Buyers shall be defined as individuals or families with gross incomes equal to 80% or less of the median income for the Raleigh-Durham-Chapel Hill Metropolitan Statistical Area (MSA), as provided by the U.S. Department of Housing and Urban Development (HUD).

§ Each Qualified Buyer shall deliver to the Developer written evidence, acknowledged in writing by the Orange Community Housing Corporation (or alternative organization as approved by the Town Manager), that such buyer has been officially determined to be a Qualified Buyer.

§ That mechanisms shall be established to guarantee that the affordable unit shall be permanently affordable and available to Qualified Buyers, subject to the approval of the Town Manager and the Orange Community Housing Corporation (or alternative organization as approved by the Town Manager), prior to the issuance of a Zoning Compliance permit.

§ That the affordable unit shall be constructed and available for occupancy, prior to issuance of a Certificate of Occupancy for the hotel.

B. Alternatively, if the affordable unit(s) is provided for rental, such opportunity shall be provided in accordance with the following conditions:

§ That eligible renters for affordable dwelling units shall include families earning 80% or less of median 3-person family income for the Raleigh-Durham-Chapel Metropolitan Statistical Area (MSA). Section 8 vouchers will be accepted for these units.

§ That rental rates shall not exceed current Section 8 Fair Market rents (including utilities) as published by the U.S. Department of Housing and Urban Development, according to the number of bedrooms in each unit (e.g. 2002 rate: 2 bedroom unit, $777/month).

§ That the owner and management company enter into a “good faith” marketing agreement to ensure that the affordable units are rented to eligible low-income renters. The owner shall work with local non-profit low income housing organizations to advertise affordable units and recruit eligible renters. The “good faith” marketing agreement shall be subject to the approval of the Town Manager and the Orange Community Housing Corporation (or alternative organization as approved by the Town Manager) prior to the issuance of a Zoning Compliance Permit.

§ That the recorded deed restrictions shall include a provision that if after working with local non-profits, owner/management company are unable to recruit eligible renters, they may rent such units to other renters without restrictions for up to 12 months, if written authorization is provided in advance for such rental units from Orange Community Housing and Land Trust (or alternative organization as approved by the Town Manager) and approved the Town of Chapel Hill.

C. That the applicant shall record deed restrictions to ensure that the affordable units remain affordable in perpetuity to low income owners or renters, subject to approval by the Town Manager and the Orange Community Housing and Land Trust (or alternative organization as approved by the Town Manager), prior to the issuance of a Zoning Compliance Permit.

D. That the affordable unit(s) be constructed and available for occupancy prior to the issuance of a Certificate of Occupancy for the hotel.

Miscellaneous Stipulations

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

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

q Provision for designation of a Transportation Coordinator;

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

q Quantifiable traffic reduction goals and objectives;

q Ridesharing incentives;

q Public transit incentives; and

q Other measures determined appropriate by the Town Manager.

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

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

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

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit/Planned Development-Mixed Use for the Marriott Residence Inn Hotel in accordance with the plans and conditions listed above.

This the _______ day of ______________, 2002.

ATTACHMENT 5

RESOLUTION C

(Community Design Commission Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT/ PLANNED DEVELOPMENT-MIXED USE FOR THE MARRIOTT RESIDENCE INN HOTEL

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

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

Stipulations Specific to the Development

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. Added Stipulation: That the entrance driveway off of Erwin Road be moved as far north as possible, subject to the approval of the Town Manager and the North Carolina Department of Transportation (NCDOT).

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/Planned Development-Mixed Use for the Marriott Residence Inn Hotel.

This the day of , 2002.

ATTACHMENT 6

RESOLUTION D

(Bicycle & Pedestrian Advisory Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT/ PLANNED DEVELOPMENT-MIXED USE FOR THE MARRIOTT RESIDENCE INN HOTEL

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

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

Stipulations Specific to the Development

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. Added Stipulation: That after Dobbins Drive is realigned, the old section of Dobbins Drive be converted to a bicycle and pedestrian path, in order to provide bicycle and pedestrian access to the US 15-501 intersection, subject to the approval of the Town Manager and the North Carolina Department of Transportation (NCDOT).

3. Added Stipulation: That improvements to Erwin Road be revised to include an additional 5-feet of right-of-way dedication, the realignment of the travel lanes and turn lanes on Erwin Road, and the construction of a northbound bicycle lane on the east side of Erwin Road, subject to the approval of the Town Manager and the North Carolina Department of Transportation (NCDOT).

This the day of , 2002.

ATTACHMENT 7

RESOLUTION E

(Defining Contiguous Property)

A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT/ PLANNED DEVELOPMENT-MIXED USE FOR THE MARRIOTT RESIDENCE INN HOTEL (2002-11-18/R-2)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, having considered the evidence submitted in the Public Hearing thus far pertaining to the Special Use Permit/Planned Development-Mixed Use application proposed by Summit Hospitality Group, Ltd., on property identified as Chapel Hill Township Tax Map 27, Block A, Lot 3 (PIN # 9799-48-0252), if developed according to the site plan dated October 8, 2002, and the conditions in the Memorandum from Radway and Weaver dated November 12, 2002, hereby determines, for purposes of Development Ordinance Section 18.3, Finding of Fact c), contiguous property to the site of the development proposed by this Special Use Permit application to be that property described as follows:

All properties within _______ feet of the site.

This the 18^th day of November, 2002.