DRAFT 6/6/03 11am

AGENDA #9

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: University Application to Modify Development Plan

DATE: June 23, 2003

On Monday, June 16, the Council held a Public Hearing to consider an application from the University of North Carolina at Chapel Hill, requesting approval of a Modification of a Development Plan for the central campus. The Development Plan was originally approved by the Town Council on October 3, 2001. A copy of our June 16 memorandum and related attachments accompanies this memorandum.

This memorandum reviews the issues raised on June 16, and offers a revised recommendation for Council action. We also outline key procedural issues, and summarize the changes to the Development Plan that are requested.

A full set of application materials is available for review in the Town Clerk’s Office and in the Chapel Hill Planning Department. Materials can also be accessed through the Town’s website, http://www.townofchapelhill.org. A link at the bottom of the main page leads to materials describing UNC’s Development Plan and this application for a modification of the Development Plan.

In response to comments and discussion at the June 16 Public Hearing, the University is preparing information as requested. The material is not available at the time of publication of this memorandum; we understand that the information will be transmitted during the day on Thursday, June 19, and we will forward the materials when we receive them.

PROPOSED CHANGES

Proposed changes to the 2001 Development Plan are described and evaluated in the attached June 16 memorandum. A summary listing of the proposed changes follows:

· Delete previously proposed parking deck at Manning Drive/Fordham Boulevard

· Add a parking deck on Manning Drive near existing Health Affairs decks

· Add a parking deck/chiller plant near Cobb Dormitory and the Chapel Hill Cemetery

· Replace the existing Bennett building on Manning Drive with a larger building

· Establish new utility corridors

· Adjust design for proposed Student Family Housing along Mason Farm Road

PROCEDURES

The OI-4 zoning district allows minor changes to the Development Plan to be approved by the Town Manager. Major changes are considered to be Modifications, and go through the same review and approval process as an initial Development Plan application (90 day review period, final action by the Town Council following a Public Hearing). The ordinance states that the Town Council shall approve a Development Plan unless it finds that the proposed development would not:

1. Maintain the public health, safety, and general welfare; or

2. Maintain the value of adjacent property.

The University has prepared and submitted an application for a Modification of the Development Plan. That application is the subject of this memorandum. Notification of the application was mailed to property owners within 1,000 feet of the boundary of the area covered by the Development Plan approved in October 2001.

In the case of this application, the application was accepted early in April, 2003; accordingly, action is to be taken prior to July 5, 2003.

KEY ISSUES

The following issues were raised and discussed at the June 16 Public Hearing. We offer a staff comment on each.

Why Changes are Proposed: Several comments and questions at the June 16 Public Hearing focused on the reasons for these proposed changes to the 2001 Development Plan. We understand that University representatives are preparing responses to these questions, and will forward the information as we receive it.

Proposed construction dates for the Cobb Hall and Jackson Circle decks compared to previously approved construction timetable for the Manning Drive deck: The current application includes deletion of the previously approved 1,500 space Manning Drive parking deck and construction of the two new parking decks (Jackson Circle and Cobb Hall).

Information presented by the applicant indicates that some of the parking spaces lost with the deletion of the Manning Drive parking deck will be replaced by the two new proposed decks. During the Public Hearing it was noted that the proposed construction starting time for the Manning Drive deck (2007-2008) was several years after the proposed construction starting time (2004-2005) for the Jackson Circle and Cobb Hall decks. Council members questioned why the applicant was proposing to accelerated the construction timetable for these parking spaces by three years.

The Office/Institutional-4 regulations require that a Development Plan application provide information on the anticipated construction dates for proposed projects. The Development Plan application submitted by the University in 2001 and the current 2003 modification application included this information. The information for the 2001 Development Plan is shown on Map 2, Addendum 2, dated September 10, 2001. Map 2, Modification No. 1, Addendum No. 1, dated May 23, 2003 contains details on the current application.

Cobb Hall Deck: Application materials submitted by the University and comments received during the Public Hearing indicated that the Cobb Hall deck and adjacent chiller plant were anticipated and included on campus utility and master plans from 2001. However, when the University submitted the first Development Plan application in July 2001, these structures were not planned for nor shown within the eight year construction time period (2001-2008) proposed by that application.

Since receiving approval for the first Development Plan on October 3, 2001, the University completed a Campus Energy Systems Infrastructure Study that provided detailed information on energy loads of proposed future facilities and upgrade utility work to existing structures. According to information submitted by the University with this application, the energy study showed that a chiller plant facility, located on the campus master plan in the northeast area of campus, needs to be constructed earlier than anticipated.

We believe that the primary reason for the construction of this parking deck is directly related to the infrastructure study referenced above. We believe that some of the spaces lost at the Manning Drive deck will be reallocated to this facility.

In light of the fact that the energy needs of the University requires construction of the chiller plant next to the Paul Green Theater at this time, and the construction of the plant would accelerate the elimination of some existing surface parking spaces in this area, we believe it is reasonable to permit the construction of the Cobb Hall parking deck and chiller plant.

We understand that the University is preparing additional information regarding this proposed parking deck.

Jackson Circle Deck: In contrast to the Cobb Hall deck, the Jackson Circle deck is not identified on the University’s March 22, 2001 Master Plan. Instead, the Master Plan identifies a building in this location. Recognizing this discrepancy, the University stated during the Public Hearing that although the Master Plan does not identify a parking deck in this area, initial designs for this portion of the campus by University planners included a parking structure below the building shown on the master plan. Neither this building, nor the parking structure below it, was proposed as part of the 2001 Development Plan.

Initially scheduled for construction between July 2007 and June 2008, the Manning Drive parking deck was planned to provide 932 new parking spaces for employees. We believe that these parking spaces were designed to replace some of the existing employee parking on campus displaced by construction associated with the 2001 Development Plan. It is our understanding, based on conversations with and statements made by University officials, that due to its location away from the medical complex, the Manning Drive parking deck is viewed with disfavor by its intended users. In particular, due to its proposed location at the southern end of Manning Drive, it would be necessary to operate an employee shuttle service between the deck and the medical center. We believe that based on this employee response, the University decided to delete the Manning Drive deck, and replace those parking spaces with a new deck at Jackson Circle. We understand that the University is preparing additional information regarding this proposed parking deck.

Improvements to the Chapel Hill Cemetery: Council members and citizens expressed concerns with the impact of the proposed Cobb Hall deck and chiller plant on the Chapel Hill Cemetery. One speaker mentioned the deteriorating condition of the stone wall along the west and north property line. Others articulated concerns about additional pedestrian cut through traffic within the cemetery, and an increased probability of gravestone vandalism. Limited parking accessibility for cemetery visitors and landscaping buffers along the north property line were also stated concerns. A fence with locking gates was mentioned as a possible recommendation. Other recommendations for improvements to the cemetery were presented to the Council by several advisory board representatives.

As part of the Site Development Permit approval for the Cobb Hall deck and chiller plant, we recommend that authorization of this Development Plan Modification application require the University to undertake several improvements at the perimeter of the Chapel Hill Cemetery. Those recommendations are outlined below:

Stone Wall – The University shall rebuild and/or repair the stone wall along the western and northern edges of the cemetery to prevent vehicle access in this area.

Pedestrian Access – The University shall make improvements at the perimeter of the cemetery that effectively channel pedestrians towards the main center walk. Other pedestrian control mechanisms may include directional and informational signage.

Cobb Hall Deck/Chiller Plant Elevations: At the Public Hearing the University presented illustrative conceptual models, elevations and preliminary site plans of the proposed Cobb Hall deck and chiller plant.

We recommend that the elevations for the Cobb Hall deck and chiller plant, submitted with the Site Development Permit application, be generally consistent with these attachments and reflect the existing character of the area.

Gimghoul/Country Club Road Intersection: Traffic and Pedestrian Access: During the Public Hearing several citizens expressed concern about the increased vehicular traffic generated by the proposed parking deck. Describing existing traffic conditions at the Gimghoul/Country Club Road intersection, some speakers stated that the proposed deck will make it much more difficult to make a left turn onto Country Club Road from Gimghoul Road during the a.m. peak hour. One citizen stated that vehicles exiting onto Country Club Road during the p.m. peak hours may cut through the Gimghoul neighbor in order to bypass the traffic light at the South Road/Country Club intersection. Another speaker noted that the increase traffic will negatively impact the ability of pedestrians, especially handicapped individuals, to cross the street from Gimghoul to the Paul Green Theater and campus.

In light of the anticipated traffic impacts generated by the proposed Cobb Hall parking deck, we believe that improvements to the Gimghoul Road/Country Club Road intersection and the portions of Gimghoul Road are reasonable. We recommend that the University design and install a traffic signal with pedestrian count down heads at the intersection of Country Club Road and Gimghoul Road/Paul Green Theater Drive. We also recommend that the University design and construct handicapped accessible crosswalks at this intersection.

We recommend that these improvements be constructed prior to the opening of the Cobb Hall parking deck and that the final design of the improvements be reviewed and approved by the Town Manager prior to the approval of the Site Development Permit.

Pedestrian Access to Mass Transit on Manning Drive from Baity Hill: The submitted Development Plan Modification application includes a proposal to modify access and circulation around the Student Housing complex located around Baity Hill. Unlike the design approved on October 3, 2001, the current proposal does not include a vehicular access road between the Baity Hill development and Skipper Bowles Drive. Because this access road was deleted from the current application some Council members and citizens stated that Baity Hill residents are denied pedestrian access to the bus stop located in the Skipper Bowles park lot (Lot S-11). We recommend that pedestrian connection from Baity Hill to surrounding areas to the north and northeast be required as Site Development Permit applications are designed and submitted.

Access to Family Housing Building H-21: During the Public Hearing a citizen stated several concerns about proposed revision to Student Family Housing Building H-21. This site is located in a Perimeter Transition Area and was originally approved with the first Development Plan. The current application modifies the approved plan by relocating access from the west side to the east side of the building.

We do not recommend approval of the proposed modification to the Student Housing Family West Perimeter Transition Area (H-21). The proposed plan includes access on the east side of the site between the proposed building and the adjacent property. Discussions during the previous review and approval of this Transition Area in 2001 centered on access to this site and stipulated that vehicular access will be from the western side of the proposed building. The current proposal eliminates the vehicular access through the parking lot and relocates the access in an area stipulated on the 2001 approval as buffer area. We recommend adding a condition of approval requiring access to building H-21 from the west, similar to the plan proposed and approved in the 2001 Development Plan.

Construction Management (staging, traffic, parking): Several citizens expressed concerns about possible impacts of construction activity and traffic. We recommend requiring that a Construction Management Plan be prepared for the Family Housing project, to be submitted to and approved by the Town Manager, showing access, staging areas, parking areas during construction.

RECOMMENDATIONS

This application proposes to modify the Development Plan approved by the Town Council on October 3, 2001. The focus of evaluation has been on the changes proposed, and on the differences in impacts of the development proposed here, compared to the impacts of the development approved in 2001.

The Land Use Management Ordinance specifies that, when a Development Plan or a Modification of a Development Plan in the OI-4 zoning district is submitted, it shall be reviewed by the Planning Board. In addition to the Planning Board, the Transportation Board and Historic District Commission have chosen to offer comments for the Council’s consideration.

Planning Board Recommendation: On June 3, the Planning Board considered this application and voted 8-1 to forward a series of questions and concerns to the Council, for consideration during the Council’s discussions. A “Summary of Planning Board Action” is included in the June 16 materials, Attachment 4.

Transportation Board Recommendation: On June 3, the Transportation Board considered this application and voted 6-0 to forward a series of questions and concerns to the Council, for consideration during the Council’s discussions. A “Summary of Transportation Board Action” was presented on June 16, and is included in Attachment 2.

Historic District Commission Recommendation: On June 12, the Historic District Commission considered this application and voted 6-0 to forward a series of comments to the Council, for consideration during the Council’s discussions. A “Summary of Historic District Commission Action” was presented on June 16, and is included in Attachment 2.

Community Design Commission Recommendation: The Community Design Commission presented comments to the Council on June 16, and reported concerns about impacts on the Gimghoul neighborhood and the Chapel Hill Cemetery regarding noise, lighting, traffic, and buffers.

Manager’s Revised Recommendation: In response to discussion and comments at the June 16 Public Hearing, we have revised our recommended Resolution of Approval. The original recommendation, presented at the June 16 Public Hearing, appears here as Resolution B. Our revised recommendation, Resolution A in tonight’s packet, includes the following additions:

Additional requirements related to the Chapel Hill Cemetery, including rebuilding/replacing stone walls along the western and northern edges of the cemetery; designs to manage pedestrian traffic; designs for the façade of the parking deck/chiller plant to minimize impacts on the cemetery; and approval of a Construction Management Plan prior to the start of construction.

New requirement for a traffic signal, with pedestrian heads, at the intersection of Country Club and Gimghoul Roads.

Requirement for pedestrian connection from Mason Farm Family Housing to transit stop; requirement for fence between Family Housing and Smith Center; a requirement for a plan to place traffic monitors during special events; and a requirement for approval of a Construction Management Plan prior to the start of construction.

We also recommend that the Council direct the Town Manager to initiate action to restrict on-street parking in the Mason Farm Road neighborhood. Adoption of Resolution D would set this in motion.

We recommend that the Council approve this application with conditions, with adoption of Resolution A. We also recommend adoption of Resolution D, directing the Manager to initiate actions to manage on-street parking in the Mason Farm Road neighborhood.

Resolution C would deny the application.

ATTACHMENTS

1. Staff Comments on Informational Items Raised at June 16 Public Hearing (p. 25)

2. Copy of Handouts from June 16 Public Hearing (p. 27).

3. Correspondence Received Subsequent to June 16 Public Hearing (p. 54).

4. June 16 Memorandum and Attachments (p. 62).

Supplemental Information

Community Design Commission Action recommendation

Revised Resolution A

Manager’s Revised Recommendation

A RESOLUTION APPROVING AN APPLICATION FOR A DEVELOPMENT PLAN MODIFICATION NO. 1 FOR THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL (2003-06-23/R-20a)

WHEREAS, the Town of Chapel Hill and the University of North Carolina are bound by a shared history and desire a unified vision for the future; and

WHEREAS, the University serves as the economic mainstay of the Town while offering a wealth of services from cultural amenities to quality medical care; and

WHEREAS, the Town serves as an attractive and desirable home for faculty, staff and students while offering valued services to the University; and

WHEREAS, the University and Town recognize the need to allow for growth while mitigating transportation, environmental, noise, light, and other impacts; and

WHEREAS, the Chapel Hill Town Council enacted a new zoning district on July 2, 2001 to address the need to allow for growth while mitigating impacts, and applied this zoning district to the University’s Main Campus; and

WHEREAS, on October 3, 2001, after reviewing Development Plan materials submitted by the University, dated July 3, 2001, and Addenda dated August 7, 2001 and September 3, 2001 the Town approved a Development Plan that maps out future campus growth and addresses mitigation of impacts; and

WHEREAS, the University submitted a Development Plan Modification No. 1 application dated April 3, 2003 and Addenda dated May 23, 2003, seeking to amend the Development Plan approved by the Council on October 3, 2001;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that development proposed by the Development Plan Modification No. 1 application of The University of North Carolina at Chapel Hill, for property identified as parts of Chapel Hill Township Tax Maps numbered 71, 73, 74, 86, and 87, if developed according to the Development Plan Modification No. 1 dated April 3, 2003 and Addenda dated May 23, 2003 and Modification #1, Addendum #1, Map 4, dated June 3, 2003, and in compliance with the 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; and

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

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Development Plan Modification No. 1 in accordance with the plans listed above and with the conditions listed below:

General Stipulations

1. Relationship to 2001 Development Plan: This approval modifies the terms of the University of North Carolina at Chapel Hill Development Plan approved by the Town Council on October 3, 2001. Except as specifically authorized or modified by this document, the terms and conditions of the Development Plan Resolution as adopted by the Council on October 3, 2001, remain in effect.

2. Level of Development: This Development Plan Modification No. 1 approval represents preliminary authorization for demolition and construction of facilities as shown on “Modification No.1- Map 2 and Maps 6 and 7 Addendum No.1” from the “Development Plan Modification No 1 Addendum No 1,” dated May 23, 2003. Additional information is included in the April 3, 2003 “Development Plan Modification No. 1” and the “Development Plan Modification No. 1 Addendum No. 1,” dated May 23, 2003 modified by conditions outlined below.

In any case involving conflicting information, the controlling component of the “Development Plan Modification No. 1” shall be the Map called “Modification No.1 Map 2 Addendum No.1,” dated May 23, 2003. The controlling maps for Perimeter Transition Areas shall be “Maps 6 and 7 Addendum No.1” from the “Development Plan Modification No. 1 Addendum No. 1,” dated May 23, 2003.

3. Land Use: Unless otherwise modified by conditions herewith, this Development Plan Modification No. 1 authorizes the following:

A. As shown on “Modification No.1, Map 2 Addendum No. 1,” dated May 23, 2003:

· Removal of a parking deck (1,500 spaces) approved with the October 3, 2001 Development Plan and identified as structure P-7;

· Construction of a parking deck (800 space, 5-level) identified as structure P-10 Mod;

· Construction of an academic building (105,000 square feet) identified as structure O-3 Mod;

· Construction of a parking deck (600 space, 5-level) identified as structure P-9 Mod;

· Construction of a chiller plant (21,600 square feet) identified as structure I-3 Mod.; and

· Increased student housing floor area for structure H-21 from 24,300 square feet to 30,050 square feet.

B. As shown on “Map 6 and 7, Addendum No.1,” dated May 23, 2003:

· Construction of student housing (424,400 square feet) identified as structures H-13 through H-20.

C. Pedestrian corridor improvements as shown on “Modification No. 1, Map 5, Addendum No. 1,” dated May 23, 2003.

D. Pervious and impervious surface areas as shown on “Modification Map 3, Addendum No. 1,” dated May 23, 2003.

E. Utility corridor improvements as shown on “Modification No. 1, Map 4, Addendum No. 1,” dated June 3, 2003.

F. Area and parking space calculations for the following list of structures as shown by “Table 3 – The University of North Carolina at Chapel Hill Development Plan – Modification No. 1- Addendum No.1, Area Calculations for Proposed Buildings,” revised, dated June 16, 2003:

· Student Housing structures H-13 through H-21;

· Infrastructure structure I-3 Mod;

· Office structure O-3 Mod; and

· Parking deck structures P-7, P-9 Mod, and P-10 Mod.

4. Land Use Intensities: Land Use Intensities, authorized by the October 3, 2001 Development Plan, are modified as specified below:

Land Use Intensity	Development Plan Modification No. 1
Student Housing Floor Area	+ 147, 550 sq ft (increase )
Infrastructure Floor Area	+ 21,600 sq ft (increase)
Office Floor Area	+ 105,000 sq ft (increase)
Student Dwelling Units	+ 91 units (increase)
Parking	+ 29 spaces (increase)
Impervious Surface Area	- 0.9 acres (decrease)

5. Consistency of Site Development Permit Application with Development Plan Modification No. 1: No application for a Site Development Permit, for land use authorized by this permit within the boundary of this Development Plan Modification No. 1, as shown on the “Modification No.1-Map 2 Addendum No.1’” dated May 23, 2003, shall be approved unless such application is consistent with the Council-approved Development Plan Modification No. 1. Consistent does not mean identical; building footprints and landscaped areas shown on the Council approved Development Plan Modification No. 1, except as otherwise noted below for certain Perimeter Transition Areas, shall be considered to indicate approximate size and location.

6. Interpretation of “Modification No.1-Map 3 Addendum No.1:” “Modification No.1-Map 3 Addendum No.1” dated May 23, 2003 shall be considered to indicate, approximately, areas of pervious and impervious surface that will exist within the area covered by this Development Plan Modification No. 1 after full development has been completed. Except for incidental paving for walkways and fire lanes, areas shown as “Forest” and “Cleared Woodlands” will be expected to be pervious surface after full development, either with existing vegetation left undisturbed or with new vegetation planted and maintained, unless further specified by stipulations below.

Stipulations Related to Transportation

7. Requirements for Ongoing Data Collection and Analysis for Biennial Transportation

Impact Analysis:

a) Intersection Analysis: 2003 and subsequent Biennial Transportation Impact Analysis shall analyze the following additional intersections for existing, no-build, and build conditions Level of Service (LOS) in addition to the 34 intersections analyzed in 2002 Transportation Impact Analysis:

1. Franklin Street and Boundary Street

2. Franklin Street and Park Lane

3. Boundary Street and Battle Lane/Country Club Road

4. Country Club Road and Gimghoul Road/Theater Road

5. Manning Drive and Hibbard Drive

6. Manning Drive and Craige Drive

7. New East Drive/Dogwood Deck Exit and Entrance, including Jackson Circle Lot (S-6) Access

8. Mason Farm Road and Hibbard Drive

Existing A.M. and P.M. peak hour turning movement counts for the above intersections shall be undertaken on Tuesday, Wednesday or Thursday when school is in session.

b) Average Daily Count Analysis: 2003 and subsequent Biennial Transportation Impact Analysis shall include the following additional locations for existing, no-build, and build conditions Average Daily Traffic (ADT) Counts in addition to the 12 locations analyzed in 2002 Transportation Impact Analysis:

1. Franklin Street (west of Raleigh Street)

2. Franklin Street (east of Boundary Street)

3. Boundary Street (south of Franklin Street)

4. Mason Farm Road (east of South Columbia Street)

5. Mason Farm Road (north of Fordham Boulevard)

6. Purefoy Road (east of South of Columbia Street)

Existing counts for the above locations shall be undertaken on Tuesday, Wednesday or Thursday when school is in session.

c) 2020 Analysis of Average Daily Traffic (ADT) Counts with the Future Mason Farm Road Corridor: In addition to the existing, no build, and build analysis of average daily traffic counts, the 2003 and subsequent Biennial Transportation Impact Analysis shall include analysis of the projected 2020 average daily traffic counts for all the ADT counted locations with the future Mason Farm Road Corridor. Assumptions made in the projections of 2020 ADT analysis with the future Mason Farm Road Corridor shall be approved by the Town Manager. Results of the 2020 ADT numbers shall be provided in a table format.

8. Traffic Signal System Improvements:

a) Traffic signal timing plans for the Development Plan Modification No. 1, shall be studied and revised for all the intersections that are analyzed for Level of Service criteria. The revised timing plans shall be implemented in coordination with Town staff between June 13, 2003 and August 1, 2003.

b) The Franklin Street and Boundary Street signalized intersections shall be upgraded by replacing the existing 8” signal heads with 12” signal heads. The upgrade must be approved by the Town Manager and North Carolina Department of Transportation (NCDOT), and construction must be completed prior to the end of calendar year 2005.

The University shall be responsible for the above traffic signal system improvements.

9. Road Improvements: The University shall be responsible for constructing and implementing the following roadway and intersection improvements or their equivalent prior to the opening of the Cobb Hall-Performing Arts Center Parking Deck (P-9 Mod):

· Country Club Road/Gimghoul Road/Paul Green Theater Drive: The University shall design and install a fully actuated traffic signal with pedestrian countdown heads at the intersection of Country Club Road and Gimghoul Road/Paul Green Theater Drive. The design and installation of the traffic signal shall be approved by the Town Manager prior to installation.

· Boundary Street/Battle Lane/Country Club Road: The University design and reconstruct the Boundary Street/Battle Lane/Country Club Road intersection. The design and construction may incorporate a traffic signal. Such design shall include signal timing plans for the new signal. Alternatively, the University may consider a “round-about” or similar intersection redesign with or without a traffic signal. Prior to construction, the design must be reviewed and approved by the Town Manager.

If the University demonstrates that intersection improvements at this location are deemed unfeasible, the University shall investigate and implement other methods to mitigate the negative impact the proposed Development Plan Modification No. 1 would have on the intersections in this area. Subject to approval by the Town Manager, the mitigation measures shall be installed prior to the opening of the Cobb Hall-Performing Arts Center Parking Deck (P-9 Mod).

10. Signalized Intersections: The following signalized intersections shall be upgraded with pedestrian “count down” heads and remarked crosswalks prior to the opening of the Cobb Hall-Performing Arts Parking Deck:

· Cameron Avenue/Country Club Road and Raleigh Street

· Franklin Street and Boundary Street

11. South Road Sidewalk: Prior to the opening of the Cobb Hall-Performing Arts Parking Deck (P-9 Mod) the University shall construct a sidewalk along the north side of South Road, adjacent to the Old Chapel Hill Cemetery. The final design and location of the sidewalk shall be reviewed and approved by the Town Manager.

Stipulations Related to Site Development Permit Applications

12. P-10 Mod (Jackson Circle Parking Deck): The Site Development Permit for parking deck structure P-10 Mod (Jackson Circle) must include details on the proposed Fixed Guideway Corridor including potential room for a future transit stop/transfer station location.

Stipulation Related to Perimeter Transition Areas

13. P-9 Mod and I-3 Mod Perimeter Transition Area Designation (Cobb Hall Parking Deck and Chiller Plant): Approval of this Development Plan Modification No.1 shall designate the parking deck structure P-9 and the infrastructure structure I-3 Mod (Cobb Hall-Performing Arts Parking Deck and Chiller Plant) projects as a Perimeter Transition Area.

14. P-9 Mod and I-3 Mod (Cobb Hall Parking Deck and Chiller Plant): For P-9 Mod and I-3 Mod structures, the following additional stipulations shall apply:

a) Submittal of a Site Development Permit shall include detailed maps, similar to the Perimeter Transition Area Maps included in Modification No. 1 Addendum No.1 dated May 23, 2003. These maps must, at a minimum include the following information:

· OI -4 and surrounding zoning district boundaries

· Perimeter Transition Boundary Area

· Structures including existing and approved per the Development Plan and Development Plan Modification No. 1

b) This development site must comply with the following standards:

Mechanical Equipment: All mechanical equipment, both rooftop and ground locations, must be screened from view from the Cemetery.

Lighting and Noise: Parking deck and chiller plant must comply with the Noise and Light Performance Standards adopted by the Town Council on July 2, 2001.

Details confirming compliance will be provided in the Site Development Permit.

Building Height: Building mass of the parking deck and chiller plant shall be consistent with adjacent buildings. The tallest roof ridge elevation for the deck and chiller plant shall not exceed the roof ridge of the adjacent Cobb dormitory (except for elevator shafts, chimneys, mechanical equipment enclosures and parapet walls).

Landscape Buffer: A Type C buffer or equivalent, or alternate bufferyard approved by the Community Design Commission, shall be located between the building and the Old Chapel Hill Cemetery. The landscape buffer shall consist of a mix of evergreen and deciduous plant materials. Landscape details will be part of the Site Development Permit submittal. A type C buffer is typically 20 feet wide.

Cemetery Improvements: The present/former stone walls along the western and northern edges of the cemetery shall be repaired/rebuilt; design of the deck and chiller plant shall include provisions to channel pedestrian traffic to the main, center walk; the southern façade of the deck/chiller plant shall be designed in a manner that obscures views of parked vehicles, and the design shall reflect the character of the immediate area. Construction Management Plan shall be submitted to and approved by the Town Manager prior to the commencement of construction of the deck/chiller plant.

Transportation: Required improvements to the Country Club/South Road intersection and signalization of the Country Club/Gimghoul intersection shall be completed prior to the opening of the parking deck; signage shall be installed at egress points of the parking deck indicating western movements out of the deck to access South Road.

c) That the submittal of a Site Development Permit for the Cobb Hall-Performing Arts Parking Deck or Chiller Plant include verification that the North Carolina Department of Cultural Resources was involved in the planning process.

Student Family Housing East

15. Student Family Housing East - Perimeter Transition Area: For the Student Family Housing-East Perimeter Transition Area:

a) A Housing Corridor, between 60 feet and 73.5 feet wide, shall be established parallel to Mason Farm Road.

Above stipulation 14a) shall modify the 60-foot wide Housing Corridor width authorized by Option 1 Stipulation #32 in Development Plan Resolution adopted by the Town Council on October 3, 2001.

b) The submittal of a Site Development Permit application for the Student Housing Family-East Perimeter Transition Area shall include the following additional information:

· A street cross- section detail for Mason Farm Road. The scaled cross-section detail must identify the Housing Corridor, two Transit Corridors, reserved for future street or transit improvements and proposed utility corridors.

· A utility plan for the new utility corridor as shown on “Modification No.1-Map 4 Addendum No.1,” dated June 3, 2003. The plan must identify the type of utility, clearing limits and easement areas. The utility plan must include the areas between Manning Drive/Skipper Bowles Drive and the western edge of the Perimeter Transition Area as identified on “Modification No.1-Map 4 Addendum No.1.” The plan must verify that utility installation will not conflict with future roadway or mass transit corridor improvements.

· Baity Hill-Manning Drive Pedestrian Connection: That pedestrian connection from Baity Hill to surrounding areas to the north and northeast is required as Site Development Permit applications are designed and submitted.

· A pedestrian path connecting the new Family Housing to a transit stop.

· A Construction Management Plan, to be approved by the Town Manager prior to the start of construction.

· Replacement of the 10’ chain link fence to the north of the Family Housing site with a shorter, lockable fence to remain open except during special events.

· A plan, to be approved by the Town Manager, for placement of parking monitors during special events to limit parking in the adjacent residential neighborhood.

Student Family Housing West

16. Student Family Housing West (H-21) – Perimeter Transition Area: Except for those stipulations contained within this document modifying floor area, parking, dwelling unit numbers, impervious surface area and utility improvements, the proposed access changes to the Student Family Housing West Perimeter Transition Area, as proposed by this application, are not authorized. A Construction Management Plan shall be submitted to and approved by the Town Manager prior to the commencement of construction.

Miscellaneous Stipulations

17. Continued Validity: Continued validity and effectiveness of this approval is expressly

conditioned on the continued compliance with the plans and conditions listed above.

18. Severability: If any of the above conditions is held to be invalid by a court of competent jurisdiction, all other conditions shall remain valid and this approval shall remain intact.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Development Plan Modification No. 1 by the University of North Carolina at Chapel Hill.

This the 23^rd day of June, 2003.

Resolution B

A RESOLUTION APPROVING AN APPLICATION FOR A DEVELOPMENT PLAN MODIFICATION NO. 1 FOR THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL (2003-06-23/R-20b)

WHEREAS, the Town of Chapel Hill and the University of North Carolina are bound by a shared history and desire a unified vision for the future; and

WHEREAS, the University serves as the economic mainstay of the Town while offering a wealth of services from cultural amenities to quality medical care; and

WHEREAS, the Town serves as an attractive and desirable home for faculty, staff and students while offering valued services to the University; and

WHEREAS, the University and Town recognize the need to allow for growth while mitigating transportation, environmental, noise, light, and other impacts; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that development proposed by the Development Plan Modification No. 1 application of The University of North Carolina at Chapel Hill, for property identified as parts of Chapel Hill Township Tax Maps numbered 71, 73, 74, 86, and 87, if developed according to
the Development Plan Modification No. 1 dated April 3, 2003 and Addenda dated May 23, 2003 and in compliance with the conditions listed below, would: