ATTACHMENT 2

 

ORIGINAL STAFF REPORT TO ADVISORY BOARDS

 

Some of the circumstances and/or recommendations in the original Staff Report, reviewed by Advisory Board, have changes. Please refer to the Staff Report Update (Attachment 1) for detailed discussion of changes to recommendations. The changes in the Staff Report are noted by underlines and strikeouts for inserted and deleted text respectively.

 

Date:               July 31, 2006 (Planning Board)

                        August 22, 2006 (Bicycle and Pedestrian Advisory Board)

                        August 24, 2006 (Transportation Board)

                        August 30, 2006 (Community Design Commission) 

                        September 6, 2006 (Greenways Commission)

 

Subject:      Starbucks at Eastgate Shopping Center - Application for Special Use Permit Modification (PIN 9799-25-5527)

 

INTRODUCTION

 

We have received a request for approval of a Special Use Permit Modification for a proposed general business use at the Eastgate Shopping Center. The application proposes to remodel a 1,920 square foot vacant service station at 1800B East Franklin Street. The 21,270 square foot site is located on the south side of East Franklin Street adjacent to Brueggers Bagels. No additional floor area is proposed. Twenty-three parking spaces are proposed. The site is located in the Community Commercial (CC) zoning district, the Resource Conservation District and is identified as part of Orange County, Chapel Hill Township Tax Map 45, Block C, Lot 3 (PIN 9799-25-5527).

 

A Special Use Modification is required in order to change the use authorized by the 1974 Special Use Permit and for the associated site changes.

 

BACKGROUND

 

October 7, 1974          The Chapel Hill Board of Alderman approved a Special Use Permit for an Amoco Service Station at 1800B East Franklin Street (Attachment 14).

 

May 9, 2000        A Zoning Compliance Permit was issued authorizing the installation of groundwater monitoring and remediation equipment.

 

November 10, 2003    The Town Council granted expedited processing for a Special Use Permit Modification application. The resolution included conditions associated with a Corrective Action Plan for site remediation measures involving soil contamination (Attachment ).

 

July 7, 2004:            Roger Waldon, the former Planning Director, wrote a letter dated July 7, 2004, stating that the applicant satisfied the conditions of the November 10, 2004 Council approved Resolution and may therefore proceed to Concept Plan review and receive expedited processing.

 

August 18, 2004         A Concept Plan review of this application was conducted by the Community Design Commission (Attachment 9).

 

October 14, 2004     A Zoning Compliance Permit was issued authorizing implementation of a Corrective Action Plan including the removal of the underground storage tank system and contaminated soils associated with the Service Station.

 

June 17, 2005           A Special Use Permit Modification application was submitted by Federal Realty to retrofit the former service station into a coffee shop.

 

EVALUATION

 

The Town staff has reviewed this application for compliance with the standards of the Land Use Management Ordinance and the Design Manual and offers the following evaluation.

 

Existing Conditions

Location: The 0.49-acre site is located adjacent to the East Franklin Street entrance to the Eastgate Shopping Center, southwest of the intersection of East Franklin Street and Fordham Boulevard. The site is located adjacent to Brueggers Bagels.

 

Existing Structures: There is a 1,920 square foot vacant building on the property. The structure formerly housed a service station. The service station was authorized by a Special Use Permit granted in 1974.

 

Vehicular Access and Parking: There are 2 points of vehicular access, one from the East Franklin Street frontage on the northern side of the site and one from Eastgate Shopping Center Drive on the southern side of the site. The site is vacant and no parking spaces are delineated.

 

The North Carolina Department of Transportation has control of a 200-feet wide public right-of-way at this location on East Franklin Street.

 

Pedestrian Circulation: There is a sidewalk on the north side of East Franklin Street across from the site. The sidewalk connects to the Booker Creek Greenway Trail. A crosswalk on East Franklin Street is located at the signalized intersection into the Eastgate Shopping Center. On the south side of Franklin Street a sidewalk provides pedestrian access into the shopping center.

 

Bus Stops, Routes: The CL and F bus routes serve the Eastgate Shopping Center from East Franklin Street and Fordham Boulevard respectively. A bus stop is located on the East Franklin Street frontage.

 

Topography, Drainage, Vegetative Cover: This site is flat with an average slope of less than 3 percent. The highest elevation is about 266 feet above sea level near East Franklin Street and the lowest elevation is about 261 feet near the east-west road on the southern side of the site.

 

Stormwater runoff occurs as sheet flow across the site. A portion of the site is located within the regulatory Floodway. The entire site is within the Federal Emergency Management Agency (FEMA) 100-year floodplain and the Town’s Resource Conservation District. The site is not located inside the Watershed Protection District.

 

The site does not include any specimen trees or tree stands.

 

Development Description

The applicant is proposing to retrofit the existing 1,920 square foot building into a convenience business. The proposal includes interior and exterior improvements. Modification to the existing building footprint or floor area is not proposed. Proposed improvements for pedestrian circulation include the construction of sidewalks and pedestrian cross-walks. The applicant is proposing 23 parking spaces and 3 bicycle parking spaces. The applicant is proposing an underground stormceptor, or equivalent device, to be installed in the southern part of the site for water quality improvement of stormwater runoff.

 

Concept Plan Review

A Concept Plan of the proposed development was reviewed by the Community Design Commission on August 18, 2004. A summary of the Community Design Commission comments is attached to this report (Attachment 9). The proposed development is below the intensity threshold requiring Concept Plan reviewed by the Town Council.

 

Ordinance Requirements

Zoning: The site is located in the Community Commercial (CC) zoning district. Except for the property adjacent to the northern property line, across East Franklin Street, which is zoned Office/Institutional-2 (OI-2) adjacent properties are zoned Community Commercial (CC). The site is also located within the Resource Conservation District.

 

Some of the permitted uses in the Community Commercial (CC) zoning district include automobile dealerships, commercial and office establishments, as well as park and ride lots. None of these uses are permitted in the Resource Conservation District.

 

Dimensional Standards: The proposed project meets the dimensional standards outlined in the Dimensional Matrix (Table 3.8-1) of the Land Use Management Ordinance for the Community Commercial (CC) zoning district, but does not comply with the dimensional floor area restrictions of the Resource Conservation District.

 

Transportation

Traffic Impact: A Traffic Impact Analysis (TIA) was prepared by the Town Consultant in accordance with the Town’s TIA guidelines. The purpose of this study is to determine the impact to the surrounding transportation system caused by the additional traffic generated by the proposed development, which is anticipated to be fully built out by the year 2007.

 

The findings of the TIA indicate that the additional traffic generated by the proposed Starbucks at Eastgate is expected to have minimal impact to the surrounding roadway network. No roadway improvements are recommended by the Town Consultant. A copy of the Transportation Impact Analysis Executive Summary is attached to this report (Attachment 14).

 

Signal Retiming: The applicant has provided a $2,000 payment to the Town for traffic signal retiming at the intersections of East Franklin Street and Fordham Boulevard / Ephesus Church Road. This type of payment is not typically provided until Final Plan review but the applicant provided it early, therefore no stipulation for signal retiming is required in Resolution A.

 

Eastgate Shopping Center Drive Vehicular Access Easement: The applicant is proposing to provide a public vehicular access easement on the Eastgate Shopping Center main driveway, to the Town of Chapel Hill. As proposed the easement will be 35 feet wide and will extend into the Eastgate Shopping Center for approximately 310 feet south, from East Franklin Street intersection. We recommend that the applicant provide a recorded 35-foot wide public vehicular access easement to the Town of Chapel Hill. We have included a stipulation to this effect in Resolution A.

 

Vehicular Access: The applicant is proposing to change the existing vehicular circulation pattern for this site. Proposed changes to vehicular access include:

 

  1. Modifying the existing non-signalized East Franklin Street driveway to a right-in/right-out access. The applicant is proposing to control the turning movements with a raised concrete curb (“pork- chop”);
  2. Eliminating one of two curb cuts onto Eastgate Shopping Center Drive; and
  3. Reducing the width of remaining curb cut on Eastgate Shopping Center Drive.

 

We support the applicant’s proposal to 1) provide right-turn in / right-turn out access to East Franklin Street, including a raised concrete pork chop driveway design, 2) eliminating one of two curb cuts onto Eastgate Shopping Center Drive, and 3) reducing the width of remaining curb cut on Eastgate Shopping Center Drive. We believe that these changes to access and circulation will improve traffic circulation and minimize traffic impacts around the site. We recommend that the final design of the East Franklin Street driveway be reviewed and approved by the Town Manager and the North Carolina Department of Transportation. We have included a stipulation to this effect in Resolution A.

 

Vehicular Parking: The minimum required parking for the proposed business convenience use is 12 parking spaces. This calculation is based on 46 proposed seats, with one parking space required per 4 seats. The applicant is proposing a total of 23 parking spaces, including 2 handicapped spaces.

 

 

The text immediately below has been changed from the original Staff Report.

 

The Town Council maximum parking policy specifies that the number of parking spaces not exceed 110% of the minimum number of required vehicular parking spaces. In this case 110% of the minimum required parking spaces (12) would be 13 parking spaces. The applicant has provided additional information indicating that the Eastgate Shopping Center site has 74 fewer vehicular parking spaces than the minimum required by Land Use Management Ordinance parking regulations. We therefore believe that it is reasonable for the applicant to exceed the minimum vehicular parking regulations on the proposed Starbucks site by 10 parking spaces, because the overall Eastgate Shopping Center site will still be 64 parking spaces short of the minimum required parking (Attachment 19). We recommend that no more than 23 13 vehicular parking spaces be provided, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

 

The text immediately below has been changed from the original Staff Report.

 

Bicycle Parking: The applicant is proposing a bicycle rack for 3 bikes, located immediately south of the proposed coffee shop. The minimum required number of bicycle parking spaces on this site required by the design manual is 10% of automobile spaces, or 1 space. We recommend that the applicant provide 3 Class II inverted ‘U’-type bicycle racks, to accommodate 6 bicycles, parking spaces, on the north side of the building, with wave-type bicycle racks in a well-lighted, covered location, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

 

Pedestrian Circulation: The applicant is proposing a 5 foot wide public sidewalk along the site’s East Franklin Street frontage. The proposal also includes several new sidewalks, crosswalks and crosswalk/speed table within the Eastgate Shopping Center development.

 

We recommend that the applicant provide a 5-foot wide sidewalk, including a handicapped ramp, along the site’s East Franklin Street frontage. We recommend that the improvements be designed to Town standard and be subject to Town Manager and NCDOT approval, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

 

We recommend that the applicant construct sidewalks, crosswalks and a speed table, within the Eastgate Shopping Center development, as proposed on the Special Use Permit site plan. We recommend that the improvements, including handicapped ramps were necessary, be designed to Town standard and be subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. We have included stipulations to this effect in Resolution A.

 

The text immediately below has been changed from the original Staff Report.

 

We recommend that the applicant provide “yield to pedestrians” signs in both directions at the speed table/crosswalk on Eastgate Shopping Center Drive, in both directions, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

 

We also recommend that the applicant provide a 5-foot wide sidewalk on the south side of Eastgate Shopping Center Drive, for approximately 15 linear feet, connecting the existing sidewalk on the main portion of Eastgate Shopping Center to the required speed table/striped pedestrian crosswalk. We have included a stipulation to this effect in Resolution A.

 

We recommend that the applicant provide 30-inch curb and gutter and extend the proposed 130-foot long, 5-foot wide sidewalk about 30 additional feet (for a total linear distance of 155 feet) towards Brueggers Bagels, with a handicap ramp. We recommend that these improvements be designed to Town standards and be subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. We have included stipulations to this effect in Resolution A.

 

We recommend that the applicant also extend the grassed planting area and vegetation to correspond to the above extension of proposed sidewalk and curb and gutter, shown as a cross-hatched area on the west side of the driveway from Eastgate shopping center drive into the site. We recommend that these improvements be designed to Town standard and be subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. We have included stipulations to this effect in Resolution A.

 

We recommend that all parking lots, drive aisles and parking spaces be designed to Town standards, subject to Town Manager approval, prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

 

The text immediately below has been changed from the original Staff Report.

 

Bus Stops and Routes: No improvements to the existing bus stop network are proposed with this application. Subject to NCDOT authorization, we recommend that the applicant provide bus-stop improvements for the existing bus-stop located on the East Franklin Street frontage, including a concrete pad behind the new sidewalk, a shelter, bench, and trash can. We recommend that the infrastructure be designed to Town standard and subject to NCDOT and Town Manager approval, prior to issuance of a  Zoning Compliance Permit Certificate of Occupancy. An NCDOT encroachment agreement must be provided and site plans approved by NCDOT and the Town Manager, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

 

Transportation Management Plan: We recommend that the applicant provide a Transportation Management Plan, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to that effect in Resolution A. According to Town guidelines, a comprehensive Transportation Management Plan should include:

 

a.       Quantifiable traffic reduction goals and objectives;

b.      Provisions for designation of a Transportation Coordinator;

c.       Provision for an annual Transportation Survey and Annual Report to the Town Manager;

d.      Ridesharing incentives;

e.       Public transit incentives; and

f.       Other measures subject to approval by the Town Manager.

 

A stipulation to this effect has been included in Resolution A.

 

Landscaping and Architecture

Specimen Trees: No significant tree stands or specimen trees have been identified on this site.

 

Buffers and Landscaping: The table below outlines the minimum landscape buffers requirements for the site and the buffers proposed by the applicant.

 

Landscape Buffers

Location

Ordinance Requirement (Min.)

Proposed Buffers

Northern Boundary

(East Franklin Street frontage)

30’ Type ‘D’ External Buffer

0-20’ Variable-Width Type ‘D’ External Buffer

Southern Boundary

(Eastgate Shopping Center Dr.)

None

0’-80’Varible-Width Buffer

Eastern Boundary

(adjacent to Bruegger’s Bagels)

 

None

 

A 30-foot wide type “D” external buffer is required along the East Franklin Street frontage of the site. The applicant is proposing a 0 to 20-foot type “D” variable width external landscape buffer along the East Franklin Street frontage (northern property line) of the site. The proposed buffer width does not meet landscape buffer requirements.

 

The applicant proposes to supplement the proposed bufferyard with plantings in the public right-of-way. Nearly the entire proposed landscape buffer on this frontage is located inside the North Carolina Department of Transportation right-of-way and an encroachment agreement will be required, as noted in the transportation section. We recommend that the applicant provide an alternate type “D” variable width external landscape buffer along the East Franklin Street frontage, subject to approval by the Community Design Commission. Supplemental plantings proposed in the public right-of-way are subject to Town Manager and NCDOT approval prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

 

The southern boundary of the site is internal to the Eastgate shopping center site. Landscape buffers are not required in this location by the Land Use Management Ordinance. The applicant has proposed a 0 to 80-foot type “D” variable width internal buffer along Eastgate Shopping Center Drive. We recommend that the applicant provide a 0 to 80-foot type “D” variable width internal buffer along Eastgate Shopping Center Drive. We have included a stipulation to this effect in Resolution A.

 

We recommend that the applicant provide a 5-foot wide planting strip around the building, according to Section 5.9.6(a) of the Land Use Management Ordinance, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

 

We recommend that all parking areas be screened from view in accordance with the provisions of Article 5.6 of the Land Use Management Ordinance. The screening plans shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

 

We also recommend that the applicant comply with Town parking landscaping standards in Section 5.9.6(d) of the Land Use Management Ordinance. The shading plan shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

 

We recommend that a detailed Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan must include a detail of protective fencing and construction parking and materials staging/storage areas. This plan must identify trees proposed for removal, and where tree protection fencing and/or silt fencing will be installed. We have included a stipulation to this effect in Resolution A.

 

We recommend that detailed landscape plans (including buffers), landscape maintenance plans, and parking lot shading requirements be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The landscape plan shall indicate the size, type, and location of all proposed plantings. We have included a stipulation to this effect in Resolution A.

 

Building Elevations and Lighting Plan: We recommend that detailed building elevations and a lighting plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit. We recommend that the Community Design Commission take additional care during review to ensure that the proposed lighting plan will minimize 1) upward light pollution and 2) offsite spillage of light. We have included a stipulation to this effect in Resolution A.

 

ENVIRONMENTAL

 

Corrective Action Plan and Remediation Agreement: On November 10, 2003 the Town Council adopted a Resolution granting expedited processing to Federal Realty for a Special Use Permit Modification application for the Starbucks at Eastgate development proposal (part of Attachment 11). The two conditions in the adopted Resolution required that Federal Realty:

 

1)      Implement a corrective action plan to remove leaking underground storage tanks and contaminated soils from the former Amoco service station site; and

 

2)      Agree to a legally binding document committing Federal Realty to more stringent site remediation actions than the State approved Corrective Action Plan if the Town of Chapel Hill requires such additional action prior to the approval of a Special Use Permit Modification.

 

The text immediately below has been changed from the original Staff Report.

 

The applicant, Federal Realty, submitted a letter on June 14, 2004 describing their fulfillment of the two above conditions. The Planning Director approved the applicant’s fulfillment of the conditions in a letter dated July 7, 2004, thereby permitting the applicant to proceed to Concept Plan Review and to submit a Special Use Permit Modification application. Federal Realty has provided documents pertinent to their request for expedited processing and they are part of Attachment 16.

 

We are currently reviewing compliance with the two conditions from the Council Resolution adopted November 10, 2003. We recommend that no action be taken by the Council until the documentation regarding site remediation has been recorded.

 

The text immediately below has been changed from the original Staff Report.

 

Floodplain/Floodway& Resource Conservation District: Booker Creek runs through a large culvert directly beneath the existing building proposed for remodeling as well as much of the Eastgate Shopping Center site. The current Federal Emergency Management Agency (FEMA) Revised Preliminary Flood Insurance Rate Map (revised January 11, 2006) identifies a portion of the proposed development site as being in the 100-year floodplain and the floodway.

 

The existing building has a special status and is permitted to continue according to Section 3.6.3(i)(4)A of the Town’s Land Use Management Ordinance, by Section 5-51 (28), Article IV of the Chapel Hill Code of Ordinances, and by the Federal Emergency Management Agency. An existing building can: In these circumstances an existing building can continue as is, or be renovated without any increase in floor area, and:

 

  1. With dry flood proofing, to 18 inches above the base flood elevation or elevating the structure 18 inches above the base flood elevation; or

 

  1. Without dry flood proofing, to 18 inches above the base flood elevation or elevating the structure 18 inches above the base flood elevation, thereby limiting proposed improvements to no more than 50% of the existing appraised value of the building (i.e. no substantial improvement). The appraised value of the existing structure cannot include the value of the land.

 

Given the importance of complying with State and Federal regulations, we believe it is crucial to verify the applicant’s method of flood-proofing or the estimated and actual costs of the improvements to the existing structure, to determine that no substantial improvement is occurring, as the proposal moves forward. Our understanding is that the applicant is proposing to dry flood-proof the building to 18 inches above the base flood elevation. The Town will request that the North Carolina Department of Emergency Management review dry flood-proofing plans prior to approval of a Zoning Compliance Permit.

 

  1. Continue as is; or

 

  1. Be renovated, without increasing the floor area, with proposed improvements not exceeding 50% of the existing appraised value of the building. The appraised value cannot include the value of the land.

 

If proposed improvements exceed 50% of the appraised value of the building, this is considered substantial improvement and is not permitted. The applicant has provided a determination of substantial improvement including the appraised value of the structure as well as an estimate of proposed improvements. The appraised value of the structure is $301,000 and the construction estimate for improvements is $149,520, falling just below the 50% maximum improvement of $150,500 (Attachment 8). The applicant has stated that there is no substantial improvement. The renovation is therefore permitted by the Chapel Hill Land Use Management Ordinance and the Federal Emergency Management Agency.

We recommend that the applicant certify that the proposed improvements will not involve substantial improvement prior to issuance of a Zoning Compliance Permit. We recommend that the applicant certify, including a detailed account of actual expenses for completed improvements, that no substantial improvement occurred, prior to issuance of a Certificate of Occupancy. We have included a stipulation to this effect in Resolution A.

 

Watershed Protection District: The site is not located in the Watershed Protection District.

 

Impervious Surface: The Land Use Management Ordinance allows applicants to deduct impervious surface area that existed on a development site as of January 27, 2003 from the proposed impervious surface to calculate the post-development percentage of impervious surface on a site. The post-development impervious surface is calculated by subtracting the existing impervious surface from the proposed impervious surface and divided that figure by the existing pervious surface on the site, as illustrated in the table below:

 

Impervious Surface Information

 

Gross Land Area

Existing Impervious Surface

Existing Pervious Surface

Proposed Impervious Surface

 

Proposed

Pervious Surface

Change in Impervious Surface

Area (Square Feet)

21,270 s.f.

20,457 s.f.

813 s.f.

18,033 s.f.

 

3,237

 

-2,424 s.f.

 

Percentage of Gross Land Area

100%

96.2%

3.8%

84.8%

 

15.2%

-11.4%

 

Section 3.6.4-1 of the Land Use Management Ordinance requires proposed development to comply with either a low density option (24% impervious surface limit) or a high density option (50% impervious surface limit). The applicant is proposing to increase existing pervious area on the site by 2,424 square feet (11.4%); therefore the applicant complies with the low density option and is not required to provide structural stormwater controls. We do, however, recommend stormwater quality improvements, as noted below.

 

Stormwater Management: The applicant is proposing to manage stormwater associated with the proposed development by replacing two existing drop inlets with Total Suspended Solids (TSS) removal devices. Impervious surface is being reduced by 11.4% and will therefore primarily use existing stormwater management facilities. We believe, based on the preliminary information submitted by the applicant, that the proposed stormwater management facility design will comply with the Land Use Management Ordinance stormwater standards for rate, quality and volume. We recommend that, prior to the issuance of a Zoning Compliance Permit, the applicant submit a Stormwater Management Plan for review and approval by the Town Manager. We have included a stipulation to this effect in Resolution A.

 

Erosion Control: The regulations require that a soil erosion and sedimentation control plan (including provisions for maintenance of facilities and modification of the plan if necessary), be approved by the 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. 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. We have included these standards in Resolution A.

 

UTILITIES AND SERVICE

Refuse Management: The applicant is proposing to use private refuse service for the collection of refuse and recycling materials. We recommend that prior to the issuance of a Zoning Compliance Permit, the Town Manager review and approve a refuse facility design that complies with Town of Chapel Hill and Orange County Solid Waste standards. We have included a stipulation to this effect in Resolution A.

 

We recommend that the final plans include dimensioned details as well as appropriate signage and lighting for the refuse area, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. These standard stipulations are included in Resolution A.

 

We recommend that prior to the issuance of a Zoning Compliance Permit, that the Town Manager review and approve a Solid Waste Management Plan, including provisions for private waste and recycling collection, management and minimizing of construction debris, and demolition waste.

 

Utilities: The Land Use Management Ordinance requires that detailed utility plans be reviewed and approved by OWASA, Duke Energy Company, Public Service Company, BellSouth, Time Warner Cable and the Town Manager prior to issuance of a Zoning Compliance Permit. Except for three phase power lines, the Ordinance requires that all new or relocated utility lines be located underground. We have included these standard stipulations in Resolution A.

 

Fire Safety: It is required that all driveway entrances be designed to meet the minimum unobstructed turning radii for fire apparatus access. It is required that the applicant provide a fire flow report, sealed by a professional engineer, which demonstrates compliance with Town standards for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit, for all proposed fire hydrants. We have included stipulations to this effect in Resolution A.

 

MISCELLANEOUS

Traffic and Pedestrian Control Plan: We recommend that a Traffic Management Plan for movement of motorized and non-motorized vehicles on any public streets (maintained and operated by the Town or the NCDOT) that will be disrupted during construction, including detour information and a Pedestrian Management Plan indicating how pedestrian movements on or adjacent to public rights-of-way will be safely maintained be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

 

SPECIAL USE PERMIT FINDINGS

For approval of a Special Use Permit Modification, the Council must make the following findings, as set forth in Article 4.5.2 of the Land Use Management Ordinance:

  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;
  2. That the use or development complies with all required regulations and standards of this Chapter, including all applicable provisions of the Land Use Management Ordinance;
  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; and
  4. That the use or development conforms with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.

Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made.

 

COMPREHENSIVE PLAN

The Land Use Plan, a component of the Comprehensive Plan, adopted by the Council on May 8, 2000, identifies this site as Commercial, thereby permitting the proposed business commercial use.

 

CONCLUSION

 

Based on information available at this stage of the application review process, we believe that the proposal, with the conditions in Resolution A, meets the requirements of the applicable sections of the Land Use Management Ordinance and Design Manual, and that the proposal conforms with the Comprehensive Plan.

 

Resolution A would approve the application with conditions. Resolution B would deny the application.