ATTACHMENT 1
subject: Public Hearing: Woodmont Development– Application for a Master Land Use Plan (File No. 9798-04-71-8729)
date: May 12, 2008
Attached for your consideration is an application from Capital Associates for a Master Land Use Plan to allow 573,300 square feet of mixed use floor area (446,600 square feet of office; 148,900 square feet of residential; and 5,000 square feet of retail), at the Woodmont development on the south side of NC 54, between Barbee Chapel Road and Little John Road.
The Master Land Use Plan application is accompanied by a rezoning application (Zoning Atlas Amendment) to rezone the property from Neighborhood Commercial (NC) and Residential-2 (R-2) to Mixed Use-Village (MU-V) and a Special Use Permit application for Phase I of the proposed development. Please see accompanying memoranda.
Master Land Use Plan Process: The Master Land Use Plan process is intended to provide a procedure which can relate the general type, design, and layout of various proposed uses to a particular site. It is meant to provide the basis for more detailed development plans subsequently reviewed through the Special Use Permit process. Typically, a Special Use Permit application is submitted for each phase of site development.
The Master Plan procedure requires the Town staff to submit an analysis of the application and recommendation to relevant advisory boards and the Town Council. The advisory boards are to review the application and submit recommendations to the Council.
Once a Master Land Use Plan has been approved, no Special Use Permit application shall be approved unless it is consistent with the Master Land Use Plan. The Master Land Use Plan may be modified, through the same process as Master Land Use Plan approval.
The Land Use Management Ordinance states that all Master Land Use Plans shall demonstrate a high quality of overall site and building design. It also states that the design and construction of site elements include appropriate consideration of the relationship and balance among site elements, the relationship to natural features, neighboring developments, and access and circulation systems, retention of natural vegetation, minimal alteration of natural topography, mitigation of erosion and sedimentation, mitigation of stormwater drainage and flooding, arrangement and orientation of buildings and amenities in relation to each other and to neighboring developments and streets, landscaping, preservation or enhancement of vistas, and mitigation of traffic impacts.
Phasing Plan: Associated with this Master Land Use Plan application is an application to rezone the site to the Mixed Use-Village zoning district. The Mixed Use-Village section of the Land Use Management Ordinance requires that a Phasing Plan be submitted that specifies the stages of development build out. The applicant has submitted a Master Phasing Plan with three phases, including phased traffic improvements. The Phasing Plan indicates that Phase 1 includes five buildings (two office and three residential); Phase 2 includes two buildings (one office, one residential); and Phase 3 includes four buildings (with a combination of office and retail, the exact square footage to be determined with later approvals).
We recommend that the Phasing Plan indicate that demolition of existing buildings along NC 54 may occur in Phases 2 or 3. We have included a stipulation to this effect in Resolution A.
Please refer to the Future Master Land Use Plan Modification section below for more information about the applicant’s proposal.
EVALUATION
The Town staff has reviewed this application for compliance with the standards of the Land Use Management Ordinance and Design Manual and offers the following evaluation:
Site Description: The 35.54-acre site is a mostly-wooded flag-shaped property, with existing houses along Barbee Chapel Road, and some existing houses, warehouse buildings, and an abandoned brick building in the center of the site. The southern portion of the site includes tall pines with minimal understory; the center portion of the site is less wooded, with scattered groups of trees.
The site is in the Jordan Lake Watershed District. A portion of the site is in the Resource Conservation District. To the east of the property is Little John Road, zoned Residential-2 (R-2), to the west is Pearl Lane, also zoned Residential-2 (R-2), and to the south is the Alta Springs Apartment development, in Durham.
Development Description: The Master Land Use Plan proposal includes three development phases with eleven multi-story buildings, structured parking decks, 573,300 square feet of floor area and 1,602 parking spaces. Approximately 88,900 square feet of floor area is proposed as residential floor area and includes 105 residential units. Approximately 479,400 square feet are proposed as office/clinic, and 5,000 square feet retail floor area.
We believe the potential exists for pedestrian, bicycle and vehicular connections to the surrounding residential areas, much of which are within ¼ mile of the development (generally thought to be the average walkable distance). The proposed mixed use development provides employment and service opportunities for residents of adjacent neighborhoods, within the ¼ mile walkable radius. It is our understanding that subsequent Special Use Permit phases will include greater pedestrian and vehicular connectivity.
Concept Plan Reviews
Proposals for this project have been reviewed by the Community Design Commission and the Town Council. The table below compares some of the differences between the previous Concept Plan proposals with the current Master Land Use Plan application.
|
|
2005-6 Concept Plan Proposal |
2006-7 Concept Plan Proposal |
Current Master Land Use Plan |
|
Land Area |
33.23 acres |
33.23 acres |
35.54 acres |
|
Floor Area |
471,500 SF |
581,400 SF |
573,300 SF |
|
No. of Parking Spaces |
1,826 |
1,635 |
N/A |
|
Dwelling Units |
0 |
60 |
105 |
|
Affordable Units (percentage) |
|
|
15% |
|
Impervious Surface |
827,382 SF |
579,992 SF |
673,876 SF |
Prepared by the Chapel Hill Planning Department
TRANSPORTATION/ TRANSIT
Long Range Transit Plan: A consultant has been hired to prepare a Long Range Transit Plan. Although not completed at the time of the writing of this memorandum, it is anticipated that the Long Range Transit Plan may show this site as a potential location for higher density transit-oriented development. Because this site is one of the last pieces in the NC 54 corridor to be developed, the Long Range Transit Plan is expected to identify this site as a development/re-development opportunity area.
NC 54 Corridor Study: On March 26, 2007 a Council member presented a petition asking the Council to begin the process for a special corridor study for the NC 54 Corridor with Durham. The study would focus on the portion of NC 54 west of the Interstate 40 interchange and into Chapel Hill, addressing roadway capacity and development issues along the corridor and preparing strategies to reduce congestion. These strategies would include roadway, transit, bicycle and pedestrian improvements. It is anticipated that the study area would include NC 54 from just east of I-40 to Fordham Boulevard in Chapel Hill.
Mixed use and higher intensity development would be compatible with both local and regional transit service in the NC 54 corridor. The Town has based its socio-economic projections for the Durham-Chapel Hill-Carrboro 2035 Long Range Transportation Plan Update on the strategy of implementing transit oriented districts along several corridors, including the NC 54 Corridor.
The proposed study, which would include analysis of the Town’s regional connectivity as well as transit service, has received $200,000 in funding from the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization and has been included in the Durham City/County Planning Department fiscal year 2008-2009 work program. These funds include a $40,000 local match and it is anticipated that Chapel Hill will be asked to contribute a portion of the $40,000 local match. A final scope of work and details concerning the participation of Chapel Hill staff are yet to be worked out. The funds will be available as of July 1, 2008.
Comprehensive Transportation Analysis – Woodmont and Aydan Court: The Engineering staff has compiled a comprehensive transportation analysis to consider the combined impacts of two proposed developments in the NC54 corridor – Woodmont and Aydan Court. Aydan Court is a 59-unit residential development proposed to be located on the north side of NC 54, across from Woodmont. Please see the attached analysis, which combines and compares the findings of each Traffic Impact Analysis, and includes the recommended roadways improvements for Phases I, II, and III.
Conceptual Area Plan: We believe it would be appropriate to create a Conceptual Master Plan to guide future development of the entire area between Barbee Chapel Road and Downing Creek Parkway. The Town’s consultant for the Long Range Transit Plan has identified this area as a potential transit-oriented development site, and has created a conceptual plan that includes a park-ride facility, several short blocks, with commercial development along the edges of the major streets, and residential and office uses along the interior streets.
Although the Town consultant’s plan is not part of the applicant’s proposal, we believe it can serve as a reference for review of the application. The applicant’s proposal incorporates some elements of the transit-oriented design, but still has many features of a typical office development design. Therefore, although we might characterize the application as mixed use, we would not characterize it as transit-oriented.
Transit Payment-in-Lieu: The Town is researching the potential future option of accepting payments-in-lieu for transit amenities, but does not currently have a structure in place to recommend and/or accept such payments. Anticipating that such a structure will exist by the time the Woodmont Phase II application is received, we recommend that a payment-in-lieu be provided with the submission of the Phase II Special Use Permit application. We have included a stipulation to this effect in Resolution A.
Park and Ride: We have had discussions with the applicant regarding the provision of Park and Ride spaces at the site and believe that this location is appropriate for such a use, and helps to justify transit service to the site. We recommend that each Special Use Permit application include the requirement for dedicated Park and Ride spaces, with 100 spaces initially dedicated (prior to the first Certificate of Occupancy), and 50 dedicated; 50 variable in subsequent years. We recommend that an annual review by the applicant and Town Manager occur to evaluate the potential for a number of the 50 variable spaces to be given back to the applicant.
We have included a stipulation in Resolution A, requiring the dedication of 100 parking spaces for Park and Ride use, to be followed by an annual review with the potential to release up to 50 of these spaces back to the applicant.
ACCESS AND CIRCULATION
Vehicular Access: Access to the site is currently proposed from Barbee Chapel Road and from the main site driveway onto NC 54 (which crosses Stancell Drive). Vehicular circulation is proposed along a “main street” that connects Barbee Chapel Road to NC 54. A traffic circle creating access to short drives that branch to the east and west is also proposed. We recommend that the driving lanes of the “main street” between Barbee Chapel Road and NC 54 be designated as a public street. We have included a stipulation to this effect in Resolution A.
The applicant has labeled a segment of the property to the west as a “potential future access easement.” We recommend that in Phase II or III, the applicant provide public access easements or right-of-way to the east, south and west of the site. We have included a stipulation to this effect in Resolution A.
Angled On-street Parking: The applicant is proposing 133 angled on-street parking spaces, along the main street. We do not recommend on-street angled parking, and have included a stipulation against it in Resolution A.
NC 54 Hike/Bike/Greenway Trail: The applicant proposes extension of the existing hike/bike path/greenway that runs along the frontage of NC 54. We recommend that the portion of the path from Barbee Chapel Road to Little John Road be constructed in Phase II of the development. The walking trail should be located outside of any landscaped buffers, and signage should be included at entrances to the trail. We have included a stipulation to this effect in Resolution A.
Internal Pedestrian Trail: The applicant has proposed a pedestrian trail internal to the site, which runs around the perimeter of the site. Trail connections are proposed to the west and to the south. We recommend that these connections remain on the plans. We have included a stipulation to this effect in Resolution A.
Vehicular Parking: The Master Land Use Plan application is accompanied by an application to rezone the property to Mixed Use-Village (MU-V). The MU-V zoning district requires that the parking provided be 50% of the minimum parking requirements.
The MU-V provisions reduce the minimum number of vehicular parking spaces required to 718 spaces. The maximum number of vehicular parking spaces allowed is 1,989 spaces. Because the Master Land Use Plan is meant to be a conceptual plan, we do not recommend including specific parking numbers in the Resolution of approval.
TREES/LANDSCAPING/ RECREATION
Tree Preservation: Extensive tree removal is proposed. The application focuses on preserving the woodlands to the east and to the west, providing extension of the woodland areas on the adjacent single family residential properties. The applicant has indicated that “most of the existing ‘rare trees’ are tall and leggy as the result of maturing within a dense woodland.”
Landscape Buffers: A Type “C” 20-foot buffer is required and provided around most of the perimeter of the site, with the exception of two small portions of the perimeter, which are a Type “B” 10-foot buffer. Resolution A includes the following buffer requirements. See Master Land Use Plan for exact locations.
|
Location |
Bufferyard Required |
Applicant Proposal |
|
Portion of Southern Property Line; Portion of Property Line south of Pearl Lane |
Type “B” / 10’ wide |
Type “B” / 10’ wide |
|
All other Boundaries |
Type “C “ / 20’ wide |
Type “C” / 20’ wide |
Original staff comments included the request for additional information about proposed rare and specimen tree removal and recommended that the plans be revised to accommodate preservation of more of these trees. In response to this the applicant provided a comprehensive inventory of existing trees, including those to be preserved and removed, and an explanation of why so much of the site is proposed to be cleared, although no substantive revisions to the plans were proposed to retain more existing trees.
Considering the intensity of the proposed development, we believe that additional tree preservation may be difficult but we continue to believe that more significant efforts should be encouraged. We recommend that at the Final Plan stage the applicant provide a comprehensive tree planting plan showing the amount of the site that will ultimately be covered by tree canopy. This information could then be compared to an analysis of the existing canopy cover of the site, derived from the existing tree survey and aerial photographs, to determine how the development proposal addresses the overall objective to retain tree cover. For example, we do not believe it would be possible on this site to meet a goal of no net loss of trees, but believe that it is reasonable to recommend that an effort be made to preserve additional trees and canopy area. We have included a stipulation to this effect in Resolution A.
Recreation Space: The applicant is proposing to use the extension of the NC54 hike/bike path/greenway to meet recreation space requirements. The internal paths, as well as amenities such as loaner bicycles and showers in the office buildings are also proposed to help facilitate active recreation throughout the development. We recommend that the option of payment-in-lieu for recreation space remain available to the developer, if approved by the Town Manager. We have included a stipulation to this effect in Resolution A.
STORMWATER
Abandoned Pond: Originally we believed there was a pond on the site. However, documents provided by the applicant have shown the pond to have been drained, and without a connection to a downstream waterbody. A copy of the Town of Chapel Hill Stream Determination Report is attached.
Resource Conservation District: A small portion of the site is in the Resource Conservation District, surrounding a stream of unknown flow. We recommend that no land disturbance occur in the Resource Conservation District, and have included this stipulation in Resolution A.
Watershed Protection District: The property is in the Watershed Protection District and therefore must comply with either the low or high density option of intensity regulations. The Master Land Use Plan at build out proposes 40 percent impervious surface. This proposal would comply with the high density option which requires that the built-upon area not exceed 50 percent of the gross land area and the runoff from the first inch of rainfall must be controlled. We have included a stipulation to this effect in Resolution A.
Stormwater Management: The Master Land Use Plan application does not include specific stormwater improvements for the Master Land Use Plan as a whole. Improvements for future phases are proposed to accompany the Special Use Permit applications for those phases.
We recommend that future Special Use Permit applications comply with all stormwater management requirements in effect at the time the application is submitted. We also recommend that low impact design stormwater management techniques and approaches be integrated into the site plans. These design techniques are conservation-oriented and help to minimize/negate the impacts of increased impervious area on the environment. The goals of Low Impact Design are to maintain groundwater recharge and quality; reduce stormwater pollutant loadings; protect stream channels; and prevent increased flooding. This can be accomplished by providing stormwater controls that are decentralized and disconnected and that are also multi-functional.
We have included stipulations in Resolution A which require that the stormwater controls demonstrate compliance with Town and State regulations.
AFFORDABLE HOUSING AND ENERGY MANAGEMENT
Affordable Housing: The applicant is currently proposing 15% affordable housing, for the Master Land Use Plan and Phase I Special Use Permit. We recommend that the future Special Use Permit applications be subject to the Council’s most recent policy or ordinance (such as inclusionary zoning) regarding affordable housing. This recommendation has been incorporated into Resolution A.
Energy Management Plan: The rezoning application which accompanies this Master Land Use Plan application is subject to the Council’s resolution indicating the expectation that rezoning applications will include an Energy Management Plan that addresses energy efficiency and includes a 20%-more-efficient-than-ASHRAE feature and reflects the Town’s commitment to alternate forms of energy. The applicant has provided such an Energy Management Plan as part of the rezoning application.
We believe that the Energy Management Plan submitted by the applicant meets the general expectations of the Council for such a plan, and contains several state-of-the-art energy efficiency conservation technologies and strategies. Staff anticipates that the applicant will supply all of the deliverables listed in the Energy Management Plan at the time of Zoning Compliance Permit evaluation for the specific building(s) in each phase of development.
We recommend that the applicant provide a matrix for all Energy Management Plan specifics for each building in each phase. We also recommend that sealed engineering calculations which demonstrate the actual performance of each building compared to ASHRAE standards be submitted to the Planning and Inspections Departments no more than 30 days after the Certificate of Occupancy for each building has been issued. These recommendations have been incorporated into Resolution A.
UTILITIES
Orange Water and Sewer Authority (OWASA) long range planning objectives include a possible future water transmission main in the Woodmont area, which may be accomplished by splitting the water/sewer easement proposed by the applicant. We recommend that the applicant adjust the proposed water/sewer lines to reserve an easement for combined utilities, as proposed by OWASA.
OWASA has also requested that an area be set aside with an easement for a future water pump station, in the northeast corner of the site. We recommend that the applicant reserve such an easement as well.
We have included stipulations to this effect in Resolution A.
MASTER LAND USE PLAN REQUIRED FINDINGS
For approval of a Master Land Use Plan, the Council must make the following findings that the use would:
1. Maintain or promote the public health, safety, and general welfare;
2. Maintain or enhance the value of contiguous property, and
3. Conform to the Comprehensive Plan.
We believe that the Council can make these findings. Once a Master Land Use Plan has been approved, subsequent development, in accordance with the Master Plan, is to be approved as part of a Special Use Permit. If the Special Use Permit applications are consistent with the Master Plan, a rebuttal presumption is established that the development would:
1. Maintain or promote the public health, safety, and general welfare;
2. Maintain or enhance the value of contiguous property, and
3. Conform to the Comprehensive Plan.
FUTURE MASTER LAND USE PLAN MODIFICATION
Master Land Use Plan Modification: The Land Use Management Ordinance states that the following shall be considered a modification to the Master Land Use Plan that requires Council approval:
The applicant proposes that Master Land Use Plan Modifications be anticipated for Woodmont with Phases II and III, to allow for changed or changing conditions. We anticipate that such future modifications may include the location of one or more new buildings that could be located adjacent to the NC54 corridor and enhanced connectivity to the Pearl Lane neighborhood. We recommend that any future modifications emphasize internal and external connections, building design that encourages continuous street frontage and transit-oriented elements.
We recommend that the future Master Land Use Plan Modifications shall include:
We have included a stipulation to this effect in Resolution A.
CONCLUSION
We believe that the proposal, with conditions, meets the requirements of the applicable sections of the Land Use Management Ordinance and that the proposal fulfills the purposes of the Comprehensive Plan.
Resolution A would approve the Master Land Use Plan with conditions.
Resolution B would deny the request.