ATTACHMENT 1
STAFF REPORT
SUBJECT: Public Hearing: Woodmont on NC 54 East Phase I – Application for Special Use Permit (File No. 9798-04-71-8729)
DATE: May 12, 2008
INTRODUCTION
Attached for your consideration is an application from Capital Associates for a Special Use Permit proposing construction of a mixed-use development on 14.25 acres with 183,900 square feet of floor area, including 95,000 square feet of office and 88,900 square feet of residential, with 404 parking spaces. The site is located on the south side of Highway NC 54/Raleigh Road, between Barbee Chapel Road and Little John Road. The proposal involves demolishing or relocating existing residential structures and constructing five buildings. The property is located in Durham County, within the Town Urban Service Area, and is identified as Durham County Property Identifier Numbers 9798-04-71-8729, 9798-04-81-1816, 9798-04-82-6093, and a portion of 9798-04-82-9499.
BACKGROUND
December 14, 2005 The Community Design Commission reviewed the original Concept Plan proposal for the Woodmont Master Land Use Plan area.
February 20, 2006 The Town Council reviewed the original Concept Plan Proposal.
October 25, 2006 The Community Design Commission reviewed the revised Concept Plan proposal for the Woodmont Master Land Use Plan area.
February 19, 2007 The Town Council reviewed the revised Concept Plan proposal.
Copies of the Town Council and Community Design Commission Summaries of Concept Plan Review and the applicant’s response are attached.
EVALUATION
The staff evaluation of the Special Use Permit applicant will be discussed in this memorandum based on the assumption that:
1) The Master Land Use Plan will be approved by the Council; and
2) That the Zoning Atlas Amendment application, to rezone the site from Residential-2 (R-2) and Neighborhood Commercial to Mixed Use-Village, will be enacted by the Council.
Existing Conditions
Location: The site is located on the east side of Barbee Chapel Road, south of the intersection of Barbee Chapel Road and NC 54. To the south is the Alta Springs Apartment complex, to the east is the Sherwood Forest development, to the north is Pearl Lane, and across Barbee Chapel Road to the west is the Finely Forest development.
The property is currently located in the Residential-2 (R-2) zoning district and in the Watershed Protection District.
Existing Structures: Existing structures on the site include single family residences, warehouses, and an abandoned building.
Access and Circulation: Primary access to the southwestern portion of the site is from Barbee Chapel Road. Access to the rest of the site is currently from Stancell Drive/ NC 54.
Bus Stops: One bus stop exists along Stancell Drive, near the proposed site entrance. The Friday Center Park and Ride Facility is less than one mile from the site.
Topography, Drainage, and Vegetative Cover: The site slopes gradually to the south from NC 54 (and then back up). 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.
We have reviewed this application for compliance with the standards of the Land Use Management Ordinance and Design Manual and offer the following evaluation.
Development Description
This proposal is for the demolition of several existing buildings (three single-family structures, outbuildings and an abandoned brick building) on the site, in order to construct a mixed-use office development on a 14.25-acre site, as part of a Master Land Use Plan. The following floor area allocations are proposed: 88,900 sq. ft. residential (60 units) and 95,000 sq. ft. office. The proposal includes five 3-story buildings, an internal pedestrian path, bus stop, and traffic circle.
Proposed access is from Barbee Chapel Road. Internal circulation is proposed along the spine road, which terminates in a traffic circle (to be extended north to NC 54 in later Master Land Use Plan phases). Access to the below grade parking deck in Building E (office building) is from the west side of the building. Access to the below grade parking deck in Building A (office building) is from the east side.
Sidewalks are proposed along the internal street. The internal pedestrian trail intersects the internal trail between Buildings D and E.
The following table provides the proposed intensity of development.
|
Bldg.
|
Floor Area (Sq. Ft.) |
Use |
Residential Units |
Floors (above grade) |
|
A
|
35,000 |
Office |
N/A |
3 |
|
B
|
29,200 |
Residential |
20 |
3 |
|
C
|
29,200 |
Residential |
20 |
3 |
|
D
|
30,500 |
Residential |
20 |
3 |
|
E
|
60,000 |
Office |
N/A |
3 |
Prepared by Town of Chapel Hill Planning Department
Ordinance Requirements
Zoning: The proposed dwelling unit density, building height, and proposed floor area comply with the proposed Mixed Use-Village district land use intensity standards.
Phasing Plan: The Mixed Use-Village (MU-V) zoning district includes the requirement for a Phasing Plan. The applicant has proposed a phased development. This Special Use Permit application is for Phase I.
Grading Plan: We note that the Phasing Plan shows a smaller boundary for Phase I than the Special Use Permit Site Plan and Grading Plan. The Site Plan and Grading Plan boundaries incorporate land disturbance for the proposed stormwater improvements, including the abandoned pond. The size of the Phase I Special Use Permit application has been revised from 10.3 acres to 14.25 acres, to reflect the additional land disturbance.
Intensity Standards (floor area): The applicant is proposing 183,900 square feet of floor area; including 88,900 square feet of residential floor area (60 residential dwelling units) and 95,000 square feet of office-type business floor area. The proposed floor area is within the maximum permitted floor area of the proposed Mixed Use-Village zoning district.
Dimensional Standards (setbacks): In the Mixed Use-Village zoning district, 0-foot setback standards apply for the street, 0-foot setbacks for interior and 20-foot for solar setbacks. The proposal complies with the required setbacks.
Dimensional Standards (height): In the Mixed Use-Village zoning district, the maximum height limits for primary and secondary height limits are 85 (at the setback line) and 114 feet respectively. The proposal complies with the required height limits.
Recreation Space: The Mixed Use-Village zoning district requires that the applicant provide 27,625 square feet of recreation space. The applicant is proposing to provide 27,625 square feet of recreation space. We recommend that, prior to the issuance of a Zoning Compliance Permit the applicant submit details of the proposed recreation facilities for review and approval by the Town Manager. We have included a stipulation to this effect in Resolution A.
Affordable Housing: The Comprehensive Plan includes a goal that residential developments of 5 or more units provide 15 percent of the units at prices affordable to low and moderate income households. The applicant has proposed 15 percent affordable housing, or nine units. The applicant proposes to market the affordable units cooperatively with the Orange Community Housing and Land Trust.
We recommend that the applicant submit an Affordable Housing Plan that addresses: 1) the provision of affordable units; 2) the eligibility of owners; 3) the marketing of the units; 4) setting rates; 5) the assurance of the time period that units will be affordable; and 6) the assurance that units will remain affordable. We believe that the review and approval of an Affordable Housing Plan, by the Town Manager, prior to issuance of a Zoning Compliance Permit, will accomplish the affordable housing goal of the Town Council and those specified in the Town’s Comprehensive Plan. We have included a stipulation to this effect in Resolution A.
We also recommend that the applicant implement an affordable housing transfer fee system, whereby monies collected from a transfer fee associated with the sale/resale of properties are placed into a fund to pay condominium and townhome homeowners association dues for persons who acquire affordable housing. We have included a stipulation to this effect in Resolution A.
Schools Adequate Public Facilities Ordinance: The proposed development is located in Durham County and therefore not subject to the provisions of the Schools Adequate Public Facilities Ordinance.
Transportation
Comprehensive Traffic Analysis: The Woodmont development application is one of two current applications along the easternmost edge of the NC 54 Corridor (in Chapel Hill’s zoning jurisdiction) – the other being Aydan Court. Because of concern about the combined impacts of the two developments on traffic in the corridor, an analysis has been created, which combines the findings of each Traffic Impact Analysis (it should be noted that each Traffic Impact Analysis includes the other development in background traffic). Although the Traffic Impact Analyses encompassed the entire Master Land Use Plan area, some recommendations were specific to Phase I. Please see the Master Land Use Plan memorandum for the Comprehensive Traffic Analysis.
Phase One Roadway Improvements:
Improvements listed in the Comprehensive Traffic Analysis that are specific to Woodmont, and specific to the Phase I Special Use Permit are summarized below:
Traffic Signal Timing: We recommend that the applicant provide a payment-in-lieu for traffic signal timing at five intersections surrounding the site. See Resolution A.
Intersections: Improvements are recommended (and identified on the Special Use Permit plans) for the Barbee Chapel Road/Site Entrance intersection and the NC 54/Barbee Chapel Road intersection. These improvements include turn lanes and pedestrian/bicycle improvements.
Public Street with no Angled Parking: We recommend that the internal street that terminates in a traffic circle for Phase I (and transects the site for the Master Land Use Plan) be a public street, and that angled parking not be permitted.
Bus Transit: The Mixed Use-Village (MU-V) section of the ordinance states that “the applicant provide a bus stop…located within ½ mile of all dwelling units or office buildings…” Rather than requiring the applicant to provide a bus stop with Phase I, the Transit Department would prefer to receive payment for the bus stop, so as to have complete coordination of the timing of bus stop installation and service.
We have included a stipulation in Resolution A, requiring a payment-in-lieu for the Phase I bus stop.
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.
Vehicular Parking: The number of minimum required vehicular parking spaces for the combination of uses proposed is 176 (based on the 50% Mixed Use-Village requirement). The maximum parking authorized is 483 spaces. The applicant is proposing 404 spaces. We note that for the Master Land Use Plan, approximately 50% of the parking spaces are proposed to be structured, or covered spaces, and we understand that this approximate ratio would apply to the Special Use Permit parking as well.
Bicycle Parking: The Land Use Management Ordinance requires that this proposed development provide a total of 52 bicycle parking spaces. We have included a stipulation in Resolution A requiring the applicant to provide a total of 52 bicycle parking spaces and comply with the Class I and Class II bicycle parking standards of the Design Manual.
Transportation Management Plan: We recommend that a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit for the residential and office-type business portion of the development. The applicant has indicated interest in providing a shuttle to and from Meadowmont Village, in part to allow office employees at Woodmont to have lunch at Meadowmont without getting into their personal vehicles. We recommend that the Transportation Management Plan include traffic demand strategies for employees and residents of the site including items such as the Meadowmont shuttle, car sharing vehicles, and posted transit information. We have included a stipulation to this effect in Resolution A.
Landscaping and Architecture
Landscape Buffers: The Land Use Management Ordinance requires landscape bufferyards around the perimeter of the site. The following table indicates landscape buffers that are required by the Land Use Management Ordinance. The applicant proposes to meet the buffer requirements, as shown on the plans. We have included a stipulation to this effect in Resolution A.
|
Location |
Bufferyard Required |
|
|
|
|
Adjacent to Buildings B and C |
Type “B” / minimum 10’ wide |
|
All other boundaries |
Type “C “ / minimum 20’ wide |
Landscape Protection and Planting Plan: We recommend that detailed landscape planting and maintenance plans 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.
Building Elevations: We recommend that detailed building elevations be approved by the Community Design Commission, prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Lighting Plan: We recommend that a detailed lighting plan be approved by the Community Design Commission, prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Environmental
Energy Management Plan: The Council has an expectation that rezoning applications with accompanying Special Use Permit applications include an Energy Management Plan as part of the Special Use Permit application. The Energy Management Plan should address energy efficiency, including a 20%-more-efficient-than-ASHRAE feature and should reflect the Town’s commitment to alternate forms of energy. The applicant has provided an Energy Management Plan and commitment to energy efficiency. We have included a stipulation to this effect in Resolution A.
Watershed Protection District & Stormwater Management: The development is located in the Watershed Protection District and therefore must comply with either the low-density or high-density options of the Land Use Management Ordinance. The proposal would comply with the high density option which states that the built-upon area may not exceed 50 percent of the gross land area and the runoff from the first inch of rainfall must be controlled.
Phase I includes a stormwater basin just south of the driveway off of Barbee Chapel Road, and a temporary erosion control and stormwater facility to be installed in the abandoned pond (see Grading Plan section). We have included our standard stipulations in Resolution A regarding conformance with the regulations of the Watershed Protection District, and Town and State regulations.
Erosion Control: We recommend that an Erosion Control Plan for the site be approved by the Durham County Erosion Control Officer, and be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Resource Conservation District: A small portion of the southwestern corner of the site is in the Resource Conservation District, surrounding an ephemeral stream that becomes intermittent. No land disturbance is proposed in the Resource Conservation District. We recommend that no land disturbance occur in the Resource Conservation District, and have included a stipulation to this effect in Resolution A.
Abandoned Pond: There had been a pond on the site. Documents provided by the applicant have shown the pond to have been drained, and without a connection to a downstream waterbody.
Utilities and Services
Refuse Management and Recycling: The applicant proposes to provide four Town refuse and recycling facilities to serve the proposed office and residential buildings. The Land Use Management Ordinance requires that a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing of construction debris and demolition waste, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Utilities: Water and sewer lines are proposed to be installed under the spine road, along its entirety. The Orange Water and Sewer Authority has recommended that the applicant adjust the proposed water and sewer lines to reserve a corridor for a future water transmission main. We have included a stipulation to this effect in Resolution A.
The Land Use Management Ordinance requires that detailed utility plans be reviewed and approved by OWASA, Duke Energy Company, Public Service Company, AT&T, Time Warner Cable and the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Fire: We recommend that a fire flow report, that demonstrates compliance with Town Standards, sealed by an engineer registered in the State of North Carolina, be provided for review and approval by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
It is Town policy that all structures must be located within 500 feet of a fire hydrant. The Town also seeks to maintain a 50-foot maximum distance between fire hydrants and fire department connections located in a clearly visible and accessible location on the street side of buildings. We have included stipulations to this effect in Resolution A.
Construction Management Plan: We recommend that a Construction Management Plan and Traffic and Pedestrian Control Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
RELATIONSHIP TO MASTER LAND USE PLAN
The Land Use Management Ordinance states that “if a Master Land Use Plan is approved for a tract of land, and an application for a Special Use Permit is subsequently received, then the Special Use Permit application must be consistent with the master plan. If it is consistent with the master plan, a rebuttal presumption shall thereby be established that the proposed development would:
These are three of the four findings that must be made to approve an application for Special Use Permit. The fourth finding, “that the use or development conforms with the general plans for the physical development of the town as embodied in this appendix and in the comprehensive plan,” is the only finding that must then be made by the Council in order to approve the Special Use Permit application with an approved Master Land Use Plan.
SPECIAL USE PERMIT FINDINGS
|
Special Use Permit – Required Finding of Fact Finding #4: That the use or development complies with all required regulations and standards of the Land Use Management Ordinance. |
Upon review of the application and information that has been submitted to date, our preliminary recommendation is that this finding can be made.
Based on information available at this stage of the application review process, we believe that with the approval of the Zoning Atlas Amendment application to rezone the site from the current Residential-2 and Neighborhood Commercial districts to the Mixed Use-Village zoning district, with the approval of the Master Land Use Plan, and with conditions in Resolution A, the proposed Special Use Permit application complies with the requirements of the Land Use Management Ordinance.
Resolution A would approve the application with conditions.
Resolution B would deny the application.