memorandum

to:

Roger L. Stancil, Town Manager

from:

J.B. Culpepper, Planning Director
Gene Poveromo, Development Manager

subject:

University of North Carolina Hospitals Imaging and Outpatient Center, 1350 Raleigh Road - Application for Special Use Permit

date:

March 23, 2009

INTRODUCTION

Tonight the Council continues the Public Hearing from February 16, 2009 regarding an application submitted by representatives from the University of North Carolina Hospitals. The application proposes a two-story building for clinic use, on a 2.5-acre site, at the intersection of Raleigh Road and Finley Golf Course Road. The site is located at 1350 Raleigh Road, in the Community Commercial (CC) zoning district, identified as Orange County Parcel Identifier Number 9798-44-1499.

We believe that based on the information in the record to date, the Council could make the findings required to approve the Special Use Permit application. We recommend that the Council adopt Revised Resolution A, approving the application.

DISCUSSION

We have identified the following key issues related to this development: cross-access traffic circulation, bicycle sensors at traffic signals, bicycle and pedestrian connectivity during construction, protection of specimen trees, erosion and stormwater control during construction, and Finley Golf Course Road transportation improvements.

 

1.      Traffic Circulation: As regards potential connecting traffic circulation in the parking lot, A Council member asked that we provide trip information and a staff assessment on which we based our recommended connections between the proposed University of North Carolina Hospitals Imaging Center site on Raleigh Road with 1) 54 East and 2) Prestwick Place. The Council member also requested a corresponding area-wide map of the University of North Carolina Hospitals Imaging Center site, East-54 and Prestwick Place with various points of access indicated.

Staff Comment: The Traffic Impact Analysis (TIA) for East 54 and the University of North Carolina Imaging and Outpatient Center included cross access between both developments.  Also, TIA analysis included a driveway connection between the parking lot of the Imaging Center and property south of the Imaging Center that connects to Prestwick Road.  Based on the TIA report, less than 20 vehicles are expected to use the two recommended cross access points in a peak hour period.  Most of the traffic on the University of North Carolina Imaging Center site is expected to be generated by that development and only a few vehicles are expected as connecting traffic.  The impact of the connecting traffic through the parking lot is minimal and staff recommendations for the two cross access points are consistent with the traffic impact analyses conducted for both developments. Please see area maps indicating traffic movements around the site (Attachment 1).

 

2.      Bicycle  Sensors: A Council member inquired if the applicant is going to provide bicycle sensors for traffic signals at Finley Golf Course Road and Burning Tree Drive at Raleigh Road?

 

Staff Comment: The East 54 developer is upgrading traffic signals at these intersections with bicycle-activated loops.

 

3.      Bicycle and Pedestrian Connectivity: A Council Member inquired how bicycle and pedestrian connectivity would be maintained during construction.

 

Staff Comment: A traffic and pedestrian control plan is stipulated in Revised Resolution A that requires the applicant to provide “a Work Zone Traffic Control Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction. The plan must include a pedestrian management plan indicating how pedestrian movements will be safely maintained.” We think that this condition will adequately maintain bicycle and pedestrian movement around the site.

 

4.      Tree Protection: A Council member requested that a chain link fence be placed around the large specimen trees in the northwest corner of the site to enhance protection during construction.

 

Staff Comment: We have added language requiring that chain-link tree protection fencing be placed around the four large-diameter significant trees in the northwest corner of the site for additional protection. Revised Resolution A has been revised accordingly.

 

5.      Erosion Control: A Council member inquired how erosion control and stormwater would be maintained during construction.

Applicant’s Response: The proposed Erosion and Sediment control plan calls for block and gravel inlet protection, a rip rap construction entrance, silt fence and reinforced silt fence outlets to treat sediment laden stormwater runoff prior to its discharge from the site boundary. Construction plans indicate that all erosion and sediment control measures shall be checked for stability and operation following every runoff-producing rainfall but in no case less than once every week. Any needed repairs shall be made immediately to maintain all measures as designed.   Regular sampling and qualitative observations of stormwater at all discharge points must be completed and recorded during construction.  

NCDENR, Division of Land Quality, will regulate the permit and conduct periodic inspections because the University of North Carolina Health Care is an entity of the State. In the event that the site is found to be out of compliance due to incorrectly installed or improperly maintained erosion and sedimentation control measures, the owner will be notified with a notice of non-compliance.   If non complaint issues are not corrected in a timely matter, NCDENR reserves the right to issue fines to the Owner on a per day basis until the site is brought into compliance.

Staff Comment: We concur with the applicant’s response and believe that the proposed erosion and stormwater control and oversight by NCDENR will provide adequate control of erosion and stormwater during construction with regular inspections by the on-site construction manager.

An additional issue was raised by the applicant after the February 16 Public Hearing by the applicant, as follows:

 

6.      Finley Golf Course Road Transportation Improvements: The applicant was concerned that NCDOT may require additional right-of-way on the Finley Golf Course Road frontage for the recommended 4-foot pavement widening for bicycle traffic. The applicant has indicated they are not able to provide additional right-of-way with the proposed site design.

 

Staff Comment: Staff met with an NCDOT official whose preliminary opinion is that additional right-of-way will not be required on Finley Golf Course Road. However, there cannot be certainty about the need for additional right-of-way, prior to reviewing detailed road cross sections during Final Plan review. For this reason we have revised the stipulation pertaining to Finley Golf Course Road transportation improvements to “construct an unmarked lane for bicycle travel, up to 4 feet wide, where possible, within the existing right-of-way…” that allows for flexibility. After the meeting with the NCDOT official, we think that it is unlikely that NCDOT will request additional right-of-way.

PROCESS

The Land Use Management Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Town standards; we have presented a report to the Planning Board; and tonight we submit our report and revised recommendation to the Council.

EVALUATION OF THE APPLICATION

Tonight, based on the evidence in the record thus far, we provide the following evaluation of this application based on the four findings of fact that the Council must consider for granting a Special Use Permit. We believe the evidence in the record to date can be summarized as follows:

 

Finding #1:  That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

 

Evidence in support:  Evidence in support of this finding includes the following points from the applicant’s Statement of Justification:

 

·         “The development site provides parking and excellent access to alternate transportation systems that currently serve the area. Existing bus routes include stops along Highway 54 that provide convenient access to the University, the University of North Carolina Hospitals and Chapel Hill Town Center. The proposed regional transit route will be approximately ¼ mile to the south of the site. Facilities for bicycle storage will be provided on the site as an integral part of the development.” [Applicant’s Statement]

 

Evidence in opposition:  We have not identified any evidence offered in opposition to Finding #1.

 

Finding #2:  That the use or development would comply with all required regulations and standards of the Land Use Management Ordinance;

 

Evidence in support:  Evidence in support of this finding includes the following points from the applicant’s Statement of Justification:

 

·         “An alternate landscape buffer is being proposed along Highway 54 to help retain and reinforce the existing tree lined entryway character. The proposal changes the required buffer from 30 feet to 22 feet and is in response to the Town Council’s request to provide more of a streetscape along Highway 54 and to preserve more of the existing grove of trees. The building was shifted on the site pushing it as close as possible to Highway 54 and Finley Golf Course Road to accommodate the alternate buffer. The proposed structure will provide screening to reinforce the alternate landscape buffer. The alternate landscape buffer will not adversely affect the site.” [Applicant’s Statement]

 

Evidence in opposition:  We have not identified any evidence offered in opposition to Finding #2.

 

Finding #3:  That the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity;

 

Evidence in support:  Evidence in support of this finding includes the following points from the applicant’s Statement of Justification:

 

·         “UNC Hospitals proposes that the property be used for imaging and outpatient services. The building on the site will be two stories, and encompass approximately 15,000 gross square feet per floor. The building will also allow for a mobile clinical unit, for services such as MRI or CT radiology to be accommodated adjacent to the building but tucked away from general view.” [Applicant’s Statement]

 

Evidence in opposition:  We have not identified any evidence offered in opposition to Finding #3.

 

Finding #4: That the use or development conforms to the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.

 

Evidence in support:  Evidence in support of this finding includes the following points from the applicant’s Statement of Justification:

 

·         “The architectural character of the proposed 2 story building will be designed to fit the Chapel Hill vernacular and development in the area. Design will include levels of architectural detailing to maintain sense of human scale and a welcoming environment.” [Applicant’s Statement]

 

·         “New screen planting, landscaping and the building setback will reinforce the desired streetscape and Town entryway character. The grove of trees will form a backdrop for the Imaging & Outpatient structure.” [Applicant’s Statement]

Evidence in opposition:  We have not identified any evidence offered in opposition to Finding #4.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued public hearing process. Please see the applicant’s Statement of Justification for additional evidence in support of the four findings.

SUMMARY

We have attached a revised resolution that includes standard conditions of approval as well as special conditions that we recommend for this application. With approval of these conditions, our recommendation is that the Council could make the finding necessary in order to approve the application for the Special Use Permit. Our recommendation, Revised Resolution A, incorporates input from all Town departments involved in review of the application.

Resolution A has been revised to include:

·         Raleigh Road Transportation Improvements: Clarification that NCDOT approval of designs is also required.

Finley Golf Course Road Transportation Improvements: Please see item #6 in the Discussion Section regarding the impact of a possible request for additional right-of-way.

·         Vehicular Connection to Prestwick Place: Clarification that a pedestrian connection is also required and that an NCDOT approval of designs is not required.

·         Greenway Trail Extension on Raleigh Road: Clarification that the trail surface will be asphalt.

·         Greenway Trail: Clarification of requirements including maintenance responsibilities.

·         Tree Protection Fencing Prior to Demolition: Clarification that a chain link fence is required around trees in the northwest corner of the site.

·         Construction Management Plan: Revision adding requirement for applicant to indicate how the project will comply with the Town’s Noise Ordinance during construction.

recommendation

Revised Staff Recommendation: We recommend that the Council adopt Revised Resolution A, approving the application for Special Use Permit.

Resolution B would deny the application.

ATTACHMENTS

1.      Area Map indicating traffic access (p. 21).

2.      Area Map (p. 22).

3.      February 16, 2009 Public Hearing Memorandum http://townhall.townofchapelhill.org/agendas/2009/02/16/1/1-memo.htm

 

 


The University of North Carolina Hospitals Imaging Center: Special Use Permit

DIFFERENCES AMONG RECOMMENDATIONS

 

 

ISSUES

Staff Revised

Recommendation

Planning

Board

Trans.

 Board

Community

Design

Commission

Bicycle and

Pedestrian

Advisory

Board

Greenways

Commission

Widen Finley Golf

Course Rd to

Accommodate

Bicycles

Yes, Along Frontage

of Site Up to 4 Feet

Without Additional

Right-Of-Way

*

*

*

Yes, Along

Frontage of

Site

 

*

$10,000 Payment-In-Lieu

to  Relocate Eastbound

Raleigh

Road Transit Facilities

Yes

No,

Relocate

Stop

No, Leave

Stop In

Current

Location

No,

Relocate

Stop

No, Leave

Stop

In Current

Location

No,

Relocate

Stop

Require Bus Shelter in

Addition to Previously

Requested Transit

Facilities

Yes

*

*

*

*

*

Revise Landscape

Protection Plan

Require Chain Link

Fence Around Trees

in NW Part of Site

*

*

Yes

*

*

Revised Construction

Management Plan to

Include Noise Ordinance

Compliance

Yes

*

*

*

*

*

*Issues not discussed, and therefore not included in the recommendation