AGENDA #6

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Concept Plan: Village Plaza Shopping Center Renovation

 

DATE:             February 9, 2004

 

 

Tonight the Council considers a proposed Concept Plan for the Village Plaza Movie Theatre.

 

On January 27, 2003, the Town Council approved a Special Use Permit for the Village Plaza Movie Theatre.  This proposal involves modifying the approved Special Use Permit.  In accordance with the Land Use Management Ordinance, there has been no staff review of this Concept Plan.


We recommend that the Council review this Concept Plan, receive comments from the Community Design Commission and citizens, and adopt a resolution transmitting comments to the applicant.

 

The attached memorandum for the Concept Plan proposal includes background information on the Concept Plan process, the applicant’s materials, and additional related information.

 

The Town Council granted expedited processing status for this proposal on January 28, 2004, and scheduled a Concept Plan Review for this business meeting.  A March 15, 2004 Public Hearing date with consideration for action on March 22, 2004 has been scheduled for the Special Use Permit Modification application. 


CONCEPT PLAN PROPOSAL

 

TO:                  W. Calvin Horton, Town Manager

 

FROM:            Roger S. Waldon, Planning Director

 

SUBJECT:       Concept Plan: Proposed Village Plaza Theatre

 

DATE:             February 9, 2004

 

 

INTRODUCTION

 

Attached is a proposal for Concept Plan review.  The applicant’s proposal involves modifying the Village Plaza Movie Theatre Special Use Permit approved by the Town Council on January 27, 2003.  The 11-acre site is located at 141 South Elliott Road.

 

 

 

PROCEDURAL BACKGROUND

 

On January 27, 2003, the Council enacted a Land Use Management Ordinance requiring that the Council conduct a Concept Plan Review for proposed development meeting specific land or floor area thresholds.  Applications (other than in Town Center) meeting any of the minimum thresholds as shown below require Town Council review in addition to Community Design Commission review:

 

            Characteristic                           Threshold Triggering Council Review

           

            Land Area                                            5 acres

            Floor Area                                           100,000 square feet

            # of Dwelling Units                               50 dwelling units

 

The Council has the opportunity tonight to hear this applicant’s presentation, receive a set of comments from the Community Design Commission, hear public comment, and offer suggestions to the applicant for consideration as further plans are drawn.  At the conclusion of the evening’s discussion, we recommend that the Council adopt a resolution (attached) transmitting comments to the applicant.

 

An excerpt from the Land Use Management Ordinance with a description of the process for Concept Plans is attached.

 

 

 

 

The Concept Plan review process does not involve staff evaluation of the proposal.  Review of the Concept Plan submitted is conducted by the Community Design Commission and, in some instances, Town Council, as noted above.

 

ELEMENTS OF REVIEW

 

A Concept Plan is a preliminary step toward the preparation of a formal development plan and application.  The Land Use Management Ordinance states that design and construction of site elements should include:

 

·          Appropriate descriptions and explanations of the relationships and balance among site elements;

 

·          The relationship of the development to natural features, neighboring developments and undeveloped land;

 

·          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 enhancements of vistas; and

 

·          Mitigation of traffic impacts.

 

The Town Council and Community Design Commission, in examining development applications, are to consider the various aspects of design, with special emphasis on whether the proposed development is consistent with the Town’s Design Guidelines and the Goals and Objectives of the Town’s Comprehensive Plan.  A work sheet for review of Concept Plans is attached for the Council’s use with this memorandum (Attachment 2). 

 

BACKGROUND

 

January 27, 2003 – the Town Council approved a Special Use Permit for the Village Plaza Movie Theatre.  A copy of the Special Use Permit is attached to this memorandum (Attachment 3).

 

January 28, 2004 – the Town Council approved a request for expedited processing status for this proposal.

 

This Concept Plan was reviewed by the Community Design Commission on February 4, 2004.  A copy of the Commission’s comments will be provided as soon as it is available.

 

DESCRIPTION OF THE APPLICATION

 

This Concept Plan proposes to modify a previously approved Special Use Permit for the limited purpose of removing the requirement to improve Driveway “D” along Elliott Road as indicated in Stipulation 4 of the approved Special Use Permit.  Driveway “D” is located on the adjacent property owner’s parcel just to the south of Red Hot & Blue restaurant.  An aerial photo of this driveway and surrounding development is included with this report (Attachment 4).   The applicant has been unable to reach an agreement with the adjacent property owner to allow this off-site work to occur.

 

The Land Use Plan, a component of the Comprehensive Plan, identifies this site as Commercial.  The site is located in the Community Commercial (CC) zoning district.  The property is within the Town limits and the Town Urban Services Area.  A Concept Plan is proposed in the context of the existing zoning for the site.  The property is located in Orange County.

 

A Concept Plan for this site was reviewed by the Community Design Commission on February 4, 2004.  A copy of the Concept Plan is attached to this memorandum (Attachment 5).  The Concept Plan before the Council is the same plan reviewed by the Community Design Commission. 

 

RECOMMENDATION

 

We recommend that the Council review this Concept Plan, receive comments from citizens, and adopt a resolution transmitting comments to the applicant.

 

ATTACHMENTS

 

  1. Excerpt from Land Use Management Ordinance of Concept Plan procedures (p. 6).
  2. Worksheet for Concept Plan review (p. 9).
  3. January 27, 2003 Clerk Certified Special Use Permit (p. 11).
  4. Aerial photo of driveway and surrounding development (p. 22).
  5. Concept Plan application materials (p. 23).
  6. Area Map (p. 31).
  7. Reduced Plans (p. 32).

A RESOLUTION TRANSMITTING COUNCIL COMMENTS ON A CONCEPT PLAN FOR THE VILLAGE PLAZA MOVIE THEATRE (2004-02-09/R-8)

 

WHEREAS, a Concept Plan has been submitted for review by the Council of the Town of Chapel Hill, for the Village Plaza Movie Theatre; and

 

WHEREAS, the Council has heard presentations from the applicant, and citizens; and

 

WHEREAS, the Council has discussed the proposal, with Council members offering reactions and suggestions;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council transmits comments to the applicant regarding this proposal, as expressed by Council members during discussion on February 9, 2004, and reflected in minutes of that meeting.

 

This the 9th day of February, 2004.