AGENDA #3
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing: Castalia at Meadowmont – Application for Special Use Permit
DATE: June 19, 2006
INTRODUCTION
Attached for your consideration is an application for a Special Use Permit to construct a 76,000 square foot mixed-use building including 52,000 square feet of office floor area and 11 residential units. The proposal includes a three-story building with 177 parking spaces, including 17 garage spaces. Two points of access along West Barbee Chapel Road are proposed. The 4.2-acre site is located on the south side of the intersection of West Barbee Chapel Road and Old Barn Lane in the Meadowmont Development.
The site is zoned Mixed Use-Residential-1 (MU-R-1), is encumbered by the Meadowmont Master Land Use Plan, is located in Orange County, and is identified as Chapel Hill Township Tax Map 52, Lot 384. Along with this application, the applicant has submitted an application for a modification of the Meadowmont Master Land Use Plan. Please see the accompanying memorandum for the Master Land Use Plan Modification application.
Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of the application, and further to receive evidence which the Council may consider as the Council determines any appropriate conditions to impose upon the proposed development.
This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
Cover Memorandum: Introduces application, describes process for review, summarizes staff and advisory board comments, and offers recommendations for Council action.
Summary of Changes: Describes recent revisions to the staff report provided to the Advisory Boards.
Staff Report: Offers a detailed description of the site and proposed development, and presents an evaluation of the application regarding its compliance with the standards and regulations of the Land Use Management Ordinance.
Attachments: Includes a checklist of requirements for this development, resolutions of approval and denial, advisory board comments, citizen letters, and the applicant’s materials.
PROCESS
The Land Use Management Ordinance requires the Town Manager to conduct an evaluation of the Special Use Permit, 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 preliminary recommendation to the Council.
The standard for review and approval of a Special Use Permit application pursuant to an approved Master Plan involves consideration of consistency with the Master Plan and compliance with the Town’s regulations and standards. Evidence will be presented tonight. If, after consideration of the evidence, the Council decides that it can make the necessary finding, the Land Use Management Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making the finding, then the application cannot be approved and, accordingly, should be denied by the Council.
DESCRIPTION OF THE APPLICATION
This Special Use Permit application proposes to construct a 76,000 square foot mixed-use building including 52,000 square feet of office floor area and 11 residential dwelling units. The proposal includes a three-story building with 177 parking spaces including 17 garage spaces. Two points of access along West Barbee Chapel Road are also proposed. The 4.2-acre site is located on the south side of the intersection of West Barbee Chapel Road and Old Barn Lane in the Meadowmont Development.
Authorization of the proposed project would require Council approval of a modification of the Meadowmont Master Land Use Plan. Along with this application, the applicant has submitted an application for a modification of the Meadowmont Master Land Use Plan. Please see the accompanying memorandum for the Master Land Use Plan Modification application.
BACKGROUND
A Concept Plan review of this application was conducted by the Community Design Commission on January 16, 2002 and on December 15, 2004. The Town Council conducted a Concept Plan Review on January 19, 2005. Please see Attachments 18 and 19 for additional information.
EVALUATION OF THE APPLICATION
We have evaluated the application regarding its compliance with the standards and regulations of the Town’s Land Use Management Ordinance. We have prepared a Staff Report that offers a detailed description of the site and proposed development, and presents an evaluation of the application regarding its compliance with the standards and regulations of the Land Use Management Ordinance. A checklist describing compliance with regulations is also provided as an attachment to this memorandum.
Based on our evaluation, our preliminary assessment is, that with the recommended conditions in Resolution A, the application as submitted complies with the regulations and standards of the Land Use Management Ordinance and Design Manual. We believe the proposal conforms to the Comprehensive Plan.
Tonight the Council receives our attached evaluation, and also receives information submitted by the applicant and others. The applicant’s materials are included as attachments to this memorandum. Staff, applicant, and others may provide information at the Public Hearing. All information submitted will be placed in the record of this Public Hearing
In a typical Special Use Permit proceeding, the burden is on the applicant to present a case which allows the Council to make the required four findings for approving a Special Use Permit. The four findings are:
Special Use Permit – Required Findings of Fact
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;
Finding #2: That the use or development complies with all required regulations and standards of this Chapter, including all applicable provisions of Articles 3 and 5, the applicable specific standards contained in the Supplemental Use Regulations (Article 6), and with all other applicable regulations;
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; and
Finding #4: That the use or development conforms with the general plans for the physical development of the Town as embodied in this Chapter and in the Comprehensive Plan.
With Council approval of a conceptual Master Plan, however, if the Special Use Permit application is found to be consistent with the Master Plan, the burden regarding three of the four findings then shifts to those opposed to approval of the Permit. The Council must only make the finding that the proposed development complies with all applicable sections of the Land Use Management Ordinance. Evidence will be presented at the Public Hearing on this application. If the Council decides that the evidence does not support making the fourth finding, or if the Council finds that the application is inconsistent with the Master Plan, then the application cannot be approved and accordingly should be denied by the Council.
Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of, and in opposition to, this application. If, after consideration of the evidence, the Council decides that it can make the necessary findings, the Land Use Management Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making the necessary findings, then the application cannot be approved and, accordingly, should be denied.
KEY ISSUES
Our evaluation is included in the attached Staff Report. Based on the review of this development application by Town Advisory Boards and the Town staff, we believe that the key issues concerning this development are the following:
Consistency with the Approved Master Land Use Plan: The 1995 Meadowmont Master Land Use Plan allocates 52,000 square feet of retail and office floor area for this site. Because the Special Use Permit application is proposing to eliminate the retail floor area, add residential floor area and increase overall floor area by 24,000 square feet, the proposed development it is not consistent with the approved 1995 Master Land Use Plan.
Comment: Accompanying the Special Use Permit application is an application to modify the Meadowmont Master Land Use Plan. The applicant is proposing to modify the Meadowmont Master Land Use Plan in order to add floor area and change the types of permitted land use, as proposed by the submitted Special Use Permit application. Prior to considering the applicant’s Special Use Permit application, we recommend that the Council review the applicant’s proposal to modify the Meadowmont Master Land Use Plan. If the Council approves the proposed modification to the Master Land Use Plan, we believe the Special Use Permit application can be approved with conditions.
Building Location: During several meetings and discussions between the applicant and nearby property owners, concern was expressed about the possibility that the development of the site would include locating the proposed building either near or adjacent to West Barbee Chapel Road. Because a building located near the meadow edge would be highly visible from NC 54, the Community Design Commission recommended a building location that was moved away from the meadow while maintaining adequate setbacks from West Barbee Chapel Road.
In response to concerns expressed by neighboring property owners, the applicant is proposing to place the building near the edge of the existing meadow. On-site parking is proposed between the building and the edge of West Barbee Chapel Road. The applicant believes that the proposed location near the meadow respects the concerns of the neighborhood about the distance between the existing residences along West Barbee Chapel Road and the proposed building. The applicant also notes that the proposed building location minimizes the impact on topography and existing trees.
Comment: The site plan for the approved Master Land Use Plan shows parking along the street and a building near the meadow. We believe the site plan proposed by the applicant complies with the Master Land Use Plan design. We also believe that the proposed location of the building will allow for a site design that can incorporate the use of berms and landscaping in order to shield the parking lot from West Barbee Chapel Road.
Affordable Housing: The applicant has proposed 11 dwelling units as part of the application with two units being designated for affordable housing. The applicant is proposing that the two affordable units be available for rent to eligible renters earning less than 80 percent or less than the median income for a three-person family. The Transportation Board has recommended that the applicant make a payment-in-lieu equal to the cost of developing two affordable units.
Comment: The Council has expressed a desire that all Special Use Permit proposals that include a multi-family residential component provide an opportunity for affordable housing as stated by the goals and objectives in the Comprehensive Plan. Options for affordable housing discussed in the Comprehensive Plan include the provision of affordable housing units or substituting a payment-in-lieu thereof.
We have received a letter from Robert Dowling, the Executive Director of the Orange Community Housing and Land Trust dated June 13, 2006. In the letter, Mr. Dowling recommends that the applicant provide a payment-in-lieu of $180,000 to the Land Trust. Mr. Dowling describes how the payment would be used to subsidize six existing units in the Meadowmont development and make the units affordable to households earning less than 80 percent of median income.
We believe that the option described by Mr. Dowling is reasonable and complies with the affordable housing goals and objectives in the Comprehensive Plan. Resolution A includes a stipulation that requires the applicant to submit a payment in the amount of $180,000 to the Orange Community Land Trust prior to the issuance of a Zoning Compliance Permit. We recommend that the payment be used to reduce the base price of six units in the Meadowmont Greenway project in order to make the units affordable to households earning less than 80 percent of median income.
Parking Spaces: The Community Design Commission believes the proposed 177 parking spaces should be limited to a maximum of 150 spaces. They believe a maximum of 150 parking spaces will make the site more pedestrian friendly.
Comment: The minimum parking requirement for an office-type business in this zoning district is one space per 350 square feet of floor area. Based on the proposed office floor area, 149 parking spaces are required. In addition, two parking spaces per residential unit are required, totaling 22 parking spaces for a total of 171 parking spaces. The applicant is proposing 160 surface parking spaces and 17 garage parking spaces, for a total of 177 parking spaces. Parking spaces are proposed to be shared between residential and office uses. Clinical use would not be allowed with this proposal. We believe the applicant’s proposal is reasonable.
Pedestrian Connections: The applicant has proposed sidewalks through the site with access to West Barbee Chapel Road along both vehicle access points. The Bicycle and Pedestrian Advisory Board has proposed additional pedestrian access from the rear of the proposed building to West Barbee Chapel Road as close as possible to the eastern property line while taking into account the stormwater and buffer requirements. The Community Design Commission has also recommended that a Pedestrian Circulation Plan be developed for the site.
Comment: We believe the recommended additional point of pedestrian access would be desirable. Pedestrian connection to this point on West Barbee Chapel Road would facilitate pedestrian access to the Village Center. We have stipulated this improvement in Resolution A.
Lighting: Advisory Board comments expressed concern about spill-over lighting onto adjacent properties. The Transportation Board recommended including language stating that the lighting use the best possible technology within reason to avoid spill-over light to adjacent properties. The applicant has stated that the building will be served with low-dispersion lighting where possible and in a manner that seeks to have zero light dispersion off the property. The applicant has also stated that perimeter lights will be turned off as early as possible at night, consistent with safety, while some of the remaining building lights will be left on for employees or residents.
Comment: For this application, the lighting standards in Section 5.11 of the Land Use Management Ordinance apply. The applicant states their intention is to comply with existing Town policies regarding lighting standards. The Community Design Commission will also review the lighting plan prior to issuance of a Zoning Compliance Permit. We recommend that the applicant comply with the lighting requirements in the Land Use Management Ordinance.
SUMMARY
We have attached a resolution that includes standard conditions of approval as well as special conditions that we recommend for this application. With these conditions, our preliminary recommendation is that the Council could make the four findings necessary in order to approve the application. The Manager’s recommendation incorporates input from all Town departments involved in review of the application.
Following is a brief outline describing the next steps in the development review process, should the Council approve the Special Use Permit application for this site:
Applicant receives copy of Council-adopted resolution.
Applicant submits detailed Final Plans and documentation, complying with Council stipulations. Information is reviewed by Town departments and the following agencies (if applicable):
Community Design Commission reviews and approves building elevations and site lighting plans.
Any relevant access easement and right-of-way dedication plat(s) are approved by Town staff, and are recorded at the Orange County Register of Deeds Office.
Upon applicant’s demonstration of compliance with remaining Council stipulations, Town staff issues a Zoning Compliance Permit authorizing site work. Permit includes conditions specific to the development and requires pre-construction conferences with Town staff.
Engineering Department issues an Engineering Construction Permit, authorizing any work within the public right-of-way.
RECOMMENDATIONS
Stipulations added to Resolution A, the Manager’s Preliminary Recommendation:
Following Advisory Boards review of the application, the following recommendations were included in Resolution A, the Manager’s preliminary recommendation:
A) Parking Lot Lighting: That all parking lot lighting shall be designed to use the best possible technology within reason to avoid spill-over light to adjacent properties.
B) Parking Lot Materials: That the design of the parking areas shall use porous pavement for the parking areas, if reasonably possible. Parking lot surface materials shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
Comment: The Planning Board recommended including the above stipulation A). Please refer to the Key Issues section for additional information. The Community Design Commission recommended including stipulation B). We believe encouraging the applicant to reduce impervious surface is reasonable.
C) Pavement Markings: That the pavement markings shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
Comment: The Bicycle and Pedestrian Advisory Board recommended that bicycle route pavement markings through the parking lot should be eliminated or the bicycles should be routed away from the parked cars to avoid conflicts. We believe the pavement markings should be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
D) Pedestrian Access
1) ADA Sidewalk: That the applicant construct a pedestrian ramp on the opposite side of West Barbee Chapel Road to the southern driveway be constructed and provide a marked crosswalk between the ramp and the driveway subject to Town Manager review and approval.
2) Pedestrian Connection: That the applicant provide a pedestrian connection between the rear of the building and West Barbee Chapel Road as close as possible to the eastern property boundary while taking account of stormwater and buffer requirements subject to Town Manager review and approval.
3) Pedestrian Circulation Plan: That the applicant provide a pedestrian circulation plan indicating pedestrian access and connection to the street subject to Town Manager review and approval.
Comment: The Bicycle and Pedestrian Advisory Board recommended including first two stipulations. We recommend that the applicant install a handicap ramp at the opposite side of West Barbee Chapel Road as indicated. We believe the proposed additional pedestrian connection would reduce the walking distance to the Village Center and promote pedestrian activity. The Community Design Commission recommended including a proposed pedestrian circulation plan that would address pedestrian activity and would benefit the users of the site and promote pedestrian activity. Please refer to the Key Issues section for additional information.
E) Bus Stop and Pedestrian Access: That the Town Manager review and approve transit provisions including a provision for a bus shelter and improving pedestrian access to bus stops along the road prior to issuance of a Zoning Compliance Permit.
Comment: The Transportation Board recommended including the above stipulation in Resolution A. The closest bus stops are along West Barbee Chapel Road near Old Barn Lane and Little Branch Trail. We believe that an additional bus stop is warranted near the proposed development, on the south side of West Barbee Chapel Road. We recommend that prior to the issuance of a Zoning Compliance Permit the applicant either install or provide a payment-in-lieu for a bus stop, pad, bench and shelter. We also recommend that the location for the stop be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
F) Lighting Plan: That prior to issuance of a Zoning Compliance Permit, the applicant shall submit site plans and other required documents to satisfy the lighting requirements of the Land Use Management Ordinance including the submission of a lighting plan sealed by a Professional Engineer.
Comment: Please refer to the Key Issues discussion concerning lighting for additional information.
Advisory Board Recommendations not incorporated into Resolution A, the Town Manager’s Preliminary Recommendation
Advisory Boards recommended the following stipulations that are not incorporated into Resolution A:
A) Building Location: That the building is moved one-third the distance closer to West Barbee Chapel Road. That the Town Manager shall review and approve the location.
B) Parking Spaces: That the number of parking spaces is limited to 150 parking spaces.
Comment: Please refer to the Key Issues discussion for additional information on the above recommendations.
C) Affordable Housing: That the developer make a payment-in-lieu into an affordable housing fund equal to the cost of developing two affordable units.
Comment: Please refer to the Key Issues discussion concerning Affordable Housing for additional information.
D) Construction Activity-Hours of Operation: That construction activity associated with this development shall not occur prior to 7:00 am or after 7:00 pm, unless approved by the Town Manager.
Comment: The Planning Board recommended the above stipulation. The Town Code restricts construction operations to the hours of 7:00 am to 9:00 pm on weekdays and 8:00 am and 9:00 pm on weekends. We recommend compliance with the Town Code.
Recommendations from Advisory Boards and Town Manager are summarized below:
Planning Board Recommendation: On April 4, 2006, the Planning Board voted 4-3 to recommend that the Council approve this application with the adoption of Resolution B. Please see the attached Summary of Planning Board Action.
Transportation Board Recommendation: On May 16, 2006, the Transportation Board voted 5-1 to recommend that the Council approve this application with the adoption of Resolution C. Please see the attached Summary of Transportation Board Action.
Community Design Commission Recommendation: On May 17, 2006, the Community Design Commission voted 6-0 to recommend that the Council approve this application with the adoption of Resolution D. Please see the attached Summary of Community Design Commission Action.
Bicycle and Pedestrian Advisory Board Recommendation: On April 25, 2006, the Bicycle and Pedestrian Advisory Board voted 8-0 to recommend that the Council approve this application with the adoption of Resolution E. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.
Parks and Recreation Commission Recommendation: On April 28, 2006, the Parks and Recreation Commission voted 8-0 to recommend that the Council approve this application with the adoption of Resolution F. Please see the attached Summary of Parks and Recreation Commission Action.
Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary conclusion is that, with the stipulations in Resolution A, the application complies with the standards and regulations of the Land Use Management Ordinance.
Following tonight’s Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application. If the Council makes the required findings for approval of a Special Use Permit, we recommend that the application be approved with the adoption of Resolution A.
Resolution G would deny the application.
Castalia at Meadowmont
Special Use Permit
DIFFERENCES AMONG RESOLUTIONS
|
ISSUE |
Manager’s Preliminary Recomm. |
Planning Board Recomm |
Resolution C Transportation Board Recomm. |
Resolution D Community Design Commission Recomm. |
Bicycle & Pedestrian Board Recomm |
Resolution F Parks & Rec Commission Recomm |
|
Limit Construction Hours to 7:00 am - 7:00 pm |
No, use Town Code provisions |
Yes |
* |
* |
* |
* |
|
Affordable Housing |
Payment per Orange Community Land Trust |
Units on Site |
Payment-in-lieu |
Units on Site |
Units on Site |
Units on Site |
|
Bus Shelter & Ped. Access |
Yes |
* |
Yes |
* |
* |
* |
|
Relocated bldg closer to street |
No |
* |
* |
Yes (move 1/3 closer to street) |
* |
* |
|
Provide Ped. Circulation Plan |
Yes |
* |
* |
Yes |
Yes |
* |
|
Reduce number of parking spaces |
No |
* |
* |
Yes (maximum 150 spaces) |
* |
* |
|
Porous Pavement in parking lot |
Yes
|
* |
* |
Yes |
* |
* |
* Issue was not discussed at this particular meeting and is therefore not included in this Resolution.
ATTACHMENTS
