memorandum
to: Roger L. Stancil, Town Manager
from: J.B. Culpepper, Planning Director
Gene Poveromo, Development Coordinator
subject: Public Hearing: Starbucks at Eastgate Shopping Center - Application for Special Use Permit Modification (PIN 9799-25-5527)
date: October 4, 2006
PURPOSE
We have received a request for approval of a Special Use Permit Modification for a proposed general business or convenience business use at the Eastgate Shopping Center. The application proposes to remodel a 1,920 square-foot vacant service station at 1800B East Franklin Street. The 21,270 square-foot site is located on the south side of East Franklin Street adjacent to Brueggers Bagels. No additional floor area is proposed. Twenty-three parking spaces are proposed. The site is located in the Community Commercial (CC) zoning district, the Resource Conservation District, the floodway, and is identified as part of Orange County Property Identification Number 9799-25-5527.
This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of the application, as the Council determines the appropriate requirements to include as conditions of approval.
PROCESS
The Land Use Management Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit Modification 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 preliminary recommendation to the Council.
The standard for review and approval of a Special Use Permit Modification application involves consideration of four findings (description of the findings follows below). Evidence will be presented tonight. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Land Use Management Ordinance directs that the Special Use Permit Modification shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.
BACKGROUND
A Concept Plan courtesy review of this application was conducted by the Community Design Commission on June 23, 2004. The application did not meet the land area (five acres), floor area (100,000 sq. ft.), or dwelling unit (50 units) threshold for Concept Plan review by the Town Council. See the attached summary of the Community Design Commission Concept Plan Review (Attachment 9).
DESCRIPTION OF THE APPLICATION
The applicant is proposing to retrofit a vacant 1,920 square-foot building at 1800B East Franklin Street into a convenience business. The proposal includes interior and exterior improvements. Modification to the existing building footprint or floor area is not proposed.
Proposed improvements include the construction of sidewalks and pedestrian cross-walks. The applicant is proposing 23 vehicular parking spaces and three bicycle parking spaces. The applicant is proposing an underground water quality treatment device, to be installed in the southern part of the site for water quality improvement of stormwater runoff.
We have evaluated the application regarding its compliance with the standards and regulations of the Town’s Land Use Management Ordinance. Based on our evaluation, our preliminary recommendation is that the application as submitted complies with the regulations and standards of the Land Use Management Ordinance and Design Manual, with the conditions included in Resolution A.
Tonight the Council receives our attached evaluation and information submitted by the applicant and citizens. The applicant’s materials are included as attachments to this memorandum. All information that is submitted at the hearing will be included in the record of the hearing.
Based on the evidence that is submitted, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit Modification and whether it chooses to approve the proposed modification of regulations.
The four findings are:
Special Use Permit Modification – 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 would comply with all required regulations and standards of the Land Use Management Ordinance;
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 to the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.
Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application.
KEY ISSUE
We have identified one key issue associated with this development, discussed below.
Redevelopment in the Regulatory Floodplain and Floodway: Booker Creek runs through a large culvert directly beneath the existing building proposed for remodeling and under portions of the Eastgate Shopping Center site. The current Federal Emergency Management Agency (FEMA) Revised Preliminary Flood Insurance Rate Map (revised January 11, 2006) identifies a portion of the proposed development site as being in the regulatory floodplain and floodway.
Because this structure has been located within a floodway and floodplain for a number of years prior to the enactment of current flood plain regulations, the existing building has a special status. According to Section 3.6.3(i)(4)A of the Town’s Land Use Management Ordinance, Section 5-51 (28), Article IV of the Chapel Hill Code of Ordinances, and the Federal Emergency Management Agency, the existing building is permitted to remain in the floodplain/floodway.
A building with such special status can continue as is, or may be renovated, if no new floor area is proposed, under the following conditions:
Comment: It is our understanding that the applicant is proposing to dry flood-proof the building to 18 inches above the base flood elevation.
We recommend that the applicant comply with State and federal regulations pertaining to redevelopment in the federally regulated floodplain or floodway and comply with one or more of the three options noted above. If the applicant intends to comply with the regulations by incorporating dry flood proofing construction, we recommend that the applicant provide certification by a licensed professional engineer for dry flood proofing protection to 18 inches above base flood elevation. If the applicant intends to limit improvement to the building, we recommend the applicant submit certification by a licensed appraiser to verify that no substantial improvement to the structure is proposed.
We recommend that such certification be subject to Town Manager approval in pre-construction and post-construction conditions, prior to issuance of a Zoning Compliance Permit and Certificate of Occupancy, respectively. A stipulation to this effect is included
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. Our recommendation, Resolution A, incorporates input from all Town departments involved in review of the application.
The following is a brief outline describing the next steps in the development review process, should the Council approve the Special Use Permit Modification application for this site:
The applicant submits detailed final plans and documentation, complying with Council stipulations. Information is reviewed by Town departments and the following agencies (if applicable):
RECOMMENDATIONS
Stipulations Revised in Resolution A, Our Preliminary Recommendation:
Following Advisory Boards’ review of the application, the following recommendations were included in Resolution A, the preliminary recommendation:
A. Compliance With State and Federal Floodplain Regulations: That the applicant shall comply with State and federal regulations pertaining to redevelopment in the federally regulated floodplain and floodway. That the applicant shall provide 1) certification by a licensed professional engineer for dry flood proofing; or 2) elevation of the structure, to provide structural protection to 18 inches above base flood elevation, or 3) certification by a licensed appraiser to verify that no substantial improvement to the structure is proposed. That the applicant shall provide certification, subject to Town Manager approval in pre-construction and post-construction conditions, prior to issuance of a Zoning Compliance Permit and Certificate of Occupancy, respectively.
Comment: We believe that the revised stipulation pertaining to renovation of the existing structure in the floodway will provide clarification of the State and federal regulations for development in the floodway. See Key Issues section for additional details.
B. Vehicular Parking: That the applicant shall provide 23 vehicular parking spaces, including two handicapped parking spaces, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.
Comment: Based on proposed development, the Land Use Management Ordinance requires a minimum of 13 parking spaces. Our original recommendation to Advisory Boards recommended that the applicant provide no more than 13 vehicular parking spaces. Our updated recommendation includes increasing vehicular parking spaces from 13 to 23. The applicant has provided additional information indicating that the Eastgate Shopping Center site has 74 fewer vehicular parking spaces than the minimum required by Land Use Management Ordinance parking regulations. We therefore believe that it is reasonable for the applicant to exceed the minimum vehicular parking regulations on the proposed Starbucks site by 10 parking spaces. The overall Eastgate Shopping Center site will still be 64 parking spaces short of the minimum required parking (Attachment 19).
C. Bicycle Parking: That the applicant shall provide three inverted ‘U’-type bicycle racks to accommodate six bicycles, on the north side of the building, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.
Comment: The Planning Board, Community Design Commission, and Bicycle and Pedestrian Advisory Board recommended increasing bicycle parking spaces from three to six. We believe that the revised stipulation will enhance bicycle parking on the site. We believe this recommendation improves the previous recommendation, providing for additional, more visible bicycle parking, and fewer additional structures in the floodway (i.e. a cover and lighting for the racks).
D. Crosswalk Signage: That the applicant shall provide “yield to pedestrians” signs in both directions at the Eastgate Shopping Center Drive crosswalk, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
Comment: The Bicycle and Pedestrian Advisory Board recommended crosswalk signage. We believe that the pedestrian crossing signs will improve pedestrian safety at the crosswalk. See Staff Report Update for additional details (Attachment 1).
E. East Franklin Street Bus Stop Improvements: Subject to approval by the North Carolina Department of Transportation (NCDOT), the applicant shall provide bus stop improvements for the existing bus stop located on the East Franklin Street frontage, including a concrete pad behind the sidewalk, a shelter, bench and trash can, designed to Town standard, prior to issuance of a Certificate of Occupancy. An NCDOT encroachment agreement shall be provided and site plans approved by NCDOT and the Town Manager, prior to the issuance of a Zoning Compliance Permit.
Comment: Our updated recommendation provides a minor clarification of the previous stipulation, requiring bus stop improvements on East Franklin Street.
Advisory Board Recommendations not incorporated into Resolution A:
Advisory Boards recommended the following stipulations that are not incorporated into Resolution A:
A. East Franklin Street Sidewalk Extension: That the applicant provide a 10-foot wide sidewalk, along the East Franklin Street frontage from Eastgate Shopping Center Drive to the driveway to the proposed Starbucks.
Comment: The Greenways Commission recommended that the applicant provide a 10-foot, rather than five-foot wide sidewalk extension, along the East Franklin Street frontage. The Greenways Commission believes that a 10-foot wide sidewalk in this location is an important link to the Booker Creek Greenways. We believe that a five-foot sidewalk is adequate in this location. We also believe that the amount of impervious surface associated with the narrower sidewalk is preferred.
Recommendations From Advisory Boards and Town Staff are Summarized Below:
Planning Board: On September 5, 2006, the Planning Board voted 7-0 to recommend that the Council approve this application with the adoption of Resolution A with conditions. Please see the attached Summary of Planning Board Action.
Transportation Board: The Transportation Board will meet on September 28, 2006. We will provide the Council with a Summary of the Transportation Board Action when it is available.
Community Design Commission: On August 16, 2006, the Community Design Commission voted 9-0 to recommend that the Council approve this application with the adoption of Resolution B. Please see the attached Summary of Community Design Commission Action.
Bicycle and Pedestrian Advisory Board: On August 22, 2006, the Bicycle and Pedestrian Advisory Board voted 8-0 to recommend that the Council approve this application with the adoption of Resolution C. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.
Greenways Commission: On September 28, 2005, the Community Design Commission voted 5-0 to recommend that the Council approve this application with the adoption of Resolution D. Please see the attached Summary of Community Design Commission Action.
Preliminary Staff 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 Modification, we recommend that the application be approved with the adoption of Resolution A.
Resolution E would deny the application.
Starbucks at Eastgate Shopping Center - Special Use Permit Modification
Differences Among Resolutions
|
Issues |
(Approval)
Staff Preliminary Rec. and Planning Board Rec. |
Resolution B (Approval)
Community Design Commission Rec. |
Resolution C (Approval)
Bicycle and Pedestrian Advisory Board Rec. |
Resolution D (Approval)
Greenways Commission Rec. |
|
Number of Bicycle Parking Spaces |
6 |
6 |
6 |
3 |
|
Number of Vehicular Parking Spaces |
23 |
13 |
13 |
13 |
|
Sidewalk Width on Franklin Street |
5-Foot Wide Sidewalk |
* |
* |
10-Foot Wide Sidewalk |
|
Provide Yield to Pedestrian Signage |
Yes |
* |
Yes |
* |
*Issue not discussed at this particular meeting and is therefore not included in this Resolution.
9/25/06
ATTACHMENTS
