AGENDA #4
|
MEMORANDUM |
|
|
TO: |
Roger L. Stancil, Town Manager |
|
FROM: |
J.B. Culpepper, Planning Director Gene Poveromo, Development Coordinator |
|
DATE: |
October 18, 2006 |
|
SUBJECT: |
Public Hearing: The Residences at Chapel Hill North – Request for Partial Revocation of the Chapel Hill North Phase I Special Use Permit and Application for a Phase II Special Use Permit (PIN 9880-36-1885) |
PURPOSE
Attached for your consideration is a request for a partial revocation of the Chapel Hill North Phase I Special Use Permit and an application for a Phase II Special Use Permit, to allow the construction of a multi-family planned development that would consist of seven buildings containing 123 dwelling units and 242 parking spaces, on an approximately 13-acre site. The proposal also includes a clubhouse and three garages. The site is located in the northeast portion of the Chapel Hill North Shopping Center, off of Perkins Drive. The site is located in a Mixed Use-Office/Institutional-1 (MU-OI-1) zoning district. The site is also identified as Orange County Parcel Identifier Number 9880-36-1885.
This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
Prior to approval of the Chapel Hill North Phase II Special Use Permit application, it is necessary that the Council take action on two accompanying items first: 1) an application to amend the mixed-use section (Section 3.5) of the Land Use Management Ordinance by enacting the resolution in the accompanying text amendment application, and 2) a request for partial revocation of the Chapel Hill Phase One Special Use Permit by adopting Resolution A. Please refer to the Key Issues section of the memorandum and the accompanying text amendment application for additional information on this matter.
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 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 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 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
Concept Plans of the proposed development were reviewed by the Community Design Commission on June 18, 2003 and May 25, 2005. The Town Council reviewed concept plans on October 20, 2003 and June 20, 2005. Summaries and minutes of Concept Plan Reviews are attached for the most recent Community Design Commission and Council respectively (Attachments 9 and 10).
DESCRIPTION OF THE APPLICATION
The 13 acres associated with the Residences at Chapel Hill North is encumbered by part of the Chapel Hill North Master Plan. The applicant is proposing to construct a multi-family planned development that would consist of seven buildings containing 123 dwelling units, including 200,880 square feet of floor area. The applicant is proposing 242 parking spaces and three garages. Approximately 57,749 square feet of recreational improvements, including a clubhouse and pool, are proposed.
Other proposed improvements include sidewalks and pedestrian crosswalks. The applicant is also proposing a stormwater management pond to treat the rate, volume and quality 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 conclusion 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 B.
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.
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 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 ISSUES
We have identified two key issues associated with this development, discussed below.
(1) Accompanying Request and Application: The applicant for the Residences at Chapel Hill North is proposing to change the mix of uses on the site to allow residential and clinic uses. The applicant is requesting that this change to the mix of permitted uses be accomplished by: 1) requesting an accompanying text amendment to Section 3.5 of the Land Use Management Ordinance, and 2) requesting a partial revocation of the approved Chapel Hill North Phase One Special Use Permit.
Comment: We recommend that the Council 1) consider the application to amend the text in Section 3.5 of the Land Use Management Ordinance, and 2) consider the request to partially revoke the existing Phase I Special Use Permit. We recommend that the Council discuss both the Text Amendment application and the partial revocation request at the same time. Following that discussion, we recommend that the Council consider of the proposed Chapel Hill North Phase II Special Use Permit application.
We believe that the applicant’s request for a text amendment to Section 3.5 of the Land Use Management Ordinance that would allow the addition of clinic and residential uses to the existing mix of office and retail uses on the site would enhance the Chapel Hill North development, thereby improving the original intent for a mixed-use site. Please refer to the accompanying Land Use Management Ordinance Text Amendment application.
Partial revocation of the Phase One Special Use Permit would extract the proposed Residences at Chapel Hill North site from encumbrance by that permit. We believe that a partial revocation of the Phase One Special Use Permit is appropriate and necessary to achieve the concept of “mixed-use development” on the Chapel Hill North site.
2) Provision of Affordable Housing: The applicant is proposing 123 rental units with 15 percent rental units (rounded down), or 18 units on-site, set aside as restricted units available as affordable units. The applicant is also proposing that the owner/management of the development market, lease and manage the affordable units. For additional information on the applicant’s affordable housing proposal, see Attachment 18.
Comment: Although we are pleased that the applicant is proposing on-site affordable units, we are concerned about the proposed private management of affordable units. This is not a model that we have experience with. The proposal does not address oversight of the affordable units. Our experience in Chapel Hill is that developers typically partner with local non-profit housing agencies. It is our hope that the Council can provide direction to the applicant and staff regarding this proposal.
Our preliminary recommendation is that the developer propose an Affordable Housing Plan that addresses the following items, for approval by the Town Manager prior to issuance of a Zoning Compliance Permit:
We have included stipulations to this effect in Resolution B.
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 B, 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 application for this site:
RECOMMENDATIONS
Recommendations From Advisory Boards and Town Staff are Summarized Below:
Planning Board: The Planning Board met on October 3, 2006 and October 17, 2006. We will provide the Council with a Summary of the Planning Board Action when it is available.
Transportation Board: The Transportation Board met on October 12, 2006. We will provide the Council with a Summary of the Transportation Board Action when it is available.
The Parks and Recreation Commission: The Parks and Recreation Commission will meet on October 18, 2006. We will provide the Council with a Summary of the Parks and Recreation Commission Action when it is available.
Bicycle and Pedestrian Advisory Board: The Bicycle and Pedestrian Advisory Board will meet on October 24, 2006. We will provide the Council with a Summary of the Pedestrian Advisory Board Action when it is available.
Community Design Commission: The Community Design Commission will meet on October 25, 2006. We will provide the Council with a Summary of the Community Design Commission Action when it is available.
Greenways Commission: The Greenways Commission will meet on October 25, 2006. We will provide the Council with a Summary of the Greenways Commission Action when it is available.
Preliminary Staff Recommendation: We recommend that the Council approve the request for a partial revocation of the Chapel Hill North Phase I Special Use Permit with the adoption of Resolution A. This action and the enactment of the accompanying Land Use Management Ordinance Text Amendment are required prior to adoption of the application for the Chapel Hill North Phase II Special Use Permit.
Based on our evaluation of the Phase II Special Use Permit application, our preliminary conclusion is that, with the stipulations in Resolution B, 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 the Chapel Hill North Phase II Special Use Permit, we recommend that the application be approved with the adoption of Resolution B.
Resolution C would deny the application.
ATTACHMENTS
