ATTACHMENT 1
STAFF REPORT TO ADVISORY BOARDS
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Date: |
October 3, 2006 and October 17, 2006 (Planning Board) October 12, 2006 (Transportation Board) October 18, 2006 (Parks and Recreation Commission) October 24, 2006 (Bicycle and Pedestrian Advisory Board) October 25, 2006 (Community Design Commission) October 25, 2006 (Greenways Commission) October 12, 2006 (Transportation Board) |
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Subject: |
The Residences at Chapel Hill North - Application for Special Use Permit and Request for Partial Revocation of Chapel Hill North Phase I Special Use Permit (PIN 9880-36-1885) |
INTRODUCTION
We have received a request for approval of a Special Use Permit. The application proposes to construct a total of 123 multi-family dwelling units in 7 buildings and a 4,900 square foot clubhouse on approximately 13 acres located northeast of the Chapel Hill North Shopping Center. A total of 242 parking spaces are proposed as well as a new main entrance driveway from Perkins Drive. The site is located in the Mixed Use Office/Institutional-1 (MU-OI-1) zoning district. The site is identified as Orange County Parcel Identifier Number 9880-36-1885.
This subject site is encumbered by the 1990 Chapel Hill North Master Land Use Plan. A portion of the proposed Special Use Permit application is encumbered by the 1991 Chapel Hill Phase I Special Use Permit. Accompanying tonight’s application is a request for a partial revocation of the 1991 Chapel Hill North Phase One Special Use Permit (Attachment 11). An approval to revoke a portion of the 1991 Special Use Permit would remove the current Special Use Permit application from the encumbrance of the 1991 Special Use Permit (Attachment 8). Please refer to discussion in the Background section of this memorandum.
The applicant is also requesting approval of a corresponding Text Amendment application, with this Special Use Permit application. The proposed text amendment would modify the mixed-use section (Section 3.5) of the Land Use Management Ordinance. Please refer to the corresponding Land Use Management Ordinance Text Amendment memorandum accompanying this application.
BACKGROUND
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January 23, 1990 |
The Town Council approved a Master Land Use Plan for the Chapel Hill North mixed-use development. The approved plan authorized a total of 633,400 square feet of floor area on a 40-acre site. The approved Master Land Use Plan specified a mix of uses: a) Minimum of 374,200 square feet of floor area devoted to office type use; and b) Maximum of 259,200 square feet of floor area devoted to retail use (40%). The subject of tonight’s Special Use Permit application is encumbered by the 1990 Master Land Use Plan. |
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April 22, 1991 |
The Town Council approved the Phase I Special Use Permit for Chapel Hill North in 1991. The Phase I approval authorized a portion (102,713 square feet of office type use and 147,807 square feet of retail use) of the floor area approved by the 1990 Master Land Use. A portion of tonight’s Special Use Permit application is encumbered by the 1991 Special Use Permit. |
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June 18, 2003 |
Community Design Commission reviewed a Concept Plan proposal for the Chapel Hill North Residential Development. The conceptual plan for the 12.7 acre site proposed 190 multi-family dwelling units and 329 parking spaces. The proposal included structured parking on the first floor, with residential units on the second, third and fourth floors. |
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October 20, 2003 |
The Town Council reviewed the Chapel Hill North Residential Development Concept Plan proposal. |
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July 14, 2004 |
The Town received a Special Use Permit application for the Chapel Hill North Residential Development. |
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May 25, 2005 |
Community Design Commission reviewed a revised Concept Plan for the Chapel Hill North Residential Development. The proposal included 120 multi-family dwelling units and 215 parking spaces (Attachment 9). |
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June 20, 2005 |
The Town Council reviewed a revised Concept Plan for the Chapel Hill North-Residential Development (Attachment 10). |
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May 22, 2006 |
The Town received a revised Special Use Permit Application for the Chapel Hill North Residential Development. |
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September 2006 |
The Town received an application to modify the mixed-use section of the Land Use Management Ordinance. The applicant requests that the proposal to amend the Land Use Management Ordinance accompany the Special Use Permit application for the Residential Component at Chapel Hill North. |
EVALUATION
The Town staff has reviewed this application for compliance with the standards of the Land Use Management Ordinance and the Design Manual and offers the following evaluation.
Existing Conditions
Location: The 12.96-acre site is located northeast of the Chapel Hill North Shopping Center. Portions of the site front both Perkins Drive and Old University Station Road. The site is east of the Chapel Hill North Harris Teeter grocery and south of Interstate 40.
Existing Structures: The site is currently vacant.
Topography, Drainage, Vegetative Cover: This site is relatively flat with an average slope less than 5 percent. The highest elevation is about 557 feet above sea level and the lowest elevation is about 530 feet, near a stormwater pond on an adjacent property, on the western side of the site. Stormwater runoff occurs as sheet flow across the site. The site is not located within the federal regulatory floodplain, the Town’s Resource Conservation District, or the Watershed Protection District. The site has three significant tree stands as well as approximately 35 specimen trees, spread throughout the central and northern portions of the site.
Vehicular Access: The site includes street frontage on Perkins Drive and Old University Station Road.
Pedestrian Circulation: There are sidewalks on the west side of Perkins Drive and Old University Station Road. There are also sidewalks on both sides of Perkins Drive as it turns to the west towards Martin Luther King, Jr. Boulevard. There are also pedestrian facilities throughout the retail and office portions of the Chapel Hill North site.
Bus Stops, Routes: The NS and T bus routes serve the area around the Chapel Hill North and Timberlyne Shopping Centers respectively. The closest bus stops are located on both sides of Martin Luther King Jr. Boulevard near the intersection with Perkins Drive. There is a bus pull-off on the east side of Perkins Drive that is not currently in service.
Development Description
The applicant is proposing to construct 200,880 square feet of residential floor area, comprised of 123 dwelling units. The applicant is proposing 242 vehicular parking spaces and 57,749 square feet of recreation space. Proposed improvements for pedestrian circulation include the construction of sidewalks and pedestrian cross-walks.
Partial Revocation of Phase I Special Use Permit and Accompanying Text Amendment
The applicant for the Residences at Chapel Hill North is proposing to change the mix of uses on the site by adding residential use. 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 Phase One Special Use Permit.
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.
The 40 acre Chapel Hill North development is encumbered by the 1990 Chapel Hill North Master Land Use Plan. Following approval of the Master Land Use Plan the Town Council approved the Chapel Hill North Phase One Special Use Permit (Attachments 7 and 8). This Special Use Permit proposal encumbers approximately 31.5 acres of the Master Land Use Plan. Approximately 7 acres of the proposed Residences at Chapel Hill North Special Use Permit application is not encumbered by the Phase One Special Use Permit.
The 1990 Master Plan approved 633,400 square feet of floor area; the Phase I Special Use Permit authorized the construction of 250,520 square feet (approximately 40%) of the approved Master Land Use Plan floor area. The existing Chapel Hill North development currently includes approximately 195,000 square feet of floor area. The applicant is proposing 200,880 square feet of residential floor area.
Concept Plan Review
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).
Ordinance Requirements
Zoning: The site is located in the Mixed Use-Office-Institutional-1 (MU-OI-1) zoning district. All adjacent properties are in the Mixed Use-Office-Institutional-1 (MU-OI-1) zoning district.
Permitted uses in the Mixed Use-Office-Institutional-1 (MU-OI-1) zoning district include office, commercial and residential uses.
Dimensional Standards: The proposed project meets most of the dimensional standards outlined in the Dimensional Matrix (Table 3.8-1) of the Land Use Management Ordinance for the Mixed Use-Office-Institutional-1 (MU-OI-1) zoning district, but does not comply with maximum floor area requirements without adoption of the proposed Land Use Management Ordinance Text Amendment.
Provision of Affordable Housing: The applicant is proposing to provide 15% affordable rental units (19) or a payment-in-lieu of affordable housing. The Comprehensive Plan encourages the provision of affordable housing on-site. We therefore recommend that the applicant provide 15% affordable units (19 units), distributed in size and location throughout the site. We recommend that the applicant record deed restrictions ensuring that the units be permanently affordable to 3-person families earning less than 80% of median household income, and/or to Section 8 voucher holders (the Section 8 program provides rental assistance payments for qualified renters). We recommend that the deed restrictions be reviewed and approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution B.
Schools Adequate Public Facilities Ordinance: The proposed development is subject to the provisions of the Schools Adequate Public Facilities Ordinance. We have included a stipulation to this effect in Resolution B.
Transportation
Traffic Impact: A Traffic Impact Analysis (TIA) was prepared by the Town Consultant in accordance with the Town’s TIA guidelines. The purpose of this study is to determine the impact to the surrounding transportation system caused by the additional traffic generated by the proposed development, which is anticipated to be fully built out by the year 2007.
The findings of the TIA indicate that the additional traffic generated by the proposed Residences at Chapel Hill North is expected to impact the surrounding roadway network. The Town Consultant has recommended signal improvements at some intersections to mitigate the projected traffic impacts, including stacking at the Perkins Drive signal at the intersection of NC 86, for example. A copy of the Transportation Impact Analysis Executive Summary is attached to this report (Attachment 6).
The TIA is being updated to reflect the currently projected buildout date of 2009, rather than in the original projected buildout date of 2007. The updated TIA will be provided when it is available.
Roadway Improvements: Previously approved roadway improvements in this area include a center island on Weaver Dairy Road. This improvement is scheduled for fiscal year 2009. The island will restrict vehicular traffic to right in/right out movements at Perkins Drive and Old University Station Road.
We recommend that the applicant provide a right-turn lane on the north-bound side of Martin Luther King, Jr. Boulevard at the intersection with Perkins Drive. The requirement to construct the right turn lane would be dependent on the available right-of-way width at this location. If a right-turn lane is constructed, we recommend that the applicant pay for the redesign of the existing traffic signal to accommodate the right-turn lane. The design and construction details of the right-turn lane and traffic signal shall be reviewed and approved by the Town Manager and North Carolina Department of Transportation, prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution B.
We recommend that the applicant provide a cross-walk, with pedestrian signals, at the Perkins Drive and Martin Luther King, Jr. Boulevard intersection, subject to Town Manager approval, prior to issuance of the first Certificate of Occupancy. We have included a stipulation to this effect in Resolution B.
We recommend that the applicant provide several traffic calming devices, such as speed tables, particularly at cross-walks on the drive aisle through the site, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. We believe that traffic calming devices will improve pedestrian safety and slow down any potential cut-through traffic. We have included a stipulation to this effect in Resolution B.
Signal Retiming: We recommend that the applicant provide an $8,000 payment to the Town for traffic signal retiming on the Martin Luther King Jr Blvd and Weaver Dairy Road corridors, prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution B.
Vehicular Access: The applicant is proposing vehicular access to the site from Perkins Drive. The proposed access includes curb and gutter and 5-foot sidewalks on both sides. We recommend that the applicant provide a vehicular connection to Perkins Drive, with a 27-foot cross section, 5-foot sidewalks on both sides, and curb and gutter. We have included a stipulation to this effect in Resolution B.
We recommend that the applicant provide a connection, in the southeast portion of the site, to Old University Station Road. We recommend that this improvement be built to Town standard including a 27-foot wide cross-section with 30-inch curb and gutter and 5-foot wide sidewalks. It will be necessary for the applicant to provide encroachment authorization from Duke Energy to cross into the utility easement in this part of the site and obtain Town Manager approval prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution B.
We recommend that the applicant provide a vehicular and pedestrian stub out to the adjoining property to the east. The Town has recently received an application for Concept Plan for a multi-family development on the adjacent site to the east. We believe that vehicular and pedestrian connections between the two proposed developments will improve circulation patterns around the site in the future. We have included a stipulation to this effect in Resolution B.
We recommend that prior to the issuance of a Building Permit that the applicant install a sign at the end of the this proposed vehicular/pedestrian connection stating, “Road Subject to Future Extension.” We recommend that the sign detail and location be approved by the Town Manager, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution B.
We recommend that the applicant provide an encroachment agreement, approved by the North Carolina Department of Transportation (NCDOT), for any work proposed in the NCDOT right-of-way, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. We recommend that the applicant obtain approval by the Town of Chapel Hill for any work proposed in the Town right-of-way, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
Vehicular Parking: The minimum required parking for the proposed residential use is 191 parking spaces. The applicant is proposing a total of 242 parking spaces, including 12 handicapped spaces.
The Town Council maximum parking policy specifies that the number of parking spaces not exceed 110% of the minimum number of required vehicular parking spaces. The applicant is proposing approximately 45% of the total parking spaces, or 111 spaces, beneath living space, thereby minimizing the amount of impervious surface associated with parking.
In the past, parking spaces that are under building spaces have not been included in the parking calculation regarding the 110% maximum parking policy. In this case, not counting these under building parking spaces toward the 110% rule would allow the applicant to have 242 parking spaces as proposed. Therefore, we recommend that the applicant provide no more than 242 vehicular parking spaces, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution B.
We recommend that all parking lots, drive aisles and parking spaces be designed to Town standards, subject to Town Manager approval, prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution B.
Bicycle Parking: The applicant is not proposing any bicycle parking spaces. We recommend that the applicant provide 147 bicycle parking spaces. The number of recommended bicycle parking spaces is based on provisions in Section 5.6.7 of the Land Use Management Ordinance, requiring 1 bicycle parking space per dwelling unit plus 1 space for 10% of vehicular parking spaces.
We recommend the applicant provide the appropriate ratio of Class I (90%) and Class II (10%) bicycle parking spaces, as required by Section 4.11 of the Chapel Hill Design Manual. Garages and secure indoor areas can be substituted for Class I bicycle parking spaces. We recommend that the applicant provide inverted-U-type bicycle racks for the Class II bicycle parking. We recommend that the racks be covered and well-lighted and be located throughout the site. Bicycle parking facilities are subject to Town Manager approval prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution B.
Pedestrian Circulation: The applicant is proposing 5-foot wide sidewalks throughout the site connecting proposed recreational facilities such as the pool, clubhouse, tot lot, and a greenway trail along the northern boundary of the site. The proposal also includes several crosswalks and handicapped ramps for crossing drive aisles throughout the proposed development. We recommend the above facilities and have included a stipulation to this effect in Resolution B.
We recommend that the applicant provide a 5-foot wide sidewalk, along the eastern side of Perkins Drive, from the entranceway to the site to Weaver Dairy Road. We recommend that the applicant provide a handicapped ramp and pedestrian cross-walk on Perkins Drive at the Weaver Dairy Road intersection. We recommend that the improvements be designed to Town standard and be subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. We have included stipulations to this effect in Resolution B.
We recommend that the applicant dedicate right-of-way along the Perkins Drive frontage so that the future right-of-way will be a minimum of one-foot behind the back of the sidewalk. We recommend that the applicant provide a right-of-way dedication and easement plat for Town Manager approval prior to recordation prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution B.
We recommend that the applicant provide 5-foot wide sidewalks, along both sides of the recommended driveway connection to Old University Station Road. We recommend that the applicant provide handicapped ramps and a pedestrian cross-walk at the Old University Road intersection. We also recommend that the applicant provide a 5-foot wide sidewalk, along the western side of Old University Station Road, connecting to the existing sidewalk, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. We have included stipulations to this effect in Resolution B.
We recommend that the applicant provide 5-foot wide sidewalks on both sides of the recommended stub out to the adjacent property to the east with handicapped ramps at the intersection with the north-south drive aisle through the site. We have included a stipulation to this effect in Resolution B.
We recommend that prior to the issuance of the first Certificate of Occupancy that the applicant construct a 10-foot wide improved greenway trail in the Duke Energy easement along the southern property line. The location of the trail is indicated on the adopted Greenways Master Plan and will connect the trail to the Perkins Drive from the west to the Vilcom development from the east. We recommend that the trail be built to American Association of State Highway and Transportation Officials (AASHTO), Americans with Disabilities Act (ADA), and Town standards, with grades no greater than 5% and designed to support the weight of a vehicle. The location and design of the greenway is subject to Duke Energy and Town Manager approval, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution B.
We recommend that the applicant grant a 15 to 20-foot wide public access easement to the Town, around the recommended greenway trail near the southern property line, that provides public access to trails and that the following users are entitled to use the public recreation area: pedestrians, users of non-motorized vehicles, and motorized wheelchairs. We recommend that the easement be approved by Duke Energy and the Town Manager and recorded, prior to issuance of the Zoning Compliance. We have included a stipulation to this effect in Resolution B.
We recommend that the applicant grant a 30-foot wide pedestrian access easement inside the landscape buffer along the northern boundary of the site. The location of the trail is indicated on the adopted Greenways Master Plan but at this time the recommended southern trail location provides better connectivity. The pedestrian access easement would provide for future trail development by the Town if desired. We recommend that the easement run the width of the property, which provides public access to build and maintain trails and that the following users are entitled to use the public recreation area: pedestrians, users of non-motorized vehicles, and motorized wheelchairs. We recommend that the easement be approved by the Town Manager and recorded prior to issuance of the Zoning Compliance. We have included a stipulation to this effect in Resolution B.
Bus Stops and Routes: No improvements to the existing bus stop network are proposed with this application. The NS and T bus routes serve the area around the Chapel Hill North and Timberlyne Shopping Centers respectively. The closest bus stops are located on both sides of Martin Luther King Jr. Boulevard near the intersection with Perkins Drive. There is a bus pull-off on the east side of Perkins Drive that is not currently in service, which has an associated shelter.
We recommend that the applicant provide a payment in-lieu, not to exceed $10,000, for a bus stop shelter and associated improvements for the existing bus stop on Perkins Drive. We recommend that the payment provide for a concrete pad, shelter, bench, trash can and transit information system. The bus stop design and payment-in-lieu amount shall be reviewed and approved by the Town Manager, prior to issuance of a Zoning Compliance Permit. We recommend that the payment-in-lieu be provided, prior to issuance of the Zoning Compliance Permit. If the improvements are not made within 5 years of the issuance of the final Certificate of Occupancy, the payment will be returned upon request from the applicant. We have included a stipulation to this effect in Resolution B.
RECREATIONAL
Recreational Requirements: Section 5.5.2 of the Land Use Management Ordinance requires that the applicant provide a minimum of 25, 981 square feet of recreation area. The applicant is proposing to satisfy this requirement by providing a total of approximately 57,748 square feet of recreation space including a swimming pool, clubhouse, greenway trail, basketball court, tot lot, and courtyard play areas (Attachment 14). We recommend that the applicant provide 57,748 square feet of recreational space, subject to Town Manager approval. We have included a stipulation to this effect in Resolution B.
LANDSCAPING AND ARCHITECTURE
Significant Tree Stands and Specimen Trees: The site has three significant tree stands as well as approximately 35 specimen trees, spread throughout the central and more northern portions of the site. The applicant is proposing to preserve portions of the three significant tree stands as well as all of the specimen trees.
Buffers and Landscaping: The table below outlines the minimum landscape buffers requirements for the site and the buffers proposed by the applicant.
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Landscape Buffers |
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Location |
Ordinance Requirement (Min.) |
Proposed Buffers |
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Northern Boundary (Adjacent to I-40 corridor) |
100’ Type ‘E’ External Buffer |
100’ Type ‘E’ External Buffer |
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Eastern Boundary |
20’ Type ‘C’ Internal Buffer |
20’ Type ‘C’ External Buffer |
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Southern Boundary (Adjacent to Duke Energy Easement) |
20’ Type ‘C’ Internal Buffer |
Alternative Variable Width (18’–30’) Type ‘C’ Internal Buffer |
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Western Boundary (Adjacent to Chapel Hill North Shopping Center) |
20’ Type ‘C’ Internal Buffer |
Alternative Variable Width (5’-20’) Type ‘C’ Internal Buffer |
A 20-foot wide type “C” internal landscape buffer is required along the southern property line.
The applicant is proposing an alternative, variable width, 18 to 30-foot wide type “C” internal landscape buffer along the southern property line. The applicant is proposing an alternative buffer because the southern property boundary is contiguous with a 128-foot wide Duke Energy easement, where a landscape buffer would typically go. The applicant is proposing a variable width buffer that extends into Duke Energy’s easement. We recommend that the applicant provide an alternative, variable width, 18 to 30-foot wide type “C” internal landscape buffer along the southern property line, subject to alternative landscape buffer approval by the Community Design Commission and Duke Energy approval of the easement plantings, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution B.
A 20-foot wide type “C” internal landscape buffer is required along the western property line. The applicant is proposing an alternative, variable width, 5 to 20-foot wide type “C” internal landscape buffer along the western property line. The applicant is proposing an alternative buffer because the proposed stormwater pond is encroaching into the landscape buffer. We recommend that the applicant provide an alternative, variable width, 5 to 20-foot wide type “C” internal landscape buffer along the western property line, subject to alternative landscape buffer approval by the Community Design Commission, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution B.
We recommend that the applicant provide a 100-foot wide type “E” external landscape buffer along the northern property line and a 20-foot wide type “C” internal landscape buffer along the eastern property line. We have included stipulations to this effect in the attached Resolution.
We recommend that the applicant provide a landscaping plan that includes 5-foot wide planting area between the parking area and buildings, according to Section 5.9.6(a) of the Land Use Management Ordinance, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution B.
We recommend that all parking areas be screened from view in accordance with the provisions of Article 5.6 of the Land Use Management Ordinance. The screening plans shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution B.
We also recommend that the applicant comply with Town parking landscaping standards in Section 5.9.6(d) of the Land Use Management Ordinance. A parking lot shading plan shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution B.
We recommend that a detailed Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan must include a detail of protective fencing and construction parking and materials staging/storage areas. This plan must identify trees proposed for removal, and where tree protection fencing and/or silt fencing will be installed. We have included a stipulation to this effect in Resolution B.
We recommend that detailed landscape plans (including buffers), landscape maintenance plans, and parking lot shading requirements be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The landscape plan shall indicate the size, type, and location of all proposed plantings. We have included a stipulation to this effect in Resolution B.
Building Elevations and Lighting Plan: We recommend that detailed building elevations and a lighting plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit. We recommend that the Community Design Commission take additional care during review to ensure that the proposed lighting plan will minimize 1) upward light pollution and 2) offsite spillage of light. We have included a stipulation to this effect in Resolution B.
ENVIRONMENTAL
Floodplain and Resource Conservation District: There is no regulatory floodplain or Resource Conservation District on this site. There is an ephemeral stream channel, approximately 120 feet long, in the southwest part of the site. The applicant proposes to disturb the entire channel. Section 5.4.6 of the Land Use Management ordinance requires the applicant to demonstrate the necessity of disturbing such channels. The applicant has provided a statement of necessity for land disturbing activities in the ephemeral stream channel. We believe that the applicant’s reasons for disturbance of the ephemeral stream channel are reasonable (Attachment 13).
Watershed Protection District: The site is not located in the Watershed Protection District.
Impervious Surface: Section 3.8 of the Land Use Management Ordinance allows applicants to deduct pre-development impervious surface area that existed on a site as of January 27, 2003 from the post-development impervious surface area to establish the proposed impervious surface area, or net gain of impervious surface on a site, as illustrated in the table below:
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Impervious Surface Information |
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Gross Land Area |
Pre-Development Impervious Surface |
Pre-Development Pervious Surface |
Proposed Impervious Surface (net gain) |
Post-Development Impervious Surface Total |
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Area (Square Feet) |
564,786 s.f. |
3,458 s.f. |
561,328 s.f. |
194,799 s.f. |
198,257 s.f.
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Percentage of Gross Land Area |
100% |
0.6% |
99.4% |
34.4% |
35.1% |
Section 3.6.4-1 of the Land Use Management Ordinance requires proposed development to comply with either a low density option (24% impervious surface limit) or a high density option (50% impervious surface limit). The applicant is proposing a net gain of impervious area on the site of 194,799 square feet (34.4%); therefore the applicant must comply with the high density option and is required to provide structural stormwater controls as indicated below.
Stormwater Management: The applicant is proposing to manage stormwater associated with the proposed development by providing a stormwater management pond in the western portion of the site. There is an existing stormwater pond immediately to the west, between the proposed pond and the Harris Teeter store. The existing pond is not on the applicant’s property and the applicant has indicated that it would not be possible to “share” it with Harris Teeter. We believe, based on the preliminary information submitted by the applicant, that the proposed stormwater management facility design will comply with the Land Use Management Ordinance stormwater standards for rate, quality and volume. We recommend that, prior to the issuance of a Zoning Compliance Permit, the applicant submit a Stormwater Management Plan for review and approval by the Town Manager. We have included a stipulation to this effect in Resolution B.
Erosion Control: The regulations require that a soil erosion and sedimentation control plan (including provisions for maintenance of facilities and modification of the plan if necessary), be approved by the County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to the issuance of a Zoning Compliance Permit. If more than one acre of land is disturbed, then a performance guarantee, in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances, shall be required prior to final authorization to begin land-disturbing activities. We have included these standards in Resolution B.
UTILITIES AND SERVICE
Refuse Management: The applicant is proposing to use private refuse service for the collection of refuse and recycling materials. We recommend that prior to the issuance of a Zoning Compliance Permit, the Town Manager review and approved a refuse facility design that complies with Town of Chapel Hill and Orange County Solid Waste standards. We have included a stipulation to this effect in Resolution B.
We recommend that the final plans include dimensioned details as well as appropriate signage and lighting for the refuse area, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. These standard stipulations are included in Resolution B.
We recommend that prior to the issuance of a Zoning Compliance Permit, that the Town Manager review and approve a Solid Waste Management Plan, including provisions for private waste and recycling collection as well as management and minimization of construction debris.
We recommend that the applicant provide 27 rolling recycling roll-carts (9 carts per every 40 residential units), or provide comparable private service to that provided by Orange County Solid Waste, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution B.
Utilities: The Ordinance requires that detailed utility plans be reviewed and approved by OWASA, Duke Energy Company, Public Service Company, BellSouth, Time Warner Cable and the Town Manager prior to issuance of a Zoning Compliance Permit. Except for three phase power lines, the Ordinance requires that all new or relocated utility lines be located underground. We have included these standard stipulations in Resolution B.
Fire Safety: We recommend that all driveway entrances be designed to meet the minimum unobstructed turning radii for fire apparatus access. We have included stipulations to this effect in Resolution B. We also recommend that the applicant comply with automatic sprinkler system requirements in Section 7-50 of the Town Code of Ordinances, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution B.
MISCELLANEOUS
Traffic and Pedestrian Control Plan: We recommend that a Traffic Management Plan for movement of motorized and non-motorized vehicles on any public streets (maintained and operated by the Town or NC DOT) that will be disrupted during construction, be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We recommend that the plan include detour information and a Pedestrian Management Plan indicating how pedestrian movements on or adjacent to public rights-of-way will be safely maintained. We have included a stipulation to this effect in Resolution B.
SPECIAL USE PERMIT FINDINGS
For approval of a Special Use Permit, the Council must make the following findings, as set forth in Article 4.5.2 of the Land Use Management Ordinance:
Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made.
COMPREHENSIVE PLAN
The Land Use Plan, a component of the Comprehensive Plan, adopted by the Council on May 8, 2000, identifies this site as Mixed Use development with Office/Commercial emphasis. We believe that the proposed residential development will compliment the existing office and commercial development on the Chapel Hill North site and improve the mix of uses on the site.
CONCLUSION
Based on information available at this stage of the application review process, we believe that the request for a Partial Revocation of the Chapel Hill North Phase I Special Use Permit, with the conditions in Resolution A, meets the requirements of the applicable sections of the Land Use Management Ordinance and Design Manual, and that the proposal conforms with the Comprehensive Plan.
Resolution A would approve the request for a Partial Revocation of the Chapel Hill North Phase I Special Use Permit with conditions.
Based on information available at this stage of the application review process, we believe that the Chapel Hill North Phase II Special Use Permit proposal, with the conditions in Resolution B, meets the requirements of the applicable sections of the Land Use Management Ordinance and Design Manual, and that the proposal conforms with the Comprehensive Plan.
Resolution B would approve the Chapel Hill North Phase II Special Use Permit application with conditions. Resolution C would deny the application.