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SUBJECT: |
University Village Development – Application for Special Use Permit Modification (File No. 9798-54-7612) |
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DATE: |
January 17, 2007 |
Attached for your consideration is an application for a Special Use Permit Modification proposing construction of a mixed-use development with 511,985 square feet of floor area and 784 parking spaces on an 11.2-acre site. The site is located on the south side of Highway NC 54/Raleigh Road, between Hamilton Road and Finley Golf Course Road. The proposal is to replace the existing University Inn and the Avalon Medical Office Building and to construct six multi-story buildings with office, retail, residential uses, a hotel and associated parking.
Associated with the Special Use Permit Modification application are applications for a Zoning Text Amendment, to amend the “Mixed Use–Village” (MU-V) district, and a Zoning Atlas Amendment to rezone the property from Community Commercial (CC) to the proposed amended MU-V. Please refer to the accompanying memorandums for a discussion of the text amendment and rezoning applications.
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1952 |
The University Motor Inn was built. |
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March 27, 1989 |
A Special Use Permit application was approved for the “University Village” development that included retail and a movie theater. The plans encompassed the eastern portion of the site (includes the area occupied by the Aurora Restaurant, East-West Partners and the Prestwick Place Office Building). |
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February 1996 |
A Special Use Permit Modification application was approved, to reduce the boundary of the previously-approved Special Use Permit. |
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April 16, 2004 |
Community Design Commission reviewed a Concept Plan Proposal for the University Village property. |
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September 20, 2004 |
Town Council reviewed a Concept Plan Proposal for the University Village property. This proposal is the same as reviewed by the Community Design Commission April 16, 2004. |
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September 28, 2005 |
Community Design Commission reviewed a revised Concept Plan Proposal for the University Village. This proposal differed from the previous proposal. |
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October 19, 2005 |
Town Council reviewed the Concept Plan proposal that was presented at the Community Design Commission on September 28, 2005. |
Copies of the Town Council and Community Design Commission Summaries of Concept Plan Review and the applicant’s response are attached (Attachment 5, 6 and 7).
Town staff has reviewed this application for comparison with the standards of the Land Use Management Ordinance and the Design Manual and offers the following evaluation. Please note that the Special Use Permit will be discussed with the assumption that two accompanying applications will be enacted because the current Special Use Permit proposal is only possible with these actions preceding it.
We have reviewed this application for compliance with the standards of the Land Use Management Ordinance and Design Manual and offer the following evaluation.
Existing Conditions
Location: The 11.22-acre site is located on the south side of NC 54, between Glenwood Shopping Center to the west, and the Aurora Restaurant, McLean Office Building and Prestwick Place Office Building to the east. Across NC 54 to the west is Glen Lennox Shopping Center and neighborhood; to the east is the Oaks neighborhood. The Chapel Hill Golf Course borders the site to the south, separated by an unimproved public street (Prestwick Road). To the southwest and adjacent to the site is Town of Chapel Hill Fire Station Number 2 (on Hamilton Road). Farther to the west, along Prestwick Road, is Glenwood Elementary School.
The property is currently located in the Community Commercial zoning district and in the Watershed Protection District.
Existing Structures: Existing structures on the site include the University Inn, a two-story motel with accessory parking, and the Avalon Medical Office Building, with accessory parking. Primary access to the University Inn site is from NC 54; access to the Avalon building is from Hamilton Road. An internal access drive exists between the adjacent Aurora Restaurant site and the University Inn.
Access and Circulation: Currently vehicular access to the site is from the central driveway to University Inn on NC 54, from the Aurora parking lot and to the Avalon Medical Building from Prestwick Road. Sidewalks currently exist along the NC 54 frontage, along portions of Prestwick Road, and on both sides of Hamilton Road. Currently Prestwick Road is an unimproved gravel road from the Prestwick Office Building to Hamilton Road, yet paved from Hamilton Road to Glenwood Elementary School at its western terminus. A sidewalk exists along the Prestwick Office Building portion of the frontage.
Bus Stops: Existing bus stops in the vicinity of the site include two on the south side of NC 54, and three on the north side (including the stop at Glen Lennox Shopping Center).
Topography, Drainage, and Vegetative Cover: The site slopes gradually from the center of the site towards the east and west from an elevation of 306 feet at the center to 297 feet to the west and 291 feet to the east. Approximately 64 percent of the site is covered by impervious surface area. In addition to areas of established landscaping, the site includes ten specimen trees (over 18” diameter), including two notable trees that flank the entrance drive.
This proposal is for the demolition of the University Village Motel and the Avalon Medical Office Building located at the corner of Hamilton Road and NC 54, in order to construct a mixed-use development including 511,985 square feet of retail, office, hotel and residential use on an 11.2 acre site. The following floor area allocations are proposed: 238,904 sq ft residential (203 units), 58,487 sq ft retail, 120,214 sq ft office, and 70,000 sq ft hotel use. The proposal includes six buildings ranging from 4-6 stories, a traffic circle, a parking area which would double as a “market square,” a stage/seating area, and a small park area.
Primary vehicular access to the University Village site is proposed from an existing central driveway on NC 54, proposed as right in-right out only. Secondary access is from one driveway on Hamilton Road and three access driveways on Prestwick Road. Internal circulation includes one-way traffic to the west of the traffic circle, and two-way traffic to the east. Access to below grade parking decks (under Buildings 2, 5, and 6) is through Building 5, from Prestwick Road. Access to the Building 7 parking deck is from Prestwick Road and from the eastern side of the building, close to Prestwick Road. A traffic circle is proposed to help manage the flow of traffic within the site.
Sidewalks currently exist along portions of NC 54, on both side of Hamilton Road, and along portions of Prestwick Road west of Hamilton Road and adjacent to Prestwick Place. Interior pedestrian circulation is proposed through sidewalks along the edges of the parking areas, two pedestrian cut-through through Building 2 (the building which faces NC 54), and a parking lot/pedestrian plaza. Sheet C1.4 shows pedestrian circulation within the site, including pedestrian crossings within the traffic circle, and a pedestrian stair to the eastern portion of the site.
The following table provides the proposed intensity of development.
UNIVERSITY VILLAGE – PROPOSED LAND USE ANDBUILDING INTENSITIES |
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BldgNo. |
Floor Area(Sq Ft) |
Use |
No. Res. Units |
Floors(above grade) |
Overall height |
Setbackfrom street right-of-way |
Parking below grade |
Phase |
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69,452 |
Residential |
59 |
4 |
63’ |
44 ft (NC 54) |
No |
4 |
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TWO |
155,720 |
Retail 22% Office 78% |
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4 |
68’9” |
30 ft (NC 54) |
Yes
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1 |
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Stage/Seating Area |
145 ft (Hamilton) |
NA |
* |
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FOUR |
70,000
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Hotel
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NA |
5 |
62’9” |
26 ft (NC 54)
23 ft (Hamilton) |
NA |
* |
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FIVE |
79,970 |
Retail 15% Resid. 85% |
59 |
6 |
78’2” |
24 ft (Prestwick) |
Yes
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3 |
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SIX |
69,275 |
Retail 15% Resid. 85% |
55 |
6 |
75’5” |
26 ft (Prestwick) |
Yes
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2 |
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SEVEN |
43,1881 |
Resid. 40% Parking Deck 60% |
30 |
5
(3 level parking deck) |
71’11” |
24 ft (Prestwick) |
No |
1 |
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* To be determined Prepared by Town of Chapel Hill Planning Department
The Comprehensive Plan map identifies this site as Mixed-Use, Office/Commercial Emphasis. The property is located in Orange County, within the Town limits, the Town Urban Service Area, and is identified as Chapel Hill PIN 9798547612, 9798343837, and 9798350079.
Concept Plan Reviews
Proposals for this project have been reviewed by the Community Design Commission and the Town Council. The table below compares some of the differences between the previous Concept Plan proposals with the current Special Use Permit Modification application.
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2004 Concept Plan Proposal |
2005 Concept Plan Proposal |
2006 Special Use Permit Modification |
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Land Area |
9.11 acres |
11.2 acres |
11.2 acres |
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Floor Area |
337,500 sq ft |
477,900 sq ft |
511,985 sq ft |
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No. of Parking Spaces |
665 |
922 |
784 |
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Dwelling Units/ Acre |
19 |
17 |
18 |
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Affordable Units (percentage) |
30 percent |
30 percent |
30 percent |
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Impervious Surface |
55 percent |
63 percent |
64 percent |
Prepared by the Chapel Hill Planning Department
The staff evaluation of the Special Use Permit applicant will be discussed in this memorandum based on the assumption that:
The accompanying application for the Text Amendment amending the Mixed Use-Village zoning district will be enacted, with the standards and amended regulations as recommended by staff; and
That the Zoning Atlas Amendment application, to rezone the site from Community Commercial to Mixed Use-Village, will be enacted by the Council.
Zoning: The proposed dwelling unit density, building height, and proposed floor area comply with the proposed Mixed Use-Village district land use intensity standards as recommended by staff in the accompanying memorandum on the proposed text amendment amending the Mixed Use-Village zoning district
Modifications to the Regulations: As proposed, the Special Use Permit application does not comply with the following standards in the Land Use Management Ordinance: 1) landscape buffers (Section 5.6.2); 2) parking lot screening (Section 5.9.6); 3) parking lot shading (Section 5.9.6); and 4) loading spaces (Section 5.9.10).
We recommend that the applicant either comply with the requirements and standards of the recommended Mixed Use-Village zoning district or ask the Council to modify the requirements of the Land Use Management Ordinance for each of the noted items.
Intensity Standards (floor area): The applicant is proposing 511,985 square feet of floor area; including 176,919 square feet of residential floor area (203 residential units) and 58,487 square feet of convenience/general-type business and office-type business floor area and a 70,000 square foot hotel. The proposed floor area is within the maximum permitted floor area of the proposed Mixed Use-Village zoning district.
Dimensional Standards (setbacks): In the proposed Mixed Use-Village zoning district, 0-foot setback standards apply for the street, 0-foot setbacks for interior and 20-foot for solar setbacks. The proposal complies with the required setback limits.
Dimensional Standards (height): As recommended by staff in the accompanying text amendment memorandum, the maximum height limits for primary and secondary height limits in the amended Mixed Use-Village zoning district are 85 (at the setback line) and 114 feet respectively. The proposal complies with the required height limits.
Recreation Space: The proposed Mixed Use-Village zoning district requires that the applicant provide 11,016 square feet of recreation space. The applicant is proposing to provide 22,228 square feet of recreation space. We recommend that, prior to the issuance of a Zoning Compliance Permit the applicant submit details of the proposed recreation facilities for review and approval by the Town Manager.
Affordable Housing: Affordable housing is defined as attainable to families earning 80 percent or less of the median family (three person) income for the Raleigh-Durham-Chapel Metropolitan Statistical Area (MSA). The applicant has proposed 30 percent affordable housing, or 60 units (39 one-bedroom units, 21 two-bedroom units). The applicant proposes to market the affordable units cooperatively with the Orange Community Housing and Land Trust.
We recommend that 30 percent of the 203 proposed units be affordable; therefore we recommend that the applicant provide 61 affordable units. We recommend that submit an Affordable Housing Plan that addresses: 1) the provision of affordable units; 2) the eligibility of owners; 3) the marketing the units; 4) setting rates; 5) the assurance of the time period that units will be affordable; and 6) the assurance that units will remain affordable. We believe that the review and approval of an Affordable Housing Plan, by the Town Manager, prior to issuance of a Zoning Compliance Permit, will accomplish the affordable housing goals of the Town Council and those specified in the Town’s Comprehensive Plan. We have included a stipulation to this effect in Resolution A.
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 A.
Traffic Impact: The applicant has provided a Traffic Impact Analysis for this development, which examines the no-build and build-out scenarios for the year 2012 (one year after full build out). The report analyzes transportation impacts on five intersections on Highway 15-501 and seven intersections on NC 54 as well as the Hamilton Road/Prestwick Road, Finley Golf Course Road/Prestwick Road, and Finley Golf Course Road/Aurora Restaurant site driveway intersections. The analysis factors in trip reductions for: a) “pass-by” type trips (due to retail component of proposal); b) internal capture (due to the proposed mixed use); and c) transit (due to proximity to stops).
We note that the application has been revised from 922 parking spaces to the currently proposed 784 spaces. The application has slightly more office and residential and less retail than proposed at the time of the TIA preparation. The analysis also considers a second access drive onto NC 54, which had since been removed from the proposal. The staff has determined that the floor area and parking discrepancies as well as the removal of the access drive are all changes within the allowable variation for Traffic Impact Analysis review.
The analysis predicts a total of 5,600 new daily weekday trips, and assigns those trips with the results provided in Table ES-2: LOS and Delay Summary (Attachment 10). As mentioned in the Traffic Impact Analysis Summary, increases to vehicular delay at most intersections due to site-related traffic are not excessive. Although the Traffic Impact Analysis characterizes the U.S. 15-501 interchange with NC 54 as unsafe, and indicates that “improvements to reduce the number of vehicle crashes need to be implemented,” it does not include specific improvements related to this proposal.
The Traffic Impact Analysis Summary states “The key access consideration for the proposed University Village site is whether to allow full access at the existing median break along NC 54 that would serve as the primary site driveway.” The TIA recommends a “left-over” median overlap to prohibit left turns out of the existing main entrance driveway, as well as signalization at this intersection. Traffic Impact Analysis recommendations also include additional improvements NC 54 and Finley Golf Course Road.
We recommend that the applicant construct the following roadway improvements, based on the recommendations in the Traffic Impact Analysis.
We recommend that prior to the issuance of a Zoning Compliance Permit that the Town Manager and the NCDOT review and approve the above recommended improvements.
In addition to the roadway improvement recommended by the Traffic Impact Analysis we recommend that following improvements:
Raised Crosswalk on Prestwick Road: In order to facilitate access to the proposed future transit stop on Prestwick Road, to enable safe pedestrian crossing, and contribute to traffic calming on Prestwick Road, we recommend that the applicant either construct a raised pedestrian crosswalk across Prestwick Road or provide a $5,000 payment-in-lieu for the crosswalk. We recommend that the Town Manager reviews and approved the design and location of the crosswalk prior to the issuance of a Zoning Compliance Permit. Resolution A includes a stipulation to this effect.
Cross-Access: The applicant is proposing to eliminate the existing internal driveway connection between the University Inn and Aurora Restaurant site. We recommend that this connection remain. We recommend that applicant submit a recorded copy of a cross access easement for ingress and egress to and through the site from adjacent property to the east. A stipulation to this effect has been included in Resolution A.
NC 54 Bicycle/Pedestrian Path: The applicant proposes a 10-foot wide off-street bicycle/pedestrian path along the south side of NC 54, between Hamilton Road and Finley Golf Course Road. The proposed path will be located at least 6-8 feet away from the outside travel lane of eastbound NC 54. The proposed path is a continuation of the existing NC 54 bicycle/pedestrian path that runs along the south side of NC 54, adjacent to the Meadowmont Exchange Office complex.
We recommend that the applicant construct an asphalt bicycle/pedestrian path along NC 54 between Finley Golf Course Road and Hamilton Road. We recommend that where feasible, as determined by the Town Manager, that the path be located at least 6-8 feet from the highway and if possible, be located within the public right-of-way. We recommend that bicycle/pedestrian path be 10 feet in width along its entirety, unless otherwise determined by the Town Manager. We recommend the design of the bicycle/pedestrian path minimize pedestrian/vehicular conflict at the entrance driveway. We also recommend that the design minimize grading and land disturbance near the critical root zones of several specimen trees. We recommend that the final design and location of the bicycle/pedestrian path be reviewed and approve by the Town Manager prior to the issuance of a Zoning Compliance Permit.
We recommend that the bicycle/pedestrian path be completed prior to issuance of the first Certificate of Occupancy for this development and that the maintenance of the bicycle/pedestrian path be the responsibility of the Owners’ Association. We also recommend that the bicycle/pedestrian path follow the North Carolina Department of Transportation’s guidelines for design and signage and be constructed to the standards for off-road bicycle trails, as specified in either the American Association of State Highway and Transportation Officials (AASHTO) Guide for the Development of Bicycle Facilities document, or the North Carolina Bicycle Facilities Planning and Design Guidelines which are current at the time of construction.
We recommend that where feasible that the path be provided within a 15-foot wide public greenway easement. The easement be recorded at the Orange County Register of Deeds, and grant an easement in perpetuity to the Town of Chapel Hill. The recorded easement shall include wording that guarantees public pedestrian, non-motorized vehicle, and motorized wheel chair access. The easement must also guarantee the Town of Chapel Hill’s right to construct and maintain the trail, allow for access of emergency vehicles, signage, or any other function necessary to guarantee public safety. The recorded easement shall also include sketch maps indicating the location of the trail within the easement and nearby points of reference, such as public streets.
Bus Transit: Existing bus stops in the vicinity of the site include two on the south side of NC 54, and three on the north side (including the stop at Glen Lennox Shopping Center). One bus stop on the south side of NC 54, near the Avalon Medical Building, includes a shelter and a bench. The second NC 54 bus stop along the south side of Raleigh Road is closer to Finley Golf Course Road and has no amenities. On the north side of NC 54, a bus stop exists at Burning Tree Drive has two benches, a shelter, trash can, and bicycle racks. The bus stop at Oakwood Drive has no amenities. The bus stop at Glen Lennox Shopping Center has a shelter.
With respect to transit improvements we recommend the following:
A $6,500 payment-in-lieu for a bus shelter at either Rogerson Drive or for a second shelter at Burning Tree Drive.
A $6,500 payment-in-lieu for a future bus shelter along Prestwick Road or, if determined reasonable by the Town Manager, the payment may be held until such time that it can be applied toward the construction of a future transit stop on Prestwick Road.
A $10,000 payment-in-lieu for a bus pull-off along the north side of NC 54 between Burning Tree Drive and Hamilton Road, to be constructed at such time that right of way becomes available.
A $24,800 payment-in-lieu for the implementation and installation of solar-generated electronic bus schedules at the Glen Lennox Shopping Center bus stop and at a future bus stop on the north side of NC 54 between Burning Tree Drive and Hamilton Road.
The above recommendations are included in Resolution A.
Fixed Guideway Transit: The adopted fixed guideway alignment for the future regional rail corridor is part of the MPO’s 2030 Transportation Plan, adopted by the MPO Advisory Committee, endorsed by the Town Council on January 26, 2004, and adopted by the Transportation Advisory Committee on April 13, 2005. The applicant has identified this future transit corridor on the site plan.
The alignment for the transit corridor in this area is shown adjacent to the University Village property. The corridor is shown along Prestwick Road, between Meadowmont Village and the University of North Carolina campus (Attachment 12). The University of North Carolina has agreed to accommodate the 50 foot alignment south of Prestwick Road (Attachment 11).
Parking: The number of required parking spaces for the combination of uses proposed is 495. In addition to the 251 surface parking spaces proposed, 156 are proposed in the basements of Buildings 2, 5, and 6, and 377 are proposed in a parking deck.
The site plan indicates 103 off-site parallel parking spaces on Prestwick Road, to be created with this application. Because theses spaces are proposed on a public street, they can not be included in the parking totals. A sidewalk is proposed on both sides of Prestwick Road. With respect to the sidewalk on the south side of the road (adjacent to the UNC golf course) it will be necessary for the applicant to contain an easement from the University in order to construct this improvement. If the applicant is unable to obtain this off-site construction easement, we recommend that the approved Special Use Permit Modification prohibit parallel parking along the south side of Prestwick Road. We have included this stipulation in Resolution A.
Bicycle Parking: The Land Use Management Ordinance requires that this proposed development provide a total of 279 bicycle parking spaces: 18 for the proposed commercial floor area; 31 for the office area; and 230 spaces for the residential buildings. These standards are part of the Town’s Design Manual, incorporated by reference into the Land Use Management Ordinance. We have included a stipulation in Resolution A requiring the applicant to provide a total of 279 bicycle parking spaces and comply with the Class I and Class II bicycle parking standards in the Design Manual.
Transportation Management Plan: We recommend that a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit for the convenience/general-type business and office-type business portion of the development. This plan shall be updated and approved annually by the Town Manager. The required components of the Transportation Management Plan shall include:
Provision for designation of a Transportation Coordinator;
Provisions for an annual Transportation Survey and Annual Report to the Town Manager;
Quantifiable traffic reduction goals and objectives;
Ridesharing incentives;
Public transit incentives;
Traffic demand strategies for employees and residents of the site including items such as car sharing vehicles or posted transit information
Other measures subject to approval by the Town Manager.
We have included a stipulation to this effect in Resolution A.
Landscape Buffers: The Land Use Management Ordinance requires landscape bufferyards around the perimeter of the site. The following table indicates landscape buffers that would otherwise be required by the Land Use Management Ordinance. In lieu of providing the standard landscape bufferyard width and landscape materials as required by the Design Guidelines, the applicant is proposing to provide “planting areas.” The following table compares the applicant’s proposal to the required bufferyard areas.
Location |
Bufferyard Required |
Planting Area Proposed |
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NC 54/Raleigh Road
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Type “D” / 30’ wide |
10-150’ wide “planting area” |
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Hamilton Road
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Type “C “ / 20’ wide |
10’ wide “planting area” |
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Internal eastern edge (Prestwick Place/Aurora Restaurant)
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Type “B” / 10’ wide |
8’ wide “planting area” |
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Prestwick Road
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Type “C” / 20’ wide |
0-10’ wide “planting area” |
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Internal western and southern edge (Fire Station No )
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Type “B” / 10’ wide |
8’ wide “planting area” |
We recommend that the either provide the minimum required landscape bufferyards or seek a modification of regulations from the Council from the minimum landscape buffer requirements.
Landscape Screening and Shading: In addition to buffer requirements, we note that the applicant’s proposal does not appear to meet ordinance landscaping standards from the following sections of the Land Use Management Ordinance:
Section 5.9.6(a): 5-foot wide planting strip around the building
Section 5.9.6(b): 8-foot buffer strip at entryways into parking facilities
Section 5.9.6(d): parking lot shading requirements
We recommend that the applicant either revise the plans to comply with these screening and shading requirements, or request a modification to the regulations. We have included stipulations requiring compliance with these requirements in Resolution A.
Plantings in the Public Right-of-Way: The applicant is proposing to construct roadway improvements within the NC 54 right-of-way. We anticipate that the improvements will require the applicant to remove some landscape materials in the NC 54 median. A portion of the landscape materials within the right-of-way median was recently planted by the Town. We recommend that the applicant either relocate the landscaping elsewhere in the median or cooperate with the Town to replant it elsewhere.
A portion of the Finley Golf Course Road right-of-way, adjacent to the Aurora Restaurant parking lot, contains a landscaped bufferyard that screens a portion of the Aurora parking lot. We believe that recommended improvements to Finley Golf Course Road will result in the removal of all planting within the right-of-way. If adequate planting area remains, either within the right-of-way or on the adjacent property, we recommend that the applicant replace this bufferyard. We recommend that the applicant submit a landscape replanting plan for this area, prior to the issuance of a Zoning Compliance Permit. We also recommend that any planting plans within NCDOT right-of-way be reviewed and approved by NCDOT prior to the issuance of a Zoning Compliance Permit.
Landscape Protection and Planting Plan: We recommend that tree protection fencing be shown along the entire limits of disturbance associated with improvements on Prestwick Road and along the west side of Finley Golf Course Road. When determined necessary by the Town Manager, we recommend that chain linked fence is provided in place of the standard plastic tree protection fence.
We recommend that detailed landscape planting and maintenance plans be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
Building Elevations: We recommend that detailed building elevations be approved by the Community Design Commission, prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Lighting Plan: We recommend that a detailed lighting plan be approved by the Community Design Commission, prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Environmental
Leadership in Energy and Environmental Design (LEED): The applicant is proposing to construct the University Village development to the Leadership in Energy and Environmental Design (LEED) certification standard, established by the Green Building Council. The intent of LEED standards is to assist in the creation of high performance, healthful, and environmentally sound buildings. Development is awarded points in six categories, including a) Sustainable Sites; b) Water Efficiency; c) Energy and Atmosphere; d) Materials and Resources; e) Indoor Environmental Quality; and f) Innovation and Design Process. The LEED point system has three levels of increasing performance requirements including silver, gold, and platinum. The University Village development is proposing to obtain silver LEED certification, through elements such as the use of native species in landscaping and water reuse in operations.
We believe the applicant will provide additional information on their proposal to obtain Silver LEED Certification at tonight’s meeting.
Watershed Protection District & Stormwater Management: The development is located in the Watershed Protection District and therefore must comply with either the low-density or high-density options of the Land Use Management Ordinance. The applicant has chosen to comply with the high-density option which, in this particular case, allows a maximum impervious surface of 70 percent. The applicant is proposing on-site water quality retention basins that would control stormwater runoff from the first inch of rainfall. The applicant’s materials indicate that 64 percent of the site would include built-upon area (impervious surfaces). We have included our standard stipulations in Resolution A regarding the stormwater retention pond conformance with the regulations of the Watershed Protection District.
There are two proposed underground detention systems – each consisting of 72” pipes to provide storage, followed by a series of two weir boxes. The site is not located in the Resource Conservation District.
Stormwater Operations and Management Plan: We recommend that the applicant provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the owner’s financial responsibility and include a maintenance schedule for the facilities, to ensure that it continues to function as originally intended, to be approved by the Town Manager. We have included a stipulation to this effect in Resolution A.
Stormwater Drainageway Easement: We recommend that the applicant provide stormwater drainageway easements on-site (and off-site, if off-site facilities are necessary) for stormwater facilities in accordance with Town guidelines, to be approved by the Town Manager. In addition, we recommend that notes be included on the Stormwater Management Plan and easement plat that provide for periodic maintenance of stormwater facilities. We have included stipulations to this effect in Resolution A.
Erosion Control: We recommend that an Erosion Control Plan for the site be approved by the Orange County Erosion Control Officer, and be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Utilities and Services
Refuse Management and Recycling: The applicant proposes to provide two Town refuse and recycling facilities – one in the southeast corner of the site, and one in the northwest corner (adjacent to the west side of the proposed hotel). Each refuse/recycling collection area includes a cardboard recycle-dumpster. We believe that recycle rooms are proposed at all residential and business occupancies.
The Land Use Management Ordinance requires that a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing of construction debris and demolition waste, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Utilities: There is an existing utility line that runs along Prestwick Road. We recommend that all utility lines, other than 3-phase electric power distribution lines, be placed underground and be indicated on final plans. We have included a stipulation to this effect in Resolution A.
An OWASA easement exists to the west of the site, along the border with the Fire Station property, and then continuing straight north. An OWASA easement with a sanitary sewer line also runs along the NC 54 frontage of the site.
The Land Use Management 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. We have included a stipulation to this effect in Resolution A.
Fire: We recommend that a fire flow report, that demonstrates compliance with Town Standards, sealed by an engineer registered in the State of North Carolina, be provided for review and approval by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
The floor area and height of this proposal requires installation of an automatic sprinkler system. We have included a stipulation to this effect in Resolution A.
It is Town Policy that all structures must be located within 500 feet of a fire hydrant. The Town also seeks to maintain a 50-foot maximum distance between fire hydrants and fire department connections located in a clearly visible and accessible location on the street side of buildings. We have included stipulations to this effect in Resolution A
Construction Management Plan: We recommend that a Construction Management Plan, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We recommend that the construction management plan: 1) indicating how construction vehicle traffic will be managed, 2) identify parking areas for on-site construction workers including plans to prohibit parking in residential neighborhoods, 3) indicate construction staging and material storage areas, and 4) identify construction trailers and other associated temporary construction management structures. We have included a stipulation to this effect in Resolution A.
Traffic and Pedestrian Control Plan: We recommend that the applicant provide a Work Zone Traffic Control Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction. The plan must include a pedestrian management plan indicating how pedestrian movements, including pedestrian using the existing transit system, will be safely maintained. The plan must be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We also recommend that the applicant apply to the Town Manager for any street closure permit at least 5 working days prior to closing the street. We have included a stipulation to this effect in Resolution A.
Recombination Plat: We recommend that a recorded recombination plat be provided prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Comprehensive Plan: The Comprehensive Plan, adopted by the Town Council May 8, 2000, identifies this property as Mixed Use, Office/Commercial Emphasis.
Special Use Permit Findings
For approval of a Special Use Permit Modification, the Council must make the following findings, as set forth in Article 4.5.2 of the Land Use Management Ordinance:
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;
That the use or development complies with all required regulations and standards of this Chapter, including all applicable provisions of the Land Use Management Ordinance;
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
That the use or development conforms with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.
Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made, with the modification of regulations noted previously.
Based on information available at this stage of the application review process, we believe that with:
The enactment of the accompanying Land Use Management Ordinance Text Amendment, as recommended by staff, to modify the Mixed Use-Village zoning district; and
The approval of the Zoning Atlas Amendment application to rezone the site from the current Community Commercial district to the staff-recommended amended Mixed Use-Village zoning district; and
The proposed Special Use Permit Modification with conditions in Resolution A and proposed modifications to regulations complies with the requirements of the Land Use Management Ordinance, the Design Manual, and that the proposal conforms with the Comprehensive Plan.