ATTACHMENT 1
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SUBJECT: |
Public Hearing: North Carolina Botanical Garden Visitor Education Center – Application for Special Use Permit, Planned Development-Office and Institutional (File No. 9788-91-7972) |
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DATE: |
March 19, 2007 |
We have received a request for approval of a Special Use Permit, Planned Development-Office and Institutional, development which proposes expansion of the North Carolina Botanical Garden facility located on the southeast side of Fordham Boulevard between Old Mason Farm Road and Coker Drive. The proposal includes the construction of 29,496 square feet of new floor area including a Visitor’s Education Center with classrooms, exhibit hall, and auditorium. A redesigned parking lot including 14 new parking spaces is also proposed. The proposed Special Use Permit boundary is 35.59 acres, being a portion of the 88 acre Botanical Garden site. The site is located in the Residential-1 (R-1) zoning district, with portions in the Resource Conservation District and the federally regulated 100-year Floodplain. The site is identified as Orange County Parcel Identifier Number 9788-91-7972.
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June 16, 2004 |
Community Design Commission reviewed a Concept Plan proposal (Attachment 9). |
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June 30, 2004 |
Town Council reviewed a Concept Plan proposal (Attachment 8). |
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November 22, 2004 |
Town Council adopted a resolution to close that portion of the Laurel Hill Road public right-of-way between Old Mason Farm Road and Coker Drive (Attachment 5). |
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September 11, 2006 |
Town Council granted expedited processing of the Special Use Permit application for the North Carolina Botanical Garden Visitor Education Center. |
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.
Location: The proposed 35.59-acre Special Use Permit boundary is part of the 88-acre NC Botanical Garden site. The site is located on the south side of Old Mason Farm Road at the intersection of Fordham Boulevard. An electrical substation owned and operated by the University of North Carolina is adjacent on the east. The Ronald McDonald House is across Old Mason Farm Road on the north. The Hunt Arboretum lies along the southern border and Coker Drive is on the west. The NC Botanical Garden is located on property owned by the University of North Carolina at Chapel Hill.
The property is located in the Residential-1 (R-1) zoning district and in the Watershed Protection District. Portions of the site are located in the Resource Conservation District (RCD) and the federally regulated 100-year Floodplain.
Existing Structures: Existing structures on the site include the Totten Center (containing classrooms, the existing Visitor Education Center, and offices), garden paths and outdoor plant displays. Visitors’ and staff gravel parking lots include parking for 116 cars. Various gazebos, arbors, and outbuildings are located throughout the garden.
Access and Circulation: Primary vehicular access to the site is from Old Mason Farm Road. Laurel Hill Road bisects the site and connects Coker Drive on the south with an entrance onto Fordham Boulevard on the north. The Totten Center and display gardens are located on the west side of Laurel Hill Road. Visitors’ parking and woodland paths are located on the east side of Laurel Hill Road. Staff parking is located on the west side of Laurel Hill Road. Internal on-site gravel paths circulate visitors throughout the various environments, gardens, and habitats found on the site.
No public sidewalks serve the site along Old Mason Farm Road, Fordham Boulevard or Coker Drive.
Bus Stops: There are no bus stops on Old Mason Farm Road or on Fordham Boulevard in the vicinity of the North Carolina Botanical Garden. The closest bus stops are on NC 54 at Glen Lennox and on Manning Drive on the UNC campus.
Topography, Drainage, and Vegetative Cover: The Meeting of the Waters Branch, a tributary of Morgan Creek, crosses the property along the southeast and southern portions of the site. Some areas of 100-year Floodplain exist along the tributary. The site slopes down from Fordham Boulevard to the northern banks of the Meeting of the Water Branch. The steepest area of the site lie at 12%-13% slopes. Approximately 9 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 on Old Mason Farm Road.
This proposal is for the expansion of the North Carolina Botanical Garden. The proposal includes a 29,496 square foot Visitor Education Center comprised of three buildings. The front entrance is adjacent to the visitor parking area and includes a drop-off and entry landing leading up to the buildings. The rear of the building faces the Meeting of the Waters tributary and woodland gardens. A terrace with garden walls and planting areas is proposed to link the three buildings together along with covered walkways. The terrace leads to a conservation and bog garden and a pedestrian link to the main pedestrian woodland garden paths.
Fourteen additional parking spaces and a new visitor bus drop-off and handicapped accessible area are proposed. An outdoor classroom, horticultural therapy outdoor space, children’s garden, interpretive landscape area, pedestrian paths and new screened service yard are all part of the proposed expansion. Cisterns to collect rainwater from the roofs are proposed to be used for irrigation and geo-thermal wells are proposed to assist with building heating.
Vehicular access to and from the site is proposed from a relocated main entry driveway on Old Mason Farm Road. New pedestrian and bicycle circulation are proposed by a network of paths throughout the site.
Proposals for this project have been reviewed by the Community Design Commission and the Town Council in 2004. The table below compares some of the differences between the previous Concept Plan proposals with the current Special Use Permit application.
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Concept Plan Proposal |
Special UsePermit Application |
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Community Design Commission |
Town Council |
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New Floor Area |
74,746 sq. ft. |
68,000 sq. ft. |
29,496 sq. ft. |
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Educations Center, Herbarium/Library |
Yes |
Yes |
Education Center only |
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New Parking Spaces |
48 |
48 |
14 |
With respect to differences between Concept Plans and the Special Use Permit application, the floor area and parking figures are different due to changing design concepts for the facility. In particular the applicant’s Concept Plan proposals included a herbarium/library building. This building is not included in the Special Use Permit application.
Zoning: The site is zoned Residential-1 (R-1). Some of the permitted uses in the Residential-1 (R-1) zoning district include single family dwellings, child and adult day care facilities, primary or secondary school, non-profit recreational facility, places of worship, and public use facilities.
The North Carolina Botanical Garden is part of The University of North Carolina at Chapel Hill. The Land Use Management Ordinance permits university and college land use in the Residential-1 zoning with the approval of a Special Use Permit for a Planned Development-Office and Institutional (PD-OI).
Across Old Mason Farm Road to the north, the University of North Carolina property is zoned Office/Institutional-2 (OI-2). Adjacent to the site on the east, land is zoned Industrial (I) and Office/Institutional-2 (OI-2).
Comprehensive Plan: The Land Use Plan, a component of the Comprehensive Plan, identifies this site as Institutional. The property is located in Orange County, within the Town limits, the Town Urban Service Area, and the Resource Conservation District.
Intensity and Dimension Standards: The applicant is proposing 29,496 square feet of new floor area. The proposed floor area is within the maximum permitted floor area for the Residential-1 zoning district. In the Residential-1 zoning district, 28-foot setback standards apply for the street, 14-foot setbacks for interior and 17-foot for solar setbacks. The proposal complies with the required setback limits. The maximum height limits for primary and secondary height limits in the Residential-1 zoning district are 29 feet (at the setback line) and 40 feet respectively. The secondary height proposed for the Visitor Education Center is 38 feet. The proposal complies with the required height limits.
Traffic Impact: This project was exempted from a Traffic Impact Analysis. For additional information please refer to Attachment 13.
Laurel Hill Road Right-of-Way Abandonment: On November 22, 2004, the University received approval from the Council to abandon a section of the Laurel Hill Road public right-of-way, adjacent to the Botanical Garden property. The roadway is located south of Fordham Boulevard and east of Manning Drive. This abandoned portion of Laurel Hill Road is approximately a quarter of a mile long and connects Coker Drive with Fordham Boulevard.
The adopted resolution stipulated several improvements to be completed prior to closing the roadway (Attachment 5) as described below:
Preliminary design plans for the improvements described in 1 and 2 above have been reviewed by Town staff. In order to begin construction for these intersection improvements it will be necessary for the applicant to obtain an Engineering Construction Permit from the Town of Chapel Hill. A permit will also be necessary from NCDOT for improvements at the Fordham Boulevard/Manning Drive intersection as well as improvements along Old Mason Farm Road. As of this time, the applicant has not applied for the necessary permits for this work.
With respect to condition 3 (bicycle and pedestrian corridor connecting Coker Drive and Old Mason Farm), the design and location for this improvement is identified on the submitted Special Use Permit plans. As shown on the Special Use Permit plans, the applicant is proposing to satisfy the bicycle and pedestrian corridor in the following manner:
The Special Use Permit proposal shows the remaining portion of Laurel Hill Road, between Fordham Boulevard and the entrance to the Visitor Education Center, as being removed and replaced with parking areas, including handicapped parking, and a visitor bus drop-off area. The Special Use Permit plans also indicate that the Fordham Boulevard sound barrier across the Laurel Hill Road/ US 15-501 intersection will be extended.
Old Mason Farm Road: The applicant is proposing to direct stormwater runoff into existing vegetative swales along their frontage on Old Mason Farm Road. The applicant believes the proposed program for utilization of Best Management Practices to manage stormwater is inconsistent with installation of curb and gutter. The applicant indicates that curb and gutter systems increase the concentration of stormwater runoff collected and moved from the site. The application proposes stormwater runoff directed into vegetative swales where it would be allowed to infiltrate and return to the ground naturally.
The Council recently approved a Special Use Permit for the Family House project, located on the north side of Old Mason Farm Road, across from the North Carolina Botanical Garden. The Council approval for the Family House stipulated that the Family House applicant construct the Old Mason Farm Road street frontage with curb and gutter.
We believe the applicant’s proposal to allow vegetated swales along the Old Mason Farm Road property frontage, in lieu of installing curb and gutter as required on the opposite side of Old Mason Farm Road, is reasonable. We have included a stipulation to this effect in Resolution A.
The Town recently completed a construction project involving the relocation of the Highland Woods Road/Old Mason Farm Road intersection. The applicant is proposing to relocate the existing Old Mason Farm Road access drive directly across from the relocated Highland Wood intersection. We recommend that a note be placed on the final plans that the existing driveway locations to be closed at such time that the proposed new driveway location is fully functional. We have included a stipulation in Resolution A to this effect.
Bicycle Lanes and Sidewalks: The Town’s 2007-2013 Transportation Improvement Priority List calls for bicycle lanes and sidewalks along Old Mason Farm Road and Finley Golf Course Road. The adopted Bicycle and Pedestrian Action Plan also calls for a sidewalk on one side of Old Mason Farm Road and Finley Golf Course Road as well as identifying the street as a corridor for bicycle and pedestrian improvement. We recommend the following bicycle and pedestrian improvements:
Vehicular Parking: The site currently provides 116 parking spaces for staff and visitors in gravel lots on both sides of Laurel Hill Road. Access to the visitor parking lot is from Old Mason Farm Road. The applicant is proposing to redesign the visitor parking area and add 14 new parking spaces for a total of 130 on-site parking spaces. Twenty-six parking spaces are to be relocated within a portion of the abandoned Laurel Hill Road right-of-way. A portion of the abandoned right-of-way will also include handicapped parking, school/tour bus parking and a visitor bus drop-off. A parking area is also proposed in the northwestern-most corner of the site adjacent to the Fordham Boulevard and Old Mason Farm Road intersection.
The Land Use Management Ordinance does not specify a standard number of required vehicle parking spaces for a college/university use. Where minimum parking requirements are not specified in the Land Use Management Ordinance, the Council may determine the parking requirements for the use. The applicant believes that, based on current use of the Totten Center, the proposed parking will be adequate for both daily use and special programs anticipated for the new Visitor Education Center. They believe that the ratio of parking to floor area is appropriate for this type of facility and the surrounding natural area. We believe that the applicant’s parking proposal is reasonable. We have included a stipulation in Resolution A for a maximum of 130 parking spaces.
All parking spaces are proposed to be constructed of porous pavement (“Gravel-Pave”) that includes a base of plastic rings filled with fine gravel. We recommend that the parking lots be constructed to Town standard dimensions for parking spaces. We have included a stipulation to this effect in Resolution A.
The drive aisles are proposed to be constructed of porous concrete pavers that are designed to handle the weight of emergency and service vehicles. We recommend that the applicant submit additional performance information for the heavy duty porous concrete “Eco-Pave” material proposed. We have included stipulations in Resolution A for the pavers and drive aisles to be able to handle emergency/service vehicles and be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
Bicycle Parking: The Land Use Management Ordinance does not have specific bicycle parking requirements for a college/university use. The applicant is proposing 30 Class II and 8 Class I spaces. We believe this is reasonable. We have included a stipulation in Resolution A for a total of 38 bicycle parking spaces to be provided on-site. Resolution A also stipulates that 30 of the bicycle parking spaces to be Class II and 8 be Class I and that the spaces comply with the Class I and Class II parking standards in the Design Manual.
It will be necessary to provide details of the location of the proposed bicycle parking on the final plans and that Class II bicycle parking be the inverted “U” rack type. We have included a stipulation in Resolution A to this effect.
Bus Transit: No additional stops or improvements are included or recommended with this application.
Landscape Buffers: The Land Use Management Ordinance requires the following bufferyards:
Landscape Bufferyards |
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Location |
Min. Requirements |
Proposed |
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Fordham Boulevard |
Type “D” - 30’ wide |
Alternate buffer (sound wall) |
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Old Mason Farm Road |
Type “C” - 20’ wide |
20’ wide, Type “C” & Alt. Buffer |
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OWASA substation |
Type “B” / 10’ wide |
10’ wide, Type “B” |
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Coker Drive, Manning Drive and internal buffers |
Type “C” / 20’ wide |
20’ wide, Type “C” |
Fordham Boulevard is classified as an arterial street. According to the Land Use Management Ordinance a Type D, 30-foot buffer is required. Currently a sound wall exists along the Fordham Boulevard frontage. The applicant is proposing an alternate buffer along Fordham Boulevard that includes an extension of the sound wall. The wall is proposed to be extended across the proposed closed portion of Laurel Hill Road on Fordham Boulevard and also to extend around the Old Mason Farm/Fordham Boulevard intersection for approximately 55 feet. The portion of the sound wall proposed as part of the Laurel Hill Road closure is to be coordinated with NCDOT and match the existing wooden sound wall. The portion of the proposed sound wall along Old Mason Farm Road is to be installed by the applicant or NCDOT.
A portion of the Old Mason Farm Road landscape buffer is shown containing the proposed 10-foot wide pedestrian and bicycle path. The path cannot be counted as a portion of the required 20-foot buffer therefore, the applicant must provide a full-width buffer or an Alternate Buffer with approval by the Community Design Commission.
We have included stipulations in Resolution A for the required landscape bufferyards to be provided. We also recommend that prior to the issuance of a Zoning Compliance Permit that the Community Design Commission review and approve any alternate buffers. We have included a stipulation in Resolution A to this effect.
Landscape Screening and Shading: In addition to buffer requirements, the applicant’s proposal must meet ordinance landscaping standards from the following sections of the Land Use Management Ordinance:
We have included a stipulation in Resolution A requiring the above landscape planting and a parking lot shading plan to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We do not anticipate any difficulty meeting these standard stipulations.
Landscape Protection and Planting Plan: We recommend that the final plans provide a landscape protection plan on a single sheet. We recommend that the plan clearly indicate all trees to be removed and the location of tree protection fencing. It will be necessary to add tree protection fencing in the island near the parking lot entrance. We have included stipulations to this effect in Resolution A. It will be necessary to show on the Landscape Protection Plan areas containing Significant Tree Stands. We have included a stipulation in Resolution A to this effect.
Building Elevations: The Land Use Management Ordinance requires 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: The Land Use Management Ordinance requires 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.
Leadership in Energy and Environmental Design (LEED): The applicant is proposing to construct the North Carolina Botanical Garden Visitor Education Center to the Leadership in Energy and Environmental Design (LEED) certification standard, established by the Green Building Council. The applicant’s Statement of Justification notes that “The project will set a new standard for environmentally friendly public buildings in the state and region, striving to achieve a platinum (highest) level on the US Green Building Council LEED rating system.” [Applicant’s Statement] Please refer to the LEED-NC Project Checklist for additional information (Attachment 14).
Watershed Protection District: The applicant is proposing to decrease impervious surface on the site by 5.6% with removal of portions of Laurel Hill Road pavement.
This proposal is located within the Town’s Watershed Protection District; however developments located on state-owned land are not subject to the Town’s Watershed District Protection regulations. We understand the University of North Carolina reports to the State of North Carolina for compliance with Watershed Protection regulations.
Resource Conservation District: A portion of the site is located in the Town’s Resource Conservation District. Developments located on state-owned land are not subject to the Resource Conservation District regulations. A portion of the Resource Conservation District Upland Buffer is proposed to be disturbed with the installation of water and sewer lines. A portion of a stormwater management facility is also proposed within the Resource Conservation District. These are activities allowed in this portion of the Resource Conservation District.
The site also contains federally regulated 100-year Floodplain. No land disturbance is proposed within the 100-year floodplain.
Stormwater Management: The Land Use Management Ordinance regulates stormwater rate, volume and quality. Regarding volume, the Stormwater Management Plan for the site employs a low impact development strategy to reduce runoff volume. The strategy attempts to directly minimize runoff impacts through reduction of impervious surfaces and increase groundwater infiltration using several methods:
1. Minimize impacts of new parking area;
2. Utilization of porous pavements;
3. Utilization of rainwater harvesting (proposed cistern and under terrace runoff storage);
4. Amending soils in disturbed areas to be revegetated to increase runoff infiltration; and
5. Utilization of sheet flow from impervious pavement directed to bio-retention areas.
Regarding water quality, three terraced check dams are proposed for bioretention below the Visitors Education Building. Additionally, nine other bioretention basins are proposed throughout the site. The largest basin is on the east side of the driveway entrance. We have included our standard stipulations in Resolution A regarding the stormwater retention pond conformance.
Prior to the issuance of a Zoning Compliance Permit the applicant will need to submit a Stormwater Management Plan for review and approval by the Town Manager. The plan should include low-impact stormwater management solutions and best management practices, such as bio-retention, pervious pavements, underground storage, infiltration trenches, vegetative swales and similar techniques.
Erosion Control: We recommend that an Erosion Control Plan for the site be approved by the State of North Carolina 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.
Refuse Management and Recycling: The applicant proposes to provide a dumpster and recycling area at the southern end of the proposed Visitor Education Center. The service area is accessed off the closed portion of Laurel Hill Road. Orange County Solid Waste Department has discussed this project with the University’s Solid Waste Services. Based on a March 2000 agreement between the Town and the University, the University is responsible for conducting their own Solid Waste Management Plan review process.
Utilities: The applicant is proposing to install an 8-inch sewer main to serve the proposed Visitor Education Building. This utility is to be constructed between Old Mason Farm Road, and the proposed Visitor Education Center. The utility will include a reclaimed water line for the Visitor Education Center. The applicant also proposes to use this new sewer main for a future 6-inch sewer connection to the Totten Center. At such time that this improvement is completed, the existing sewer line to the Totten Center will be abandoned.
We recommend that the any improvements, as required by OWASA, be approved by OWASA and the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
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.
Section 5.12.2 of the Land Use Management Ordinance requires that all utility lines, other than 3-phase electric power distribution lines, shall be underground and shall be indicated on final plans. We have included a stipulation to this effect in Resolution A.
Fire: We recommend that the southern portion of Laurel Hill Road that will remain as a vehicular and bicycle access lane, be designated as a fire department access road. We recommend that the portion of the roadway between Coker Drive and the entrance to the proposed Visitor Education Center be maintained as a paved 20-foot wide access lane, including a bicycle corridor and the applicant provide adequate access for the Town’s aerial fire apparatus. We recommend that the proposed driveway into the staff parking lot must provide no less than a 26-foot turning radius for aerial fire apparatus access and 26 feet of access in the proposed service area for access to the Visitor Education Center. We have included a stipulation for fire access to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
Hydrant Location: The applicant has proposed to locate one new fire hydrant at the service area for the Visitor Education Center. We have included a stipulation in Resolution A that the hydrant location be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
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) indicate 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 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.
As-Built Drawings: Prior to the issuance of a Occupancy, it will be necessary for the applicant to provide as-builts for building footprints, storm drainage systems, and all other existing or proposed impervious surfaces. The as-builts should be in DXF binary format using State plane coordinates. We have included this stipulation in Resolution A.
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 conclusion is that these findings can be made.
We believe the proposed Special Use Permit with conditions in Resolution A complies with the requirements of the Land Use Management Ordinance, the Design Manual, and that the proposal conforms with the Comprehensive Plan.
Resolution A would approve the application with conditions.
Resolution B would deny the application.