memoranduM
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to: |
Roger L. Stancil, Town Manager |
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from: |
J.B. Culpepper, Planning Director Gene Poveromo, Development Coordinator |
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date: |
March 19, 2007 |
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subject: |
Public Hearing: University of North Carolina Botanical Garden Visitor Education Center - Application for Special Use Permit, Planned Development-Office and Institutional (File No.9788-91-7972) |
Attached for your consideration is a request for a Special Use Permit for the North Carolina Botanical Garden facility. Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of the application, as the Council determines the appropriate requirements to include as conditions of approval.
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June 16, 2004 |
Community Design Commission reviewed a Concept Plan proposal (Attachment 10). |
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June 30, 2004 |
Town Council reviewed a Concept Plan proposal (Attachment 9). |
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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). The resolution included the following conditions:
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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. |
The applicant is proposing to expand facilities at the North Carolina Botanical Garden. The proposal includes a 29,496 square foot Visitor Education Center comprised of three buildings. Fourteen additional parking spaces and a new visitor bus drop-off and handicapped accessible area are proposed. 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.
The Land Use Management Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Town standards; we have presented a report to the Planning Board; and tonight we submit our report and preliminary recommendation to the Council.
The standard for review and approval of a Special Use Permit application involves consideration of four findings (description of the findings follows below). Evidence will be presented tonight. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Land Use Management Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.
We have evaluated the application regarding its compliance with the standards and regulations of the Town’s Land Use Management Ordinance. Based on our evaluation, our preliminary conclusion is that the application as submitted complies with the regulations and standards of the Land Use Management Ordinance and Design Manual, with the conditions included in Resolution A.
Tonight the Council receives our attached evaluation and information submitted by the applicant and citizens. The applicant’s materials are included as attachments to this memorandum. All information that is submitted at the hearing will be included in the record of the hearing.
Based on the evidence that is submitted, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit and whether it chooses to approve the proposed modification of regulations.
The four findings are:
Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application.
We have identified one key issue associated with this development, discussed below.
Laurel Hill Road Pedestrian Paths and Bicycle Corridor: On November 22, 2004, the Council adopted a resolution to abandon a section of the Laurel Hill Road public right-of-way adjacent to the Botanical Garden (Attachment 5). The resolution stipulated several improvements to be completed prior to closing the roadway including:
Installation of a right turn lane on Manning Drive at its intersection with Fordham Boulevard.
Realignment and reconstruction of the intersection of Coker Drive and Laurel Hill Road.
Installation of an improved bicycle and pedestrian corridor connecting Coker Drive and Old Mason Farm Road with access 24 hours per day, seven days a week.
The design and location for the bicycle and pedestrian corridor improvement is identified on the submitted Special Use Permit site plans (Plan Sheet L-101.0) and partially located on the existing Laurel Hill Road pavement, between Coker Drive and just north of the proposed entrance to the proposed education center. The remainder of the proposed bicycle and pedestrian corridor is shown passing through the Botanical Gardens site and connecting to the proposed Old Mason Farm Road pedestrian and bicycle path.
Our initial recommendation to advisory boards was that the construction details for the pedestrian path be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit for the Botanical Garden. During advisory board meetings, the applicant disagreed with this stipulation. The applicant would prefer the construction details and maintenance plans for the paths to be reviewed and approved prior to work in the Laurel Hill Road right-of-way or abandonment of the Laurel Hill Road right-of-way.
Comment: We concur with the applicant’s requests. We believe that final plan approval for improvements, as required by the November 22, 2004 resolution, should not be tied to the issuance of the applicant’s Zoning Compliance Permit for this project. Resolution A includes a stipulation to this effect.
We have attached a resolution that includes standard conditions of approval as well as special conditions that we recommend for this application. With these conditions, our preliminary conclusion is that the Council could make the four findings necessary in order to approve the application. The Town Manager’s recommendation, Resolution A, incorporates input from all Town departments involved in review of the application.
Planning Board: The Planning Board met on February 6, 2007 and voted 6-0 to recommend that the Council approve the Special Use Permit with the following additional recommendations:
Pedestrian Paths and Bicycle Corridor: That detail for the pedestrian path and bike path, between Coker Drive and Old Mason Farm Road, be reviewed by the Town Manager prior to work in the Laurel Hill Road right-of-way or abandonment of the Laurel Hill Road right-of-way.
Comment: For additional discussion on this subject, please refer to the Key Issue section of this memorandum. This recommendation has been incorporated into Resolution A.
Removal of Laurel Hill Road Asphalt: That the pavement removed from Laurel Hill Road be recycled or reused on the site.
Comment: This recommendation of the Planning Board has been incorporated into Resolution A.
Comment: This recommendation of the Planning Board has been incorporated into Resolution A.
A copy of the Planning Board Summary of Action is attached to this memorandum.
Community Design Commission: On February 21, 2007, the Community Design Commission voted 11-0 to recommend that the Council approve this application with the adoption of Resolution A, as attached to the staff report. The Community Design Commission recommended that the three recommendations from the Planning Board, as described above, be included in Resolution A.
A copy of the Community Design Commission Summary of Action is attached to this memorandum.
Bicycle and Pedestrian Advisory Board: On February 27, 2007, the Bicycle and Pedestrian Advisory Board voted 8-0 to recommend that the Council approve this application with conditions.
A copy of the Bicycle and Pedestrian Advisory Board Summary of Action is attached to this memorandum.
Transportation Board: The Transportation Board is scheduled to review this item on March 22, 2007. A copy of their recommendation will be provided when it is available.
Staff Recommendation: Based on our evaluation of the application, our preliminary recommendation is that, with the stipulations in Resolution A, the application complies with the standards and regulations of the Land Use Management Ordinances.
Following tonight’s Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application. If the Council makes the required findings for approval of a Special Use Permit, we recommend that the application be approved with the adoption of Resolution A.
Resolution B would deny the application.
Issues |
Manager’s Preliminary Recommendation, Planning Board, Community Design Commission |
Bicycle and Pedestrian Advisory Board |
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Laurel Hill Road closure conditions from Nov. 22, 2004 (see Attachment 5) |
Not req. for the approval of this Special Use Permit |
* |
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Demolition of Laurel Hill Road |
Removed portions of roadway to be recycled or reused |
* |
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Extension of sound wall |
To be the responsibility of applicant or NCDOT |
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*Issue not discussed at this particular meeting and is therefore not included in this recommendation.
