MEMORANDUM

TO:

Roger L. Stancil, Town Manager

FROM:

J.B. Culpepper, Planning Director

Gene Poveromo, Development Coordinator

SUBJECT:

Public Hearing:  Chapel Hill Country Club – Special Use Permit Application

(File No. 9798-68-9751)

DATE:

March 19, 2007

 

INTRODUCTION

 

Attached for your consideration is a request for a Special Use Permit for the Chapel Hill County Club located at the northwest corner of Lancaster Drive and New Castle Drive.  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.

This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:

BACKGROUND

 

In 1978, the Chapel Hill Country Club was constructed.  In 1990, the club was annexed into the Town limits.  The 32.26-acre application boundary currently has several existing structures including a clubhouse, pro-shop, and a bathhouse.  The site includes a swimming pool, 14 tennis courts, and portions of the 18-hole golf course.  A recent fire at the Chapel Hill Country Club destroyed the clubhouse.  The applicant is currently in the process of rebuilding the structure.

 

A Concept Plan of the proposed development was reviewed by the Community Design Commission on May 17, 2006.  The Town Council reviewed a Concept Plan on September 18, 2006.  Summaries and minutes of Concept Plan Reviews are attached for the Community Design Commission and Council respectively (Attachments 9 and 10). 

 

DESCRIPTION OF THE APPLICATION

 

The application proposes to renovate a covered entrance, construct an outdoor pavilion, and add 5,138 square feet of floor area to the reconstructed clubhouse and bathhouse at the Chapel Hill Country Club.  Since the advisory board meetings, the applicant has requested an additional 2,825 square feet of floor area to enclose a portion of the pro shop.  Therefore, total new floor area for this Special Use Permit application equals 7,963 square feet.  Construction also includes an internal sidewalk from Lancaster Drive to the clubhouse.  The proposed 32.26-acre Special Use Permit boundary encumbers a portion of the 155.54-acre Chapel Hill Country Club site.  The site is located in the Residential-1A (R-1A) and Residential-1 (R-1) zoning districts and identified as Chapel Hill Township Parcel Identifier Number 9798-68-9751 and Durham County Parcel Identifier Number 9799-04-81-4658. 

 

PROCESS

 

The Land Use Management Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Town standards; we have presented a report to the Planning Board; and tonight we submit our report and preliminary recommendation to the Council.

 

The standard for review and approval of a Special Use Permit application involves consideration of four findings (description of the findings follows below).  Evidence will be presented tonight. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Land Use Management Ordinance directs that the Special Use Permit shall then be approved.  If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.

 

EVALUATION OF THE APPLICATION

 

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.

 

The four findings are:

Special Use Permit  – Required Findings of Fact

 

Finding #1:  That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

 

Finding #2:  That the use or development would comply with all required regulations and standards of the Land Use Management Ordinance;

 

Finding #3:  That the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity; and

 

Finding #4: That the use or development conforms to the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.

Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application.

 

KEY ISSUES

 

Based on our evaluation and comments received from Advisory Boards, we believe that the key issues are:  1) modification to regulations; 2) bicycle parking; 3) traffic calming on Lancaster Drive; 3); and 4) landscape buffers.

 

1.  Modification to Regulation:  The applicant’s initial Special Use Permit application includes a request for modification to regulations in the Land Use Management Ordinance for: 1) landscape buffers near the tennis courts, parking lot screening, and parking lot shading. 

 

Comment:  Please refer to the discussion in next section of this memorandum: Proposed Modification of Regulations.

 

2.  Bicycle Parking:  The applicant has indicated that there are at least 20 bicycle parking spaces on the site. The Bicycle and Pedestrian Advisory Board recommended that the applicant provide 42 bicycle parking spaces.  The Bicycle and Pedestrian Advisory Board recommends that the applicant supplement the existing bicycle parking on site by adding up to 11 inverted “U” type racks and thereby provide 22 additional bicycle spaces.

 

Comment:  The Town’s adopted standard for bicycle parking for recreational uses (Section 5.9.7 of the Land Use Management Ordinance) is 25 percent of the existing vehicle parking.  The Chapel Hill Country Club has 168 vehicle parking spaces; therefore, 25 percent of this total would require 42 bicycle parking spaces.

 

Resolution A includes a stipulation requiring a total of 42 bicycle parking spaces, including at least 20 existing spaces and installation of up to 11 inverted “U” type racks.

 

3.  Traffic Calming on Lancaster Drive:  The applicant is proposing to construct a sidewalk from the clubhouse to Lancaster Drive.  Recently, the Town Council approved the construction of a speed table on Lancaster Drive.  The Engineering Department indicated the estimated cost of the speed table to be $5,500.  At the Transportation Board meeting, Transportation Board members requested that the construction of the proposed speed table be aligned with the proposed sidewalk connection and thereby also function as a crosswalk, with appropriate markings and signage, to the sidewalk on the south side of Lancaster Drive.

 

Comment:  The Town’s Engineering Department is working with the applicant to align the speed table across from the proposed sidewalk.  To have the speed table function as a crosswalk meeting ADA standards, as proposed by the Transportation Board, would increase the cost of the project by approximately $3,500.  We recommend that the Chapel Hill Country Club provide a payment-in-lieu of $3,500 to the Town for this change, prior to issuance of a Zoning Compliance Permit.

 

This stipulation has been included in Resolution A.

 

4.  Landscape Buffers: During the Planning Board meeting, the applicant realized that portions of the existing landscape buffer, along the 35-acre Special Use Permit boundary, do not meet the minimum bufferyard requirements.  

 

Comment:  We recommend that prior to Council action on this application, the applicant revise their application to: 1) request a condition of approval authorizing alternate bufferyard approval from the Community Design Commission; or 2) request modification to the regulations. This recommendation for alternate buffers has been incorporated into Resolution A.

 

We anticipate that the applicant will discuss this issue at tonight’s hearing.  

 

PROPOSED MODIFICATION OF REGULATIONS

 

The applicant is proposing to modify the regulations as they relate to the following requirements in the Land Use Management Ordinance:

  1. Modification of Section 5.6.2 to modify the minimum landscape bufferyards.
  2. Modification of Section 5.9.6 to modify parking lot screening standards.

 

Landscape Bufferyards: The application identifies several areas where the existing landscape bufferyards do not comply with the Land Use Management Ordinance requirements:

The buffers at these locations do not meet the ordinance requirements for width or density.  The applicant states that the Country Club and the surrounding residential neighborhood are compatible uses and views from the neighboring residential lots into and across the links constitute an amenity.  The applicant also believes that the area of the proposed activity is generally buffered consistent with the current Land Use Management Ordinance standards.

 

Comment:  We concur with the applicant regarding the existing buffering exception requests for these two locations.  We recommend that Article 5.6 Landscaping, Screening, and Buffering of the Land Use Management Ordinance be modified for the areas described above.

 

Parking Lot Screening: The applicant states that most of the parking area is adequately screened except the site’s southwestern corner.  The applicant has indicated that the lack of screening in this area is somewhat mitigated because the elevation of the parking surface is four to six feet above the street right-of-way and because of existing crepe myrtles.   

 

Comment:  We agree with the applicant that the elevation mitigates the lack of screening.  We recommend that Article 5.9.6 Parking Landscaping Standard of the Land Use Management Ordinance be modified for the areas described above.

 

The applicant has requested that the Council find that public purposes are satisfied to an equivalent or greater degree.  Please refer to the attached Statement of Justification for additional justification as presented by the applicant.

 

In summary, the Town Council may modify one or more of the proposed modifications to regulations if it makes a finding in the particular case, that public purposes are satisfied to an equivalent or greater degree.  The Town Council may deny one or more of the proposed modifications from regulations at its discretion.  If the Council chooses to deny a request for modification to regulations, the applicant’s alternative is to comply with regulations.

 

SUMMARY

 

We have attached a resolution that includes standard conditions of approval as well as special conditions that we recommend for this application.  With these conditions, our preliminary conclusion is that the Council may make the four findings necessary in order to approve the application.  Our recommendation, Resolution A, incorporates input from all Town departments involved in review of the application.

 

RECOMMENDATIONS

 

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 recommendation: 

 

Comment:  For additional discussion on this subject, please refer to item no. 4 (Landscape Bufferyards) under the Key Issues section of this memorandum.

 

A copy of the Planning Board Summary of Action is attached to this memorandum.

 

Transportation BoardThe Transportation Board met on February 8, 2007 and voted 6-0 to recommend that the Council approve the Special Use Permit with the following recommendation:

 

Comment:  For additional discussion on this subject, please refer to item no. 3 (Traffic Calming on Lancaster Drive) under the Key Issues section of this memorandum.  This recommendation has been incorporated into Resolution A.

 

A copy of the Transportation Board Summary of Action is attached to this memorandum.

 

Bicycle and Pedestrian Advisory Board:  On February 27, 2007 the Bicycle and Pedestrian Advisory Board voted 6-2 to recommend that the Council approve the Special Use Permit, and recommended the following stipulation:

 

Comment: For additional discussion on this subject, please refer to the Key Issues section of this memorandum.  This recommendation has been incorporated into Resolution A.

 

A copy of the Bicycle and Pedestrian Advisory Board Summary of Action is attached to this memorandum.

 

Community Design Commission: The Community Design Commission met on February 21, 2007 and voted 10-0 to recommend that the Council approve the Special Use Permit with conditions.

 

A copy of the Community Design Commission Summary of Action is attached to this memorandum.

 

Manager’s Preliminary Recommendation:  We recommend that the Council approve the request for a Special Use Permit with the adoption of Resolution A.

 

Following tonight’s Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application. If the Council makes the required findings for approval of the Chapel Hill Country Club Special Use Permit, we recommend that the application be approved with the adoption of Resolution A.

 

Resolution B would deny the application.

 

Chapel Hill Country Club

Special Use Permit

 

DIFFERENCES AMONG ADVISORY BOARD RECOMMENDATIONS

 

ISSUE

Manager’s  Preliminary

Planning Board

 

Transportation Board

 

Community Design Commission

Bicycle & Pedestrian Advisory Board

Speed Table proposed by Town on Lancaster Drive

$3,500 Payment-in-lieu to accommodate pedestrian crosswalk

*

$3,500 Payment-in-lieu to accommodate pedestrian crosswalk

*

*

Bicycle Racks

42 spaces required; need to install 11 inverted “U” racks

*

*

*

42 spaces required; need to install 11 inverted “U” racks

Non-Conforming Bufferyards identified at the Planning Board meeting

Alternative Bufferyards or Modification of Regulations

 

Alternative Bufferyards or Modification of Regulations

*

*

*

* Issue was not discussed at this particular meeting.

 

ATTACHMENTS

  1. Staff Report to Advisory Boards (p. 10).
  2. Project Fact Sheet Requirements (p. 17).
  3. Resolution A (Preliminary Recommendation) (p. 18).
  4. Resolution B (Denying the Application) (p. 23).
  5. Planning Board Summary of Action (p. 24)
  6. Transportation Board Summary of Action (p. 25).
  7. Bicycle and Pedestrian Advisory Board (p. 26).
  8. Community Design Commission Summary of Action (p. 27).
  9. Summary of CDC Concept Plan Review, dated May 17, 2006 (p. 28).
  10. Minutes of Town Council Concept Plan Review, dated September 18, 2006, and applicant’s response (p. 30).
  11. Statement of Justification (p. 33).
  12. Project Fact Sheets for R-1 and R-1A Zoning Districts (p. 39).
  13. Reduced Plans (p. 41).
  14. Area Map (p. 47).