ATTACHMENT 1
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Subject: |
Public Hearing: Chapel Watch Village - Application for Special Use Permit, Planned Development-Housing (File No. 9870-87-1493) |
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Date: |
April 16, 2007 |
This application is for a Special Use Permit for a multi-family development with 120 units, including 178,725 square feet of floor area, and 189 parking spaces (including 148 garage parking spaces). The 35.0-acre site is located on the south side of Eubanks Road, between the Northwood neighborhood and the University Branch Southern Railroad. The United Parcel Service facility and the Town of Chapel Hill’s Eubanks Road Park and Ride Lot are located north of the proposed site, and the Larkspur Subdivision is located immediately south of the site.
The site is located in the Residential-1 (R-1), Residential-2 (R-2), and Mixed-Use Office/Institutional-1 (MU OI-1) zoning districts of the Joint Planning Area. The site is identified as Orange County Parcel Identifier Numbers 9870-87-1493, 9870-87-5224, and 9870-97-1299.
On March 17, 2003, the Town Council reviewed a Concept Plan for Chapel Watch Village. On May 5, 2003, the Town received and accepted an application for a Special Use Permit for the Chapel Watch Village project. In 2005, the applicant informed the staff about proposed changes to the plan and a desire to return to the Concept Plan Review process. On May 16, 2005, the Town Council reviewed a revised Concept Plan for the proposed development. The May 16, 2005 Concept Plan Review by the Town Council was quasi-judicial since there was an active Special Use Permit application on file at the time. At the conclusion of the meeting the Council referred the Concept Plan to the Transportation Board for comment on connectivity between the proposed development and the Larkspur subdivision.
On September 26, 2005 the Council received comments from the Transportation Board. The Council referred questions from the September 26 Concept Plan review to the staff and continued the review to November 21, 2005. At the November 21, 2005 meeting, the Council recommended that the applicant’s Special Use Permit application include plans with and without a connection to the Larkspur neighborhood. The Council voted unanimously to transmit comments on the Concept Plan to the applicant. A copy of the November 21, 2005 Minutes are attached (Attachment 8).
The Town staff has reviewed this application for compliance with the standards of the Land Use Management Ordinance and the Design Manual and offers the following evaluation.
Location: The 35-acre site is located on the south side of Eubanks Road between the Eubanks Road Park and Ride lot and the Larkspur neighborhood. The site is zoned Residential-1 (R-1), Residential-2 (R-2), and Mixed Use Office/Institutional-1 (MU-OI-1). To the south of the site is the Larkspur neighborhood, zoned R-2, to the north across Eubanks Road are the United Parcel Service facility and the Eubanks Road Park and Ride Lot, on property zoned MU-OI-1. To the east is the Northwood neighborhood, zoned Residential-1A (R-1A).
Existing Structures: There are two single-family dwelling units on the property, one vacant and one occupied, which are proposed to be demolished.
Bus Stops, Routes: The Town of Chapel Hill Park and Ride Lot is across Eubanks Road from the site. Serving the lot is the NS bus route, which runs along Martin Luther King, Jr. Blvd. and connects to the University of North Carolina campus.
Utilities, Railroad Corridor: A 100-foot railroad easement for the Norfolk Southern Railroad runs through the southwestern corner of the site. A 30-foot Duke Energy utility easement currently runs through the northwestern portion of the site. A 128-foot Duke Energy transmission line easement exists along the southern boundary of the site.
Topography, Drainage, Vegetative Cover: The site slopes toward the south. There are two streams on the site. One perennial stream crosses the site from the northwest, and then heads south. Another stream begins as an ephemeral drainage feature in the eastern portion of the site, and becomes intermittent, and then perennial as it drains across the site from east to west. The southern portion of the site includes steep slopes, up to 25 percent along the stream. The stream is bordered by Resource Conservation District and is wooded with pines, oaks, poplars, sweet gums, and hickory trees. We also believe wetlands may exist on a portion of the site.
The Special Use Permit application proposal is to construct 21 buildings that would include 120 dwelling units. The townhome-style dwelling units are proposed to be a mix of two-bedroom and three-bedroom units. The applicant is proposing to provide a pool, clubhouse, tot lot, a 10-foot-wide paved greenway (Horace Williams Trail) between the Larkspur neighborhood and Eubanks Road, and a five-foot-wide sidewalk along Eubanks Road. The applicant is proposing to provide 189 parking spaces, of which 148 spaces would be garage spaces. Five bio-retention basins are proposed throughout the site to handle stormwater management. The proposal includes a central refuse and recycling facility with a compactor and recycling containers.
The applicant is proposing that 18 of the 120 units (15 percent) would be permanently affordable rental units reserved for those making up to 80 percent of the local area income and will be provided in coordination with the Orange Community Housing and Land Trust organization.
The Special Use Permit application plans for Chapel Watch Village have changed with respect to the plans submitted for the Concept Plan Reviews by the Community Design Commission and Town Council (2004, 2005 and 2006). Some of those differences area noted in the table below.
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2002 Concept Plan (CDC) |
2003 Concept Plan (Council) |
2003 Special Use Permit |
2005 Concept Plan CDC & Council |
2007 Current SUP |
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Acreage |
35 acres |
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No. Units |
354 |
306 |
282 |
120 |
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Floor Area |
401,848 SF |
373,123 SF |
305,067 SF |
168,000 SF |
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Parking Spaces |
603 |
534 |
469 |
201 |
189 |
Dimensional Standards: The proposed project meets the dimensional standards outlined in the Dimensional Matrix (Table 3.8-1) of the Land Use Management Ordinance for the Residential-1 (R-1), Residential-2 (R-2), and Mixed Use-Office/Institutional-1 (MU-OI-1) zoning districts.
The Town of Chapel Hill Comprehensive Plan includes a policy that multi-family proposals include at least 15 percent affordable housing. The applicant proposes 15 percent, or 18 units, to provided as affordable rental units. We have provided a standard affordable housing plan stipulation in Resolution A.
In response to concern expressed by this applicant during the Public Hearing for the Residences at Chapel Hill North, the Council created a Committee to discuss an option for an affordable housing plan associated with rental units. The Council is scheduled to receive a report from the Committee on April 11. We anticipate that the Council discussion on April 11 may inform the development of this affordable rental housing plan. We have asked the applicant to discuss their plans for affordable housing at tonight’s Public Hearing.
Connection to Adjacent Properties: The potential connection to the neighboring Larkspur neighborhood is a central issue to this application. According to the Developer’s Program from the Concept Plan proposal of January 31, 2005, “Larkspur was developed on the basis that a public road corridor would proceed northward through this subject property, connecting Larkspur to Eubanks Road.” However, the applicant has since chosen to propose this connection as emergency access only. We have identified two options related to this connection:
Option 1 (staff’s recommendation): That the internal street, between Eubanks Road and the Larkspur neighborhood, be designed and constructed as a full access publicly dedicated right-of-way street, connecting to the Maywood Way stub-out, in the Larkspur neighborhood.
Option 2 (applicant’s proposal and Planning Board recommendation): That the portion of the internal street between Eubanks Road and the Larkspur neighborhood, beyond the southernmost units, be designed as emergency access only with bollards at the Maywood Way stub-out to allow for pedestrian and bicycle connectivity, as proposed by the applicant and be located within a 45-foot wide public right-of-way dedicated and maintained by the Town of Chapel Hill.
With respect to Option 2, staff recommends the following additional condition:
That opening the entire roadway as a full access street to the Larkspur neighborhood shall require a public hearing process involving notification of all property owners within the Chapel Watch and Larkspur neighborhood.
We recommend that the applicant construct a full-access public street between Eubanks Road and the Larkspur neighborhood (Option #1). We recommend that this public street be constructed to Town standard with a width of 27 feet from back of curb to back of curb with a five-foot sidewalk on one side and dedication of 45 feet of public right-of-way. We also recommend that perpendicular parking be prohibited along this public street.
We also recommend that the applicant dedicate public right-of-way for a public street stub-out to the property to the east. We recommend that the area for this future street stub-out be located within a 45-foot-wide public right-of-way.
If Council approval includes a roadway stub-out to the south and/or east that could be extended to an adjoining property in the future, we recommend that at such time as the applicant completes construction activity associated with the clearing and grading for the road bed, signage shall be located at each roadway stub-out. We also recommend that the signage indicate that the roadway may be extended for future development. The size, text, and color of the signs shall be subject to the Town Manager’s approval. That the final plat and final plans include a note stating that future development of the adjoining property may include the extension of the stub-out to the adjacent property.
We recommend that prior to the issuance of a Zoning Compliance Permit, that the Town Manager review and approved a plat dedicating the right-of-way between Eubanks Road and the Larkspur neighborhood, and the right-of-way to the adjoining property to the east. We also recommend that a copy of the recorded plat be provided prior to the issuance of a Zoning Compliance Permit.
Traffic Impact: A Traffic Impact Analysis (TIA) was prepared by the Town consultant in 2003, and then revised in 2005. The study examines the impact on the surrounding transportation system of traffic generated by the proposed development, anticipated to be fully built out by the year 2008. A copy of the Transportation Impact Analysis Executive Summary is attached to this report (Attachment 9). Recommendations from the TIA are included in the Vehicular Access and Roadway Improvements sections.
Vehicular Access: According to the Town’s Comprehensive Plan Design Guidelines, residential development should have at least two points of access. The applicant proposes two points of access onto Eubanks Road, one across from the Park and Ride Lot, and the other at the western end of the site. A road stub-out is also proposed to the adjoining property to the east.
Roadway Improvements: We recommend the following roadway improvements:
We have included these stipulations in Resolution A.
We have included this stipulation in Resolution A.
Internal Streets: The applicant is proposing that the internal streets for the proposed site be a private street built to Town standards including a 2.5-foot curb and gutter, sidewalk on one side of the street, and a maximum parking space angle of 45 degrees.
We recommend that the applicant provide traffic calming devices on the internal street between Eubanks Road and the Larkspur Subdivision. The location, number and type of traffic calming devise installed shall be subject to the approval of the Town Manager prior to the issuance of a Zoning Compliance Permit.
Horace Williams Greenway (aka Rails to Trails): The applicant proposes to construct a portion of the “Horace Williams” greenway trail as shown on the site plans. This trail would connect with the Larkspur neighborhood to the south, and with Eubanks Road to the north. We recommend that the applicant install a painted crosswalk and an advanced pedestrian flashing signal including the necessary advanced warning signs where the greenway trail crosses Eubanks Road at the intersection with the Park and Ride Lot, subject to approval by the Town Manager and the North Carolina Department of Transportation.
The proposed Horace Williams Greenway is a component of the Greenways Master Plan and will eventually connect northward to the greenway trail proposed within the Town’s Operation Center on Eubanks Road. The trail will eventually extend to a greenway network in Orange County. Portions of the Horace Williams Greenway are also planned for several developments south of the proposed Chapel Watch Village development. In regards to this area of the trail, the Town obtained construction rights for this trail when it approved the Vineyard Square, Parkside II and Larkspur developments. The portion of the greenway within the proposed Chapel Watch Village project is proposed to be constructed by the applicant.
We recommend that the applicant provide a public access and maintenance easement for the proposed trail. We also recommend that the Town maintain the trail. Resolution A includes this stipulation.
Vehicular Parking: The Land Use Management Ordinance requires a minimum number of 212 parking spaces for the proposed dwelling units. If the Council approves maximum parking limits, the maximum number of spaces would be 242. The applicant’s proposal for 189 parking spaces falls within this range; 148 spaces would be garage spaces. We have included this as a stipulation in Resolution A.
Bicycle Parking: The Land Use Management Ordinance requires that a multi-family residential development provide one bicycle parking space per dwelling unit, plus one space equal to 10 percent of auto parking spaces. Accordingly, the applicant is proposing 142 bicycle parking spaces.
If the Council approves the new parking requirements, as described above, the minimum number of bicycle parking spaces for this proposed development would be 13. We have included a stipulation in Resolution A that requires the applicant to comply with the bicycle parking space standards in place at such time that the Town Council approves the Special Use Permit application.
Pedestrian Circulation: The applicant is proposing sidewalks on at least one side of the internal streets within the site. The standard for a local street is for sidewalks on at least one side. The applicant is also proposing to construct a sidewalk along the site’s frontage on Eubanks Road.
If the Town Council approves a public street connection to Larkspur, we recommend that the applicant install traffic calming devices in the Larkspur neighborhood. We have included this stipulation in Resolution A.
Bus Stops and Routes: The Town of Chapel Hill Park and Ride lot is across Eubanks Road from the site. Serving the lot is the NS bus route, which runs along Martin Luther King, Jr Blvd and connects to the UNC campus. There is currently no plan to provide a bus route through the Chapel Watch Village or Larkspur neighborhood, although there may be in the future, if the demand warrants. We do not recommend bus-related improvements.
Buffers and Landscaping: The table below outlines the minimum landscape buffers requirements and the buffers proposed by the applicant.
Landscape Buffers
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Location (property line) |
Ordinance Requirement |
Proposed Buffers |
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North - Eubanks Rd |
30’ Type ‘D’ Buffer |
30’ Type ‘D’ Buffer |
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South - Larkspur neighborhood East – vacant |
10’ Type ‘B’ Buffer |
10’ Type ‘B’ Buffer |
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West - railroad corridor |
20’ Type ‘C’ Buffer |
20’ Type ‘C’ Buffer |
The applicant is proposing to preserve existing vegetation along Eubanks Road, in order to help meet the 30’ Type “B” buffer requirement. Due to the proposed relocation of a Duke Energy transmission line easement, a portion of the proposed Eubanks Road buffer in the northwest corner of the site will not meet the 30-foot Type D buffer requirement. We recommend that the applicant provide the minimum buffer, or obtain alternate buffer approval from the Community Design Commission. We have included a stipulation to this effect in Resolution A.
The geographical characteristics of the site help to provide a more significant buffer along the southern portion of the site than is required by the ordinance. A portion of the Resource Conservation District runs through the site, beginning at the northwest corner, and narrowing as it heads south and east. In the western portion of the site, the Resource Conservation District is 300 feet wide; in the eastern portion it is 100 feet wide. A 128-foot Duke Energy transmission line easement exists along the southern boundary of the site, which creates a larger buffer width than the 10-foot required buffer (as proposed by the applicant along the northern boundary of the easement). The Resource Conservation District, the power easement, and the railroad easement (southwest corner of site) provide additional screening to the adjacent Larkspur neighborhood.
At the Planning Board meeting, citizens from the Northwood neighborhood expressed some concerns about ambient light, the potential visibility of headlights from cars in Chapel Watch Village, and general screening of the Chapel Watch Village buildings. The applicant has provided additional detail to the neighborhood and to staff as to how they will achieve the required Type ‘B’ buffer with screening that specifically meets the Northwood neighbors’ concerns. We recommend that the applicant provide the required Type ‘B’ buffer as proposed, and that specific plantings include those provided in “Planting Detail for Eastern Boundary Buffer” (Attachment 7).
We recommend that the applicant provide the minimum bufferyards and that the buffers be identified on the final plans and plat as common area to be deeded to the Homeowners’ Association, if applicable. We also recommend that provisions for the maintenance of the buffer be incorporated into the Homeowners’ Association covenants, if applicable. These recommendations have been incorporated into Resolution A.
We recommend that prior to issuance of a Zoning Compliance Permit, the Town Manager review and approve a landscape planting plan for the buffers. Resolution A includes a stipulation to that effect.
Landscape Protection Plan: We recommend that a detailed Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We recommend that the plan clearly indicate which rare and specimen trees shall be removed and preserved, critical root zones of all rare and specimen trees, significant tree stands, detail of protective fencing (including chain link fencing where determined necessary) and construction parking and materials staging/storage areas, and that the plan include Town standard landscaping protection notes, to 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.
Landscape Planting and Maintenance Plans: We recommend that detailed landscape planting plans (including buffers) and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The landscape plan shall indicate the size, type, and location of all proposed plantings. We have included a stipulation to this effect in Resolution A.
Building Elevations and Lighting Plan: The Ordinance requires that detailed building elevations and a lighting plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Recreational Requirements: Section 5.5.2 of the Land Use Management Ordinance requires that the applicant provide 52,036 square feet of active recreation space. The applicant is proposing to satisfy the recreation requirement with 40,286 square feet of pool/clubhouse area and 21,600 square feet of public paved greenway trail/easement, for a total of 61,886 square feet.
The Land Use Management Ordinance includes a provision that allows a development to satisfy all or a portion of its recreation space requirements, if the proposed development includes the construction of a greenway that is part of the Town’s Greenway Master Plan. Because the greenway construction proposed by the applicant is part of the Town’s “Horace Williams Trail,” the applicant was claiming that 21,600 square feet of land area associated with this greenway should be credited towards the required recreation area for this development.
The Planning Board recommended that, because the applicant is not willing to maintain the greenway, the square footage of the greenway that may be credited towards satisfying the applicant’s recreation space requirements should be reduced by 50 percent. We concur with the recommendation of the Planning Board and have incorporated their recommendation into Resolution A.
One consequence of reducing the credited recreation space associated with the proposed greenway is that the applicant’s proposal does not meet the minimum recreation space requirement. We recommend that the applicant’s final plan application either provided the minimum recreation space or a payment-in-lieu of providing a minimum recreation space for this development. We have incorporated this recommendation into Resolution A.
Energy Efficiency: The staff’s recommendation to the Advisory Boards included a stipulation that requires the applicant to submit energy models showing a minimum energy efficiency savings of 20 percent relative to ASHRAE (American Society of Heating, Refrigeration and Air Conditioning Engineers) Standard 90.1-2004. The applicant has stated that this standard is intended to apply to rezoning applications and requested that the stipulation be removed.
Staff Comment: Subsequent to the writing of this memorandum, the Town Council was scheduled to discuss adopting an updated policy, during the April 11, 2007 meeting, specifying the Council’s expectations for energy efficiency and an energy management plan for applicants seeking approval of conditional use rezoning applications. This proposed development does not involve a rezoning application. We have removed the energy efficiency stipulation from Resolution A.
Watershed Protection District: The proposed development is located outside of the Watershed Protection District.
Wetlands: We believe there may be wetlands on the property. We recommend that during Final Plan review the applicant show the location of state and/or federally-regulated wetlands on the site. We have included a stipulation to this effect in Resolution A.
Impervious Surface: Section 3.6.4-1 of the Land Use Management Ordinance requires proposed residential development to comply with either an impervious surface restriction (50 percent impervious surface limit). The applicant is proposing approximately 480,902 square feet of impervious surface area (30 percent).
Resource Conservation District: There are two streams on the site. One perennial stream crosses the site from the northwest, and then heads south. Another stream begins as an ephemeral drainage feature in the eastern portion of the site, and becomes intermittent, and then perennial as it drains across the site from east to west. The stream is bordered by approximately 11.6 acres of Resource Conservation District (RCD). The applicant is proposing to disturb approximately 55,970 square feet of the Resources Conservation District. The proposed land disturbance in the RCD is associated with construction of a street, a stormwater facility, and Horace Williams Greenway.
We recommend that the disturbance in the RCD be limited to 55,970 square feet and have included this as a stipulation in Resolution A. We also recommend that except for the discharge infrastructure, the stormwater facility, including clearing and grading associated with the facility, shall not encroach into the managed use corridor of the RCD.
Stormwater Management: Five bio-retention basins are proposed throughout the site to handle stormwater management. We believe, based on the preliminary information submitted by the applicant, that the proposed design of the stormwater management facilities will comply with the Land Use Management Ordinance stormwater standards for rate, quality and volume. We recommend that, prior to the issuance of a Zoning Compliance Permit, the applicant submit a Stormwater Management Plan for review and approval by the Town Manager. We have included a stipulation to this effect in Resolution A.
Refuse Management: The applicant has proposed private service for refuse collection and curbside recycling service to this site, with one main area for a compactor, recycling bins and recycling carts.
We have included our standard stipulations in Resolution A requiring that 1) a Solid Waste Management Plan be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit; and 2) all collection vehicle access routes to any area providing refuse facilities or recycling facilities be paved with all-weather heavy-duty pavement.
Underground Utilities: The Land Use Management Ordinance requires that, except for three-phase electrical distribution line, all new or relocated utility lines shall be located underground. We have included this standard stipulation in Resolution A.
Utilities: The Ordinance requires that detailed utility plans be reviewed and approved by OWASA, Duke Energy Company, Public Service Company, BellSouth, Time Warner Cable and the Town Manager prior to issuance of a Zoning Compliance Permit. We have included these standard stipulations in Resolution A.
Construction Management Plan: We recommend that the applicant provide a Construction Management Plan, indicating 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.
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 pedestrians using the 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.
Street Lighting Plan: We recommend that a street lighting plan be reviewed and approved by Duke Energy and the Town Manager prior to issuance of a Zoning Compliance Permit. We also recommend that if the proposed street lighting plan includes non-standard poles and/or fixtures, that the plans indicate that the applicant shall be responsible for the additional cost as determined by Duke Energy. We have included this as a stipulation 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 this as a stipulation in Resolution A.
Open Burning and Plant Rescue: We have also included stipulations in Resolution A (1) that prohibit open burning; and (2) encourage the applicant to conduct a “plant rescue” after the issuance of a Zoning Compliance Permit and prior to start of construction.
Erosion Control: We recommend that a Soil and Erosion Control Plan for the site be approved by the Orange County Erosion Control Office and the Town Manager prior to issuance of a Zoning Compliance Permit. This stipulation is included in Resolution A.
Comprehensive Plan: The Land Use Plan, a component of the Comprehensive Plan, identifies this site as medium density residential (4-8 units per acre). This application proposes a density of 3.42 units per acre. The Land Use Plan also identifies this site as a potential future school site. However, the original Special Use Permit for this property was submitted May 20, 2003 prior to applicability of the Town regulation regarding reservation of school sites for Special Use Permit applications. Therefore, the potential school site designation pertains to this site only if the current Special Use Permit application is denied or withdrawn.
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:
(a) 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;
(b) 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;
(c) 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
(d) 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.
Based on information available at this stage of the application review process, we believe that the proposal, with the conditions in Resolution A, meets the requirements of the applicable sections of the Land Use Management Ordinance and Design Manual, and that the proposal conforms to the Comprehensive Plan.
Resolution A would approve the application with conditions. Resolution B would deny the application.