ATTACHMENT 1
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SUBJECT: |
Public Hearing: Downtown Economic Development Initiative – Parking Lot 5, Special Use Permit Application (File No. 9788-27-3068) |
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DATE: |
June 18, 2006 |
The Town has received a Special Use Permit application which proposes to construct a 302,165 square foot, 9-story, mixed use development with 140 residential dwelling units and 30,690 square feet of retail space on a 1.92 acre site owned by the Town of Chapel Hill. The application also involves conversion of a surface public parking facility (Lot 5) to an underground parking deck. The proposed development includes 2 levels of subsurface vehicular parking with approximately 325 spaces and is located between West Franklin and Rosemary Streets with Church Street along the western boundary of the site. The site is currently occupied by the Town of Chapel Hill Parking Lot No. 5.
The 1.92-acre 7-lot assemblage is located in the Town Center-2 (TC-2) zoning district. The site is identified as Orange County Parcel Identifier Numbers (PINs) 9788-27-3068, 9788-27-6139, 9788-27-7042, 9788-27-7101, 9788-27-7251, 9788-27-8102, and 9788-27-8107.
Accompanying this application, the applicant has submitted a Zoning Atlas Amendment application which proposes to rezone the site from the current Town Center-2 (TC-2) to Town Center-3-Conditional (TC-C-3) zoning district. Please see the accompanying memorandum for this application. Please note that the Special Use Permit application will be discussed with the assumption that the accompanying Zoning Atlas Amendment application will be enacted. The Special Use Permit approval is only possible with this action preceding it.
With respect to this proposal to develop property owned by the Town, the Council has entered into a development agreement with the applicant. For additional information on this agreement please refer to the attached General Development Agreement between the Town and the applicant (Attachment 15).
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November 20, 2003 |
The Town initiated the Downtown Economic Development Project. |
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March 15, 2006 |
The Community Design Commission reviewed a Concept Plan proposal. The proposal for a mixed-use development included 124 dwelling units, 267,927 square feet of floor area (including 24,000 square feet of retail), and 375 vehicular parking spaces. |
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March 20, 2006 |
The Council reviewed a Concept Plan proposal as presented to the Community Design Commission on March 15, 2006. |
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April 3, 2007 |
The Town and Ram Development Company signed a General Development Agreement for the Downtown Economic Development Initiative - Parking Lot Five project (Attachment 15). |
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April 3, 2007 |
The Town received a Special Use Permit application. The proposal for a mixed-use retail and residential development included 140 dwelling units, 275,715 square feet of floor area (including 30,690 square feet of retail), and 325 vehicular parking spaces. |
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April 3, 2007 |
The Town received a Zoning Atlas Amendment application. The applicant is proposing a rezoning from the existing zoning district of Town Center-2 (TC-2) to the Town Center-3-Conditional (TC-3-C) zoning district. |
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 the accompanying Zoning Atlas Amendment application will be enacted because the current Special Use Permit proposal is only possible with this action preceding it.
Location: The 1.92-acre, seven lot assemblage, is located between West Franklin and West Rosemary Streets with Church Street along the western boundary of the site.
Developments adjacent to the site include the University Square building to the south, across West Franklin Street, the Aveda building and NC Institute of Pharmacy buildings across Church Street to the west, Los Portrillos and La Residence restaurants as well as two offices across West Rosemary Street to the north, and McFarland’s Exxon service station and Walker’s Funeral Home adjacent to the site to the east.
Existing Use: The site is currently used as a public parking lot with a total of 169 parking spaces. The only building on the site is an unoccupied attendant pay station, which is only used during special events. There are approximately 66 parking spaces leased by the month, 53 of which are leased by the University of North Carolina (28 UNC Physicians and 25 UNC Office of Advancement). The remaining 103 parking spaces are serviced by two pay stations.
Access: There are currently two points of vehicular access to the lot from West Rosemary Street and Church Street. The parking lot is also frequently used as a pedestrian short-cut by students walking between the Northside neighborhood and downtown or the UNC campus.
Topography, Drainage, Vegetative Cover: The site has a minor downward grade toward the northeast, from West Franklin Street to West Rosemary Street.
Existing vegetation on the site includes the following specimen trees: a 24-inch willow oak on the northwest quadrant of the site and 5 hardwoods over 18-inches in diameter. Additionally, there are a number of smaller landscaping trees, including Crape Myrtles and Bradford Pears, scattered around the parking lot and perimeter of the site.
The applicant proposes to construct a 9-story building, with 302,165 square feet of floor area, including 30,690 square feet of retail, and 140 residential dwelling units on property owned by the Town (Lot 5). The applicant is proposing 15% affordable dwelling units, or 21 units, on-site. A total of 325 parking spaces are proposed. Vehicular access to two levels of an underground parking facility is proposed from West Rosemary Street.
The applicant is proposing to install streetscape improvements along West Franklin Street, Church Street, and West Rosemary Street. Bicycle parking facilities are also proposed on site. The applicant is proposing to manage stormwater impacts by installing an underground stormwater vault. Private refuse collection service is proposed. The applicant is proposing to locate some electrical utilities above ground, along West Rosemary Street, and others below ground, along Church Street.
The applicant is proposing handicapped accessible open space on the ground level of the site.
The Concept Plan Proposal was reviewed by the Community Design Commission on March 15, 2006 and by the Council on March 20, 2006. Copies of the Community Design Commission and Council Concept Plan comments, including the applicant’s response to these comments, are attached to this memorandum (Attachments 6 and 7). Attachment 8 compares the Council Concept proposal with the current Special Use Permit proposal.
The staff evaluation of the Special Use Permit application will be discussed in this memorandum based on the supposition that the Zoning Atlas Amendment application, to rezone the site from Town Center-2 to Town Center-3-Conditional will be enacted by the Council.
Zoning: The proposed dwelling unit density, and proposed floor area comply with the Town Center-3-Conditional (TC-3-C) district land use intensity standards.
Modifications to the Regulations: As proposed, the Special Use Permit application does not comply with the land use intensity standards of the Town Center-3-Conditional zoning district. The Town Council has the ability to modify the regulations, according to Section 4.5.6 of the Land Use Management Ordinance, when a finding can be made that public purposes are satisfied to an equivalent or greater degree. The applicant is requesting modification to the following regulations: 1) height standards in Section 3.8-1 – Dimensional Matrix, and 2) the definition of Building Envelope, as defined in Appendix A of the Land Use Management Ordinance (Attachment 10). Each proposed modification is described below:
Section 3.8-1 of the Land Use Management Ordinance, requires a primary (at the property line) building height of 44 feet in the Town Center-3 zoning district. The applicant is requesting a modification of 10 feet thereby allowing a primary building height of 54 feet, on the West Rosemary and West Franklin Street frontages of the proposed building.
We believe that it is reasonable to have a 54-foot primary building height on the West Rosemary and West Franklin Street frontages of the proposed building. We recommend modification to regulations to exceed the primary height of 44 feet, by 10 feet, for a total height of 54 feet. We believe that the Council could make a finding that public purposes are satisfied to an equivalent or greater degree as a downtown “opportunity site” is being redeveloped, as identified in the Downtown Small Area Plan.
This request for modification to regulations would exceed the 1:1 building envelope allowed by the Land Use Management Ordinance in the Town Center zoning district by allowing a larger envelope (volume), with steeper sides, to accommodate the proposed building. The applicant is requesting that the sides of the building envelope be steeper, or 1/0.25, thereby creating a larger volume and larger building on the Church Street (western) and interior (eastern) sides of the proposed building, thereby permitting a larger volume and building.
We believe that it is reasonable to have a larger building envelope on the Church Street frontage and interior boundary of the proposed building. We recommend modification to regulations to allow steeper sides of the building envelope, or greater volume, with a 1/0.25 slope. We believe that the Council could make a finding that public purposes are satisfied to an equivalent or greater degree as a downtown “opportunity site” is being redeveloped, as identified in the Downtown Small Area Plan.
Intensity Standards (floor area): The applicant is proposing 302,165 square feet of floor area; including 271,475 square feet of residential floor area (140 residential units) and 30,690 square feet of general and convenience business uses. The proposed floor area complies with the maximum permitted floor area of the proposed TC-3 zoning district. We have included a stipulation in Resolution A that authorizes the construction of the proposed floor area and proposed land use.
Dimensional Standards (setbacks): In the Town Center-3 zoning district, zero-setback standards apply for the street, interior and solar setbacks. The applicant is proposing a 5 ½ foot setback on the east (Walkers and McFarland property) and West Franklin Street property lines, a 6-foot setback on the Church Street frontage, and a 20.7-foot setback on the West Rosemary Street frontage.
Dimensional Standards (height): The maximum primary and secondary heights in the Town Center-3 zoning district are 44 feet (at the property line) and 120 feet respectively. The applicant is proposing maximum primary and secondary heights of 54 feet and 120 feet respectively. See Modification to Regulations Section above for additional information on the applicant’s proposal to modify this dimensional standard.
Dimensional Standards (building envelope): The building envelope in the Town Center-3 zoning district is bounded by 44 feet at the property line with a 1:1 slope up to the maximum height of 120 feet. The applicant is proposing to increase the size of the building envelope to 1:0.25, with steeper sides, to accommodate the proposed building. See Modification to Regulations Section above for additional information on the applicant’s proposal to modify this dimensional standard.
Affordable Housing Proposal: The applicant is proposing 15%, or 21 affordable dwelling units, on-site. For additional information on the proposed affordable housing plan please refer to the attached Development Agreement between the Town and the applicant.
We recommend that the applicant provide an Affordable Housing Plan that addresses the following items:
Recent Council Committee discussions regarding affordable housing have addressed various options for the provision of affordable dwelling units. In particular, discussions focused on the using the number of bedrooms as a measure of affordable housing, rather than units. We believe a greater variety of size, number of bedrooms, and physical location within the building would improve the marketability of the affordable housing stock. We recommend that the developer provide some combination of 1, 2, and 3-bedroom units that vary in size and physical location in the building, but with an equivalent number of bedrooms as the proposed 21 unit/21 bedroom proposal. We have included a stipulation to this effect in Resolution A.
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 specified in the Comprehensive Plan. We have included a stipulation to this effect in Resolution A.
The developer has stated in the Statement of Justification that they will provide a $25,000 payment to the Town for the purpose of studying strategies for keeping affordable housing affordable. A stipulation requiring this payment is incorporated into 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.
Open Space (Public/Private Plaza): The applicant is proposing an outdoor plaza that will serve as a public/private open space. Portion of the plaza area will be accessible to the general public (similar to the public area in front of the E. Franklin Street Post Office). This public area will be owned and maintained by the Town of Chapel Hill. The public open space is intended for public gatherings and events as well as everyday use. We anticipate that this public area will also provide space for some of the public art projects associated with this project. The developer has also agreed to provide a $200,000 contribution to the Town for event programming in the public space. Other portions of this outdoor plaza are proposed as private space that will be owned and maintained by the owners association. Please refer to the submitted site plan SD1.20 for a site plan that identifies the proposed public and private open space areas.
The applicant is proposing a plaza design that would be elevated from the surrounding sidewalks in a stepped fashion. The plaza is proposed to include a lower mall area near the corner of West Franklin and Church Streets, which would be connected to an upper mall, an arcade between West Franklin and West Rosemary Streets and a courtyard on the West Rosemary Street frontage. The open space is proposed to consist of hardscape materials, public art installations, vegetated planters, and possibly water features. Sidewalks, amenity strips, and planters are proposed on the perimeter of the site, which would be part of the public open space. The perimeter sidewalks and streetscape are proposed to be publicly maintained as are the lower mall, upper mall, central portion of the arcade.
For additional information on the proposed public open space please refer to the attached Development Agreement between the Town and the applicant.
Traffic Impact: A Traffic Impact Analysis (TIA) report was prepared by the Town Consultant in accordance with the Town’s TIA guidelines. Please refer to attached TIA Summary Report (Attachment 9). The purpose of this study is to determine the impact to the surrounding transportation system caused by the additional traffic generated by the proposed Parking Lot 5 project, which is anticipated to be fully built out by the year 2011. Traffic volumes from the proposed developments (Greenbridge, Shortbread Lofts, Chipotle Restaurant, The Franklin Hotel, and Rosemary Street Apartments) were included in the analysis of future conditions. Also, future traffic conditions were calculated by applying an annual growth of 2%. Traffic conditions were examined one year after the anticipated build-out date (2010).
The study area for this project consists of the following intersections:
Based on the TIA report and the operations of the existing traffic signals in the area, we recommend that the applicant provide a $2,000 payment to review and revise the signal timing plans, as related to traffic operations, at the West Rosemary Street / Church Street intersection and the West Franklin Street / Church Street intersection, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Vehicular Access and Circulation: The applicant is proposing one point of vehicular access on West Rosemary Street, with one entrance and one exit lane to West Rosemary Street. The point of access is proposed to be approximately 235 feet east of the Church Street intersection and would be connected to two separate levels of below grade parking. The two levels of parking would be connected by a ramp. We recommend that the applicant widen the proposed ramp to the parking decks and provide three lanes, one entrance lane from Rosemary Street, and two exit lanes, each with dedicated right and left turn movements. We recommend that the parking deck be designed to Town standard and be reviewed and approved by the Town Manager, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Vehicular Parking: The applicant is proposing to satisfy the parking requirement with 325 parking spaces, including 8 handicapped spaces. The applicant has also requested that they be allowed to have a maximum of 340 parking spaces, as allowed by the recently adopted vehicular parking standards. We recommend that the applicant provide a maximum of 340 parking spaces. We further recommend no more than 20% compact parking spaces on the private parking deck and no more than 15% compact parking spaces on the public parking deck. The Town defines compact parking spaces as any vehicular parking spaces with dimensions less than 8.5 feet wide and 18 feet long. We have included a stipulation to this effect in Resolution A.
Of the proposed 340 parking spaces, the applicant is proposing to provide approximately 159 paid public parking spaces in the upper parking deck and approximately 166 private parking spaces in the lower deck that would be assigned for residential parking.
We recommend that the applicant provide a Parking Facility Safety Plan, including safety measures such as closed circuit televisions, panic stations, and similar safety features, as well as Final Plan notes indicating who will be responsible for traffic control equipment in the event of an emergency, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Public Vehicular Parking: The Town is in the process of developing a plan to temporarily supplement the loss of the 169 existing public parking spaces during construction of the project. The applicant is proposing 159 public parking spaces to replace the 169 public parking spaces that are currently in Parking Lot 5. These parking spaces are proposed to include 23 compact spaces and 4 handicapped spaces. We recommend that the applicant provide 3 Shelby pay stations with wireless capabilities, or the like; locations to be determined. We recommend that the parking deck and associated amenities be designed to Town standards and be reviewed and approved by the Town Manager, prior to issuance of a Zoning Compliance Permit. We have included stipulations to this effect in Resolution A.
Private Vehicular Parking (Residential and Retail Floor Area): The applicant is proposing 166 private parking spaces for the residential and retail parts of the development proposal. These parking spaces are proposed to include 33 compact spaces and 4 handicapped spaces. We recommend that the applicant provide approximately 166 private parking spaces, for the residential dwelling units and retail space. We also recommend that the applicant provide an electronic gate and card reader for accessing the private portion of the parking deck. We recommend that the parking deck and associated amenities be designed to Town standard and be reviewed and approved by the Town Manager, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
We recommend that the applicant provide a parking facility directional sign plan, including pavement markings, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
For additional information on the proposed vehicular parking please refer to the attached Development Agreement between the Town and the applicant.
Bicycle Parking: The applicant is proposing 66 bicycle parking spaces, with 56 covered Class I spaces and 10 uncovered Class II spaces. The recently adopted parking standards require a minimum of 43 bicycle parking spaces, with 38 covered Class I spaces and 5 uncovered Class II spaces. The applicant is proposing to put the proposed 56 Class I bicycle parking spaces on the two parking decks and the 10 Class II bicycle parking spaces in the public space outdoors.
We recommend that this development provide a minimum of 66 bicycle parking spaces that comply with the Class I and Class II Design Manual standards for location and design of bicycle parking facilities. We recommend that the applicant provide a minimum of 66 on-site bicycle parking spaces, including 22 Class I bicycle parking spaces each level of two parking deck levels. We recommend that the applicant also provide 22 Class II bicycle parking spaces above ground placed around the site in the public space. The bicycle spaces shall comply with the Town’s Class I and Class II Design Manual standards. The Town Manager shall review and approve the bicycle parking space plan prior to the issuance of a Zoning Compliance Permit.
Pedestrian and Bicycle Access: The applicant is proposing an open mall area and courtyard, connected by an arcade, with access from three public street frontages. The proposed upper and lower mall areas would be public open space and maintained by the Town (Attachment 18, Sheet SD1.20). The proposed courtyard area and a portion of the arcade would be under private ownership and maintenance. The applicant is proposing benches and bicycle racks around the perimeter of the site as well as streetscape improvements.
The applicant is proposing two pedestrian safety enhancements where the parking lot exit intersects with the sidewalk on West Rosemary Street. The proposed enhancements include 1) a stop sign and audible warning at the parking lot ramp exit, 2) an at-grade, continuous sidewalk crossing of the parking deck driveway, without curbing, to minimize conflicts with sidewalk traffic; and 3) a sidewalk where the driveway crossing occurs that is differentiated with tone and texture to alert pedestrians of the exit ramp. We recommend that the applicant provide such pedestrian safety enhancements, design subject to Town Manager approval prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Streetscape: Existing public sidewalks are on the three frontages of the site. The applicant is proposing to improve the public street frontage of this site with 30-inch curb and gutter, 7 to 13.5 foot-wide sidewalks, a 4 to 13-foot wide amenity strips brick amenity strip with trees, tree grates, benches and decorative lighting. Plans are subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Streetscape Improvement (Church Street): The applicant is proposing a low-profile valley curb, beginning at the intersection of West Franklin Street, for approximately the first 75 feet along the east side of Church Street. The applicant is also proposing a scored concrete street section on Church Street, beginning at the intersection of West Franklin Street, adjacent to the alternative low-profile valley curb and gutter. We believe that this alternate street design will provide a smooth pedestrian connection between Church Street and the plaza area during public activities that involve the closure and temporary use of Church Street as a public open space and extension of the proposed public plaza. We recommend that the applicant construct a scored concrete street segment, or similar, on Church Street, and a low-profile valley curb and gutter for a portion of Church Street, where determined appropriate by the Town Manager. We have included a stipulation to this effect in Resolution A.
Downtown Streetscape Master Plan Lighting Plan: We recommend that the applicant provide a detailed design of all proposed Streetscape and sidewalk lighting improvements. We also recommend that the design be consistent with the Town’s revised Downtown Streetscape Master Plan, subject to Town Manager and NCDOT approval, where appropriate, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Streetscape Improvements Off-Site (Church Street): We believe that adequate right-of-way exists for the applicant to replace an existing gravel sidewalk on the west side of Church Street with a Town standard sidewalk. We recommend that if adequate right-of-way exists along Church Street, that the applicant provide a 5-foot wide Town standard sidewalk, including a 30-inch curb and gutter, on the west side of Church Street, in front of the NC Institute of Pharmacy building. We recommend that this sidewalk connect the existing sidewalk segment towards the south end of Church Street with the West Rosemary Street intersection. Plans are subject to existing right-of-way and Town Manager approval, prior to issuance of a Zoning Compliance Permit. If adequate right-of-way is not available to construct this sidewalk improvement, we recommend that the applicant provide a payment-in-lieu prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Streetscape Improvements Off-Site (West Rosemary Street): We recommend that the applicant provide a 5-foot wide Town standard sidewalk with 30-inch curb and gutter on the north side of West Rosemary Street, between Pritchard Avenue and Church Street, design subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
Currently there are four lots on the north side of West Rosemary Street, between Pritchard Avenue and Church Street, adjacent to the site. Right of way would have to be purchased from all four of the property owners in order to build a sidewalk. Right of way acquisition discussions between the Town and property owners have been initiated. We recommend that the applicant provide a payment-in-lieu of sidewalk improvements if right-of-way acquisition has not occurred prior to the issuance of the first Certificate of Occupancy. We have included a stipulation to this effect in Resolution A.
Bus Stops: There are three existing bus-stops located within about 300 feet of the site; one bus-stop is located on West Franklin Street and two on West Rosemary Street. The applicant is not proposing to provide bus stops on the proposed development site.
We recommend that the applicant improve the three nearby bus stops or provide a payment-in-lieu of bus stop amenities. The funds may then be used by the Town for any transit improvements associated with the development. We recommend that the improvements include shelters, solar generated passenger information systems, and lighting (solar orientation permitting), a bench, and trash receptacle at the following locations 1) the north side of West Franklin Street, west of the Church Street intersection and 2) the north side of West Rosemary Street west of Pritchard Avenue. We also recommend that the applicant relocate the existing bus stop, on the south side of West Rosemary Street frontage, about 40 feet beyond the eastern property line, and provide bus stop amenities, including a bench. The funds may then be used by the Town for any transit improvements associated with the development. The final designs and locations shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
We recommend that the applicant provide a striped pedestrian crosswalk on West Rosemary Street near the bus stop on the north side of the street, adjacent to Pritchard Avenue, design subject to Town Manager approval prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
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 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:
We have included a stipulation to this effect in Resolution A.
Buffers and Landscaping: The Land Use Management Ordinance does not require landscape buffers between this proposal and adjacent land uses because it is located in the Town Center zoning district.
Landscape Protection, Planting and Maintenance Plan: Existing vegetation on the site includes 5 hardwood specimen trees over 18-inches in diameter. Additionally, there are a number of smaller ornamental trees, including Crape Myrtles and Bradford Pears, scattered around the parking lot and perimeter of the site. The Landscape Protection Plan indicates that all existing trees are proposed for removal.
The applicant is proposing to plant deciduous shade trees along the street frontage of the site. We recommend that a Landscape Protection, Planting and Maintenance Plan include all vegetated areas, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included stipulations to this effect in Resolution A.
Building Elevations and Lighting: We recommend that detailed building elevations and lighting plans be approved by the Community Design Commission prior to the issuance of a Zoning Compliance permit. We recommend that the Community Design Commission approve a lighting plan for this site and take additional care during review to ensure that the proposed lighting plan will minimize 1) upward light pollution and 2) offsite spillage of light, prior to issuance of a Zoning Compliance Permit. We have included stipulations to this effect in Resolution A.
We also recommend that the lighting plan for the plaza and the parking facility be reviewed and approved by Parking Services and the Police Department, prior to issuance of a Zoning Compliance Permit. We have included stipulations to this effect in Resolution A.
Leadership in Energy and Environmental Design: The applicant is proposing to construct the Downtown Economic Development Initiative – Parking Lot Five Development to the Leadership in Energy and Environmental Design (LEED) standard.
The applicant is proposing to build to the silver LEED standard, with 26 performance credits, but not actually obtain LEED certification (Attachment 11). We recommend that the applicant provide evidence from a LEED certified consultant that they have provided a minimum of 26 LEED standard performance credits, to be reviewed by the Town Manager, within a reasonable period after substantial completion of construction. We have included stipulations to this effect in Resolution A.
In addition, the applicant is proposing to provide documentation that the heating, ventilation and air conditioning (HVAC) system is at least 20% more efficient than the standard efficiency for HVAC equipment as established by the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) (Attachment 11). We recommend that the applicant submit energy models showing a minimum energy efficiency savings for the building of 20% relative to the American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) Standard 90.1-2004 within a reasonable period after substantial completion of construction. We have included stipulations to this effect in Resolution A.
Watershed Protection and Resource Conservation Districts: This site is neither within the Watershed Protection District nor the Resource Conservation District.
Impervious Surface: The Town Center zoning districts are not subject to impervious surface limits. Approximately 79% of the existing gross land area of the site, or 66,220 square feet is covered by impervious surface. The applicant is proposing to add 21,375 square feet of new impervious surface area to the site for a total of 87,595 square feet of impervious surface. Approximately 100% of the site would be covered by impervious surface area post development.
Stormwater Management: The applicant is proposing to manage post-development stormwater impacts associated for stormwater quality by installing an underground vault beneath the lower parking deck. We recommend that the applicant provide equipment to facilitate the capture and use of a portion of stormwater runoff for irrigation of vegetation on the proposed development site. We recommend that the developer submit a Stormwater Management Plan for the site prior to issuance of a Zoning Compliance Permit. We have included these as stipulations in Resolution A.
Erosion Control: We recommend that an Erosion Control Plan be submitted and approved by the Orange County Erosion Control Officer prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Refuse Management: The applicant is proposing to use private refuse service for the collection of refuse and recycling materials. The applicant is proposing private refuse collection including a trash compactor, cardboard compactor, and recycling carts. We recommend that the final plans include dimensioned details as well as appropriate signage and lighting for the refuse area. We recommend that prior to the issuance of a Zoning Compliance Permit, the Town Manager review and approve a refuse facility design. We have included a stipulation to this effect in Resolution A.
We recommend that prior to the issuance of a Zoning Compliance Permit, that the Town Manager review and approve a Solid Waste Management Plan, including provisions for private waste and recycling collection, management and minimizing of construction debris, and demolition waste. We have included a stipulation to this effect in Resolution A.
Utilities: We understand that a portion of the electrical service required to serve the site will be extended from an existing duct bank at the corner of Church Street and West Franklin Street, to a transformer on West Rosemary Street. The applicant is proposing that this electric service be placed underground. Additionally, the applicant is proposing to use existing 3-phase utility poles on the West Rosemary Street frontage, keeping this portion of the electrical service above ground.
The Land Use Management Ordinance requires that all but 3-phase utility lines be placed underground. We recommend that all electric service to the site, associated with service along Church Street, be provided in underground duct banks. With respect to West Rosemary Street, though it may be preferable to have the 3-phase utility lines below ground, it is not required by Ordinance. We also believe that placing electrical utilities below grade on the West Rosemary Street frontage is not practical at this time as the utilities would continue to be overhead east and west of the site. Duke Energy has commented that it would be more feasible to submerge the entire length of West Rosemary Street at one time and that submerging a one-block section of West Rosemary Street would be both unattractive and very costly. We recommend that submerging existing utility lines below ground, for the length of West Rosemary Street, would best be handled comprehensively.
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. We recommend that to avoid damage to underground utility lines beneath streets adjacent to the site, the applicant shall not place heavy equipment, and/or construction trailers, on top of such lines. We have included a stipulation to this effect in Resolution A.
Fire: We recommend that a fire flow report, 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.
We recommend that the applicant provide fire and life safety protection that meet the requirements of the North Carolina Department of Insurance, Office of the State Fire Marshall, the Building Code provisions for High Rise construction, and NFPA 101 Life Safety Code. The design is subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A including stipulations with respect to fire safety.
Sprinkler System: 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.
Construction Easements: Prior to the issuance of a Zoning Compliance Permit, we recommend that the applicant provide recorded copies of temporary off-site construction easements authorizing work at grade or below grade. The easements are subject to Town Manager review and approval, and if applicable NCDOT approval, prior to recordation.
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 on all frontages of the site. The plan must be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. At least 5 working days prior to any proposed lane or street closure the applicant must apply to the Town Manager for a lane or street closure permit. We have included a stipulation to this effect in Resolution A.
Comprehensive Plan: The Comprehensive Plan was adopted by the Council on May 8, 2000, which has two components pertinent to this development proposal, the Land Use Plan and the Downtown Small Area Plan.
Land Use Plan: The Land Use Plan, a component of the Comprehensive Plan, adopted by the Council on May 8, 2000, identifies this property as Town/Village Center Emphasis.
Downtown Small Area Plan: The Downtown Small Area Plan, a component of the Comprehensive Plan, adopted March 27, 2000, identifies the Parking Lot Five site as one of the plan’s major opportunity areas. The Downtown Small Area Plan also has the following goals for the downtown:
We believe that this proposal achieves these objectives. The Downtown Small Area Plan also includes Downtown Design Guidelines. These guidelines articulate design objectives that will guide the Community Design Commission as it reviews and approves the building elevations and lighting plans for this proposal. The key design objectives are:
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 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 proposed Special Use Permit with conditions in Revised 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. Resolution A would approve the application with conditions. Resolution B would deny the application.