ATTACHMENT 1
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SUBJECT: |
Public Hearing: Orange County Animal Services Facility –Special Use Permit (File No. 9870-77-4584) |
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DATE: |
June 18, 2007 |
Attached for your consideration is an application for a Special Use Permit to allow the Orange County Animal Services facility as a Public Use Facility. The application proposes construction of a 24,000 square foot building on a 5.96-acre site that is located on the south side of Eubanks Road between the Norfolk Southern Railroad and the Orange County Landfill. The proposed development would consist of a two-story building, outdoor exercise area, service area, walking trails, and 49 parking spaces.
The site is located in the Residential-1 (R-1) zoning district and the Resource Conservation District. The site is identified as Orange County Parcel Identifier Number 9870-77-4584. The site is located outside the Town of Chapel Hill’s corporate limits and in the Town’s Joint Planning Transition Area (JPA).
The proposed development also requires a rezoning. An application is in process for a rezoning to the Office/Institutional-1-Conditional (OI-1-C) zoning district.
In early 2007, the applicant submitted a Concept Plan proposal. Comments from the Community Design Commission review (February 21, 2007), including the applicant’s response to the comments, are attached. The Council reviewed the Concept Plan proposal on March 19, 2007. A copy of the draft minutes from the Council meeting are attached.
On March 2, 2007, the applicant submitted the Zoning Atlas Amendment application and on March 21, 2007, the applicant submitted the Special Use Permit application. On April 16 the Town Council held a Public Hearing to consider the Zoning Atlas Amendment application. Because this site is located in the Joint Planning Transition Area, a Joint Public Hearing with the Orange County Commissioners and the Town Council was held on April 26, 2007.
Council action on the Zoning Atlas Amendment application and the Special Use Permit by the Town Council is schedule for September 10, 2007.
During advisory board review the applicant presented a revised site plan. The site plan included a reduce service area on the west side of the building and a reduction in the number of parking spaces from 55 to 49. Tonight’s site plan includes those changes.
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. Our evaluation of the Special Use Permit is based on the supposition that the site will be rezoned to Office/Institutional-1-Conditional (OI-1-C) by the Town Council and the County Commissioners.
Location: The 5.96-acre site is located on the south side of Eubanks Road, just west of the intersection with Millhouse Road. The property is traversed by a Norfolk Southern Railroad line with a 100 foot right-of-way, along the eastern property line. Immediately west of the railroad is a private residential gravel driveway (Genestu Drive). The site is adjacent to the Orange County Landfill to the west.
Existing Structures: The site is vacant.
Access and Circulation: Immediately west of the railroad is a 60 foot private access easement, containing a private gravel driveway (Genestu Drive). The driveway provides access to three single-family homes located to the south. To the west of the property, on the adjoining Orange County Landfill property, there is an existing 60 foot private access easement.
A traffic signal was recently installed at the intersection of Eubanks Road and Millhouse Road. Automatic railroad gates for the railroad crossing on Eubanks Road at Millhouse Road were also recently installed by the State.
Pedestrian Circulation: There are currently no sidewalks along either side of Eubanks Road in this area. The east side of Millhouse Road, between Eubanks Road and the Town’s Operation Center, includes a five-foot wide sidewalk. There is an existing sidewalk along the frontage of the Town’s Park/Ride lot on Eubanks Road. A future sidewalk will be constructed along the south side of Eubanks, along the frontage of the recently approved Chapel Watch Village multi-family development.
Bus Stops, Routes: The Eubanks Road Park and Ride lot is located on the north side of Eubanks Road, approximately 1,000 feet to the east.
Topography, Drainage, Vegetative Cover: The site is gently sloping from the south to the north with most of the site having less than 10 percent slope. There is a small area on the west side sloping more steeply toward the northwest with slopes reaching 20 percent. The property does not contain any streams, wetlands, or floodplain areas although it does include Resource Conservation District associated with a perennial stream located on an adjacent property to the west.
We believe that portions of the site have been cleared or timber-harvested in recent years, as evidenced by the dense character of the site’s vegetation. The vegetation consists of small gum, pine, maple and other native tree species along with various types of thick undergrowth. The western edge of the site contains mature woodlands.
The site is not located within the Town’s Watershed Protection District.
The Special Use Permit application proposes to construct an animal services facility with a two-story building, outdoor exercise area, service area, walking trails, and 55 parking spaces. The applicant is proposing a stormwater detention pond in the northern part of the site, for managing increased stormwater runoff associated with the proposed development.
Vehicular access to the site would be provided by a new access point from Eubanks Road. The applicant is not proposing to access the site via the private residential driveway (Genestu Drive). The applicant is not proposing to construct a sidewalk along the site’s frontage on Eubanks Road.
The applicant is proposing to extend a water line near Millhouse Road to the frontage of this site. A well is also proposed for potable non-consumptive uses. Sanitary sewer service is proposed by extending an existing public sewer line from the east side of Millhouse Road to the northwest corner of the site.
In early 2007, the applicant submitted a Concept Plan proposal. Comments from the Community Design Commission review (February 21, 2007), including the applicant’s response to the comments, are attached. Draft minutes from the Town Council review are attached to this memorandum.
The plans for the Orange County Animal Shelter have changed in minor respects from Concept Plans reviewed by the Community Design Commission and by the Town Council. In the Concept Plan applications, service access was provided from Genestu Drive. This has been eliminated as part of the Special Use Permit application.
Zoning: According to the Land Use Management Ordinance, a County animal services facility is a Public Use Facility. A Public Use Facility is a permitted use in both the existing and proposed zoning district.
The applicant is proposing to rezone the site from Residential-1 (R-1) to Office/Institutional-1-Conditional (OI-1-C). The adjacent zoning is Residential-1 (R-1) to the south, Rural Transition (RT) to the west, and Mixed Use-Office/Institutional-1 (MU-OI-1) to the east and north. Our evaluation of the Special Use Permit is based on the supposition that the site will be rezoned to Office/Institutional-1-Conditional (OI-1-C) by the Town Council and the County Commissioners.
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 Office/Institutional-1-Conditional (OI-1-C) zoning district.
The proposed project meets the Land Use Management Ordinance standards for floor area, setbacks, and building heights. We provide the following chart to compare the existing zoning (R-1) and the proposed zoning (OI-1-C).
Comparison of Zoning Districts and Permitted Land Use Intensities |
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Zoning District |
Max. floor area (sq.ft.) (including RCD reductions) |
Proposed floor area (sq.ft.) |
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Residential-1 (current zoning) |
19,009 |
24,000* |
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Office/Institutional-1-Conditional (zoning district proposed by applicant) |
65,512 |
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* maximum limits proposed by applicant
As indicated in the chart, the applicant’s development proposal complies with all of the requirements of the Residential-1 (R-1) zoning district, with the exception of the maximum permitted floor area. Consequently, the applicant has requested a rezoning to Office/Institutional-1-Conditional (OI-1-C).
Modifications to the Regulations: As proposed, the Special Use Permit application does not comply with the land use intensity standards of the proposed Office/Institutional-1-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 regulation: 1) Required Parking (Section 5.9.7) of the Land Use Management Ordinance. The proposed modification is described below:
Section 5.9.7 of the Land Use Management Ordinance, requires that a Public Use Facility provide one parking space per 350 square feet of floor area, for a total 69 parking spaces.
We believe that it is reasonable to reduce the required number of parking spaces for this application. We recommend modification to the regulation to reduce the required parking spaces to 49 spaces. The applicant states that they need 49 spaces to meet their operational and public service objectives. We believe the applicant’s assessment is reasonable and recommend 49 parking spaces as the maximum number of parking spaces for this site. We believe that the Council could make a finding that public purposes are satisfied to an equivalent or greater degree because of the unique nature of this application.
Rogers Road Small Area Plan: The Town has recently formed a Task Force to study and develop a Small Area Plan for the Rogers Road area. This project is located outside the Small Area Plan area. However, an element of this Task Force’s work is to consider future roadway networks, with an emphasis on creating greater opportunities for access to the Rogers Road Neighborhood which includes the Greene Tract. We believe that any future road connection from Eubanks Road to the Rogers Road Neighborhood would ultimately be signalized. To comply with existing Town and North Carolina Department of Transportation Standards a new signalized intersection would need to be located at least 800 feet west of the existing signalized intersection at Millhouse Road. This would place such an intersection west of the subject property in the vicinity of the present landfill site. Therefore, we believe the subject property is not an appropriate location to provide an access road to serve the Rogers Road Neighborhood. The Task Force has requested that the Town and the County work together to identify a suitable road location(s) to serve the Rogers Road Neighborhood. We agree with the Task Force suggestion.
Traffic Impact: The Traffic Impact Analysis was waived for this development because the total number of trips for the proposed development is projected to be less than 220 trips per day. We believe there would be no significant traffic impact on the surrounding street network.
Vehicular Access: One point of access to the site is proposed from Eubanks Road. No access to Genestu Drive is proposed as part of this application. We recommend that if and when the applicant determines to use Genestu Drive for this proposed development, the such change be considered a modification to the Special Use Permit, and be subject to review and approval by the Town Council.
Eubanks Road Improvements: The applicant has proposed to improve Eubanks Road to include a left turn lane into the proposed driveway. The plans indicate two 11-foot through lanes and an 11-foot left turn lane approximately 50 feet in length. The applicant has also proposed to dedicate half of a 70 foot right-of-way for the property’s Eubanks Road frontage.
It is the Town’s practice to ensure the street frontage for all new development meets Town Standard. That standard consists of a travel lane in each direction, bike lane, curb and gutter, utility strip, and 5-foot wide sidewalk. We recommend that the applicant construct these improvements along Eubanks Road. Because of the proximity of the driveway to the railroad tracks and the Millhouse Road/Eubanks Road intersection, we also recommend that the applicant construct a left turn lane into the driveway. A left turn lane would provide for more efficient traffic flow by mitigating potential conflicts between vehicles queuing to turn into the driveway and vehicles in the through lanes.
We recommend that the applicant dedicate half of a 70-foot right-of-way along Eubanks Road. The dedication of this additional right-of-way will provide adequate space for the 11-foot turn lane, 12-foot through lanes, a 4-foot bike lane, 3-foot utility strip, and a 5-foot concrete sidewalk.
At some point in the future we anticipate there will be full width improvements, including sidewalks, along Eubanks Road. These improvements will occur as properties along Eubanks develop/re-develop or through a federal/NCDOT improvement project. In the meantime, we believe that the recommended improvements along Eubanks Road associated with this development, including the sidewalk and bike lane, are reasonable.
In summary, regarding Eubanks Road, we recommend the following:
Stipulations to this effect have been included in Resolution A.
Vehicle Parking: Based on the proposed land use, a Public Use Facility, one parking space per 350 square feet of floor area, 69 spaces, is required. The applicant states that they need 49 spaces to meet their operational and public service objectives. The facility anticipates approximately 30 employees, plus animal control officers, volunteers, veterinarians, and general public. The site plan before the Council tonight includes 49 parking spaces. We agree with the applicant’s assessment and recommend 49 parking spaces as the maximum number of parking spaces for this site.
The Council is considering a proposal to amend the Land Use Management Ordinance with respect to off-street parking requirements. If the proposed new vehicle parking regulations are adopted, the minimum off-street parking requirements, for the proposed Orange County Animal Services Facility, would be one parking space per 350 square feet of floor area. There is no maximum off-street parking requirement proposed for this type of use. These new regulations would require a minimum of 69 parking spaces. We recommend a modification to the regulations to allow fewer than the required 69 parking spaces. Based on this proposed Public Use Facility, we believe a reduction in the required vehicle parking spaces is justified.
Pedestrian Circulation: There are currently no sidewalks along either side of Eubanks Road in this immediate area. The applicant is not proposing to construct a sidewalk along the site’s frontage on Eubanks Road.
Town standards require provision of a sidewalk along the frontage of this site. We have included a stipulation requiring a 5-foot sidewalk to be constructed along the site’s Eubanks Road frontage. We recommend that the applicant construct a sidewalk along the entire Eubanks Road frontage, including within the railroad right-of-way, except for that area where the sidewalk would cross the actual railroad tracks.
We also recommend that pedestrian access from Eubanks Road to the building be provided along the proposed driveway.
Bus Stops and Routes: There are presently no public bus stops or transit service along this section of Eubanks Road. The Town’s Eubanks Road Park and Ride Lot is located approximately 1,000 feet to the east of the site on Eubanks Road. We do not recommend that this applicant provide bus stop improvements.
Bicycle Parking: The applicant has proposed to provide 6 bicycle parking spaces. We recommend that the applicant comply with the bicycle parking standards in place at such time that the Town Council approves the Special Use Permit. We have included this as a stipulation in Resolution A.
Buffers and Landscaping: The table below outlines the minimum landscape buffers requirements for the proposed site and the buffers proposed by the applicant.
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Location |
Required Buffers |
Proposed Buffers |
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Southern Boundary |
20’ Type ‘C’ |
20’ Type ‘C’ |
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Western Boundary |
10’ Type ‘B’ |
10’ Type ‘B’ |
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Northern Boundary |
20’ Type ‘C’ |
20’ Type ‘C’ |
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Eastern Boundary |
30’ Type ‘D’ & 20’ Type C |
30’ Type ‘D’ & 20’ Type C |
There is an existing overhead electrical utility easement running along the Eubanks Road frontage and along the Genestu Drive easement. The Ordinance requires that the utility easement be located outside of the required buffer.
We note that on the eastern side of the property, it appears that portions of an access easement and utility easement may encroach into this proposed bufferyard. We recommend that either the applicant provide the full width required buffer or to seek approval of an alternate buffer from the Community Design Commission. Resolution A includes stipulations to that effect.
The proposed development will involve clearing and grading most if not all of the existing vegetation in the required buffer areas along the north and south property line. With respect to the east and west buffer area, the applicant believes that the removal of existing vegetation will be minimal. Resolution A includes a stipulation that requires the applicant to minimize the removal of existing vegetation in the ease and west bufferyards.
Significant Tree Stand: The western portion of the site has been identified as a significant tree stand on the Tree Protection Plan. The tree stand extends from the northern property line near Eubanks Road to the southern property line. The applicant has indicated that the proposed service parking area and driveway would impact a portion of the significant tree stand. The applicant has also indicated that one significant tree will be removed in association with the construction of the proposed driveway.
Landscape Protection Plan: We recommend that where determined necessary during Final Plan Review, the applicant install standard tree protection fencing to ensure protection of significant trees or tree stand areas. We have included stipulations 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 recommend that additional care be given 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 a stipulation to this effect in Resolution A.
Energy Efficiency: On April 23, 2007, the Town Council adopted a resolution specifying the Council’s expectations for energy efficiency and an energy management plan for applicants seeking approval of rezoning applications. The applicant has submitted an application to rezone the site from Residential-1 (R-1) to Office/Institutional-1-Conditional (OI-1-C).
In response to the Council’s action at the April 23, 2007 meeting, we have included the following stipulations in Resolution A.
Watershed Protection District: The proposed development is located outside of the Watershed Protection District.
Resource Conservation District: The site has 29,569 square feet of Resource Conservation District on the site associated with the presence of a perennial stream channel located on the adjacent western property. A portion of the proposed driveway, the proposed sewer, and proposed walking trail, located in the western portion of the site are shown within the Resource Conservation District. The applicant has indicated the land disturbance in the Resource Conservation District will be limited to 17,433 square feet, within the upland zone. As part of the proposed road improvements, the applicant has indicated that due to the pavement tapers, additional off-site disturbance will occur in the Resource Conservation District. The applicant anticipates that 19,192 square feet of off-site land disturbance will occur in the Resource Conservation District, on properties to the north and to the west.
We recommend that the disturbance associated with the new driveway, sewer, and walking trails be minimize to reduce the impact of land disturbance within the Resource Conservation District. We have included a stipulation in Resolution A stating that land disturbance activities associated with the driveway, sewer, and walking trails are limited to the upland zone of the Resource Conservation District. We recommend that the disturbance in the RCD be limited to these areas and have included this as a stipulation in Resolution A.
We anticipate that a portion of the Resource Conservation District may include erosion control devices. Resolution A includes a stipulation that permits the use of the Resource Conservation District for erosion control.
Impervious Surface: The proposed plan includes the construction of approximately 74,794 square feet of impervious surface area. The Land Use Management Ordinance allows a maximum impervious surface area of 70 percent for non-residential development. The impervious surface area proposed for this site is approximately 29 percent.
During the Planning Board review, the applicant indicated that the impervious surface calculation was approximate. We anticipate that the applicant will amend the impervious surface area figure at tonight’s meeting and seek approval for additional impervious surface area. In response to this issue the Planning Board increased the amount of impervious surface area associated with this application to 78,000 square feet. This increased impervious surface area is incorporated into Resolution A.
Steep Slope: We recommend that the Final Plan include a site plan showing slopes of 10% or more, and indicating how the development and construction will comply with the steep slopes regulations in Sections 5.3.2 and 5.3-1 of the Land Use Management Ordinance
Stormwater Management: The applicant is proposing a detention pond, located in the northern portion of the site, and stormwater biofiltration for managing increased stormwater runoff associated with the proposed development. 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.
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.
Refuse Management: We note that Town refuse collection services will not be available to this development until the development has been annexed into the Town’s corporate limits.
We have also 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.
Utilities: The applicant is proposing to extend a water line near Millhouse Road to the frontage of this site. A well is also proposed for potable non-consumptive uses. Sanitary sewer service is proposed by extending an existing public sewer line from the east side of Millhouse Road to the northwest corner of the site.
We have included our standard stipulation 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.
Except for three phase power lines, the Ordinance requires that all new or relocated utility lines be located underground. We have included these standard stipulations in Resolution A.
Fire Hydrant Location: It is required that all new structures be located within 400 feet of a fire hydrant and that all hydrants be shown on the Final Plans. We have included a stipulation to this effect in Resolution A.
Construction Management Plan: We recommend that the applicant provide a Construction Management Plan, indicating how construction vehicle traffic will be managed, subject to approval by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
Traffic and Pedestrian Control Plan: We recommend that the applicant provide a Work Zone Traffic Control Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction. The plan must include a pedestrian management plan indicating how pedestrian movements will be safely maintained. The plan must be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
Comprehensive Plan: The adopted Land Use Plan, a component of the Comprehensive Plan, classifies the site as “Low Density Residential” indicated as 1 to 4 units per acre. The Comprehensive Plan encourages the provision of community facilities and services.
Open Burning and Plant Rescue: We have also included stipulations in Resolution A (1) requiring that no open burning associated with this development be permitted; and (2) encouraging the applicant to conduct a “plant rescue” after the issuance of a Zoning Compliance Permit and prior to start of construction.
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, with the modification of regulations, these findings can be made.
Based on information available at this stage of the application review process, we believe that with:
that the proposed Special Use Permit 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.