1b-1 | Staff Report Public Hearing: Orange United Methodist Church

ATTACHMENT 1

STAFF REPORT

Subject:	Public Hearing: Orange United Methodist Church - Application for Special Use Permit Modification (File No. 9880-20-9389)
Date:	February 18, 2008

INTRODUCTION

The Town has received an application from Orange United Methodist Church for a Special Use Permit Modification to expand the Orange United Methodist Church. The proposal includes 57,000 square-feet of new floor area and 188 new parking spaces. The site is located in the Residential-1 (R-1) and Residential-2 (R-2) zoning districts, and is located in the Town limits. A portion of the site is in the Resource Conservation District. The site is identified as Orange County Parcel Identifier Numbers 9880-20-9389 and 9880-30-2035.

Accompanying this application is an application to rezone a portion of the 16 acre site from Residential-2 (R-2) to Residential-3-Conditional (R-3-C).

BACKGROUND

1832	Orange United Methodist Church was established at its current site on approximately 8 acres.
1987	Special Use Permit approval to expand the Fellowship Hall, church offices, parking, and play area.
2002	On February 11, 2002, the Town Council approved a Special Use Permit Modification for a 7,500 square-foot education/pre-school building and a 2,400 square-foot community outreach building, sports field improvements, expansion of an existing log cabin, and 52 additional parking spaces. A copy of the Special Use Permit and approved site plan is attached. The applicant never constructed the approved addition or improvements. The applicant now intends to construct the 1,191 square-foot addition to the existing log cabin along with the changes proposed by this Special Use Permit.
2005	The Community Design Commission and the Town Council reviewed a Concept Plan to expand the Orange United Methodist Church. Copies of the comments from the Concept Plan reviews are attached to this memorandum.

EXISTING CONDITIONS

Location: The 16-acre site is located at 1220 Martin Luther King Jr. Blvd. at the intersection of Homestead Road. The site is zoned R-1 (Residential-1) and R-2 (Residential-2). To the south of the site are the Moody Mobile Home Park and a convenience store, zoned R-4 (Residential-4) and NC (Neighborhood Commercial) respectively, to the north and east is the North Forest Hills Subdivision, zoned R-1 (Residential-1). Lake Ellen forms at the southeastern tip of the property.

Existing Structures, Land Use: The four-building campus includes a fellowship hall, church offices, sanctuary, and a log cabin. The site also includes associated parking and a playfield used by the Rainbow Soccer organization. A total of 19,501 square feet of floor area currently exist on the site. The sanctuary has a capacity of 240 seats with Sunday morning and afternoon services. Parking spaces exist for 110 cars. Overflow parking sometime occurs on the grassed playing field. A cemetery dating back to the 1800’s surrounds the south and east sides of the sanctuary, and an existing septic pump and tank are located behind the Education Building.

The log cabin is located at the southwest corner of the property. The structure is served by a septic system and well. The cabin is used for scout activities, as well as the after-school programs Monday through Friday (30-35 students). Although no changes are proposed to the log cabin as part of this application, the Special Use Permit Modification approved February 11, 2002 authorized expansion of the cabin, which the applicant intends to construct concurrently with expansion approved by the proposed application.

Two playgrounds, located behind the fellowship hall, serve an on-site preschool (130 students). A fenced refuse collection area is at the rear of the existing northwest parking area.

Vehicular Bicycle and Pedestrian Access: There are two points of vehicular access from Martin Luther King Jr. Blvd. The driveway at the parking lot on the north end of the site near Homestead Road, is a full access driveway. The driveway at the southern edge of the property near the log cabin is one-way, in only.

A sidewalk exists along the site’s Martin Luther King Jr. Blvd frontage and there are informal neighborhood walking trails along Booker Creek. An area of “unopened right-of-way” named Barbara Court extends from Dixie Drive to the southeast quadrant of the site.

Bicycle Parking: No bicycle parking currently exists.

Bus Stops, Routes: The site is served by Chapel Hill Transit, with an existing bus stop and pull-off, just north of the northern entrance drive, as well as a bus stop across Martin Luther King Jr. Blvd. The area is served by the A, NS, and T Routes.

Topography, Drainage, Vegetative Cover: The site contains slopes from 1% to 20% with the steeper slopes occurring on the east-facing slope of Booker Creek. At the northeastern end of the site is a rock outcropping on the site’s steepest slopes. This area remains undisturbed and hardwoods cover the slopes.

The site contains federally-regulated floodplain and approximately 4 acres in the Resource Conservation District associated with Booker Creek. Booker Creek, a perennial stream, defines the eastern property line. Two tributaries to Booker Creek exist, along the south property line (perennial) and in the north east corner (intermittent). An ephemeral stream also runs through the center of the property, connecting to Booker Creek at the east. Lake Ellen forms at the southeastern tip of the property. A natural spring exists in the floodplain at the southeastern end of the site. A 30-foot OWASA easement exists on the property following the Resource Conservation District on the eastern edge of the property.

A significant tree stand with rare and specimen trees exists in the middle of the site, with some trees clustered to the east of the existing playground and another cluster directly south of the existing metal building.

EVALUATION

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.

Development Description

The Special Use Permit Modification application proposal is to construct a 57,000 square-foot addition to the existing 19,501 square-foot building (the 2002 Special Use Permit allowed a total of 20,692 square feet) with a capacity of 660 seats and 188 parking spaces (in addition to 79 of the existing parking spaces to remain), for a total of 267 parking spaces. The existing septic and pump station behind the Education Building is proposed to be removed so the building can be connected to the public sewer system. The proposal also includes stormwater improvements, dumpster facility with roll cart recycling, a memorial garden, columbarium, and relocated playing field. Changes are proposed to access and circulation, at the southern and the main entrances.

Although no changes are proposed to the log cabin as part of this application, we note that the Special Use Permit Modification approved February 11, 2002 authorized expansion of the cabin, and the church plans to construct that expansion simultaneously with the current proposed expansion.

Concept Plan / Special Use Permit Modification Application Comparison

The Special Use Permit Modification application plans for Orange United Methodist Church have changed from the plans submitted for 2002 Special Use Permit Modification. Some of those differences area noted in the table below.

	2002 Special Use Permit Modification	2005 Concept Plan	2007 Special Use Permit Modification
Acreage	13.2	13.68	16.62
Addit. Floor Area	9,900	38,089 SF	57,000 SF
Addit. Pkg Spaces	52	126	181

A copy of the Council and Community Design Commission comments, the applicant’s response to those comments and the applicant’s description of the differences between the Concept Plan and the Special Use Permit Modification are attached.

Ordinance Requirements

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 R-1 (Residential) and R-3 (Residential) zoning districts. There are 5.06 acres of R-1, and 11.54 acres of R-2. This application is accompanied by a rezoning application, to rezone the portion of the site that is currently R-2 to R-3-C.

Modifications to the Regulations: As proposed, the Special Use Permit Modification application does not comply with the parking landscaping standard (Section 5.9.6(a)) of the Land Use Management Ordinance, which requires a five-foot buffer strip between parking facilities and the exterior wall of a structure.

In the rear of the proposed Worship Building, a portion of the parking lot does not meet the parking lot landscaping requirement due to a proposed small retaining wall. Between the retaining wall and the building, the applicant proposes a landscaped courtyard, which would provide some screening. We recommend that the Council modify the requirements of the Land Use Management Ordinance for screening between the parking and the building. For additional discussion, please refer to the attached request for modification from the applicant.

Transportation

Traffic Impact Analysis: The Traffic Impact Analysis was completed in 2006, based on the 2006 site plan, which showed a different vehicular circulation pattern for the site. The 2006 TIA included one recommendation: that the applicant constructs a northbound right-turn taper along Martin Luther King Jr. Blvd.

The “Traffic Impact Analysis Report Addendum” provided revised analysis needed as a result of updated driveway configurations at the two church driveways. To do this, both future (2019) traffic and site traffic were redistributed on the network based upon changes to the site driveway lane configuration. The two study intersections were then analyzed with the new traffic volumes and lane configurations. Based on this analysis, the proposed site driveway lane configurations are expected to accommodate projected queues as well as provide adequate levels of service for church traffic. The TIA Addendum recommended the lane configuration for the westbound approach of the main site driveway as proposed by the applicant (one left, one left-through, and one right). Although the TIA recommended that the left turn lane provide 145 feet of storage, the right turn lane provide 190 feet of storage, and that the center shared lane provide 120 feet of storage, the Town and NCDOT staff recognized that the stacking provided is the best that can be achieved given the site’s constraints. We have included the stipulation for the right-turn taper, lane configurations, and signal timing revision in Resolution A. In addition, we recommend a $1,000 payment for signal timing revisions.

Vehicular Access: There are six lanes of traffic on Martin Luther King Jr. Blvd. at the point of its intersection with Homestead Road. A traffic signal exists at the intersection of Martin Luther King Jr. Blvd and Homestead Road.

The 2006 site plan included two egress lanes (one left, one shared through-right) at the main site driveway and a right-in/right-out/left-out access at the secondary driveway. The site plan that was re-submitted in 2007 reconfigured the main entrance access, in response to the Traffic Impact Analysis findings as well as staff concerns about circulation and stacking. The revised 2007 site plan proposes three egress lanes with additional storage at the main site driveway and right-in, right-out only at the secondary driveway.

NC 86/ Martin Luther King Jr. Blvd. Landscape Buffer: In May 2006, the Town contracted with Lappas and Havener, PA, Landscape Architects to prepare a pedestrian safety study for the NC 86/Martin Luther King Jr. Boulevard Corridor. In May 2007 the Council approved the recommendations of the NC 86/Martin Luther King Jr. Boulevard Corridor/Town Wide Pedestrian Safety Evaluation Study. We are coordinating with NCDOT to implement the adopted recommendations of the Pedestrian Safety Implementation Study.

The NC 86/Martin Luther King, Jr. Blvd. Corridor Study Plan includes two potential landscaping options for this section of Martin Luther King Jr. Blvd: one option is for a grassed area with landscaping and street trees between the roadway and the sidewalk; the second option is for landscaping and larger shade trees at the back of the sidewalk. Typically, the staff recommendation is for the first option, which provides more buffer between pedestrians and the roadway. However, the staff acknowledges that in situations of limited right of way or other topographical limitations, the second option is acceptable. In this situation, we recommend maintaining the existing condition where the trees currently exist between the sidewalk and parking lot. Because of concerns regarding proximity to existing overhead utilities, we have not incorporated the recommendation for sidewalk relocation or additional landscaping north of the main driveway entrance into Resolution A. For additional discussion please refer to the section on landscaping.

Mass Transit Improvements: One bus stop with a pull-off exists on Martin Luther King Jr. Blvd., adjacent to the northern portion of the site, and two bus shelters exist across the street. We do not recommend changes to the bus facilities with this application.

Bus Rapid Transit: The Town’s Long Range Transit Plan is expected to include recommendations for the development of bus rapid transit along Martin Luther King, Jr. Blvd. We anticipate that the plan may include recommendations for additional right-of-way along the site’s Martin Luther King, Jr. Blvd. frontage to accommodate the transit service. The final recommended Plan is expected to be released in March, 2008. The attached Resolution does not recommend the dedication of additional right-of-way.

Vehicular Parking: There are 110 existing parking spaces (not including the overflow parking area on the play field). The applicant is proposing to retain 79 of the 110 spaces. An additional 188 spaces are proposed to be added for a proposed total of 267 spaces. The applicant is not proposing to use the new play fields for parking at any time.

The Land Use Management Ordinance specifies a minimum of one space per five seats, or 132 spaces, and a maximum of one space per two seats, or 330 spaces. We have included a stipulation in Resolution A for a maximum of 267 vehicular spaces proposed.

Bicycle Parking: The Land Use Management Ordinance requires one bicycle parking space per 50 seats (or 13 spaces). The approved 2002 Special Use Permit for the site stipulates that there be 14 bicycle parking spaces. The applicant is not proposing bicycle parking spaces. We recommend that the applicant provide a minimum of 14 bicycle parking spaces. We have included this stipulation in Resolution A.

Pedestrian Circulation: A sidewalk currently exists along the Martin Luther King Jr. Blvd. frontage. Two striped crosswalks are proposed between Martin Luther King Jr. Blvd. and the internal sidewalks. An area of “unopened right-of-way” named Barbara Court extends from Dixie Drive to the southeast quadrant of the site. With respect to creating additional pedestrians connection across Booker Creek (by way of Barbara Court) and to the adjacent mobile home park, the applicant has indicated that both paths would be topographically prohibitive. Although no trail exists along the portion of the site near Booker Creek, informal neighborhood paths exist along the creek. Resolution A does not recommend creation of additional pedestrian connections.

Landscaping and Architecture

Buffers and Landscaping: The table below outlines the minimum landscape buffers requirements and the buffers proposed by the applicant.

Location (property line)	Ordinance Requirement	Proposed
North, South, East	20’ Type ‘C’ Buffer	20’ Type ‘C’ Buffer
West – Arterial (Martin Luther King Jr. Blvd.)	30’ Type ‘D’ Buffer	10’ Alternate Buffer

Alternate Bufferyard along Martin Luther King Jr. Blvd: Although the applicant is proposing additional plantings in the buffer along Martin Luther King, Jr. Blvd. the width of the buffer is less than the required 30 feet. Since it is an existing condition, and would require removal of trees, relocation of the parking and the building, we recommend its approval as an alternate buffer, in lieu of a Type ‘D’ Buffer and parking lot screening. We recommend that prior to the issuance of a Zoning Compliance Permit, that the applicant obtain approval from the Community Design Commission for an alternate bufferyard along Martin Luther King Jr. Blvd.

Utility Easement in northern bufferyard: OWASA initially recommended that the applicant provide a 30’ easement along the northern property line from Martin Luther King Jr. Blvd. to the existing OWASA Sewer line. This recommended easement would impact the required bufferyard along the north property line. Since the Planning Board meeting, the applicant met with OWASA and agreed to put the 30’ easement in the middle of the playfield area in order to keep the buffers as shown on the submitted plans.

Tree Removal: The plans call for the removal of approximately 24 rare and specimen trees including approximately ten in an area of open space between the two proposed building additions. The applicant has indicated that the stormwater facilities necessitate the removal of trees just to the east of the Fellowship Center.

The applicant is proposing to replant the area of tree removal with 2” caliper maples, ashes, and honey locusts. The applicant has indicated that the trees in the area between the two proposed buildings must be removed in order to revise grades and extend the existing drainage system that serves Martin Luther King Jr. Blvd. and properties to the north and west of Orange United Methodist Church. This stormwater system extension necessitates the removal of trees just to the east of the Orange United Methodist Church’s Fellowship Center. The grove directly behind the existing church structures is also proposed to be removed for building expansion, parking, and the stormwater improvements.

In light of the extensive tree removal, we recommend that the final landscape plan replace the proposed 2-inch caliper trees with a minimum of 3-inch caliper trees. We also recommend that the revised plans provide a larger diversity of canopy trees, including two more native species of oaks. Resolution A includes these conditions.

Landscape Planting and Maintenance Plans: The applicant has submitted a request for modifications to the regulations for the landscaping requirement for a five-foot buffer strip between parking facilities and the exterior wall of a structure. For additional discussion please refer to the Modification of Regulations section in this staff report.

We recommend that prior to issuance of a Zoning Compliance Permit, the Town Manager review and approve a landscape planting and maintenance plan for the buffers, parking lot shading and parking lot screening. 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 have included a stipulation to this effect in Resolution A.

Community Design Commission Approvals: The Ordinance requires that detailed building elevations, lighting and alternate bufferyards 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.

Lighting Plan: Section 5.11 of the Land Use Management Ordinance requires that “all streets, driveways, bikeways, sidewalks, pedestrian paths, parking areas, and other common areas and facilities shall be lighted where necessary to ensure the security of property and the safety of persons using such streets, driveways, bikeways, sidewalks, pedestrian paths, parking areas, and other common areas and facilities.” We recommend that prior to the issuance of a Zoning Compliance Permit that the applicant submit site plans and other required documents to satisfy the lighting requirements in Section 5.11 including the submission of a lighting plan sealed by a Professional Engineer. We also recommend that the Lighting Plan address the Dark Skies Initiative. We have included these provisions as a stipulation in Resolution A.

Environmental

Energy Efficiency: The applicant has provided an Energy Efficiency statement which includes a commitment to submit energy models showing a minimum energy efficiency savings for the building of 20% relative to ASHRAE (American Society of Heating, Refrigeration and Air Conditioning Engineers) Standard 90.1-2004 as well as commitment to issues such as indoor air quality, natural lighting, and other energy-saving measures. We recommend that the applicant also submit an Energy Management Plan that would include consideration of utilizing sustainable energy sources, the purchase of carbon offset credits, green power production in coordination with the NC Green Power Program, and other sustainable design features. We have included these stipulations in Resolution A.

Watershed and Impervious Surface: The proposed development is located outside of the Watershed Protection District. The applicant proposes to add 126,723 square feet of impervious surface to the existing 53,816 square feet, for a total of 180,539 square feet.

Resource Conservation District: Approximately 4 acres of the site lies within the Resource Conservation District – 305,588 square feet of the site’s 724,080 square feet (42%). The applicant proposes limiting the land disturbance in the Upland Zone of the Resource Conservation District to 19,150 square feet for minor leveling the playfield area, 2,200 square feet for installation of stormwater management items, for a total of 21,350 square feet of land disturbance in the Upland Zone. We have included a stipulation in Resolution A limiting the land disturbance to this amount.

Stormwater Management: Two bio-retention basins and an underground detention area 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.

The plans submitted by the applicant include the following statements on the Grading, Drainage, and Water Quality Plan:

1) Underground detention pipe location dependent upon soil boring test results.

2) Bio-retention area may have to be substituted with another approved water quality device dependent upon soil boring test.

We note that significant changes to the proposed stormwater facilities cannot be approved administratively by staff.

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.

Utilities and Service

Fire: 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.

Refuse Management: The applicant has proposed a dumpster with roll cart recycling bins on the eastern edge of the site, adjacent to the Resource Conservation District. 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: As part of this application, the buildings on the site, except for the log cabin, are proposed to be connected to public water and sewer. A existing septic tank behind the Education Building will be eliminated.

OWASA initially recommended that the applicant provide a 30’ easement along the northern property line from Martin Luther King Jr. Blvd. to the existing OWASA Sewer line. This recommended easement would impact the required bufferyard along the north property line. Since the Planning Board meeting, the applicant met with OWASA and agreed to put the 30’ easement in the middle of the playfield area in order to keep the buffers as shown on the submitted plans.

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.

Miscellaneous

Construction Management Plan: We recommend that the applicant provide a Construction Management Plan 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 pedestrian and motorized and non-motorized vehicles on any public street, prior to the issuance of a Zoning Compliance Permit.

Comprehensive Plan: The Land Use Plan, a component of the Comprehensive Plan, identifies this site as Institutional.

Special Use Permit Findings

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:

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;
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;
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
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.

Based on information available at this stage of the application review process, we believe that the proposal, with the conditions in Resolution A and proposed modification to the regulations, 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, if the accompanying rezoning is approved.

Resolution A would approve the application with conditions. Resolution B would deny the application.

Project Fact Sheet Requirements

Check List of Regulations and Standards

Special Use Permit Modification Application

Orange United Methodist Church	Compliance	Non-Compliance
Use Permitted
Minimum Gross Land Area
Minimum Lot Size
Minimum Lot Width
Maximum Floor Area	(if rezoning is approved)
Impervious Surface Limits
Treatment of Stormwater Quality, Volume, and Rate
Maximum # Vehicular Parking Spaces
Minimum # Bicycle Parking Spaces	(with condition)
Minimum Street Setback
Minimum Interior Setback
Minimum Solar Setback
Maximum Height Limit
Minimum Landscape Buffers	(with existing alternate buffer and with both modification to regulations)
Resource Conservation District	(with conditions)
Watershed Protection District	N/A

N/A = Not Applicable Prepared: November 12, 2007