ATTACHMENT 1

STAFF REPORT

 

SUBJECT:

Residences at Grove Park Multi-Family Development – Special Use Permit Application (File No. 9788-39-4841)

DATE:

February 19, 2008

 

INTRODUCTION

 

Attached for your consideration is an application for a Special Use Permit proposing to redevelop an existing multi-family development with 492,634 square feet of floor area, including 346 residential units, and 580 parking spaces on a 12.9-acre site. The site is located at 425 (aka Town House Apartments) and 429 Hillsborough Street, and portions of 624 and 626 Martin Luther King Jr. Blvd. The application proposes demolition of the existing Town House Apartments and two single-family dwellings. The site is located in the Residential-4 and Residential-6 zoning districts and the Resource Conservation District. The site is identified as Orange County Parcel Identifier Numbers 9788-39-4841, 9788-39-4857, 9788-49-1706, and 9788-49-4924.

 

BACKGROUND

 

August 6, 1957             Planning Board approved a Preliminary Plat for R.W. Linker on the site.

 

Late 1961                    Construction began on 111 dwelling units for Town House Apartments.

 

June 28 and                  The Community Design Commission reviewed Concept Plan proposals for

August 16, 2006           425 and 429 Hillsborough Street.

 

September 18, 2006     The Council reviewed Concept Plan proposal for 425 and 429 Hillsborough Street.

 

February 20, 2007       Applications for text amendments, rezoning, and Special Use Permit were submitted to the Town.

 

Existing Conditions

Location: The proposed development is located at 425 and 429 Hillsborough Street and 624 and 626 Martin Luther King Jr. Blvd. The Town House Apartments are located at 425 Hillsborough Street. Adjacent to the property along Martin Luther King Jr. Blvd. are Northampton Plaza, The Gables, and Central Park Apartments on the south and adjacent on the north are single-family homes and the Mill Creek Apartments.  A 100-foot Martin Luther King Jr. Blvd. right-of-way forms the western boundary of the site and a 53-foot Hillsborough Street right-of-way forms the eastern boundary of the site.

 

Existing Structures: The Town House Apartment site include the 111-unit Town House Apartments on a 7.9-acre site. A network of sidewalks and driveways with adjacent parking areas circulate throughout the site. A swimming pool with concrete patio serves the residences of the apartment complex. Town House Apartment access is from both Hillsborough Street and Martin Luther King Jr. Blvd. with connection by an internal driveway.

 

The 429 Hillsborough Street site has a 2-story single family residence with gravel parking area and driveway on a .29-acre lot. A single-family residence also exists at 624 Martin Luther King Jr. Blvd., a .21-acre site with a gravel driveway from Martin Luther King Jr. Blvd.

 

Access and Circulation: Currently vehicular access to the four lots is from multiple driveways on Martin Luther King Jr. Blvd. and Hillsborough Street. Gravel sidewalks circulate within the site. Concrete sidewalks exist along Hillsborough Street and Martin Luther King Jr. Blvd.

 

Bus Stops: Existing bus stops include a stop on the west and east side of Hillsborough Street. A stop on the east side of Martin Luther King Jr. Blvd is approximately 350 feet north of the Martin Luther King Jr. Blvd driveway. The west side of Martin Luther King Jr. Blvd. includes a bus stop 600 feet south of the property and another stop 500 feet north of the site.

 

Topography, Drainage, and Vegetative Cover: Areas of steep slopes are adjacent to Martin Luther King Jr. Blvd. within the Resource Conservation Area, through the middle of the site. Slopes between 10 and 15 percent are adjacent to the steeper slopes in the middle of the site. Existing apartment buildings are located on less than 10 percent slopes. Approximately 5.4 acres or 42 percent of the site is covered by existing impervious surface area.

 

In addition to areas of established landscaping, the site includes 11 Bradford Pear trees Hillsborough Street and 18 specimen trees (over 18” diameter), including 12 rare hardwood trees and one pine tree (over 24 inches for hardwood and 30 inches for pine trees) on the site.

 

The property contains three mini-watersheds that collect and release surface runoff in 3 different directions. The majority of the site’s surface stormwater runoff, approximately 11.5 acres, drains into Mill Race Branch, a perennial stream along the western portion of the site. A second smaller area of less than an acre drains onto adjacent property to the north. The third mini-watershed is over an acre and discharges into a catch basin in Hillsborough Street.

 

A 150-foot Resource Conservation District buffer crosses the western portion of the site adjacent to Martin Luther King Jr. Blvd. Federally-regulated Floodplain exists adjacent to Mill Race Branch within the Resource Conservation District.

 

EVALUATION

 

Town staff has reviewed this application for comparison with the standards of the Land Use Management Ordinance as proposed to be amended and the Design Manual and offers the following evaluation:

 

Ordinance Requirements

The staff evaluation of the Special Use Permit application will be discussed in this memorandum based on the assumption that:

 

1)      The accompanying application for the text amendments which propose creation of new Residential-Higher Density zoning districts and changes to Section 3.6.3 (f)(1) amending the Dimensional regulations that apply to the Resource Conservation District for Floor Area will be enacted by the Council, with the standards and amended regulations as recommended by staff; and

 

2)      That the Zoning Atlas Amendment application which proposes to rezone the site from Residential-4 and Residential-6 to Residential-Higher Density 3-Conditional (R-HD3-C), will be enacted by the Council.

 

The Special Use Permit application is being discussed with that the assumption that two accompanying applications will be enacted because the Special Use Permit proposal is dependent on the Council’s approval of both.

 

Development Description

The Special Use Permit application proposes demolition of the Town House Apartments, two adjacent single family houses on properties located at 429 Hillsborough Street and 624 Martin Luther King Jr. Blvd., in order to construct a multi-family residential development including 492,634 square feet of residential floor area on12.9 acres. Portions of 624 and 626 Martin Luther King Jr. Blvd. are proposed to be recombined with this development.

 

The proposal includes seven buildings ranging from 46 feet to 90 feet tall. They are proposed to contain 346 dwelling units including 74 single bedroom units, 239 two-bedroom units, and 31 three-bedroom units and 2 four-bedroom units. The applicant is proposing 52 affordable bedrooms within a mix of 1 and 2 bedroom units.

 

A pool with 3840 square feet of deck area and a plaza with a gazebo over a sub-surface garage between Buildings 2 and 3 are proposed. A proposed club room opens onto the plaza.

 

Vehicular access to the Residences at Grove Park site is proposed from Martin Luther King Jr. Blvd. and Hillsborough Street.

 

The following table provides the proposed intensity of development:

 

 

Bldg No.

Floor Area

(Sq Ft)

No. Res.

Units

Floors

(above grade)

Overall

height

Vehicular Parking spaces below grade

 

1

 

76,042

 

53

 

6

 

90’ Max

 

74

 

2

 

138,269

 

105

 

6

 

90’ Max

 

147

 

3

 

126,384

 

96

 

6

 

90’ Max

 

135

 

4

 

58,242

 

52

 

4

 

64’-3”

 

34

 

5

 

28,377

 

11

 

3

 

46’-6”

 

N/A

 

6

 

43,139

 

18

 

3

 

    46’-6”

 

N/A

 

7

 

22,181

 

11

 

3

 

    46’-6”

 

N/A

 

Total

 

492,634

 

346

 

N/A

 

N/A

 

390

Prepared by Town of Chapel Hill Planning Department

 

The chart represents a preliminary site design. We anticipate changes to floor area and number of residential units will occur as the project is further developed.

 

Concept Plan Reviews

Proposals for this project have been reviewed by the Community Design Commission and the Town Council. The table below compares some of the differences between the most recent Concept Plan proposal with the current Special Use Permit application.

 

 

August 16, 2006

Concept Plan

Proposal

 

Special Use Permit

Land Area

560,183 SF

550,346 SF

Floor Area

520,107 SF

492,634 SF

No. of Vehicular Parking Spaces

524

580

No. of Dwelling Units

332

346

Dwelling Units/Acre

25.8

27.3

Affordable Housing

52 units

52 bedrooms

Impervious Surface

311,560 SF

331,898 SF

Prepared by the Chapel Hill Planning Department

 

Copies of the Town Council and Community Design Commission Summaries of Concept Plan Review and the applicant’s responses are attached.

 

Zoning:  The site is currently zoned Residential-4 (R-4) and Residential-6 (R-6). This application is accompanied by a rezoning application to rezone the portion of the site that is currently R-4 and R-6 to Residential-Higher Density 3-Conditional (R-HD 3-C).

 

Adjacent property is zoned Residential-2 (single family homes), Residential-3 (single family homes), Residential-4 (Central Park Condominiums), Residential-6 (Mill Creek Apartments), and Office/Institutional-1 (The Gables and Northampton Plaza). The Franklin-Rosemary Historic District overlay zone abuts the property on the southeastern corner of the site.

 

Intensity and Dimensional Standards: The proposed project meets the dimensional standards for the proposed Residential-Higher Density 3-Conditional zoning district.

 

Floor Area:   The applicant is proposing 492,634 square feet of floor area; the proposed floor area is within the maximum permitted floor area in the proposed Residential-Higher Density 3 zoning district.  

 

Setbacks and Height: In the Residential-Higher Density 3 zoning district, 10-foot setback standards apply for the street, 6-foot setbacks for interior and 8-foot for solar setbacks.  The proposal complies with the required setback limits. The proposed maximum height limits for primary and secondary height limits in the Residential-Higher Density 3 zoning district are 50 feet (at the setback line) and 90 feet respectively. The proposal complies with the proposed height limits.

Special Dimensional Standards (Transitional Control Intensity Modifications): The proposed Residential-Higher Density 3 district is located adjacent to residentially zoned land, and is subject to the Transitional Control Intensity Modification (Section 3.8.4) in the Land Use Management Ordinance. The proposed development is adjacent to residentially zoning districts (Residential-2 across Hillsborough Street on the east, Residential-3 on the south, Residential-4 on the north, south, and a portion of the property across Hillsborough Street on the east, and Residential-6 on the north). The Gables multi-family development bordering the site on the south and east is zoned Office/Institutional-1 (OI-1). The application complies with the proposed special dimensional standards for setback and height as regulated by Section 3.8.4 (Transitional Control Intensity Modifications).

 

Modifications to the Regulations:  The applicant is requesting that the Council approve two modifications to the regulations: 1) additional impervious surface in the Upland Zone of the Resource Conservation District, and  2) additional land disturbance in the Upland Zone of the Resource Conservation District (Section 3.6.3(f)(1)). 

 

Impervious Surface in the Upland Zone of the Resource Conservation District:

 

Table 3.6.3(f)(1) of the Land Use Management Ordinance specifies a Disturbance Area Ratio for the Upland Zone of the Resource Conservation District of .20. This proposal contains 46,335 square feet of land area inside the Upland Zone. Using the .20 Impervious Surface Ratio, a maximum of 9,267 square feet of impervious surface is allowed. The applicant proposes 23,676 square feet of impervious surface area for driveway improvements. The applicant proposes to remove the existing driveway from the more environmentally critical Managed Use Zone of the Resource Conservation District and relocate further from Mill Race Branch within the Upland Zone of the Resource Conservation District. 

 

 Land Disturbance in the Upland Zone of the Resource Conservation District:

 

Table 3.6.3(f)(1) of the Land Use Management Ordinance specifies a Disturbed Area Ratio of .40 for the Upland Zone of the Resource Conservation District. This proposal contains 46,335 square feet of land area inside the Upland Zone of the Resource Conservation District. Using the .40 Disturbance Area Ratio, a maximum disturbed area of 18,534 square feet of land area is allowed. The applicant proposes 37,955 square feet of land disturbance for improvements to the driveway and sidewalk. The applicant proposes to relocate the driveway further from Mill Race Branch within the Upland Zone of the Resource Conservation District. The application proposes dual egress to Martin Luther King Jr. Blvd. increased sight visibility and a separate sidewalk to improve safety for pedestrians.

 

Council Findings and Public Purpose: The Council has the ability to modify the regulations, according to Section 4.5.6 of the Land Use Management Ordinance.  We believe that the Council could modify the regulations if it makes a finding in this particular case that public purposes are satisfied to an equivalent or greater degree. The Council may deny one or more of the proposed modifications from regulations at its discretion. If the Council chooses to deny a request for modification to regulations, the applicant’s alternative is to comply with regulations.

 

We recommend both modifications of the regulations. We believe the applicant’s request to increase the impervious surface and land disturbance beyond what the Land Use Management Ordinance will allow will improve pedestrian and vehicular safety, improve emergency access, and protect and enhance sensitive environmentally areas within the Resource Conservation District by replacement of impervious surface with earth. We believe that the Council could modify the regulations in this case by making the finding that public purposes would be served, because the pedestrian, vehicular, and emergency improvements are proposed and a sensitive environmental area would be enhanced.

 

Affordable Housing

The Comprehensive Plan includes a goal that residential developments of 5 or more units provide 15 percent of the units at prices affordable to low and moderate income households. The applicant has proposed 52 affordable bedrooms (15% of the 346 units), as 15 percent of the total number of bedrooms with a mix of one and two bedroom units. On February 21, 2008 the applicant met with staff and Orange Community Housing and Land Trust to discuss an affordable housing plan. Town staff and the Land Trust recommend the applicant’s plan to create a mix of one and two bedroom units. We recommend that the affordable units be disbursed evenly throughout the condominium buildings. In addition, we recommend that the applicant implement a transfer fee policy for market rate homes. We believe that the transfer fee will help to ensure the continued affordability for the bedroom units. The Land Trust is working with the applicant to develop the specific terms of a Transfer Fee Fund for this project that would be used to subsidize the affordable units.  The staff and the Land Trust recommend that the applicant enter into a Memorandum of Understanding with the Land Trust, the Town and the applicant to govern the use of such a fund.  We have included a resolution in Resolution A to this affect.

 

Transportation

Traffic Impact:  A Traffic Impact Analysis (TIA) was prepared in March 2007 by the Town Consultant in accordance with the Town’s TIA guidelines.  Traffic flow conditions for existing (2007) and build (2010) conditions were analyzed at several intersections on Martin Luther King Jr. Boulevard and Hillsborough Street. The proposed development would generate approximately 1,586 new trips per day.  A copy of the TIA Executive Summary is attached.

 

With respect to the Columbia and Rosemary Street intersection, the intersection capacity analysis indicates that several approaches would function at Level of Service E or F during at least one peak hour of the day under the 2010 no build and build conditions. Recently, NCDOT revised the traffic signal to provide protected-permissive left-turns on both approaches of Columbia Street and the capacity analysis indicates that the intersection is operating at Level of Service D or better. The revisions to the traffic signal also included mast arm poles at this intersection.

 

Construction Completion Date:  The applicant has requested that the Construction Completion Deadline be extended beyond the four years typical for Town developments. Initially, the applicant requested that the construction completion deadline be seven years from the Council approval date. We determined that this extension to seven years would require the applicant to modify the Traffic Impact Analysis for this site. Changes in the area and traffic impacts are projected to be significant enough to require an updated Traffic Impact Analysis with modified recommendations for mediating the traffic impacts. The applicant is now requesting that the Town’s Traffic Engineer work with him to find a construction completion deadline that is beyond 4 years and yet, would not require a modification to the Traffic Impact Analysis. We anticipate that this figure will be determined prior to the Public Hearing on March 10, 2008 and will be presented at that time.

 

The summary findings of the Traffic Impact Analysis and Town staff recommendations are provided below:

 

Martin Luther King Jr. Blvd.

 

Pedestrian Median-Refuge Island:  We recommend that the applicant design and install a pedestrian median-refuge island on Martin Luther King Jr. Boulevard. We recommend that the pedestrian median-refuge island location and construction be subject to NCDOT and Town Manager approval or that a payment-in-lieu of construction of the pedestrian median-refuge island be provided to the Town prior to issuance of a Zoning Compliance Permit. We recommend that the payment be refunded if the refuge island is not installed within five years from the approval of the Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A. This recommendation is part of the NC 86 Pedestrian and Bicycle Safety Study and was not included in the Traffic Impact Analysis.

 

Sight Distance:  A vertical curve along the site driveway and vegetation in the southeast quadrant of the intersection obstructs a driver’s left-side view when exiting the site. To improve the sight distance at this intersection, we recommend roadway improvements such as re-grading the driveway approach and removing vegetation in the southeast quadrant along Martin Luther King Jr. Boulevard. We have included a stipulation in Resolution A to this effect. This recommendation was included in the Traffic Impact Analysis.

 

Hillsborough Street

 

Left Turn Lane: We recommend that the applicant construct a left-turn lane on Hillsborough Street at the site driveway prior to the first Certificate of Occupancy as long as right-of-way acquisition will not be necessary for the installation. Design and construction details of the turning lane must 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 this stipulation to avoid potential rear-end accidents associated with the steep grade at this location.

 

Traffic Signals

 

Martin Luther King Jr. Blvd. Hillsborough Street, Umstead Drive Intersection: The intersection capacity analysis for this intersection indicated that eastbound left-turning movement and the westbound through movement would function at Level of Service E or F during at least one peak hour of the day under the 2010 no build and build conditions.  The TIA Consultant recommended revising the traffic signal timing plans at this intersection as a mitigation measure to improve the Level of Service.  We have included the following stipulation in Resolution A:

 

Prior to a Zoning Compliance Permit, the applicant shall provide a payment-in-lieu of $5,000 to the Town to review and revise the traffic signal timing plans at the following intersections:

·           Martin Luther King Junior Blvd. and Hillsborough St./Umstead Dr.

·           Martin Luther King Junior Blvd. and Estes Dr.

·           Rosemary St. and Hillsborough St.

·           Rosemary St. and Columbia St.

·           Hillsborough St. and Franklin St.

 

The Payment-In-Lieu will be used to revise the traffic signal timing plans after construction of the development is completed.

 

North Street and Hillsborough Street Intersection:

Due to the unsafe geometric conditions at this intersection, we recommend that prior to the issuance of a Zoning Compliance Permit, the applicant provide a payment-in-lieu of $10,000 to install traffic calming devices (e.g. overhead flashing lights) at the intersection of Hillsborough St. and North St. or similar traffic calming measures as determined by the Town Manager.  We have included this as a stipulation in Resolution A. This sight distance problem was noted in the Traffic Impact Analysis.

 

Access and Circulation

 Martin Luther King Jr. Blvd. Driveway:  The applicant is proposing to widen and realign the Martin Luther King Jr. Blvd. driveway in order to provide better sight distance visibility and provide dual driveway egress-ingress from Martin Luther King Jr. Blvd. 

Bus Stops: Existing bus stops in the vicinity of the site include three on Martin Luther King Jr. Blvd., and two on Hillsborough Street. The applicant proposes to improve a bus stop on the east side of Martin Luther King Jr. Blvd. north of the driveway entrance, with Real Time signage with a solar generated (solar orientation permitting) passenger information system and lighting, shelter, and a bench.

 

The applicant proposes to improve the west Hillsborough Street bus stop with Real Time signage and a shelter to be located within the Hillsborough Street right-of-way dedication. If solar orientation permits, we recommend the bus shelter be improved with a solar generated passenger information system. We recommend installation of a bus pull-off at the site entrance on Hillsborough Street prior to issuance of the first Certificate of Occupancy, as long as right-of-way acquisition from adjacent property owners will not be necessary for the installation. Design and construction of a bus pull-off shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

We have included a stipulation in Resolution A for bus improvements to the Hillsborough Street and northern Martin Luther King Jr. Blvd. bus stop on the east side of the street.

 

Hillsborough Street Right-of-way Dedication: We recommend that the applicant dedicate right-of-way on Hillsborough Street to one foot behind the sidewalk. The right-of-way dedication plat must be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

Internal Driveway Design Changes:  The existing driveway is proposed to be widened to include a divided entrance for an ingress lane and two egress lanes onto Martin Luther King Jr. Blvd.

 

The applicant is proposing to relocate the western portion of the internal, paved driveway outside of the Managed Use Zone of the Resource Conservation District by extending the driveway “throat.” The driveway design eliminates unnecessary pavement within the Resource Conservation District. The driveway is proposed to be largely in the Upland Zone of the Resource Conservation District and further from Mill Race Branch.

 

Retaining walls are proposed in several locations along the internal driveway loop to accommodate grade changes. We have included a stipulation in Resolution A that no portion of the retaining walls be located inside the setbacks of the property perimeter. Retaining walls are also proposed with driveway improvements across the Resource Conservation District. We recommend that the design minimize grading and land disturbance within the Resource Conservation District. We recommend that the final design and location of the retaining walls be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation in Resolution A to this effect.

Curb and gutter are proposed on both sides of the Martin Luther King Jr. Blvd. driveway. Specialty paving is proposed at the driveway intersections. We have included a stipulation in Resolution A that construction of the curb and gutter and driveway be constructed to Town standard.

 

Vehicle access is also proposed from Hillsborough Street. Internal vehicular circulation includes two-way traffic with some on-street parking. An internal road encircles the perimeter of the site. A northern portion of the internal road is for fire access and site traffic is one-way with no on-street parking. Access to below grade parking decks (under Buildings 1, 2, 3, and 4) is accessed from the internal road.

 

Bicycle/Pedestrian Access:  The applicant states that the proposed driveway across the Resource Conservation District will be designed to allow for bicycle access within the vehicle travel lane. Once across the Resource Conservation District, the driveway divides and bicycle access to Hillsborough Street is proposed within the driveway, parking lots, and the internal pedestrian/bicycle path.

 

Pedestrian Circulation:  Pedestrian access from Martin Luther King Jr. Blvd. to Hillsborough Street is proposed with a network of sidewalks and cross walks. A sidewalk is proposed across the Resource Conservation District to connect on the south with a sidewalk along the inside of the driveway into the site. All buildings are connected to parking lots and streets with sidewalks.

A continuation of the existing Hillsborough Street sidewalk is to be constructed within the proposed Hillsborough Street right-of-way dedication. The proposed 5-foot concrete sidewalk includes ADA ramps at the driveway intersections.

 

Vehicular Parking:  The number of required vehicular parking spaces for the proposed multi-family development is a minimum of 467 and a maximum of 586. The applicant is proposing 580 vehicular parking spaces, with 390 being provided in below-ground parking garages, 63 in town house unit garages, and 127 on surface lots and along the driveway (approximately 1.67 parking spaces per unit).  Roughly 80% of the parking is proposed underneath the buildings or inside garages. Buildings 1, 2, 3, and 4 have parking under the buildings. Entrances to the underground parking are under each building. A total of 16 handicapped parking spaces are provided. We have included a stipulation in Resolution A to allow a maximum of 580 vehicular parking spaces.

 

Bicycle Parking: The Land Use Management Ordinance requires that this proposed development provide a total of 58 bicycle parking spaces: 52 Class I and 6 Class II. The applicant is proposing 110 parking spaces for bicycles: 60 in under-building parking lots, 40 spaces in the town house unit garages, and 10 surface spaces.  We have included a stipulation in Resolution A requiring the applicant to provide a minimum of 110 bicycle parking spaces and comply with the Class I and Class II bicycle parking standards in the Design Manual.

 

Cross-Access:  Currently pedestrian cross-access to an adjacent property, Central Park Condominiums, is via a concrete sidewalk from a driveway to the southern property line. Residents from Town House Apartments and the immediate neighborhood walk across the Central Park Condominium property to access stairs to Cobb Terrace. Residents also walk within an OWASA easement to access E. Rosemary Street and downtown. Residents from Cobb Terrace and Hillsborough Street have complained of trespassing and vandalism, caused by individuals using these informal paths (see attached map).

 

The owner of Central Park Condominiums also voiced concern that denser development could increase trespassing and vandalism and recommended replacing the existing chain link fence with a brick wall to prohibit passage.

 

The applicant is proposing to remove the existing concrete sidewalk to the southern property line sidewalk. The applicant proposes to provide a greenway easement over the entire Resource Conservation District for future pedestrian circulation to properties north and south of the site.

 

We support this greenway easement for future pedestrian access to properties to the north and south. We have included a stipulation in Resolution A for an easement over the Resource Conservation District for location of a future greenway connection.

 

No vehicular cross-access currently exists on the site. The applicant is not proposing any connections to adjacent properties. The applicant states that discussions with neighbors on the south and east have indicated that they do not want connection. Along the northern property is a single-family house and steeply sloping Resource Conservation District. We do not believe that the northern property line is a suitable location for vehicular connection.

 

We recommend that the applicant locate a future vehicular easement to the southern property line for future redevelopment of the southern property. A stipulation for a cross access easement to the southern property to accommodate a future, potential connection is included Resolution A.

 

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 Martin Luther King, Jr. Blvd. to accommodate the transit service. The final recommended Plan is expected to be released in March, 2008. The attached Resolution A does not recommend the dedication of additional right-of-way.

 

Landscaping and Architecture

Landscape Buffers: The R-HD 3 zoning district requires landscape bufferyards on interior property lines only. Landscape buffers, beyond parking lot screening requirements, are not required along Hillsborough Street or Martin Luther King Jr. Blvd. Interior buffers are required on the east and west sides of the property.  The following table indicates buffers:

 

Location

Required Buffers

Proposed Buffer

Martin Luther King Jr. Blvd. & Hillsborough Street

None

None

All other Property Lines

Type “B” / 10’ wide

Type “B” 10’ wide

 

The applicant is proposing 10 foot Type “B” buffers around the internal perimeter of the site.   We have included the required bufferyards as a stipulation in Resolution A.

 

Landscape Screening and Shading: In addition to buffer requirements, we note that the applicant’s proposal must meet ordinance landscaping standards from the following sections of the Land Use Management Ordinance:

 

 

We have included stipulations requiring compliance with these requirements in Resolution A.

 

Rare Oak Trees:  We recommend preservation of three Rare Oak trees (trees with a trunk width of 24 inches or more): 50-inch, 40-inch, and 30-inch diameter at breast height (DBH) oak trees located between Building 4 and the parking lot. We recommend that these trees be protected with temporary chain link tree protection fencing during construction phase around their critical root zone. We have included preservation of the oak trees as a stipulation in Resolution A.

 

Fence along the South Property Line:  Comments were presented to the Planning Board indicating that trespassing and vandalism are a problem for neighbors south of the development and along Hillsborough Street. The applicant expressed a willingness to share construction of a fence along the south property line with the property owner of Central Park Condominiums however, we do not recommend that the applicant construct a fence along the south property line.

 

Landscape Protection and Planting Plan:  We recommend that tree protection fencing be shown along the entire limits of disturbance associated with improvements on Hillsborough Street and Martin Luther King Jr. Blvd. When determined necessary by the Town Manager, we recommend that chain linked fence be provided in place of the standard plastic tree protection fence. We recommend that detailed landscape planting and maintenance plans be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit as a stipulation in Resolution A.

 

Invasive Exotic Plant Management:  The Resource Conservation District is choked with kudzu growth and other invasive plants that contribute to the degradation of the Mill Race Branch stream corridor. The applicant is working with the North Carolina Botanical Garden on management strategies for stream restoration and elimination of the invasive plant.

 

We recommend that the applicant provide information on how the applicant intends to manage and control kudzu growth and that the Town Manager review and approve the management strategy prior to issuance of a Zoning Compliance Permit.

 

Building Elevation and, Lighting Plans:  We recommend that detailed building elevations and a lighting plan be approved by the Community Design Commission, prior to the issuance of a Zoning Compliance Permit. We have included a stipulation for Community Design Commission approval for: 1) building elevations, including the location and screening of all HVAC/Air Handling Units and 2) a lighting plan to ensure that the proposed lighting plan will minimize 1) upward light pollution and 2) offsite spillage of light. We have included a stipulation to this effect in Resolution A.

 

Recreation

Recreation Space:  The Land Use Management Ordinance requires and the applicant is proposing to provide 28,845 square feet of recreation space, including a clubhouse, fitness center, pool and deck, bocce courts, and activity paths. We recommend the recreation space associated with the pool, clubhouse, bocce court, and fitness center. We do not recommend the plaza or the pedestrian activity paths be counted as active recreation space. We believe that though the plaza is a site amenity, it does not serve as active recreation space.

 

We recommend that the applicant either provide the full amount of active recreation space with details of the proposed recreation facilities for review and approval by the Town Manager, or that the applicant provide a payment-in-lieu of providing the remaining required recreation space. The payment amount would be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.  We have included a stipulation in Resolution A to this effect.

 

Greenway Easement:  The applicant is proposing a greenway easement between the north and south property lines within the Resource Conservation District for future development of a connection to the Bolin Creek Greenway. We have included a stipulation in Resolution A for recordation of a greenway easement within the Resource Conservation District. Final easement documents must be approved by the Town Manager prior to issuance of the Zoning Compliance Permit.

 

Environmental

Energy Management Plan: On April 23, 2007, the Council adopted a resolution (attached) 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-4 (R-4) and Residential-6 (R-6) to Residential-Higher Density 3-Conditional (R-HD 3-C).   

 

We continue to discuss the Energy Management Plan with the applicant and anticipate providing our final recommendation at the post hearing meeting. We have included our standard Energy Management Plan stipulation in Resolution A.

 

Watershed Protection District: The proposed development is located outside of the Watershed Protection District.

 

Resource Conservation District: The site has 142,962 square feet (3.2 acres) of Resource Conservation District associated with Mill Race Branch. The Resource Conservation District on the property accounts for approximately 25% of the overall land area.

 

The following chart shows the land disturbance allowed in each of the zones of the Resource Conservation District:

 

RCD

Zones

Total Area

(Sq Ft)

Disturbance Area

Ratio

Allowed

Disturbance (Sq Ft)

 

Existing

Disturbance (Sq Ft)

 

Proposed Disturbance (Sq Ft)

Streamside

48,250

0.20

9,650

15,263

9,270

Managed Use

48,377  

0.40

19,351

34,541

10,161

Upland

46,335

0.40

18,534

48,525

37,955

Total

142,962

 

47,535

98,329

57,386

 

Currently the Martin Luther King Jr. Blvd. driveway crosses the Resource Conservation District.  Land disturbance in the Resource Conservation District is proposed in order to add a sidewalk to the driveway across the Resource Conservation District, to construct retaining walls for grade changes with the driveway improvements, to widen the driveway entrance for improved sight distance, to construct temporary erosion and sedimentation ponds for the driveway construction, and to install stormwater infrastructure, including a level spreader.

 

The applicant is asking for a modification to the regulations for an increase of 37,035 square feet of land disturbance above what is permitted in the Resource conservation District.  We recommend approval of this increase of land disturbance in the Upland Zone of the Resource Conservation District. Please refer to the discussion under Modifications to the Regulations for further discussion.

 

We have included a stipulation in Resolution A for a maximum of 57,386 square feet of land disturbance within the Resource Conservation District. We also recommend that, except for stormwater facilities, driveway construction, temporary erosion control facilities, and clearing and grading associated with the facilities, disturbance not encroach into the Resource Conservation District corridor and that land disturbance within the Resource Conservation District be kept to a minimum.

 

Resource Conservation District Impervious Surface: The following chart shows the impervious surface allowed and proposed in each of the zones of the Resource Conservation District:

 

RCD Impervious Summary:

RCD

Zones

Total Area

(Sq Ft)

Impervious Surface Ratio

Allowed

Impervious

Surface (Sq Ft)

 

Existing

Impervious Surface

(Sq Ft)

 

Proposed Impervious Surface (Sq Ft)

Streamside

48,250

0.10

4,825

4,305

3,528

Managed Use

48,377  

0.20

9,675

8,843

3,539

Upland

46,335

0.20

9,267

12,401

23,676

Total

142,962

 

23,767

25,549

30,743

Per Table 3.6.6-3: Dimensional Regulations in RCD

 

The applicant is proposing a modification to the regulations for the increase in impervious surface in the Upland Zone of the Resource Conservation District. We recommend approval of this modification. Relocation of the driveway from the Managed Use Zone to the Upland Zone moves the impervious surface further from Mill Race Branch. Additionally, the proposed driveway curb and gutter will catch stormwater and roadway pollutants from entering the Resource Conservation District.  Please refer to the discussion under Modifications to the Regulations for further discussion.

 

We have included a stipulation in Resolution A for a maximum of 30,743 square feet of impervious surface within the Resource Conservation District. We also recommend that, except for driveway construction facilities, disturbance not encroach into the Resource Conservation District corridor and that impervious surface within the Resource Conservation District be kept to a minimum.

Overall Impervious Surface:  Existing built-upon, impervious area, on the site covers 236,032 square feet of the site or 41.9%. In calculating permitted impervious surface area, the Land Use Management Ordinance excludes existing built-upon area, existing prior to July 27, 2003. A total of 50% of the existing uncovered area (or 163,657 square feet) may be used for new impervious surface. The applicant is proposing 95,866 square feet of new impervious surface on the uncovered areas for this application. A total of new and existing impervious surface proposed is 331,898 square feet. The Land Use Management Ordinance allows a total of 399,689 square feet to be constructed on this site. The application complies with Table 3.8-1: Dimensional Matrix of the Land Use Management Ordinance regulations for impervious surface area limits. We have included this provision as a stipulation in Resolution A.

 

Steep Slope:  The site contains 60,146 square feet of land area within slopes greater than 25%. Slopes in excess of 25% exist within the Resource Conservation District and along portions of the northern property line. Proposed driveway and stormwater improvements are proposed within the steep slopes of the Resource Conservation District and portions of the northern driveway, including a retaining wall. We have included a stipulation in Resolution A that the applicant must demonstrate compliance with Section 5.3.2 Steep Slopes of the Land Use Management Ordinance.

 

Stormwater Management:  The application indicates that 64 percent of the site would include built-upon area. An underground detention storage area is proposed under the surface parking lot for Building 2. A level spreader is proposed within the Resource Conservation District within the Streamside Zone. We have included our standard stipulations in Resolution A.

 

Water quality is proposed with a “VortSentry.” This device is proposed to be installed on the stormwater drainage pipe system to remove 85% TSS from the impervious surfaces proposed with the application. 

 

The site contains a 60 foot wide area of federally-regulated floodplain adjacent to Mill Race Branch. The applicant is proposing a rip rap stormwater outfall and level spreader within the floodplain. In order to locate the outfall close to the stream we recommend careful attention to the design of the dissipater at the outfall. We have included this as a stipulation in Resolution A.

 

Utilities and Services

Refuse Management and Recycling:  A refuse and recycling site is proposed behind town house unit #6 to include a 15-cubic yard compactor and a cardboard dumpster and nine recycling bins. For Buildings, 1, 2, 3, and 4, the applicant proposes a 34-cubic yard trash compactor. Buildings 1, 2, 3, and 4 are proposed to have trash chutes and trash rooms for recycling. Three cardboard dumpsters are proposed north of Building 2.

 

We recommend that the applicant specify the intended path of service to/from the recycling carts behind Building 3 in order to determine how the carts will be transported to the collection vehicles in the parking lot. We recommend that the handicap service door and ramp be utilized for cart access in order to provide access to the recycling collector by residents and allow for additional carts behind the dumpster in the future. We have included this as a stipulation in Resolution A.

 

Utilities: Water lines exist within the Martin Luther King Jr. Blvd. and Hillsborough Street rights-of-way. A 30-foot OWASA easement from Hillsborough Street extends through the site and connects to the water line in Martin Luther King Jr. Blvd. A 30 foot OWASA sewer line easement is located within the Resource Conservation District. A new connection from this line is proposed to serve Buildings 1 and 2. An existing sewer line within Hillsborough Street is proposed to have two connections to serve Buildings 3, 4, 5, 6, and 7. We have included a stipulation in Resolution A for an OWASA easement to be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

A 15-foot Duke Energy easement exists across a portion of the Hillsborough Street frontage. With the proposed Hillsborough Street widening, the new sidewalk along Hillsborough Street will be located within the Duke Energy easement. We recommend that all utility lines, other than 3-phase electric power distribution lines, be placed underground and be indicated on final plans. We have included a stipulation to this effect in Resolution A.

 

Water Meters:  At the Community Design Commission meeting it was recommended that a stipulation be included in Resolution A that individual water meters be installed for each dwelling unit.  OWASA does not recommend individual water meters for each dwelling unit. OWASA notes that special plumbing needs make the system infeasible. Alternatively, OWASA recommends a sub-metering system that allows individual dwelling unit responsibility for paying water bills separately. We continue to work with OWASA regarding sub-metering. We have included our standard stipulation which requires OWASA approval of the proposal. Resolution A also includes a stipulation regarding sub-metering.

 

Fire Access Path:  The applicant proposes two adjacent 8-foot wide off-street bicycle/pedestrian paths within open areas between buildings. These two concrete paths are separated by four feet and form a 20-foot fire access lane.  The fire access lane connects the surface parking lot for Building 1 on the southwest to the T-intersection of the entrance driveway from Hillsborough Street. Break-away bollards and roll curbs are proposed to prohibit vehicular traffic and allow fire truck access. We have included a stipulation in Resolution A for breakaway bollards and rolled curb to be used at the entrances to the fire access path.

 

Fire:  We recommend that the ingress/egress entrance from Martin Luther King Jr. Blvd. and Hillsborough Street be 20 feet wide to accommodate fire truck access. We have included a stipulation in Resolution A for a minimum of 20-feet width for all driveway entrances into the site.

 

The floor area of the proposed buildings requires installation of automatic sprinkler systems. We have included a stipulation to this effect in Resolution A.

 

We recommend that the fire hydrant that serves Building 5 be moved to the building side of the driveway and that an additional fire hydrant be added to the west side of Building 2. It is Town Policy that all structures must be located within 500 feet of a fire hydrant.  The Town also seeks to maintain a 50-foot maximum distance between fire hydrants and fire department connections located in a clearly visible and accessible location on the street side of buildings. We have included stipulations to this effect in Resolution A.

 

Miscellaneous

Construction Management Plan:  The applicant has requested an extension to the standard construction completion date from four to seven years. The Town’s Traffic Engineer has indicated that a 7-year construction completion deadline will require the applicant to update the Traffic Impact Analysis for a 2015 build-out. The applicant is working with the Town’s Traffic Engineer to update the Traffic Impact Analysis.

 

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. We have included a stipulation to this effect in Resolution A.

 

Recombination Plats: We recommend that a recorded recombination plat be provided prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

 

Schools Adequate Public Facilities Ordinance:  The proposed development is subject to the provisions of the Schools Adequate Public Facilities Ordinance. We have included a stipulation to this effect in Resolution A.

 

Open Burning:  We have included a stipulation in Resolution A that prohibits open burning.

 

Erosion Control: We recommend that an Erosion Control Plan for the site be approved by the Orange County Erosion Control Officer, and be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

 

Comprehensive Plan: The Comprehensive Plan map identifies this site as both Medium Residential 4-8 units per acre and High Residential greater than 8 units per acre. We believe the proposed Special Use Permit achieves the purposes of the Comprehensive Plan particularly as it relates to redevelopment of properties in a manner that encourages a balanced transportation system, promotes a healthy downtown, and protects the natural environment.

 

SPECIAL USE PERMIT FINDINGS

 

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:

 

(a)    That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

 

(b)   That the use or development complies with all required regulations and standards of this Chapter, including all applicable provisions of the Land Use Management Ordinance;

 

(c)    That the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity; and

 

(d)   That the use or development conforms with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.

 

Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made, with the modification of regulations, text amendments, and rezoning noted previously.

 

CONCLUSION

The proposed Special Use Permit with conditions in 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, if the accompanying text amendments and rezoning applications are 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 Application

 

RESIDENCES AT GROVE PARK DEVELOPMENT

STAFF EVALUATION

 

COMPLIANCE

NONCOMPLIANCE

Uses Permitted

Ö (With R-HD 3 Zoning Atlas Amendment)

 

Minimum Gross Land Area

NA (With R-HD 3 Zoning Atlas Amendment)

 

Minimum Lot Width

NA  (With R-HD 3 Zoning Atlas Amendment)

 

Maximum Floor Area

Ö (With R-HD 3 Zoning Atlas Amendment)

 

Minimum Recreation Space

Ö (With R-HD 3 Zoning Atlas Amendment)

 

Impervious Surface Limits

Requires Modifications to the Regulations

 

Land Disturbance in RCD

Requires Modifications to the Regulations

 

Minimum # Vehicular Parking Spaces

Ö

 

Minimum # Bicycle Parking Spaces

Ö

 

Minimum # Loading Spaces

N/A

 

Maximum # Dwelling Units

NA (With R-HD 3 Zoning Atlas Amendment)

 

Minimum Street Setback

Ö (With R-HD 3 Zoning Atlas Amendment)

 

Minimum Interior Setback

Ö(With R-HD 3 Zoning Atlas Amendment)

 

Minimum Solar Setback

Ö(With R-HD 3 Zoning Atlas Amendment)

 

Maximum Height Limit

Ö (With R-HD 3 Zoning Atlas Amendment)

 

Minimum Landscape Bufferyards

Ö(With R-HD 3 Zoning Atlas Amendment)

 

Steep Slopes

Ö (with conditions)

 

Parking Lot Screening

Ö (with conditions)

 

Public Water and Sewer

Ö

 

Adequate Public Schools Facilities

Ö (with conditions)

 

 

N/A = Not Applicable                                                                          Prepared: February 15, 2008