ATTACHMENT 3

TOWN OF CHAPEL HILL

STAFF REPORT

SUBJECT:	Public Hearing: Residences at Grove Park Multi-Family Development – Special Use Permit Application (File No. 9788-39-4841)
DATE:	April 21, 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 includes 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

1) 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

76,042

90’ Max

138,269

105

90’ Max

147

126,384

90’ Max

135

58,242

64’-3”

28,377

46’-6”

N/A

43,139

46’-6”

N/A

22,181

46’-6”

N/A

Total

492,634

346

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 alternatives are 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 improve sensitive environmental areas within the Resource Conservation District. 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 improved.

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 as 15 percent of the total number of bedrooms mixed throughout the development. The applicant is proposing to implement a transfer fee policy for market rate homes and enter into a Memorandum of Understanding with the Land Trust and the Town to govern the use of such a fund. The Affordable Housing Plan shall be reviewed and approved by the Town Manager prior to issuance of Zoning Compliance Permit. We have included our standard stipulation regarding affordable housing in Resolution A.

We note that the proposed redevelopment of this site will involve demotion of the existing apartment complex, removing the availability of 111 rental housing units.

Transportation

Traffic Impact: The applicant has requested an extension to the construction start date from two to three years and completion date from four to seven years. Our standard recommendation to the Advisory Boards included a stipulation that construction begin within two years from Council approval and be completed within four years of Council approval. The Town’s Traffic Engineer has indicated that a 7-year construction completion deadline, as requested by the applicant, will require the applicant to update the Traffic Impact Analysis.

The Town Consultant updated the Traffic Impact Analysis in March to include the applicant’s new construction schedule. The Traffic Impact Analysis was revised to include the two construction phases, 2013 build year for Phase I and 2016 for Phase II as proposed by the applicant. We will provide the updated executive summary of the Traffic Impact Analysis information at the April 21, 2008 Public Hearing.

With respect to the Columbia Street and Rosemary Street intersection, the intersection capacity analysis indicated that several approaches would function at Level of Service E or F during at least one peak hour of the day under both 2013 and 2016 build and no 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 of the traffic signal also included Master Arm poles at this intersection.

With respect to Martin Luther King Jr. Blvd. and Hillsborough Street, the intersection capacity analysis indicated that the eastbound left-turning movement and the westbound through movement would function either at Level of Service E or F during the peak hours under both 2013 and 2016 no build and build and conditions with and without site traffic. We are currently working with NCDOT to review this finding and we expect to review the signal phasing and geometric conditions to improve the operations at this intersection.

The summary findings of the TIA 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 obstruct drivers’ left-side view. To improve the sight distance at this intersection, roadway improvements such as re-grading of the driveway approach and removal of vegetation in the southeast quadrant along Martin Luther King Jr. Boulevard is recommended. 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. This stipulation is recommended in order 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, 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. 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 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 or landscape buffers of the property perimeter. If retaining walls are constructed within the southern landscape buffer adjacent to Central Park Condominiums, the Community Design Commission must review and approve an Alternative Buffer for this location. 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 approve 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 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: Internal pedestrian access between Martin Luther King Jr. Blvd. and Hillsborough Street is proposed with a network of sidewalks and cross walks. All buildings are connected to parking lots and streets with sidewalk.

At the Planning Board and Community Design Commission meetings pedestrian circulation patterns between the site and properties to the south were discussed. It was recommended that the applicant construct a 6-foot fence along their southern property line in response to the adjacent neighbor on the south (Central Park Condominiums) in order to prevent trespassing and vandalism from Townhouse Apartments residents and properties north of the development. The Planning Board recommended that the Homeowners’ Association assume responsibility in perpetuity for fence maintenance. We understand that an existing chain link fence on the adjacent property has been damaged and replaced several times.

We do not recommend a stipulation requiring this developer to construct a fence along their southern property line. We do not believe that a fence is the best long-term solution to trespassing and vandalism. Although vehicular and pedestrian connectivity is encouraged with new development, the adjacent neighbor does not want pedestrian traffic that is not from his development. We believe that the best solution is both a pedestrian easement through the Resource Conservation District and a longer term goal of working with neighbors to identify a location(s) for pedestrian connections to downtown and campus. We have not included a stipulation in Resolution A requiring a fence. For additional information on cross-access between this site and the adjacent properties pleaser refer to the discussion section under cross-access.

Sidewalk constructed on east side of roadway in front of Buildings 1 and 2: At the Bicycle and Pedestrian Advisory Board meeting, it was recommended that a stipulation be included in Resolution A requiring that sidewalks be provided on the east side of the roadway in front of Buildings 1 and 2 and along one side of the pavement leading into the parking garage located between Buildings 1 and 2. The Board believed that this would provide for better pedestrian circulation within the site.

The east side of the roadway in front of Buildings 1 and 2 is in the Upland Zone of the Resource Conservation District. In order to minimize the amount of land disturbance and impervious surface within the Resource Conservation District, sidewalk construction is restricted. An additional sidewalk in front of Building 1 would add approximately 600 square feet of impervious surface and twice that amount of land disturbance inside the Resource Conservation District. An additional sidewalk in front of Building 2 would add approximately 1,400 square feet of impervious surface and twice that amount of land disturbance inside the Resource Conservation District. We do not believe that the additional land disturbance and impervious surfaces inside the Resource Conservation District for additional sidewalks are merited. Resolution A does not include a stipulation for sidewalks as recommended by the Bicycle and Pedestrian Advisory Board.

Hillsborough Street sidewalk: 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.

The Planning Board and Transportation Board, recommended reducing the number of parking spaces. Their reasons included the fact that the development is within easy walking distance to downtown and campus and is proposed as a transit-oriented development. The Planning Board recommended a maximum of 520 parking spaces and the Transportation Board recommended 524 maximum parking spaces.

The applicant’s parking number proposal is within the maximum and minimum limits of the Land Use Management Ordinance. We have not revised the stipulation in Resolution A for the number of 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.

At the Transportation Board meeting, the Board recommended that the applicant increase the bicycle parking numbers from 110 to 173 spaces. They determined that one space per six dwelling units is currently proposed. The Board is interested in changing the bicycle parking minimum requirements to one space per two dwelling units for multi-family developments. The Board encouraged alternative modes of transportation as well as decreasing potential vehicular trips to and from the development. We have not revised our recommendation in Resolution A.

Pedestrian Cross-Access: Currently pedestrian cross-access to an adjacent property is via a concrete sidewalk from a driveway to the southern property line. The applicant is proposing to remove this sidewalk.

The Staff has recommended that a pedestrian connection be provided to the properties adjacent to the north and south. At the Community Design Commission and Planning Board meetings, an adjoining property owner (Central Park Condominiums) and neighbors along Hillsborough Street voiced concerns that these proposed pedestrian connections to the south could increase trespassing and vandalism and that a chain link fence on their northern property line has been damaged several times.

Currently, 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. At the Planning Board meeting, residents from Cobb Terrace and Hillsborough Street complained of trespassing and vandalism, caused by individuals using these informal paths. Attached to this memorandum is an aerial photo identifying these informal pedestrian paths.

The owner of Central Park Condominiums also voiced concern that denser development could increase trespassing and vandalism and recommended that the applicant construct a brick wall along their southern property line to prohibit passage.

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 support this greenway easement for future pedestrian access to properties to the north and south and 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.

We anticipate that a report concerning pedestrian access in this neighborhood will be presented to the Council at some future date. We are discussing with the Town’s Parks and Recreation Department staff possible future locations for pedestrian access between this site and Cobb Terrace/Rosemary Street.

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 a 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 in Resolution A.

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:

Section 5.9.6(a): 5-foot wide planting strip around the building – Buildings 1 and 4 are adjacent to surface parking lots. A 5-foot wide planting strip is required between the buildings and parking lot for these two buildings.
Section 5.9.6(d): parking lot shading requirements

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

Rare Oak Trees: We recommend preservation of three Rare Oak trees: 50-inch, 40-inch, and 30-inch 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.

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.

Kudzu Management: The Resource Conservation District is covered 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 invasive kudzu.

We have concerns that kudzu eradication methods could be detrimental to the water quality of Mill Race Branch and downstream drainage areas if not properly managed. 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 lighting plans 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 that the applicant provide 28,167 square feet of recreation space. The applicant is proposing a clubhouse, fitness center, pool and deck, bocce courts, and activity paths. We consider the pool, clubhouse, bocce court, and fitness center to be appropriate recreation space. We do not consider the plaza or the pedestrian activity paths active recreation space.

We recommend that the applicant provide appropriate recreation space for review and approval by the Town Manager, or a payment-in-lieu for 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.

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. 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	75,000

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 27,465 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 75,000 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	32,280

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 32,280 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. The total of new and existing impervious surface proposed is 365,087 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.

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 utilize 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 right-of-way. A 30-foot OWASA easement from Hillsborough Street extends through the site and connects to the water line in the 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 on Individual Dwelling Units: The Community Design Commission meeting recommended that a stipulation be included in Resolution A requiring that each dwelling unit have its own water meter to monitor water usage. OWASA does not recommend individual water meters for each dwelling unit. OWASA noted that special plumbing needs make the system infeasible. Alternatively, OWASA recommended a sub-metering system that allows individual dwelling unit responsibility for paying their water bill separately and thus provides some incentive for a user/customer to conserve. We have included our standard stipulation which requires OWASA approval of the proposal. Resolution A also includes a stipulation requiring a sub-metering system.

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. 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 amount of 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: We recommend that a Construction Management Plan, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We further recommend that the construction management plan designate Martin Luther King Jr. Blvd. as the principal construction access and prohibit Hillsborough Street from construction traffic except during work within the Hillsborough Street and Martin Luther King Jr. Blvd. rights-of-way and improvements to the Martin Luther King Jr. Blvd. driveway. We have included a stipulation to this effect in Resolution A.

Traffic and Pedestrian Control Plan: We recommend that the applicant provide a Work Zone Traffic Control Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction. 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]