ATTACHMENT 1
SUBJECT: Public Hearing: UNC Innovation Center, 110 Municipal Drive - Special Use Permit Application (File No. 9779-88-6375)
DATE: September 17, 2008
A request has been submitted by the University of North Carolina to the Town for approval of a Special Use Permit for an 80,745 square foot 3-story office building and 214 parking spaces on an 8-acre portion of University of North Carolina at Chapel Hill Carolina North campus. Vehicular access is proposed from the west side of Martin Luther King Jr. Boulevard, north of Estes Drive, across from Piney Mountain Road. The site is in the Office/Institutional-2 (OI-2) zoning district and is identified as PIN #9779-88-6375.
In August, 2007 the applicant submitted a Concept Plan proposal for the Special Use Permit. Comments from the Community Design Commission review (September 19, 2007) and the Council’s review (January 3, 2008) are attached.
Location: The 8-acre site is located on the west side of Martin Luther King Jr. Boulevard, north of Estes Drive, across from Piney Mountain Road. Surrounding property is university-owned land in the Office/Institutional-2 (OI-2) and Office/Institutional-3 (OI-3) zoning districts. Across Martin Luther King Jr. Boulevard is residential property in the Residential-1 (R-1) and Residential-5 (R-5) zoning districts.
Existing Structures, Facilities, and Manmade Features: The site is part of the 400-acre university-owned Horace Williams property. For many years, this part of the site was leased to the Town for its Municipal Operations Facility. The subject area is currently paved with asphalt and gravel. The southernmost boundary of the site is approximately 400 feet from the closest runway of the Horace Williams Airport.
Pedestrian Circulation: There is currently continuous sidewalk along the east side of Martin Luther King Jr. Boulevard from Umstead Road/Hillsborough Street north to the Timber Hollow Apartments. There is no sidewalk along the west side of this segment of Martin Luther King Jr. Boulevard.
Bus Stops, Routes: There are bus stops for Town of Chapel Hill transit service on the west side of Martin Luther King Jr. Boulevard just to the south and just to the north of this site. The closest bus stop is just to the south.
Topography, Drainage, Vegetative Cover: The site slopes from a high point in the northwest corner downward to the southeast at an average of about 1-2%. Most of the site is currently gravel or asphalt paving.
The site is located outside the Town’s Watershed Protection District and includes no Resource Conservation District.
Town staff has reviewed this application for compliance with the standards of the Land Use Management Ordinance and the Design Manual and offers the following evaluation.
The Special Use Permit application entails construction of an 80,745 square foot 3-story university building and associated parking lot for 214 cars. The building would include solar collectors on the rooftop, and 1,200 square feet of ground floor accessory retail use on the north and east sides of the building, which will open onto an exterior terrace for social gatherings. The applicant is proposing stormwater management areas near the building and in the parking lot to manage stormwater from the new development.
Concept Plan/Special Use Permit Application Comparison
The plans are similar to the 2007 Concept Plans reviewed by the Community Design Commission and the Town Council, except that the parking lot layout has changed, resulting in increased distance between the easternmost parking and Martin Luther King Jr. Boulevard.
Ordinance Requirements
Zoning: The site is zoned Office/Institutional-2 (OI-2). The applicant has applied for a Special Use Permit approval for a university building, which is a permitted use in this zoning district. Adjacent property is in the Office/Institutional-2 (OI-2) and Office/Institutional-3 (OI-3) zoning districts.
The applicant proposes 80,745 square feet of floor area, which is under the maximum allowed for this size property encumbered by the proposed Special Use Permit boundary in this zoning district. Please see the section below.
Dimensional Standards: Because the application is subject to transitional controls intensity standards, the street setbacks must be 22 feet or more, and the primary height limit at the street setback is 35 feet. The application meets the dimensional standards outlined in the Dimensional Matrix (Table 3.8-1) of the Land Use Management Ordinance for the Office/Institutional-2 (OI-2) zoning district, with these transitional controls applied.
For this development, the floor area limit would be restricted to be no more than 80,764 square feet.
Access and Circulation
Traffic Impact: The applicant’s Traffic Impact Analysis projects 1,177 additional vehicle trips on adjacent roadways, with a.m. peak hour trips of 164 and p.m. peak hour trips of 174. We recommend a number of improvements on adjacent roadways based on the Traffic Impact Analysis. They are listed in the following sections on access and specific roads.
Vehicular Access: Vehicular access is proposed via a new access drive off Martin Luther King Jr. Boulevard at the signalized intersection with Piney Mountain Road.
Access Drive (Piney Mountain Road Extension): The applicant proposes the new access drive as a private drive to serve the Innovation Center. We note that this drive may serve as a main entrance into Carolina North as it is developed. As such, it may, in the future, be desirable for this roadway to be a public street maintained by either the Town of Chapel Hill or NCDOT. We recommend inclusion of NCDOT in the review and approval of the street design, in case the road is to be dedicated to NCDOT in the future.
The applicant proposes to construct this drive to a standard to accommodate future bus access and transit, with streetlighting. The new entry drive would begin at the Martin Luther King Jr. Boulevard frontage as four lanes, then taper down to two. No on-street parking is proposed. The Town and University are developing a preliminary pavement marking plan for this project.
We have included a stipulation in Resolution A which includes the above features.
Martin Luther King Jr. Boulevard: The intersection serving the new access drive is currently signalized. We recommend that this signal be improved to include pedestrian/bicyclist activation of the signal In addition, we recommend that the developer provide a $7,000 payment for traffic signal timing adjustments for traffic signals along the section of Martin Luther King Jr. Boulevard between Estes Drive and Piney Mountain Road.
For the boulevard intersections with Piney Mountain Road and with Estes Drive, the applicant has agreed to provide pedestrian amenities on all approaches of the intersection, including street imprint for all crosswalks, countdown heads, and audible pedestrian signals; bicycle activated loops on side streets; and new traffic signal phasing as determined by Town Manager and NCDOT.
The Bicycle and Pedestrian Advisory Board recommended that in addition to installing bicycle activated loops on Piney Mountain Road, Estes Drive and the new access drive, that the applicant also install bicycle activated loops on Martin Luther King Jr Blvd. At this time NCDOT will only approve bicycle loops on side streets. Therefore, Resolution A includes a stipulation for bicycle loops only for Estes Drive, Piney Mountain Road and Municipal Drive.
All recommended improvements would need to be approved by the North Carolina Department of Transportation.
The applicant has agreed to dedicate of right-of-way along Martin Luther King Jr. Boulevard with a width and location mutually agreed upon by the applicant, the Town, and NCDOT.
The applicant’s current conceptual plans for a streetscape plan for Martin Luther King Jr. Boulevard, depicts bike lane and curb and gutter along the western side of the boulevard, a landscaped strip (lawn and ornamental trees), a sidewalk, a low Chatham stone wall reminiscent of the stone walls on the perimeter of the older parts of the main UNC campus, then additional lawn and shade trees between the sidewalk/stone wall and the building. The applicant has not included these features in the Innovation Center plans currently under review, but states the Innovation Center site plan has been designed to accommodate these future improvements.
We recommend that prior to occupancy of the building, a public sidewalk with a minimum width of 5 feet shall be built along the west side of Martin Luther King Jr. Boulevard from Estes Drive to the existing bus stop just north of the northern boundary of the Innovation Center development. The location and design of the sidewalk shall be consistent with the NC 86 Bicycle and Pedestrian Corridor Plan. The final design of the sidewalk plans must be reviewed and approved by the Town Manager and N.C. Department of Transportation prior to the issuance of a Zoning Compliance Permit. The University shall be responsible for the perpetual maintenance of the sidewalks. Public access shall be provided for sidewalk sections that are not located in public right-of-way. These recommendations are stipulated in Resolution A.
The applicant has agreed to construct or pay for a 5-foot bike lane and curb and gutter along the project’s frontage on the boulevard, with the design in accordance with the NC 86 Bicycle and Pedestrian Corridor.
The Transportation Board recommended that prior to the issuance of Zoning Compliance Permit, the applicant shall provide a payment of $50,000 for construction of a pedestrian refuge island in Martin Luther King Jr. Boulevard between Piney Mountain Road and Estes Drive. This recommendation is stipulated in Resolution A.
We also recommend that prior to occupancy of the building, the applicant shall design and install street lights along the property frontage on west side of Martin Luther King Jr. Boulevard including the intersection of Piney Mountain Road. Pedestrian lighting shall also be provided for the sidewalk at any location where conditions warrant additional illumination for pedestrians. The design and construction must be reviewed and approved by the Town Manager, N.C. Department of Transportation, and Duke Energy. The Town shall be responsible for the operating costs of the lights installed in the public right-of-way. This recommendation has been included in Resolution A
Transportation Management Plan: We recommend that a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan is to be updated and approved annually by the Town Manager. The plan is to include the following components:
a) Provision for designation of a Transportation Coordinator;
b) Provisions for an annual Transportation Survey and Annual Report to the Town Manager;
c) Quantifiable traffic reduction goals and objectives;
d) Ridesharing incentives;
e) Public transit incentives; and
f) Other measures subject to approval by the Town Manager.
In addition, the applicant has agreed to an additional component of including showers and lockers near the main ground floor entrance, to accommodate non-vehicular commuters.
We have included a stipulation to this effect in Resolution A.
Closure of Existing Curb Cut: The applicant has agreed to install new curb and landscaping at the curb cut for existing Municipal Drive. We recommend that the new entrance drive not provide direct access to the exiting asphalt and gravel pavement on property adjacent to the north of the proposed project boundary. These provisions have been included in Resolution A.
In addition, for the long term, we recommend that these paved areas be removed and revegetated. Unused impervious surfaces on adjacent property to the north may be removed in future phases of Carolina North development, but is not anticipated with this application.
Vehicular Parking: The Land Use Management Ordinance does not specify a range of minimum and maximum parking space numbers for university use. The applicant proposes a parking lot for 214 cars to the south and southwest of the new building. This number is similar to the minimum number (231) required for an office building of this size. We believe this is a reasonable number for this development.
We recommend the parking lot be constructed to Town standards for dimensions and pavement design. The applicant has revised plans to accommodate sufficient tree canopy to meet the Town’s parking lot shading requirements, and will install an additional tree island along the westernmost parking row.
We have included these recommendations as stipulations in Resolution A.
The Community Design Commission recommended that additional handicapped parking spaces be provided. The Land Use Management Ordinance does not specify minimum and maximum parking space numbers for university uses. The applicant proposes 4 handicapped spaces. We note that the applicant will need to comply with ADA requirements. Compliance with federal standards on handicap parking and access will be monitored by the NC Department of Insurance. We have not included a requirement for additional handicapped spaces in the attached Resolution A.
Bicycle Parking: For bicycle parking, the Ordinance does not specify a minimum number of parking spaces for university use, but eight are being proposed with this application. In the case of a use not listed the minimum and maximum bicycle parking space requirements shall be determined by the Town Manager. In making such determinations, the Town Manager shall be guided by the requirements for similar uses, the number and kind of bicycles likely to be attracted to the use.
The Bicycle and Pedestrian Advisory Board recommended that Bicycle parking spaces should be modified to comply with town standards. Specifically, the number of spaces should be increased to at least 22, bicycle racks should be of the inverted U type, and the standard town ratio of Class I and Class II spaces would be provided.
On September 17, the Council will consider a text amendment to changes the bicycle parking standards in the Land Use Management Ordinance. As currently proposed, the text amendment is silent with respect to university type use.
Resolution A includes a stipulation requiring that the applicant proved a minimum of 22 bicycle parking spaces and that the spaces comply with Class I and Class II town standards. Resolution A also includes a stipulation that, if the Council adopts a text amendment creating bicycle parking standards for university type use, prior to acting on this Special Use Permit application, then the new bicycle parking standards shall apply.
Bicycle and Pedestrian Circulation: There is continuous sidewalk along the east side of Martin Luther King Jr. Boulevard from Hillsborough Road/Umstead Drive to Timber Hollow Apartments. There is no sidewalk along the west side of Martin Luther King Jr. Boulevard. The applicant has agreed to provide a sidewalk along the boulevard frontage, at least 5 feet wide, from the Estes Drive intersection north to the existing bus stop north of this development. The applicant is also proposing a sidewalk at least 5 feet wide along the northern edge of the new access drive (Piney Mountain Road Extension), extending to the western boundary of this site. The University has agreed to maintain these sidewalks and provide public access for any segments not located in a public right-of-way. These features have been incorporated into Resolution A.
The Bicycle and Pedestrian Advisory Board recommended that the applicant dedicate additional right-of-way along their frontage on Martin Luther King Jr. Blvd in order to accommodate a bike lane on the east side of the Martin Luther King Jr. Blvd. This recommendation is inconsistent with the standard staff recommendations for roadway improvements for development projects. Because this recommendation for right-of-way is associated with an improvement that will not be located along the frontage of the proposed development site, this recommendation has not been incorporated into Resolution A.
Bus Stops and Routes: The nearest bus stop is on this site’s Martin Luther King Jr. Boulevard frontage, just south of the proposed Special Use Permit boundary. This bus stop is improved with benches, shelter and a realtime “next bus” display. We recommend that a payment of $25,700 be made to the Town for improving nearby bus stop(s) (such as the unimproved bus stop 300 feet north of Municipal Drive) on either side of Martin Luther King Jr. Boulevard, to current standards, such as upgrading or adding a new pad, shelter, bench, lighting, trash can, and connection for realtime “next bus” display. This recommendation is included in Resolution A.
The Bicycle and Pedestrian Advisory Board recommended that a pedestrian connection between the southern bus stop on Martin Luther King Jr. Boulevard and an internal parking lot accommodate bicycles as well as pedestrians. We recommend provision of a pedestrian and bicycle connection at this location and have included this improvement in Resolution A.
Landscape and Architecture
Buffers: The table below outlines the minimum landscape buffer requirements for the proposed Special Use Permit.
Innovation Center Special Use Permit Buffers Requirement
|
Location |
Ordinance Requirement |
Applicant’s Proposal |
|
Martin Luther King Jr. Boulevard frontage |
30’ Type “D” external buffer |
Modification of the Regulations |
The applicant is proposing to landscape along the property frontage in two phases, the first being with the development of the Innovation Center, and the second in conjunction with an overall streetscape plan for a future Carolina North Campus.
As part of the Martin Luther King Jr. Boulevard Streetscape, the applicant proposes landscaping between the road and the Innovation Center which may not meet the opacity standard for a Type “D” 30-foot Landscape Buffer, whether standard or alternative. Therefore the applicant is requesting a modification to the regulations (subsections 5.6.2 and 5.6.6. of the Land Use Management Ordinance), to allow for a different landscaping scheme.
A preliminary streetscape concept under consideration by the applicant includes bike lane and curb and gutter along the western side of Martin Luther King Jr. Boulevard, a landscaped strip (lawn and ornamental trees), a sidewalk, a low Chatham stone wall reminiscent of the stone walls on the perimeter of the older parts of the main UNC campus, then additional lawn and shade trees between the sidewalk/stone wall and the building. The applicant has stated the streetscape design is in the conceptual stage, and the design has not been finalized. The applicant’s justification for such a modification is that the opacity standard required for a Type “D” buffer would be at odds with the applicant’s intent to provide a transit-friendly streetscape.
We believe that with respect to the applicant’s request to modify the parking lot landscaping regulations, the Council could make a finding that public purposes are satisfied to an equivalent or greater degree because the applicant is proposing a landscape theme that is pedestrian, bicycle, and transit-friendly, attempting to connect the building to proposed sidewalks, bikeways, and transit stops. We have included this modification of the regulations in Resolution A.
Landscape Protection Plan: We recommend that a detailed Landscape Protection Plan for the proposed development be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan must show all critical root zones of any rare or specimen trees likely to be affected by proposed construction. We have included this recommendation as stipulations in Resolution A.
Landscape Screening and Shading: In addition to buffer requirements, we note that the applicant’s proposal must meet ordinance landscaping standards in the following sections of the Land Use Management Ordinance:
We have included stipulations to this effect in Resolution A.
Building Elevations and Lighting Plan: The Ordinance requires that alternative landscape buffers, detailed building elevations and lighting plans be approved by the Community Design Commission. We have included a stipulation for Community Design Commission approval, prior to the issuance of a Zoning Compliance Permit, 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 A) upward light pollution and B) offsite spillage of light. We have included a stipulation to this effect in Resolution A.
We understand that the initially proposed building elevations have been revised. The new building elevation drawings are included as part of the attached material to be reviewed by the Town Council.
Streetscape: The Town’s NC 86 Corridor Study calls for a bikelane, and a 7-foot wide planting strip between the curb and the proposed 5-foot sidewalk along this section on NC Highway 86/Martin Luther King Jr. Boulevard. Please see the description of the applicant’s proposed streetscape design in the Landscape Buffer Section above.
Environmental
Watershed Protection District: The proposed development is located outside the Watershed Protection District.
Stormwater Management: The Ordinance allows up to 243,313 square feet of impervious surface under the high-density non-residential option. The applicant is proposing 164,325 square feet of new impervious surface (currently there is 219,973 square feet of impervious surface on the site, which will be removed).
The applicant has proposed a stormwater management system which will store excess stormwater and release it at a rate at or below the pre-development rates for the site. The system includes:
· a catchment area in the parking lot southwest of the building;
· a rain garden off the northern edge of the west wing of the building; and
· a rain garden off the eastern edge of the east wing.
This system is proposed for managing stormwater runoff from the new drive off Martin Luther King Jr. Boulevard, the building, and the parking lot.
We recommend that the final plans show how stormwater runoff will be conveyed to the proposed stormwater management facilities and then discharged further along the proposed integrated “treatment train” system; and show the points of off-site discharge from the management facilities.
The stormwater impact statement and hydrology calculations indicate that the proposed post-development rate and volume requirements will be achieved with the net reduction in impervious surface from pre- to post-development conditions and that water quality will be achieved through a treatment train system of stormwater management.
We recommend that a Stormwater Management Plan, demonstrating the development meets the minimum Land Use Management Ordinance standards, be submitted for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
We recommend the applicant clarify whether a jurisdictional wetland, shown as “potential wetland”, extends onto the southern portion of the site as shown on plan sheet SUP 1. The applicant has designed the site plan around this area, in case wetlands are delineated here. We recommend that at the final plans stage, the wetland designation be clarified, and that any necessary state or federal permits be obtained prior to issuance of a Zoning Compliance Permit.
We have included stipulations incorporating these recommendations in Resolution A.
Erosion Control: We recommend that a Soil and Erosion Control Plan for the site be approved by the State Department of Environment, Health, and Natural Resources (or successor agency) and the Town Manager prior to issuance of a Zoning Compliance Permit. This stipulation is included in Resolution A.
Energy Management Plan: On April 23, 2007, the Council adopted a resolution specifying the Council’s expectations for energy efficiency and an Energy Management Plan for applicants seeking approval of rezoning applications. We recommend that the applicant implement an Energy Management Plan and have included our standard stipulation in Resolution A.
We recommend that the Final Plans incorporate a “20 percent more energy efficient” feature relative to the energy efficiency standard of the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE), as amended and in effect at the time of building permit issuance. Comparable standards generally recognized as applicable to building energy consumption, as amended and in effect at the time of building permit issuance, may be used by the applicant when incorporating the “20 percent more energy efficient” feature into the final plans. We have included a stipulation to this effect in Resolution A.
In response to staff questions about energy management for individual spaces in the building’s interior, the applicant notes in order for the owner to qualify for LEED Core and Shell Credit #9, the building tenants will be provided with energy-saving design and construction guidelines for tenant education and possible implementation.
Utilities and Service
Refuse Management: Based on the March, 2000 agreement between the Town of Chapel Hill and the University, the University is now conducting its own Solid Waste Management Plan review process. Because this site is university-owned, the University will provide refuse collection services. However, Orange County has requested inclusion in the preconstruction conference.
Utilities: The Ordinance requires that detailed utility plans be reviewed and approved by Duke Energy Company, Public Service Company, AT&T, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.
Underground Utilities: Except for three phase power lines, the Ordinance requires that all new or relocated utility lines be located underground. We have included this standard stipulation in Resolution A.
Fire Protection: We recommend that final plans indicate hydrant location details and Fire Department Connection locations. We have included our standard fire protection stipulations in Resolution A.
Both the Planning Board and the Community Design Commission had concerns about the storage of hazardous materials on the site and how the Chapel Hill Fire Department would be kept abreast of the nature of hazardous materials, given the anticipated tenant turnover within the Innovation Center.
We note that Town firefighters will be first responders to fire emergencies for this building. In the original version of Resolution A, our objective was to ensure that potentially hazardous materials would be accounted for, that a safety plan would be developed for the new building, and that pertinent fire safety-related information be relayed to the Chapel Hill Fire Department. After further consultation with the Fire Department staff and UNC staff, we learned there is a reporting process already in place between UNC and the Chapel Hill Fire Department for campus buildings, and both parties are satisfied with the current reporting process. We have included the following stipulation in Resolution A that meets the needs of the Town’s Fire Department and the University:
“That the UNC Department of Environment, Health, and Safety will be responsible for monitoring hazardous materials and developing a safety plan for the development; and shall report pertinent fire safety information to the Chapel Hill Fire Department on a regular basis, in accordance with current reporting policy for campus buildings.”
Public Safety: UNC is to provide police protection, and other services as it does for main campus facilities.
Miscellaneous
Construction Management Plan: We recommend that the applicant provide a Construction Management Plan, indicating how construction vehicle traffic will be managed, subject to approval by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
Traffic and Pedestrian Control Plan: We recommend that the applicant provide a Work Zone Traffic Control Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction. The plan must include a pedestrian management plan indicating how pedestrian movements will be safely maintained. The plan must be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
Comprehensive Plan: The adopted Land Use Plan, a component of the Comprehensive Plan, classifies the site as “University.”
Open Burning: We have included stipulations in Resolution A prohibiting open burning associated with this development.
FAA Regulation Compliance: The site is near the existing UNC airport north of Estes Drive. In response to Town staff inquiry, the applicant has stated that this portion of the university owned property is not subject to FAA restrictions. We recommend that prior to the issuance of a Zoning Compliance Permit, the applicant provide a letter from the FAA verifying that this development is not subject to FAA restrictions, or that all necessary FAA-related permits be obtained. We have included this recommendation in Resolution A.
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; 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 assessment is that these findings can be made.
CONCLUSION
Based on information available at this stage of the application review process, we believe that the proposal, with the conditions in Resolution A and the requested modification fo the regulations, meets the requirements of the applicable sections of the Land Use Management Ordinance and Design Manual, and that the proposal conforms to the Comprehensive Plan.
Resolution A would approve the application with conditions. Resolution B would deny the application.