ATTACHMENT 1

 

STAFF REPORT

 

SUBJECT:      Public Hearing: St. Thomas More Catholic Church and School, 920-940 Carmichael Street – Special Use Permit Modification Application

                        (File No. 9798-04-5260)

 

DATE:                        September 17, 2008

 

INTRODUCTION

 

Attached for your consideration is an application for a Special Use Permit Modification from St. Thomas More Catholic Church and School, proposing to demolish 8,432 square feet of floor area and construct 66,269 square feet of new floor area for a total of 137,405 square feet. An athletic field and 155 new parking spaces are also proposed. A new traffic access and circulation pattern is proposed at the Mason Farm Road/Fordham Boulevard intersection. An additional driveway on Carmichael Street and a connection to the adjacent University of North Carolina property to the north is also proposed. The site is located at 920-940 Carmichael Street between Raleigh Road and Old Mason Farm Road, along Fordham Boulevard, across from the Highland Woods Subdivision, in the Residential-5-Conditional (R-5-C) zoning district. The 21.5-acre site is located in Orange County and is identified as Parcel Identification Number 9798-04-5260.

 

BACKGROUND

 

July 19, 1971

The Board of Adjustment approved a Special Use Permit for a portable classroom building to the existing school building.

October 16, 1984

The Planning Board approved a Site Plan for a 10,000 square-foot building.

June 4, 1996

The Town Council approved a Special Use Permit for one new building with 78,210 square feet and up to 250 parking spaces.

December 4, 1996

The Town Council approved a Master Land Use Plan for five buildings and 111,210 square feet of floor area and a Zoning Atlas Amendment to rezone the property from Residential–1 (R-1) to Residential-5-Conditional (R-5-C).

February 29, 2000

Zoning Compliance Permit issued for a 192 square-foot pottery shed.

March 2, 2005

Zoning Compliance Permit issued to expand parking spaces by 20 for a total of 242 spaces.

May 17, 2006

The Community Design Commission reviewed a Concept Plan Proposal for the St. Thomas More Church Master Land Use Plan Modification and Special Use Permit Modification for the school campus to add 133,000 square feet of floor area to construct a Parish Center, gymnasium, athletic field, library, classrooms, an Art and Music Building, and 130 new parking spaces.

September 18, 2006

The Town Council reviewed a Concept Plan Proposal for the St. Thomas More Church Master Land Use Plan Modification and Special Use Permit Modification identical to the plan reviewed by the Community Design Commission.

November 6, 2007

The applicant submit Master Land Use Plan Modification and Special Use Permit Modification applications.

 

Existing Conditions

Location: The development is proposed on the existing site of the St. Thomas More Catholic Church and School, located at 920-940 Carmichael Street, between Mason Farm Road and Raleigh Road. The following properties are on the perimeter of the site and all are zoned Residential-1 (R-1):

 

Access and Circulation: The St. Thomas More Catholic Church and School site is accessed from the Fordham Boulevard frontage via Carmichael Street from two driveways. One driveway is on the northeastern part of the site, which connects to Fordham Boulevard via a median break and one is about 90 feet north of the signalized intersection of Carmichael Drive, Fordham Boulevard, and Old Mason Farm Road. The FCX, HU, and S bus routes pass the site on NC-54. There are no active bus stops in immediate proximity to the site.

 

Parking: There are currently 264 vehicular parking spaces on the site. The Church has been using an unspecified number of parking spaces along Carmichael Street and along the grass edge of the drive aisles during Sunday services. The 264 existing parking spaces do not take this overflow parking into consideration.

 

Topography, Drainage, and Vegetative Cover: The site has significant steep slopes, about 7.3 acres of the site, including areas with 10%-15% slope (~56.6%), 15%-25% slope (~25.9%) and areas with over 25% slope (~17.5%). The steepest slopes are generally located near the northwestern part of the site with some along the frontage. There is also an ephemeral stream that flows eastward, past the west side of the elementary school into a stormwater basin near the eastern boundary of the site.

 

Approximately 6,483 square feet (0.7%) of the site is within the Resource Conservation District corridor as associated with the Chapel Branch Creek on the northeast corner of the site.

 

The site has 23 significant tree stands totaling 234,521 square feet. There are also approximately 273 specimen trees on the site, as defined by Subsection 5.7.6 of the Land Use Management Ordinance.

 

EVALUATION

 

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

 

Ordinance Requirements

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

 

1)      That the Master Land Use Plan Modification application will be approved by the Council.

 

Development Description

The Special Use Permit Modification proposes to demolish 8,432 square feet of floor area and construct 66,269 square feet of new floor area, for a total of 137,405 square feet of floor area, including 4 new buildings and the expansion of 3 (of 5) existing buildings, for a total of 9 buildings. The proposal includes a sharing and caring building, chapel, multipurpose parish building, outdoor cloister, art and music building, gymnasium, pre-school building and expansion of the ministry support building, library, kitchen, as well as an athletic field.

 

Also, 158 new parking spaces are proposed, for a total of 422 parking spaces. A new traffic access and circulation pattern is proposed at the Mason Farm Road/Fordham Boulevard intersection with an additional driveway on Carmichael Street. The applicant is proposing a stubout connection to the adjacent University of North Carolina property to the north. The 21.5-acre site is located in the Residential-5-Conditional (R-5-C) zoning district.

 

The applicant is proposing to expand an existing Stormwater Management Pond indicated on the site plan in the northeastern part of the site.

 

Concept Plan Reviews

Proposals for this project have been reviewed by the Community Design Commission and the Town Council. The only difference between the Concept Plan proposal and the Special Use Permit application is 133,000 square feet of floor area was proposed in the former and 137,405 square feet of floor area is proposed in the later.

 

Concept Plan Review summaries from the Town Council and Community Design Commission as well as the applicant’s responses are attached.

 

Zoning:  The site is currently zoned Residential-5-Conditional (R-5-C). A church and school are permitted uses in this residential zoning district.

 

Floor Area:  The applicant is proposing to demolish 8,432 square feet of floor area and to construct 66,269 square feet of new floor area, for a net gain of 57,837 square feet. The total proposed post-development floor area, including the existing 79,645 square feet of floor area on the site would be 137,405 square feet. The proposed floor area is within the proposed maximum permitted floor area in the existing Residential-5-Conditional zoning district.

 

Setbacks and Height:  In the Residential-5-Conditional zoning district, a 20-foot setback standard applies for the street, 6-foot interior setbacks 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-5-Conditional zoning district are 39 feet (at the setback line) and a maximum of 60 feet respectively. The proposal complies with the required height limits.

 

Intensity and Dimensional Standards: The proposed project meets all of the proposed intensity and dimensional standards for the Residential-5-Conditional zoning district.

 

Transportation

Traffic Impact:  Traffic Impact Analyses (TIA) for the proposed development was prepared by the Town Consultant in November 2007 in accordance with the Town TIA guidelines and procedures. A copy of the executive summary of the TIA is attached to this memorandum (Attachment 7). The proposed expansion of St. Thomas More is projected to generate 100 new peak hour trips on Sunday and 42 trips (am peak) and 14 trips (pm peak) on a weekday.

 

Following intersections were analyzed to find the impact of the proposed expansion:

1)      Fordham Blvd and Manning Dr

2)      Fordham Blvd and Manning Dr

3)      US 15-501 northbound loop off ramp and NC 54 eastbound

4)      US 15-501 northbound off ramp and NC 54 westbound

5)      NC 54 westbound loop ramp and US 15-501 southbound

6)      NC 54 Eastbound ramp and US 15-501 southbound

7)      Carmichael St and Aldersgate Church Dr

The findings of the TIA analyses results are provided in the executive summary.  Based on the findings, we recommend the following roadway improvements:

  1. That the applicant construct the realignment of Carmichael Street with the lane configuration shown on the plans. 
  2. That the applicant construct the following traffic signal upgrades at the US 15-501 and Old Mason Farm Road/Carmichael Street intersection, if not constructed by others:
    • Pedestrian amenities
    • Bicycle activated loops on side streets
    • traffic signal to provide for the Carmichael Street realignment
  3. That the applicant provide payment-in-lieu of $3,000 for re-timing the traffic signals on Fordham Blvd at Manning Dr and Old Mason Farm Road/Carmichael Street intersections.
  4. That the applicant extend the existing left turn lane for vehicles turning from Fordham Boulevard to Carmichael Street, if not constructed by others, to prevent site traffic from blocking the through lanes on Fordham Boulevard during peak traffic periods.
  5. That the applicant provide a 5-foot wide sidewalk with curb and gutter in appropriate sections, constructed to Town standards, along the entire St. Thomas More Catholic Church and School frontage (approximately 2,000 feet).
  6. That the applicant shall provide a new traffic impact assessment, an amended traffic impact assessment, or an exemption thereof, in order to continue development, to be approved by the Town Manager, beyond the year 2013.

These recommended improvements have been incorporated into Resolution A.

 

Access and Circulation

Vehicular Circulation: The St. Thomas More Catholic Church and School site is accessed from the Fordham Boulevard frontage via Carmichael Street. Currently the site is accessed from two driveways to Carmichael Street, one in the northeastern part of the site, which connects to Fordham Boulevard and one about 90 feet north of the signalized intersection of Carmichael Drive, Fordham Boulevard, and Old Mason Farm Road. The applicant is proposing to retain the access drive on the northeastern part of the site and construct an additional driveway in the central part of the site, which would only access Carmichael Street. The applicant is also proposing a new configuration for Carmichael Street, which would create a jug-handle design to more appropriately connect to the signalized intersection at Fordham Boulevard at a 90 degree angle, rather than the current 180 degree angle design. The proposed reconfiguration of Carmichael Street would also change the point at which the existing driveway on the southeastern part of the site intersects Carmichael Street.

 

The proposed Carmichael Street realignment would include a sidewalk on the south side (outside) of the realigned street, encroaching onto the adjacent Aldersgate Church property. The applicant has obtained a written agreement from Aldersgate Church to allow a sidewalk easement. We recommend that prior to issuance of a Zoning Compliance Permit, the applicant provide a recorded sidewalk easement from the owners of Aldersgate Methodist Church to accommodate the proposed offsite sidewalk, to be approved by the Town Manager prior to recordation. We have included a stipulation to this effect in Resolution A.

 

Stub Out to Northern Property: The applicant is proposing a stubout to the University of North Carolina property to the north of the site. The stubout would allow the University access, across the Saint Thomas More property, to Fordham Boulevard. According to the applicant, the University and St. Thomas More Church made an agreement that if the Church builds a stubout to the UNC property thereby providing access, UNC would permit the Church to encroach on the existing unused access easement with the Carmichael Street realignment. We recommend that the design and location of stub-out 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 that when the proposed construction activity associated with the clearing and grading for the connector street road bed is complete, signage be located at the connector road stub out indicating the future vehicular connection. The design would be subject to Town Manager approval prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

 

We recommend that the applicant provide a recorded deed of easement and plat indicating the right of access that the University of North Carolina would have through the stubout road connection. The easement and plat would be subject to Town Manager approval prior to the issuance of a Certificate of Occupancy. We have included a stipulation to this effect in Resolution A.

 

Transit: There are no active bus stops in immediate proximity to the site, though there is a bus pull-off on Carmichael Street in front of St. Thomas More School. There are no plans to reactivate this bus-stop at this time. The nearest existing bus stops are approximately one half mile away along Raleigh Road/Manning Drive. North Carolina Department of Transportation is proposing to construct two far side bus pulloffs on the each side of the Fordham Boulevard bypass as Mason Farm Road. The Town proposes to put at least one bus stop at this intersection when the pulloffs are complete.

 

We recommend that the applicant provide a $17,500 payment-in-lieu of bus-stop amenities, prior to issuance of a Zoning Compliance Permit, for a 15-foot bus-stop shelter and associated amenities, including a pad, bench, solar-powered lighting, and trash can to be located at one of the proposed bus pull offs on Fordham Boulevard, at the Mason Farm Road intersection. We also recommend that the funds be refunded, at the applicant’s request, if 1) the bus-stop pull offs are not constructed, or 2) there is not active bus-service at one of the bus stops within 5 years of the issuance of the first Certificate of Occupancy. We have added a stipulation to this effect in Revised 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 shall be updated and approved annually by the Town Manager. The required components of the Transportation Management Plan shall include:

 

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.

 

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

 

Pedestrian Circulation:  The applicant is proposing to provide sidewalks, a minimum of 5 feet wide, throughout the St. Thomas More Catholic Church and School site. We recommend that the applicant provide on-site sidewalks, a minimum of 5 feet wide, design subject to Town Manager approval prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

 

We also recommend that the applicant a provide 5-foot wide sidewalk located adjacent to Carmichael Street, up to 35 feet west of the edge of pavement on Carmichael Street, according to the illustrative plan dated July 30, 2008The sidewalk shall begin offsite on the Aldersgate Church property on the southern end of the site, continuing along the entire St. Thomas More Catholic Church and School frontage (approximately 2,000 feet), connecting to the UNC softball path on the northern end of the site, and shall be constructed to Town standards, prior to issuance of a Certificate of Occupancy. We recommend that the sidewalk design be subject to Town Manager approval prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

 

Vehicular Parking: The 1996 Special Use Permit approval authorized 250 parking spaces on the Saint Thomas More site. In 2002 the Town Manager administratively approved an increase to 276 parking spaces but only a total of 264 spaces were constructed. The additional parking spaces were constructed in front of the Middle School.

 

The number of vehicular parking spaces required by Section 5.9 of the Land Use Management Ordinance for the proposed development is a minimum of 287 and a maximum of 512. The applicant is proposing 158 new parking spaces for a total of 422 vehicular parking spaces. The Council is currently considering amending parking standards in the Land Use Management Ordinance. The standards may be amended as early as September 17, 2008, however it appears that the parking standards for schools and places of worship are not proposed to change. We recommend that the applicant provide a maximum of 422 parking spaces, and comply with parking standards in place at the time of approval. We also recommend that the parking spaces be built to Town standard, design to be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

 

Nine handicapped parking spaces are required and the applicant is proposing 11 handicapped parking spaces. We recommend that the applicant provide 11 handicapped parking spaces and design all handicapped spaces, ramps, and crosswalks, and associated infrastructure according to Americans with Disabilities Act standards, North Carolina Accessibility Code, and Town standard. Code requirements include standards for the number, size and spacing of handicapped spaces, travel distance from parking spaces to buildings, ramp and sidewalk slope, cross-walk striping and other considerations. We have included a stipulation to this effect in Resolution A.

 

St. Thomas More Church has been using an unspecified number of parking spaces along Carmichael Street and along the grass edge of the drive aisles during Sunday services. The applicant has stated that they believe the proposed total of 422 parking spaces will limit the necessity of parking along Carmichael Street and drive aisles, except for special events and holidays when it is to be expected.

 

Bicycle Parking: Subsection 5.9.7 of the Land Use Management Ordinance requires that the proposed development provide a total of 61 bicycle parking spaces. The applicant is proposing 61 bicycle parking spaces. The Council is currently considering amending parking standards in the Land Use Management Ordinance. The standards may be amended following a September 17, 2008 Public Hearing, however it appears that the parking standards for schools and places of worship are not proposed to change. We have included a stipulation in Resolution A requiring the applicant to provide a minimum of 61 bicycle parking spaces, and comply with bicycle parking standards in place at the time of approval, with the required number of Class I and Class II parking spaces according to the Town Design Manual.

 

Landscaping and Architecture

Landscape Buffers: The Land Use Management Ordinance requires that the following landscape bufferyards be provided for this site:

 

Landscape Buffers

Location

Required Buffers

Proposed Buffer

Site Frontage (Carmichael St./Route 54)

Type “D” 30 ft. wide

Type “D” 30 ft. wide

Northern and Northeastern Property Lines

Type “C” 20 ft. wide

Type “C” 20 ft. wide

Western Property Line – Approximately First 610’ Beginning At Northwestern Corner Of Site

Type “C” 20 ft. wide

Type “C” 20 ft. wide

Western Property Line – Approximately Next 300’ in two sections 160’ and 140’ long (separated by a 50’ long Type ‘C’ 20’ wide landscape buffer)

Type “C” 20 ft. wide

Type ‘B’ 10 ft. wide Alternative

Southwestern Property Line – Final 390’

Type “C” 20 ft. wide

Type “C” 20 ft. wide, Diminishing To Zero Width Where Right-Of-Way Coincides With Southern Boundary

 

The applicant is proposing 30-foot Type “D” buffers on the Carmichael Street/Fordham Boulevard frontage of the site. The applicant is proposing 20-foot Type “C” buffers around the remaining perimeter of the site, except for the western property line shared with the University of North Carolina, where the applicant is proposing 300 feet of 10-foot Type “B” Alternative buffer in two sections (160 feet and 140 feet) separated by a 50 foot Type “C” 20-foot buffer. We recommend that the applicant provide the proposed bufferyards and have included a stipulation to this effect in Resolution A. We furthermore recommend that the applicant obtain an alternative buffer approval from the Community Design Commission and have included a stipulation to this effect 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.

 

Landscape Protection and Planting Plan:  The site has 23 significant tree stands totaling 234,521 square feet. The applicant is proposing to remove 108,011 square feet (46.1%) of the significant tree stands. There are also approximately 273 specimen trees on the site, as defined by Subsection 5.7.6 of the Land Use Management Ordinance. Some of the specimen trees would be included in the significant tree stands. The applicant is proposing to remove approximately 139 (51%) of the specimen trees. We recommend that detailed landscape protection plan, including tree protection fencing (chain link fencing, where necessary), and planting and maintenance plans be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included stipulations to this effect in Resolution A.

 

We recommend that the applicant provide information for the management of invasive exotic plant growth (including kudzu), where applicable, and have the management method approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included stipulations to this effect in Resolution A.

 

Building Elevation and Lighting Plans:  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.

 

Environmental

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. The applicant is not proposing a rezoning application but has provided an Energy Management Plan (attached). 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 2004 energy efficiency standard of the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE), as amended and in effect at the time of Special Use Permit issuance. Comparable standards generally recognized as applicable to building energy consumption, as amended and in effect at the time of Special Use 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.

 

Watershed Protection District: The proposed development is located inside the Watershed Protection District. The applicant is proposing 38.9% impervious surface area (364,300 s.f.) and is therefore subject to the high-density option for controlling stormwater runoff and must meet applicable performance standards in Section 3.6.4(g) of the Land Use Management Ordinance. We have included a stipulation to this effect in Resolution A.

 

Resource Conservation District: The site has approximately 6,483 square feet of area in the Resource Conservation District associated with an offsite perennial stream in the northeast corner of the site. The Resource Conservation District on the property accounts for approximately 0.7% percent of the overall land area. The applicant is not proposing any activity in the Resource Conservation District.

 

Impervious Surface:  The site currently has 239,291 square feet (25.6%) of existing impervious surface. Approximately 121,221 square feet (12.9%) of impervious surface existed before July 1, 1993 and is therefore exempt from Watershed Protection District regulations according to Section 3.6.4(c) of the Land Use Management Ordinance. Approximately 118,070 square feet (12.6%) of impervious surface was constructed after July 1, 1993 and is therefore included in the impervious surface calculations and subject to Watershed Protection District regulations.

 

The applicant is proposing a total of 125,009 s.f. (13.4%) of new impervious surface area, for a total area of 364,300 square feet (38.9%). After deducting the exempt 121,221 square feet of impervious surface, the impervious surface area subject to Watershed Protection District regulations is 243,079 square feet (25.9%) and therefore the high-density option for controlling stormwater runoff and must meet applicable performance standards in Section 3.6.4(g) of the Land Use Management Ordinance. We have included a stipulation to this effect in Resolution A.

 

Steep Slopes:  The site has significant steep slopes, including areas with 10%-15% slope (~56.6%), 15%-25% slope (25.9%) and areas with over 25% slope (17.5%), totaling about 7.3 acres of the site. The steepest slopes are generally located near the northwestern part of the site with some along the frontage. There is also an ephemeral stream that flows eastward, past the west side of the elementary school into a stormwater basin near the eastern boundary of the site.

 

The applicant is proposing to disturb approximately 23.5% of the steepest slopes (25% grade or more) on the site. The steepest slopes are generally located near the northwestern part of the site with some along the frontage. Subsection 5.3.2 of the Land Use Management Ordinance requires that no more than one quarter of the slopes over 25% grade be disturbed. The applicant is proposing to disturb less than the 25% maximum, thereby complying with the ordinance.

 

Additionally, the applicant has stated that only a small portion of the steep slopes on the site are natural, 600 square feet, and the rest are man-made steep slopes resulting from past grading, etc.

 

The application indicates that 38.9% percent of the site would include built-upon area. The applicant is proposing to 1) expand the existing stormwater management facility in northeastern part of the site, and 2) use the “proposed athletic field as self contained detention and water quality unit” in the northwestern part of the site. We recommend that the applicant provide additional information on how the proposed stormwater facilities are to meet Town stormwater standards. We have included a stipulation to this effect in Resolution A.

 

Stormwater Management: Prior to the issuance of a Zoning Compliance Permit the applicant must demonstrate compliance with the stormwater management performance criteria of the Land Use Management Ordinance for water quality, stormwater volume control, and stormwater runoff rates.

 

We recommend that prior to the issuance of a Zoning Compliance Permit, the applicant provide a Stormwater Management Plan that includes specifications and plan details. We recommend that the plan include details and cross sections of the outlet mechanisms for the water quality unit and underground detention structure. We also recommend an operations and maintenance plan and schedule for the proposed water quality unit. We have included a stipulation to this effect in Resolution A.

 

Utilities and Services

Refuse Management and Recycling: We recommend that the applicant design the refuse/recycling area nearest the “sharing and caring” ministry building to allow the roll-carts to be located behind the dumpster and protected by bollards. Design subject to Town Manager approval prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

 

We recommend that the applicant label each bulk waste container for type of material to be collected. We have included a stipulation to this effect in Resolution A

 

We recommend the collection vehicle access route to areas containing refuse and recyclable material collection containers be paved with all-weather, heavy-duty pavement or the following note be included on the plans and recorded on the plat: “The Town of Chapel Hill and Orange County will not be responsible for any pavement damage that may result from service vehicles.” We have included this and other standard solid waste management and recycling stipulations to this effect in Resolution A.

 

Utilities: We recommend that the applicant provide final utility/lighting plans to be approved by Orange Water and Sewer Authority, Duke Energy Company, Time-Warner Cable, Public Service Company, AT&T or GTE, and the Town Manager before issuance of a Zoning Compliance Permit. The property owner will be responsible for assuring that these utilities, including cable television, are extended to serve the development. We have included a stipulation to this effect in Resolution A.

 

Fire: We recommend that the applicant provide Final Plans that include designs of all of the required Fire Safety infrastructure as well as documentation and required plan notes, to be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

 

Prior to the issuance of a Zoning Compliance Permit, we recommend that the applicant submit a fire flow report sealed by an Engineer registered in the State of North Carolina. Fire flow shall meet the required flow set forth in the Town Design Manual. We have included a stipulation to this effect in Resolution A.

 

Prior to the issuance of a Certificate of Occupancy, fire protection devices will be required to be installed, tested, approved, and permitted by the Fire Marshal, where required by the NC Fire Prevention Code, Town of Chapel Hill Code (Chapter 5), and applicable NFPA codes. We have included this and other standard fire and safety stipulations 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 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, where necessary, be provided prior to the issuance of a Zoning Compliance Permit. 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 Chapel Hill Land Use Plan, a component of the Comprehensive Plan, identifies this site as Institutional, which corresponds to the existing and proposed uses.

 

The application proposes to achieve other aspects of the Comprehensive Plan as noted in the applicant’s Statement of Justification (Attachment 9).

 

SPECIAL USE PERMIT MODIFICATION FINDINGS

 

Special Use Permit Modification Findings

For approval of a Special Use Permit Modification, 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 to the Master Land Use Plan as previously noted.

 

CONCLUSION

 

We believe that the proposed Special Use Permit Modification, with conditions in Resolution A, complies with the requirements of the Land Use Management Ordinance, the Design Manual, and that the proposal conforms with the Comprehensive Plan, if the Master Land Use Plan Modification is approved.

 

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

 

[Project Fact Sheet Requirements]