ATTACHMENT 1
SUBJECT: Public Hearing: 1609 East Franklin Street Office Development- Application for a Special Use Permit
DATE: January 21, 2009
INTRODUCTION
Attached for your consideration is an application for a Special Use Permit to allow construction of two buildings for office uses on 1.9 acres of land on the north side of East Franklin Street, approximately 470 feet west of Elliott Road. The application proposes 17,318 square feet of floor area and a 61-space parking lot. The site is identified as Orange County Parcel Identifier Number 9799-04-7995.
The primary portion of the site is located within the Residential-5 zoning district, and a small portion within the Residential-1 district. The applicant has submitted an accompanying application to rezone all of the Residential-5 portion of the site, and a portion of the Residential-1 (R-1) zoning district to Neighborhood Commercial-Conditional (NC-C) zoning district.
BACKGROUND
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October 14, 1991 |
The Town Council adopted the East Franklin Street Corridor Study as a component of the Comprehensive Plan (attached). |
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October 16, 1996 |
The Town Council adopted the 1996 East Franklin Street Corridor Study (which includes a greater geographic area) as a companion study to the 1991 study and a component of the Comprehensive Plan. |
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October 11, 1999 |
The Town Council approved a rezoning application and a Special Use Permit for 1609 East Franklin Street, an office development with one building and 59 parking spaces. A total of 18,301 square feet of floor area was authorized (of that total, a maximum of 4,850 square feet of commercial space was allowed). A copy of the 1999 Special Use Permit document is attached. |
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August 9, 2001 |
The Town Manager granted a twelve (12) month extension of the construction start date. The new start date at that time revised to October 11, 2002. |
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September 11, 2002 |
A Zoning Compliance Permit was issued for Phase I and shortly thereafter work began on demolition of a structure on the site. |
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September 23, 2002 |
The Town Manager granted a twelve (12) month extension of the completion date. The new completion date was at that time revised to October 11, 2003. |
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September 8, 2003 |
The Town Council approved an application for extension of the Special Use Permit completion date for this project. The new completion date was revised to October 11, 2004. |
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October 11, 2004 |
The Special Use Permit expired and the Neighborhood Commercial property reverted to the Residential-5 (R-5) zoning. |
EXISTING DEVELOPMENT
Location: The site contains two properties (lot 4 on the western side, lot 5 on the eastern side) each fronting on East Franklin Street and extending north toward Velma Road. The site is located within the Residential-5 zoning district, and Residential-1 zoning district.
The Ballet School is located on the property to the west of this site. A small psychiatry clinic with residential-type architecture is located to the east of the site. The Chapel Hill Rehabilitation and Healthcare Center is located across East Franklin Street to the south. To the north is the Coker Hills neighborhood, which is a Neighborhood Conservation District.
Existing Structures: Three vacant residential structures currently exist on the property, one located on lot 5, the other two on lot 4. Retaining walls exist along the rear of each of the dwellings on lot 4. None of these structures were identified as historic properties in the Town’s 1992 Historic Sites Survey. The dwellings, along with associated drives and retaining walls, are proposed to be demolished with the development of this property.
Pedestrian Circulation: An eight-foot wide concrete sidewalk is located along the East Franklin Street frontage of the site.
Bus Stops, Routes: The proposed development is served by Chapel Hill Transit (weekday routes CL, D and F and the FG on Saturday). The stops for these routes are slightly north of the development (200 feet), just before Elliott - one on the east side and one on the west side (with shelter) of Franklin Street.
Topography, Drainage, Vegetative Cover: Two “rare” oak trees, 36-inches and 48-inches in trunk diameter, exist on the site near East Franklin Street. Several “specimen” pine trees and one specimen oak tree also exist on the site.
The topography of the site slopes downward from Velma Road toward East Franklin Street. Slopes are primarily less than 10 percent, with a small area near Velma Road containing a 20 percent slope.
The site is not located within the Town’s Resource Conservation District or Watershed Protection District.
The Town staff has reviewed this application for compliance with the standards of the Land Use Management Ordinance and Design Manual, based on the standards for the Neighborhood Commercial-Conditional zoning district, and offers the following evaluation.
Development Description: The application proposes construction of two buildings with 17,318 square-feet of floor area for office type business.
Vehicular access to the development is proposed off East Franklin Street in the western portion of the site. This driveway would extend north to the rear of the proposed building, where it would terminate into a 61-space parking lot. The applicant proposes seven bicycle parking spaces.
One concrete walkway is proposed to extend into the site from the existing sidewalk along East Franklin Street, and a sidewalk connection is proposed to The Ballet School property to the west. A refuse and recycling collection area for roll-out trash and recycling bins is proposed within the parking lot in the rear of the site.
The applicant proposes an underground stormwater detention area between the buildings and the parking area. Two cross-access easements, and a $5,000 payment-in-lieu for a pedestrian crossing on East Franklin Street are also proposed.
Concept Plan/Special Use Permit Application Comparison
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.
|
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January 24, 2007 Concept Plan Proposal |
Special Use Permit |
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Floor Area |
18,500 SF |
17,318 SF |
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No. of Buildings |
1 |
2 |
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No. of Vehicular Parking Spaces |
59 |
61 |
|
No. of Compact Parking Spaces |
19 |
7 |
Copies of the Town Council and Community Design Commission Summaries of Concept Plan Review and the applicant’s responses are attached.
Ordinance Requirements
Zoning: The Neighborhood Commercial zoning district allows
business office, business general (retail), and clinic uses. The proposed setbacks,
building height and proposed floor area comply with the proposed Neighborhood
Commercial - Conditional (NC-C) and Residential-1(R-1) zoning districts.
Intensity Standards (floor area): The applicant is proposing 17,318 square feet of office type business floor area, which is within the maximum permitted floor area of the Neighborhood Commercial zoning district.
Dimensional Standards (setbacks): The setbacks in the Neighborhood Commercial zoning district are a 24-foot street setback, an eight-foot interior setback and 11-foot solar setback. The application meets these requirements.
Dimensional Standards (height): In the Neighborhood Commercial zoning district, the maximum height limits for primary and secondary height are 34 (at the setback line) and 60 feet respectively. The proposal complies with the height requirements.
Access and Circulation
Vehicular Access: Vehicular access to the site is proposed in
the southern portion of the site off East Franklin Street. The driveway is
proposed to extend north to the rear of the site, behind the proposed building,
and to terminate in a 61-space parking lot.
Because East Franklin Street is located within the State right-of-way, the North Carolina Department of Transportation must approve all encroachments into the right-of-way. We have included our standard stipulation in Resolution A requiring NCDOT approval of, and encroachment agreements for, all work within the State right-of-way. NCDOT’s approval may include the new driveway cut, replacement of the existing curb cuts with standard curb and gutter and sidewalk replacement, new utility lines, storm drainage system and landscaping within the right-of-way.
Internal Cross Access: The applicant proposes access easements for future connections to the adjoining properties along East Franklin Street – one to the northeast, and the other to the southwest. One objective of the East Franklin Street Corridor Study, a component of the Comprehensive Plan, is the development of an internal circulation system among individual properties, which connects them into one access point. The Ballet School Special Use Permit did not provide a cross-access easement and the applicant has indicated that the Ballet School property owner is not amenable to a shared driveway at this time.
A future connection to The Ballet School property is proposed by this applicant approximately 50 feet into the site along the western property line. As with the connection to the property to the east, the site plan identifies this location as “proposed access easement area – reserved for future connection to adjacent property.” We agree with the applicant’s proposal to not construct this vehicular connection until the opportunity for this connection is more imminent. We believe it is appropriate to identify the location of a future access on the plans, as currently shown. We have included a stipulation in Resolution A requiring the provision of a cross access easement on the final plat, and that the plat be recorded at the Orange County Register of Deeds Office prior to issuance of a Zoning Compliance Permit.
Internal Pedestrian Access: Pedestrian access to the building is proposed with a sidewalk, extending north from the existing sidewalk along East Franklin Street. The site plan identifies a pedestrian connection from this property to The Ballet School property to the west.
Velma Road Pedestrian Access: We recommend installation of a sidewalk connection from this project’s parking lot to the Velma Road frontage. Such a connection would allow site users to walk to the nearby library and would allow residents of Velma Road a more direct pedestrian access to Franklin Street. We also recommend that the applicant construct a sidewalk along the Velma Road frontage, or, if grades preclude sidewalk installation, a concrete pad at the end of the pedestrian connection. Since the applicant does not support constructing a sidewalk on Velma Road, we recommend that at a minimum a payment-in-lieu for sidewalk construction be provided by the applicant so that a connection could be constructed at a later date. During their review of this project, the Planning Board and Community Design Commission recommended against a pedestrian connection.
We note that the Neighborhood Commercial zoning district definition states that this district is intended to provide for the development of low-intensity commercial and service centers that are accessible by pedestrians from the surrounding neighborhoods. We think that a pedestrian connection to Velma Road would fulfill the intent of connecting the new offices with the surrounding neighborhood. We have included a stipulation to this effect in Resolution A.
Franklin Street Pedestrian Access: Regarding pedestrian access at the Franklin Street frontage, we note that NCDOT has approved a pedestrian refuge island and crosswalk on East Franklin Street, in the vicinity of Couch Road. The exact location has not been finalized, but would be within a few hundred feet of the subject property. The Town has received partial funding and the design process has begun. The applicant has agreed to provide a $5,000 payment-in-lieu toward the installation of this pedestrian crossing. In the review of this proposal, the Planning Board felt this property’s frontage along East Franklin Street was not a safe place to cross the four lane road, and noted there was no sidewalk on this property’s Franklin Street frontage.
We believe it is appropriate for the applicant to contribute towards the crossing, as this improvement will help facilitate pedestrian connections to and from the site. In Resolution A, we have included as a requirement the $5,000 payment-in-lieu offered by the applicant as a contribution towards the planned pedestrian crossing of East Franklin Street at or near this development’s frontage.
Velma Road Curb Cut: The application proposes to close off the existing curb cut on Velma Road and to replace it with curb and gutter. We have included a stipulation in Resolution A that the existing curb cut be replaced with Town standard curb and gutter.
Vehicular Parking: Based on floor area of 17,318 square feet, the number of required parking spaces for office type business is a minimum of 50 spaces and a maximum of 69 spaces.
The applicant proposes 61 parking spaces, seven of which are compact spaces (the Design Manual states that compact spaces shall not exceed 20 percent of the total number of spaces). The application complies with the 20 percent limit. We have included a stipulation in Resolution A that the applicant comply with the parking requirements.
Handicapped Parking: The initial staff report to Advisory Boards noted that the applicant would need to comply with ADA requirements and that compliance with federal standards on handicap parking and access will be monitored by the NC Department of Insurance.
During the Advisory Board meetings the applicant pointed out that the state has adopted the NC Accessibility Code, which is used as a compliance tool for the federal ADA. The NC Accessibility Code is enforceable by local building inspectors, while the ADA is not. We agree that the applicant will need to comply with the requirements of the North Carolina Accessibility Code. This change has been incorporated into Resolution A.
Bicycle Parking: The number of required bicycle parking spaces is seven, which is the number that the applicant proposes. We have included a stipulation to this effect in Resolution A.
Two Class I bicycle parking spaces are proposed under the staircase at the front of the building, and three covered bicycle racks (Class II) are proposed between the building and the parking lot.
Traffic Impact: This project was exempt from the requirement for a Traffic Impact Analysis. The proposed application is expected to generate approximately 200 vehicle trips and met the Town’s Traffic Impact Analysis Guidelines for an exemption.
Transportation Management Plan: We recommend, and have included a stipulation in Resolution A, that a Transportation Management Plan be developed according to the Town’s Transportation Management Plan Guidelines and approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that the plan be updated and approved on an annual basis.
Landscape and Architecture
Buffers: Following are the Land Use Management Ordinance
standards for landscape bufferyards on this site, and the bufferyards proposed
by the applicant:
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Location |
Bufferyard Required |
Proposed Bufferyard |
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Western property line (along Ballet School) |
10 ft Type B |
20 ft Type B (shared) |
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Western property line, southern portion |
10 ft. Type B |
20 ft Type C |
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Southern property line (E. Franklin St.) |
30 ft. Type D |
30 ft Type D (alternate) |
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Eastern property line |
10 ft. Type B |
10 ft Type B |
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Northeastern property line |
20 ft. Type C |
30 ft Type C |
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Northern property line |
20 ft. Type C |
30 ft Type C |
A 20-foot buffer is required along the western property line, adjacent to the Ballet School property. The Ballet School property to the west has provided a 10-foot wide bufferyard along this common property line. The combination of The Ballet School bufferyard and the 10-foot buffer on this property would result in the required 20-foot bufferyard. We believe that the minimum number of plantings for a Type B bufferyard can be achieved within this 20-foot area. We have included a stipulation in Resolution A that a Type B landscape bufferyard be provided along this property line, and that the plantings within the existing bufferyard on the adjacent property may be included to achieve the planting requirement.
The application also proposes a 30-foot wide alternative Type D landscape bufferyard along the East Franklin Street frontage of the site. A 30-foot Type D buffer would require 13 large trees, 27 small trees, and 90 shrubs. The applicant proposes 8 large trees, 12 small trees, and 66 shrubs. In order to preserve significant trees in this area, the applicant requests an alternative buffer. We recommend that the Council approve an alternative buffer for reduced planting requirements, with the condition that the Community Design Commission approve the final details of the alternative buffer. We have included a stipulation to that effect in Resolution A.
Additional Trees: We recommend that several crape myrtle trees, of the Biloxi variety, be installed near the East Franklin Street sidewalk, in locations to be approved by the Town Manager. We have included this stipulation in Resolution A.
Landscape Protection Plans: We have included our standard stipulation in Resolution A requiring Town Manager approval of a Landscape Plan, including landscape maintenance schedule, prior to issuance of a Zoning Compliance Permit.
We recommend that a note be added to the Final Plans indicating that tree protection fencing will be installed prior to demolition of the existing buildings on the site. We have included our standard stipulation in Resolution A requiring Town Manager approval of a Landscape Protection Plan, including this note, prior to issuance of a Zoning Compliance Permit.
Landscape Screening and Shading Plan: In addition to buffer requirements, we note that the applicant’s proposal must meet ordinance landscaping standards from the following sections of the Land Use Management Ordinance:
We have included stipulations requiring compliance with these requirements in Resolution A.
Building Elevation, Lighting, and Alternative Buffer Plans: We recommend that detailed building elevations, lighting plans, and alternative buffer 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 A) upward light pollution and B) offsite spillage of light. We have included a stipulation to this effect in Resolution A.
Environmental
Watershed Protection District: The proposed development is
located outside of the Watershed Protection District.
Resource Conservation District: No portion of the proposed development lies within the Resource Conservation District.
Stormwater Management: We have included our standard stipulations in Resolution A requiring Town Manager approval of a Stormwater Management Plan, based on a 25-year storm, prior to issuance of a Zoning Compliance Permit for this development.
Energy Management: 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 has submitted an application to rezone a portion of the site to Neighborhood Commercial- Conditional (NC-C).
We continue to discuss the Energy Management Plan with the applicant. We have included our standard Energy Management Plan stipulation in Resolution A.
Erosion Control: We recommend that an erosion and sedimentation control plan (including provisions for maintenance of facilities and modification of the plan if necessary) be approved by the Orange County Erosion Control Officer, and a copy of the approval provided to the Town Manager, prior to the issuance of a Zoning Compliance Permit. We have include this standard stipulation in Resolution A.
Utilities and Service:
Utility Plans: We have included our standard stipulation in
Resolution A that the detailed utility plans be reviewed and approved by OWASA,
Duke Energy, AT&T, Public Service Company, Time Warner Cable and the Town
Manager prior to issuance of a Zoning Compliance Permit.
Sewer Line Construction: We recommend all plans be approved by OWASA and constructed according to their standards. Where sewer lines are located beneath drive aisles and parking areas construction methods approved by OWASA shall be employed, to ensure that sewer lines will not be damaged by heavy service vehicles. Final plans must be approved by OWASA and the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Overhead Power Lines: We recommend that all proposed or relocated utility lines other then 3-phase electric power distribution lines be located underground. We have included a stipulation to this effect in Resolution A.
Miscellaneous
Construction Start/Completion
Deadline: The standard
construction start/completion deadline stipulation requires that an applicant
begin construction within two years of Council approval and complete
construction within three years of Council approval. The applicant is requesting
that the Council amend the stipulation and increase the construction start
deadline to three years and the completion deadline to four years to allow the
developer flexibility in the current economic climate.
The Planning Board and the Community Design Commission recommends that the Construction Deadline stipulation be amended as requested by the applicant.
We agree the additional year for construction start and end dates is reasonable, given the uncertain economic conditions.
Construction Management and Traffic and Pedestrian Control Plans: We recommend that a Construction Management Plan and Traffic and Pedestrian Control Plan be 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.
Open Burning: We have included a stipulation in Resolution A that prohibits open burning.
Refuse Management: The application identifies a refuse/recycling collection area in the eastern portion of the proposed parking lot. Refuse and recycling collection services are proposed to be provided by the Town of Chapel Hill and Orange Community Recycling.
We recommend that all drive aisles accessing the proposed refuse/recycling area be constructed of heavy-duty pavement, and have included this stipulation in Resolution A.
Solid Waste Management Plan: We have included our standard stipulation in Resolution A requiring Town Manager approval of a Solid Waste Management Plan prior to issuance of a Zoning Compliance Permit.
Demolition Plan: The existing dwelling units on the site are proposed to be demolished. If the applicant’s construction plans include a phasing plan that delays the construction of the proposed building following the demolition of the existing dwelling unit, then a Demolition Plan will be required as well as plans for the stabilization of the site during and following demolition. A stipulation has been included in Resolution A requiring a Demolition Plan. We have also included a stipulation requiring the applicant to work with Orange County Solid Waste staff regarding demolition of the existing structure to maximize recycling of demolition waste.
Fire:We have included our standard stipulation in Resolution A that a fire flow report, showing that flows meet the minimum requirements of the Design Manual, be submitted for review and approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
Comprehensive Plan: The East Franklin Street Corridor Study was adopted October 14, 1991 as a component of the Town’s Comprehensive Plan, and applies to this property. A copy of the study is provided as Attachment 4. The study was revised (to include an expanded geographical area) on October16, 1996. Objectives of the 1991 study include:
“The R-1 zoning strip remains at the small frontage on Velma. The site plan enhances the vertical drop currently existing at the rear of the site by use of a retaining wall to create a lowered, less visible parking lot from Velma. This change in topography, along with maintaining existing vegetation along the eastern boundary serves to buffer the neighbors.” – Applicant’s Statement of Justification
Two of the strategies for this objective are to minimize curb cuts onto Franklin Street, and to provide pedestrian crosswalks across Franklin Street. Although this application does not include a pedestrian crosswalk and it adds a curb cut to Franklin Street, the applicant is offering a $5,000 payment-in-lieu for a pedestrian crossing on Franklin Street, and has indicated that:
“This project combines two properties, which currently have three points of access to Franklin Street, and creates one access point.” – Applicant’s Statement of Justification
“Although the intent of the Small Area Plan was to encourage more pedestrian activity, the uses constructed since adoption of that plan have been anti-pedestrian. Thus far, with the development along Franklin Street of the Dance School, Barbara Hershey's building and Franklin Park, no commercial or retail activity has been generated. And all those projects were built after this study. There are both office and residential occupants creating auto trips along Franklin Street because there are few pedestrian destinations in close proximity other than Appleby’s or Il Palio. It is the intent of this project to create additional office square footage to blend with the surrounding office and residential neighborhood in a harmonious and inviting manner.” – Applicant’s Statement of Justification
“The building sets the character for the site. Maintaining the mature trees as a front for the building gives the appearance that the building has been there as long as the trees. The design of the building allows for a pedestrian experience throughout the site. Beginning at Franklin Street a footpath connects the street to an internal courtyard, followed by the building lobby, and finally a well landscaped patio adjacent the parking area. The articulation and massing of the building into two wings further blends the building with its site.” – Applicant’s Statement of Justification
The 1991 study includes an Illustrative Plan which features the consolidation of development in the area of the proposed development, as well as adjacent properties. The plan incorporates parking behind buildings, a single access to Franklin Street, and the protection of landmark trees. The plan currently proposed for 1609 East Franklin Street incorporates two out of three of these design elements (parking behind buildings and protection of landmark trees). It does not, however, include a single access to East Franklin Street. As noted earlier, the applicant is providing cross-access easements to facilitate future connections to the adjacent properties. Further, the Ballet School Special Use Permit approval did not mandate or provide an access easement for future shared access.
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 rezoning noted previously.
CONCLUSION
Based on information available at this stage of the application review process, we believe that the proposal, with the rezoning of a portion of the site to Neighborhood Commercial-Conditional zoning and the conditions in Resolution A, meets the requirements of the applicable sections of the Land Use Management Ordinance and Design Manual, and that the proposal fulfills the purposes of the Comprehensive Plan.
Resolution A would approve the application with conditions.
Resolution B would deny the application.