to: Roger L. Stancil, Town Manager
from: J.B. Culpepper, Planning Director
Gene Poveromo, Development Manager
subject: Public Hearing: 1609 East Franklin Street - Application for Special Use Permit
date: January 21, 2008
Attached for your consideration is an application from Coulter Jewell Thames for a Special Use Permit to allow construction of an office building on a 1.9-acre site located on the north side of East Franklin Street approximately 470 feet west of Elliott Road, and in the Residential-1 (R-1) and Residential- 5 (R-5) zoning districts. The property is identified as Orange County Parcel Identifier Number 9799-04-7995.
Accompanying this application is a Zoning Atlas Amendment application requesting to rezone all of the Residential-5 (R-5) portion of the site, and part of the Residential-1 (R-1) portion of the site to Neighborhood Commercial Conditional (NC-C) . Please refer to the accompanying memorandum for a discussion of the proposed rezoning. The recommendations in the attached staff report are made with the assumption that the Neighborhood Commercial Conditional (NC-C) zoning district is applied to this property.
Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of the Special Use Permit application.
The application proposes construction of a 17,318 square-foot building 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.
During staff and advisory board review we identified the following key issues related to this project:
Velma Road Pedestrian Connection and Sidewalk: The initial application did not include a pedestrian connection to Velma Road. We recommend such a connection to allow site users to walk to the nearby library and to 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.
The applicant has agreed to make such a payment-in-lieu. However, the Planning Board and Community Design Commission recommended against a pedestrian connection. Regarding pedestrian flow from Velma Road to East Franklin Street, 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 frontage.
Comment: We note that the Neighborhood Commercial zoning district definition states that it 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 would fulfill the intent of connecting the new offices with the surrounding neighborhood. We have included a stipulation to this effect in Resolution A.
The Land Use Management Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Town standards; we have presented a report to the Planning Board; and tonight we submit our report and preliminary recommendation to the Council.
We have evaluated the application regarding its compliance with the standards and regulations of the Town’s Land Use Management Ordinance. Based on our evaluation, our preliminary assessment is that the application, as submitted with the conditions included in Resolution A, complies with the regulations and standards of the Land Use Management Ordinance and Design Manual, if the property is rezoned to the Neighborhood Commercial- Conditional (NC-C) district.
Tonight the Council receives our attached evaluation and information submitted by the applicant. The applicant’s materials are included as attachments to this memorandum. All information that is submitted at the hearing will be included in the record of the hearing. Based on the evidence that is submitted, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit. The four findings are:
Special Use Permit – Required Findings of Fact
Finding #1: 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;
Finding #2: That the use or development would comply with all required regulations and standards of the Land Use Management Ordinance;
Finding #3: 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
Finding #4: That the use or development conforms to the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.
Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application.
We have attached Resolution A and Resolution B to approve and deny the application respectively. Resolution A, to approve the application, includes standard conditions of approval as well as special conditions, incorporating input from all Town departments involved in the review of this application. We recommend that the Council consider these conditions in the context of making the four findings necessary to approve the application.
Planning Board: The Planning Board met on November 4, 2008 and voted 6-0 to recommend that the Council approve the Special Use Permit application with Resolution A, attached to the Advisory Board memorandum, with the following changes:
1. Construction deadline: That construction start date be three years from the date of Council approval and be completed by four years from the date of Council approval.
Staff Comment: We agree that adding one additional year to the construction start and end dates is reasonable, given current economic conditions. We have revised Resolution A to reflect new construction deadlines.
2. Handicapped parking: That the applicant complies with the handicapped parking requirements of the North Carolina Accessibility Code.
Staff Comment: We agree that compliance should be with the NC Accessibility Code, adopted by the state and enforceable by our building inspectors, rather than the federal ADA. We have revised Resolution A to reflect this change.
3. Velma Road pedestrian connection: That the stipulation requiring the applicant to provide a pedestrian connection to Velma Road be deleted.
Staff Comment: For additional information on this matter please refer to the Discussion section of this memorandum. A copy of the Summary of Planning Board Action is attached to this memorandum.
Transportation Board: The Transportation Board met on November 13, 2008 and voted 7-0 to recommend that the Council approve the Special Use Permit application with Resolution A, attached to the Advisory Board memorandum.
A copy of the Summary of Transportation Board Action is attached to this memorandum.
Community Design Commission: The Community Design Commission met on November 12, 2008 and voted 10-0 to recommend that the Council approve the Special Use Permit with Resolution A, attached to the Advisory Board memorandum, with the same changes recommended by the Planning Board:
1. Construction deadline: That construction start date be three years from the date of Council approval and be completed by four years from the date of Council approval.
Staff Comment: We agree that adding one additional year to the construction start and end dates is reasonable, given current economic conditions. We have revised Resolution A to reflect new construction deadlines.
2. Handicapped parking: That the applicant complies with the handicapped parking requirements of the North Carolina Accessibility Code.
Staff Comment: We agree that compliance should be with the NC Accessibility Code, adopted by the state and enforceable by our building inspectors, rather than the federal ADA. We have revised Resolution A to reflect this change.
3. Velma Road pedestrian connection: That the stipulation requiring the applicant to provide a pedestrian connection to Velma Road be deleted.
Staff Comment: For additional information on this matter please refer to the Discussion section of this memorandum.
A copy of the Summary of the Community Design Commission Action is attached to this memorandum..
Bicycle and Pedestrian Advisory Board: The Bicycle and Pedestrian Advisory Board met on November 25, 2008 and voted 8-0 to recommend that the Council approve the Special Use Permit with Resolution A, attached to the Advisory Board memorandum.
A copy of the Summary of the Bicycle and Pedestrian Advisory Board Action is attached to this memorandum.
Preliminary Staff Recommendation: The following stipulations were added to Resolution A, or amended, following Advisory Board review.
Construction Deadline: That construction begin by three years from the date of Council approval and be completed by four years from the date of Council approval.
Handicapped Parking: That the applicant comply with the requirements of the North Carolina Accessibility Code.
Following tonight’s Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application. Our preliminary recommendation is that the Council open the Public Hearing and receive evidence in support of and in opposition to the 1609 East Franklin Street Special Use Permit application. We will return to the Council with a recommendation for action after the Council has received public comment this evening and reconvened the hearing.
Resolution A would approve the application and can be adopted, if the Council approves the associated rezoning request and pending amendment to the zoning district.
Resolution B would deny the application.
[Differences among Recommendations]
[See also Manager’s Memorandum]
