AGENDA #11

 

REPORT OF MAYOR’S MONTESSORI COMMITTEE

 

TO:                  Mayor and Town Council

 

FROM:            Council Member Flicka Bateman, Chair

                        Council Member Mark Kleinschmidt

                        Council Member Dorothy Verkerk

                        Council Member Edith Wiggins

 

SUBJECT:       Recommended Statement of Principles and Goals for Proposed Expansion of Montessori Community School

 

DATE:             November 24, 2003

 

 

This report offers observations and recommendations to the Town Council as the Council considers providing feedback to the Montessori Community School regarding its plans for expansion.  We recommend that the Council adopt the attached resolution, which would forward these comments to the School.

 

BACKGROUND

 

On October 20, 2003, the Council considered a Concept Plan proposing expansion of the Montessori Community School, located on Pope Road in Chapel Hill.  That evening the Council heard from Montessori School representatives, and also from residential neighbors who live adjacent to or near the school.  A number of concerns were expressed by neighbors, and the Council asked the Mayor to appoint a Mayor’s Committee to conduct further discussions.

 

The Mayor’s Committee has met with representatives of the School and with neighborhood representatives, first separately and then jointly.  The Committee has also received information from Town staff, in the Planning and Engineering Departments.  Following review of information presented to the Council on October 20, additional information provided by staff, and discussion with School and neighborhood representatives, the Committee prepared this report to the Council.

 

This report is organized as follows:

 

·        Brief Description of and History of the Site

·        Observations and Comments on Existing Conditions

·        Summary of Proposed Expansion

·        Recommended Principles to Consider in Preparation of a Future Application

 

DESCRIPTION AND HISTORY OF SITE

 

The subject property is located on the west side of Pope Road, in the Durham County portion of Chapel Hill.  To the south are residences that front on Newton Drive.  To the west are residences that front on Colony Woods Drive.  To the north are residences that front on Roper Lane.   The attached Map 1 shows the site in its context.

 

The first buildings of the Montessori Community School were built while the property was in Durham County’s jurisdiction.  Chapel Hill subsequently annexed this area, and an expansion of the School’s facilities was approved by the Chapel Hill Planning Board in 1995.  

 

A ridge line runs through the middle of the site, from northwest to southeast.  The southern third of the site drains to the south, with stormwater runoff exiting the site in its southwest corner and moving to a culvert under Colony Woods Drive.  The northern 2/3 of the site drains to the north, with stormwater exiting the site and moving through a culvert under Roper Lane.  Map 1 illustrates these drainage patterns.  The entire site slopes down and away from Pope Road.

 

In the early 1990’s, the Council heard concerns from neighbors along the east side of Colony Woods Drive, describing severe flooding problems. In response, the Council authorized improvements that (1) enlarged the culvert under Colony Woods Drive so as to pass more water more quickly, and (2) shaved down the elevation of Colony Woods Drive at that low location, so as to facilitate the overflow of stormwater over the street (helping to minimize backup on lots on the east side of the street). 

 

In 1995, the School proposed an expansion of its facilities, to add classrooms and play fields.  This was the first development on the site that was reviewed by the Town.  Town regulations at that time called for stormwater detention to control the rate of runoff during the 10-year storm event.  Two detention basins were designed and constructed as part of that Planning Board approval:  one in the southeast corner, and one near the northern property line.  Neighbors appeared before the Planning Board at that time to object to the expansion for reasons of stormwater runoff and the nearness of facilities to properties to the south.  School representatives pointed out at that time that the proposed expansion met all Town regulations, and that as a Site Plan Review by the Planning Board, meeting regulations was the only test for approval.  The Board approved the expansion with conditions requiring the two detention basins and a 20’ buffer along the southern property line in the vicinity of the proposed expansion.  A Planting Plan was approved for area within the buffer.

 

In 2002, the School brought forward a Concept Plan for review by the Community Design Commission, proposing additional expansion of facilities.  The Concept Plan review was intended to be the first regulatory step in pursuit of a Council-approved Special Use Permit for the expansion. 

 

In January 2003, the Town Council adopted a new Land Use Management Ordinance, requiring Council review of a Concept Plan for development sites greater than 5 acres in size.  The School revised its earlier Concept Plan and the Council reviewed the Plan on October 20, 2003.

 

OBSERVATIONS AND COMMENTS ON EXISTING CONDITIONS

 

Following is a summary of comments offered to the Committee regarding existing conditions on the site:

 

Stormwater 

 

Neighbors state that stormwater conditions in the area, particularly along Colony Woods Drive, worsened when the Montessori School was first constructed.   We note that the School was constructed under Durham County regulations which, at that time, did not contain provisions for ongoing, permanent management of stormwater runoff. 

 

Neighbors state that stormwater conditions worsened again when the School expanded in 1995.  We note that Chapel Hill required ongoing, permanent detention basins at that time to control runoff from the 10-year storm.  Town staff report that the basins that were built are operating at that standard - - the post-development rate of runoff does not exceed the pre-development rate of runoff for the 10-year storm.  However, as the Council knows, we have as a community determined that this standard is not sufficient to protect neighboring properties from the stormwater impacts resulting from new development.  Today’s standards are much higher.  School representatives and neighbors have had numerous discussions over the years regarding stormwater runoff, and the school has periodically performed maintenance on the site’s stormwater facilities. However, concerns about flooding persist.

 

For the Colony Woods Drive residences, stormwater runoff comes not only from the Montessori site.  Map 1 indicates that the Montessori site comprises about 25% of the drainage basin from which water flows to the critical Colony Woods Drive culvert.  All water flows from Pope Road west.  Newton Drive and the Newton Drive residential properties run off into this culvert, as does stormwater from the nearby Ephesus Baptist Church site.  (We note that clearing has recently taken place on the church site).

 

A current problem exists at the existing southern drainage basin.  Recent maintenance lowered the bottom of the basin below the outlet structure, resulting in standing water in the basin.  Neighbors have expressed concerns about mosquitoes.  This problem (i.e., over-excavation) can and should be corrected before further development on the site occurs.

 

Buffers

 

Existing buffers are minimal along the southern property line of the Montessori Community School.  This has caused problems and concerns for residential neighbors along Newton Drive.  Along the eastern part of the southern property line, the buffer is non-existent in some spots (in the portion originally approved by Durham County). 

 

Required plantings within the 20-foot southern buffer are missing.  We are pleased to note that, in response to concerns of adjacent property owners, trees along the School’s southern property line that were damaged by ice storms and were leaning over residential properties have now been removed by the School as requested.

 

Western, northern, and eastern property lines of the school are all lined with substantial natural vegetation that serves to screen School facilities and activities from adjacent residential properties.

 

SUMMARY OF PROPOSED EXPANSION

 

The Concept Plan presented to the Council proposes the following expansions of facilities at the Montessori Community School:

 

 

The proposed new buildings are on the interior of the site, away from property boundaries.  The proposed ball fields would be in the western part of the site, with associated clearing and grading to within 20-feet of the western property line.  Two stormwater management facilities are proposed, a combination of detention/retention ponds and constructed wetlands.  One would be in the southwest corner of the site, with grading to within 20’ of the property line and a new rip-rap pad on the property line; the second would be in the northern part of the site, with clearing/grading to within 20-feet of the property line and a new rip-rap pad on the property line.

 

Stormwater facilities are proposed to meet and exceed current Town standards.  The facilities will be designed to control for both the 2-year storm event and the 100-year storm event.  Both rate of runoff and volume of runoff are required to be held to pre-development levels (which, according to regulations, would mean today’s conditions).  School officials have indicated an intent to consider the pre-development condition to be a vacant, undeveloped site, the state in which the property existed prior to the first Montessori building.  This approach to stormwater management would result in a substantial improvement over current conditions.

 

PRINCIPLES TO CONSIDER IN PREPARATION OF AN APPLICATION

 

We understand that the next step in this process is for the School to prepare and submit an application for a Special Use Permit. 

 

We offer the following principles for the Council’s review, and recommend that the Council endorse this set of Principles (possibly with revision, as the Council deems appropriate), to forward to the School for consideration as the application is being prepared.


 

Stormwater

 

We commend the School for approaching stormwater management in a manner that will result in an improvement of current conditions for downstream properties.  We suggest that these principles be considered as stormwater solutions are prepared:

 

  1. Stormwater management facilities shall be designed to control for storm events, controlling for rate, volume, and quality as specified in Town regulations.  Post-development volume of runoff shall not exceed pre-development volume for the 2-year storm.  Post-development rate of runoff shall not exceed pre-development rate for the 100-year storm.

 

  1. The School shall commit to a proposal offered by school officials, that stormwater calculations for the “pre-development” condition shall be based on the assumption of an undeveloped site (not the site as it exists today). 

 

  1. The School shall agree to pay a fee to the Town for the Town to arrange for an independent evaluation of the School’s stormwater management strategies and designs, performed by a stormwater engineer familiar with constructed-wetlands technologies.  The Town shall select the professional(s) for this evaluation, with opportunity for School representatives and neighborhood representatives to have input on the selection.

 

  1. The Site Design for the expansion shall route or re-route all water and sewer lines such that none are beneath stormwater management facilities.

 

  1. The Site Design for the expansion shall be adjusted so that more room for undisturbed land can be left between the proposed stormwater management facilities and adjacent residential properties.  (See “buffer” discussion below for more detail.)

 

  1. In preparing a stormwater management strategy, the School shall investigate the feasibility of channeling parking lot runoff east to Pope Road.

 

  1. Close attention shall be paid to sedimentation and erosion control measures during construction, including preparation of a plan for monitoring and maintenance of erosion control devices beyond that normally required.

 

  1. The School shall prepare specific plans for professional, ongoing monitoring and maintenance of stormwater management facilities after construction is complete, with record-keeping mechanisms that will facilitate review of compliance.

 

  1. The School shall prepare maintenance plans, covenants, and easements as required by the Town’s Land Use Management Ordinance to demonstrate capacity to maintain stormwater facilities, as a condition of approval of a Special Use Permit.

 

Buffers

 

We do not believe that 20-foot buffers are adequate as the new facilities are constructed and operated.  We recommend that the following design principles be considered as the Special Use Permit application is prepared:

 

  1. The School shall supplement vegetation and fencing along the southern property line to create an effective buffer from adjacent residential properties.  Plans for this area should include a revision of the 1995 planting plan with vegetation that will thrive in an existing wooded setting and grow to provide meaningful screening, supplemented with fences and removal of the existing playground areas within 20 feet of the property line.  Accomplishing this objective may require requesting a revised buffer plan approval from the Community Design Commission.  Plant and fence selections should be made after consultation with neighbors. 

 

  1. The School shall prepare a detailed plan indicating how ongoing professional maintenance of required plantings will be achieved.

 

  1. The Site Plan shall be adjusted to provide 40-60 foot buffers  along the western and northern boundaries of the site.  40 feet of undisturbed land shall be reserved along the western and northern property lines.  The remaining 20 feet of the 60-foot buffer shall be reserved for grass, wetland plantings, and passive uses.  This 60-foot buffer may be penetrated at right-angles where needed for utility line construction or stormwater outlet devices.  Proposed new rip-rap pads should be located at least 20-feet away from property boundaries.

 

  1. The Site Plan shall be adjusted to move the proposed new driveway abutting the eastern property line.  This driveway cannot be placed within the buffer.

 

  1. The plan for buffers shall include measures to mitigate light and noise impacts on adjacent residential properties.

 

Additional Principles

 

  1. Repairs to the existing southern buffer (supplementing vegetation and fences) and repairs to the southern drainage basin (raising the bottom of the basin) should be undertaken immediately, regardless of the timing for pursuing a Special Use Permit application.

 

  1. The playing fields shall not be lighted for nighttime use.

 

  1. All outside HVAC units shall comply with current noise ordinance provisions.

 

  1. The Town Council shall consider a request for restricting parking along public streets in the vicinity of the School, if such a request is presented by neighbors.

 

  1. In the design of stormwater facilities and constructed wetlands, and in the plan for maintenance of these facilities, special attention shall be given to designs and methods to assure that new mosquito habitats are not created.   The current problem of over-excavation of the southern basin should be corrected prior to next summer.

 

RECOMMENDATION

 

We recommend that the Town Council adopt the attached Resolution, endorsing this set of Principles for consideration by the Montessori Community School as it prepares a Special Use Permit for the Council’s consideration.

 

We also commend the School for suggesting a process by which School officials and neighbors can meet on a regular, ongoing basis to facilitate communication, both during this application and construction process and subsequent to construction.

 

ATTACHMENTS

 

  1. Map 1, showing site, context, and drainage patterns (p. 11).
  2. Map 2, showing development proposed by School (p. 12).

A RESOLUTION ENDORSING A SET OF PRINCIPLES TO BE CONSIDERED IN PREPARING A SPECIAL USE PERMIT APPLICATION FOR EXPANSION OF THE MONTESSORI COMMUNITY SCHOOL (2003-11-24/R-16)

 

WHEREAS, the Montessori Community School has planned an expansion of its facilities and presented a Concept Plan to the Town Council; and

 

WHEREAS, the Town Council has, through a Mayor’s Committee, engaged School and neighborhood representatives in discussion about existing conditions and proposed plans;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses the following set of principles with a request that the Montessori Community School incorporate these ideas into the design of a Special Use Permit application:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BE IT FURTHER RESOLVED that in addition to the above recommendations related to stormwater and buffers, the Council encourages the Montessori Community School to take steps to minimize and mitigate noise and light impacts on adjacent residential properties that result from existing and proposed facilities.

 

This the 24th day of November, 2003.