PROCEDURAL BACKGROUND

On January 27, 2003, the Council enacted a Land Use Management Ordinance requiring that the Council conduct a Concept Plan Review for proposed development meeting specific land or floor area thresholds.  Applications (other than in Town Center) meeting any of the minimum thresholds as shown below require Town Council review in addition to Community Design Commission review:

Characteristic                           Threshold Triggering Council Review

Land Area                                            5 acres

Floor Area                                           100,000 square feet

# of Dwelling Units                               50 dwelling units

The Council has the opportunity tonight to hear this applicant’s presentation, receive as set of comments from the Community Design Commission, hear public comment, and offer suggestions to the applicant for consideration as further plans are drawn.  At the conclusion of the evening’s discussion, we recommend that the Council adopt a resolution (attached) transmitting comments to the applicant.

An excerpt from the Land Use Management Ordinance with a description of the process for Concept Plans is attached.

The Concept Plan review process does not involve staff evaluation of the proposal.  Review of the Concept Plan submitted is conducted by the Community Design Commission and, in some instances, the Town Council, as noted above.

ELEMENTS OF REVIEW

A Concept Plan is a preliminary step toward preparation of a formal development plan and application.  The Land Use Management Ordinance states that design and construction of site elements should include:

·          Appropriate descriptions and explanations of the relationships and balances among site elements;

·          The relationship of the development to natural features, neighboring developments and undeveloped land;

·          Access and circulation systems;

·          Retention of natural vegetation, minimal alteration of natural topography, mitigation of erosion and sedimentation, mitigation of stormwater drainage and flooding;

·          Arrangement and orientation of buildings and amenities in relation to each other and to neighboring developments and streets;

·          Landscaping, preservation or enhancement of vistas; and

·          Mitigation of traffic impacts.

The Town Council and Community Design Commission, in examining development applications, are to consider the various aspects of design, with special emphasis on whether the proposed development is consistent with the Town’s Design Guidelines and the Goals and Objectives of the Town’s Comprehensive Plan.  A work sheet for review of Concept Plans is attached for the Council’s use with this memorandum (Attachment 2).

BACKGROUND

March 9, 1970 - the Board of Aldermen approved a Special Use Permit.

December 8, 1975 - the Board of Aldermen approved a Special Use Permit Modification.

December 11, 1978 – the Board of Aldermen approved a Special Use Permit Modification.

May 12, 1986 - the Town Council approved a Special Use Permit Modification.

July 13, 1987 – the Town Council approved a Special Use Permit Modification.

November 13, 1997 – the Town Council approved a Special Use Permit Modification.

This Concept Plan was reviewed by the Community Design Commission on November 19, 2003.  A copy of the Commission’s comments is attached to this memorandum (Attachment 3).

DESCRIPTION OF THE APPLICATION

This Concept Plan proposes to modify a previously approved Special Use Permit for the following changes:  a) expansion of the 1997 Special Use Permit boundary by encumbering the adjacent Bank of America site; b) demolishing 17,530 square feet of floor area including the bank, a house, and a service bay area; c) construction 67,620 square feet of new floor area; d) installing improvements along Old Durham-Chapel Hill Road and the Fordham Boulevard service road; and e) rezoning a portion of the site from Neighborhood Commercial (NC) to Community Commercial (CC).    

The Land Use Plan, a component of the Comprehensive Plan, identifies this site as Commercial.  The northern portion of the site is located in the Community Commercial (CC) zoning district.  The southern 1.3-acre parcel, on the south side of Old Durham-Chapel Hill Road, is zoned Neighborhood Commercial (NC) and is proposed to be rezoned as part of this Concept Plan.  The property is located within the Town limits and the Town Urban Services Area.  The property is located in Orange County.

A Concept Plan for this site was reviewed by the Community Design Commission on November 19, 2003.  A copy of the Concept Plan is attached to this memorandum (Attachment 5).  The Concept Plan before the Council is the same plan reviewed by the Community Design Commission.

RECOMMENDATION

We recommend that the Council review this Concept Plan, receive comments from citizens, and adopt a resolution transmitting comments to the applicant.

ATTACHMENTS

1. Excerpt from Land Use Management Ordinance of Concept Plan procedures (p 5).
2. Worksheet for Concept Plan Review (p. 8).
3. Special Use Permit Modification – November 13, 1997 (p. 10).
4. Summary of Community Design Commission Concept Plan Review Comments (p 13).
5. Concept Plan application materials (p 16).
6. Letter from Paulette Pridgen (p. 22).
7. Aerial photo of site and surrounding area (p. 23)
8. Reduced Plans (p. 24).

A RESOLUTION TRANSMITTING COUNCIL COMMENTS ON A CONCEPT PLAN FOR THE PERFORMANCE BMW/HENDRICK AUTOMOTIVE GROUP (2004-02-16/R-2)

WHEREAS, a Concept Plan has been submitted for review by the Council of the Town of Chapel Hill, for the Performance BMW/Hendrick Automotive Group; and

WHEREAS, the Council has heard presentations from the applicant and citizens; and

WHEREAS, the Council has discussed the proposal, with Council members offering reactions and suggestions;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council transmits comments to the applicant regarding this proposal, as expressed by Council members during discussion on February 16, 2004, and reflected in minutes of that meeting.

This the 16^th day of February, 2004.