SUMMARY OF PLANNING BOARD ACTION

Subject:                       Olin T. Binkley Memorial Baptist Church - Application for Special Use Permit   

Meeting Date:                        April 6, 2004

Key Issue:                  The Planning Board expressed concern with the proposal for a new access driveway onto the University Mall-Harris Teeter driveway.  This proposed access and driveway improvement is located on the Mall property and is stipulated as a required improvement if the two property owners agree, in the 2002 University Mall Special Use Permit.

In particular the Board was concerned that there did not appear to be any stipulated guarantee in the Mall’s Special Use Permit, or the applicant’s proposal, that the property owners would work cooperatively on this matter.  The Board recommended that the Council recognizes this topic as a key issue and find a solution or stipulation that results in the construction of this improvement.  The Board encouraged the applicant and staff to continue to work with the University Mall owners on this matter.  The Board also encouraged the applicant to appear at the April 14, 2004 Public Hearing with a Mall representative to answer Council’s questions.    

Recommendation:      That the Council approve the Special Use Permit for the Olin T. Binkley Memorial Baptist Church with adoption of Resolution A, as recommended in the Staff Report dated April 6, 2004, subject to the following changes (changes shown in bold text).

1. Construction Completion Date (stipulation #1): Since the applicant anticipates a long build out schedule, change construction completion date from three years to ten years after approval date.

2. Elimination of Curb-Cut and Gravel Drive in NCDOT Right-of-Way (along Fordham Boulevard) (stipulation #3):  Stipulate that the improvements within NCDOT right-of-way shall be constructed, if the applicant can obtain an encroachment agreement from NCDOT.

3. New Curb-Cut on Willow Drive (stipulation #5): Allow full access at the new curb cut by replacing the current stipulation with the following text:  That the new curb-cut on Willow Drive shall be designed and constructed for full access initially.  Prior to the issuance of a Zoning Compliance Permit, the design and construction details of this new access shall be reviewed and approved by the Town Manager.  The Town Manager shall conduct a before/after traffic analysis one year after completion of the construction of the driveway and, if deemed necessary by the Town Manager, the applicant shall revise the driveway access to a right-in/right-out only driveway.  The design and construction details of the right-in/right-out driveway shall be reviewed and approved by the Town Manager.

4. Elimination of the Curb-Cut and Driveway near University Mall Driveway (stipulation #7): Permit greater flexibility to the applicant’s construction timetable by stipulating that installation of new curb, gutter and sidewalk near the University Mall Driveway shall occur within 6 months after the reconstructed Mall driveway is completed or within 2 years of Council approval date, whichever occurs later.

5. Stormwater Management Plan (stipulation #22): Permit construction of the proposed rain gardens, within the Significant Tree Stand area by replacing the last sentence in the first paragraph with the following statement: That except for land disturbance associated with the installation of the proposed rain gardens, as shown by Attachment #16, land disturbance associated with stormwater management, within the Significant Tree Stand area approved on the Final Plans, shall be prohibited.

Vote:        10-0

Aye: Timothy Dempsey (Chair), Coleman Day (Vice-Chair), Donna Bell, Rebecca Boyles, Julie Coleman, Thatcher Freund, Nancy Gabriel, Suzanne Haff, Nancy Milio, Ruby Sinreich

Nay: None

Prepared by:                 Timothy Dempsey, Chair

                                    Gene Poveromo, Staff