AGENDA #2

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

From:            W. Calvin Horton, Town Manager

 

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

 

DATE:             April 19, 2004

 

INTRODUCTION

 

We have received a request for a Special Use Permit to allow construction of an addition to a place of worship at 1712 Willow Drive.  The site is located in the southwest quadrant of the intersection of Fordham Boulevard and Willow Drive, adjacent to the University Mall.  The applicant is proposing to add 5,313 square feet of floor area to the Olin T. Binkley Memorial Baptist Church.  A total of 88 parking spaces are proposed as well as a new driveway on Willow Drive.  The property is located in the Community Commercial (CC) zoning district and the Watershed Protection District.  The site is located in Orange County and is identified as Chapel Hill Township Tax Map 50, Block D, Lot 2 (PIN 9799234058).

 

Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of the application, and further to receive evidence which the Council may consider as the Council determines any appropriate requirements to include as conditions of approval.

 

This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:   ¨      Cover Memorandum:  Introduces application, describes process for review, summarizes staff and advisory board comments, and offers recommendations for Council action.   ¨      Staff Report:  Offers a detailed description of the site and proposed development, and presents an evaluation of the application regarding its compliance with the standards and regulations of the Land Use Management Ordinance.   ¨      Attachments:  Includes a checklist of requirements for this development, resolutions of approval and denial, advisory board comments, and the applicant’s materials.

 

PROCESS

 

The Land Use Management Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit, 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.

 

The standard for review and approval of a Special Use Permit application involves consideration of four findings (description of the findings follows below). Evidence will be presented tonight. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Land Use Management Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.

 

BACKGROUND

 

1958 - Founding of Binkley Baptist Church.  Early congregational meetings occur on the University of North Carolina campus.   

 

1963 - Church building (approximately 17,000 square feet) constructed on property located at the corner of Willow Drive and Fordham Boulevard.  At the time the property was outside Town limits.

 

1968 – Property included in an annexation of multiple properties into Town limits.

 

1983 – Church obtained a Site Plan approval for an 8,900 square foot addition (sanctuary) from the Planning Board.

 

The site includes a “U” shaped building with a west wing (classrooms) and east wing (sanctuary, fellowship hall, offices, ancillary area).  In addition to the 26,855 square feet of existing floor area, the site includes two smaller (401 square foot) wooden storage sheds.

 

The Church now seeks to expand its facilities.  Subsequent to the last approval for this property, the Council established a rule that development involving more than 20,000 square feet of floor area can only be authorized with Council approval of a Special Use Permit.  Accordingly, any expansion on this site would need to be authorized by a Special Use Permit.

 

A related event occurred on March 20, 2000, when the Special Use Permit for University Mall was modified.  University Mall is the adjacent property to the west, and a condition of the Council’s approval of that Special Use Permit Modification in March 2000 was as follows:

 

“The developer shall reconfigure the Willow Drive driveway, in conjunction with the adjacent and parallel Binkley Church driveway, to combine the two driveways into one that provides access to both properties, if agreement is reached with the adjacent church regarding design, access and easements, and if the plans are approved by the Town Manager.”

 

The issue of coordinating access between these two properties is discussed below.

 

A Concept Plan review of this application was conducted by the Community Design Commission on October 29, 2002.  This proposal was not reviewed by the Council as a concept plan because this site is less than land area and floor area thresholds triggering Council Concept Plan review.

 

DESCRIPTION OF THE APPLICATION

 

The application proposes construction of 5,313 square feet of additional floor area for a total of 32,170 square feet of floor area on the site.  Approximately 1,600 square feet of new classroom floor area and hallway would be added to the north end of the west wing.  The remaining new floor area is proposed for the east wing and includes storage area, offices, narthex, prayer chapel and an addition to the choir area.

  

The application proposes elimination of a curb cut to a gravel lane (along the east property line near the Fordham Boulevard/Willow Drive intersection) and a new curb cut on Willow Drive.  The applicant is also investigating the possibility of eliminating the second access drive on Willow Drive (adjacent to the University Mall driveway behind Harris Teeter) and working with the owner of University Mall to reconfigure the mall driveway into a single shared driveway.  The proposal to use the mall driveway as shared access includes constructing a new vehicular connection between the mall driveway and the Church property.

 

The application includes a request for a new on-site parking area, (parallel to Fordham Boulevard), and reconfiguration of existing parking areas.   A portion of the proposed new parking area is located in a significant tree stand area.  The applicant intends to discontinue parking in the gravel lane in the NCDOT right-of-way.

 

Proposed on-site improvements for pedestrian travel include a sidewalk along the proposed central driveway, and a pedestrian walkway along the west property line, connecting Willow Drive and the proposed new access to the Mall property.  Pending approval from NCDOT, the applicant is also proposing to convert a portion of the existing gravel lane, along Fordham Boulevard, into a pedestrian/bicycle pathway. 

 

Except for the required 30-foot wide buffer along Fordham Boulevard, the applicant intends to comply with the required landscape buffers widths and plantings.  An alternate buffer is proposed for portions of the required 30-foot wide buffer along Fordham Boulevard.     

 

A stormwater retention feature (rain garden) is proposed in the northeast corner of the site.  An on-site refuse facility is proposed for the southeast corner of the site. 

 

Except for work associated with the gravel driveway in the Fordham Boulevard right-of-way and the possible new vehicular access from the University Mall-Harris Teeter driveway, the applicant is not proposing any off-site improvements.

 

EVALUATION OF THE APPLICATION

 

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 recommendation is that the application as submitted, complies with the regulations and standards of the Land Use Management Ordinance and Design Manual with the conditions and modifications of regulations included in Resolution A.  We believe the proposal conforms with the Comprehensive Plan.

 

Tonight the Council receives our attached evaluation, and also receives information submitted by the applicant and citizens. The applicant’s materials are included as attachments to this memorandum. All information that is submitted at the hearing will be placed into the record.

 

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 complies with all required regulations and standards of this Chapter, including all applicable provisions of Sections 3 and 5, the applicable specific standards contained in the Supplemental Use Regulations (Section 6), and with all other applicable regulations;   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 with the general plans for the physical development of the Town as embodied in this Chapter 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.

 

KEY ISSUES

 

We have identified two key issues associated with this development.  These issues are discussed below.

 

Access driveway onto the University Mall property:  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 recognize 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.

 

Staff Comment:  We recommend that the applicant provide, prior to the issuance of Zoning Compliance Permit, a statement confirming that the applicant and the University Mall property owner have reached agreement regarding design, access and easements for this shared driveway proposal, so that the University Mall owner can proceed to reconfigure the Willow Drive driveway.  This condition has been stipulated in Resolution A.

 

Traffic/Accident Analysis on Willow Drive:  The applicant is proposing to construct a new curb cut on Willow Drive.  We recommend that the new curb-cut on Willow Drive shall initially be designed and constructed for full access.  However, after two years of completion of the construction of the driveway, we also recommend that the Town Manager conduct a before/after accident and traffic analysis and, if deemed necessary by the Town Manager, the applicant shall revise the driveway access to a right-in/right-out only driveway. 

 

During advisory board review of this issues the Planning and Transportation Boards recommended that the traffic and accident analysis occur one year after construction of the driveway, instead of two years as recommended by the Town Manager.

 

Staff Comment:   In order to conduct an accident and traffic study reflecting accurate traffic patterns, adequate time must pass between the completion of the driveway and the study period.  We believe that a two-year period is a reasonable amount of time to allow traffic patterns to develop and adjust to the new access and circulations patterns proposed by the applicant.  Resolution A includes a stipulation requiring a traffic and accident study two years after the driveway is constructed.        

 

SUMMARY

 

We have attached a resolution that includes standard conditions of approval as well as special conditions that we recommend for this application. With these conditions, we believe that the Council could make the four findings necessary in order to approve the application.  The Manager’s recommendation incorporates input from all Town departments involved in review of the application.

 

SUBSEQUENT REGULATORY STEPS

 

Following is a brief outline describing the next steps in the development review process, should the Council approve the Special Use Permit application for this site:

 

1.      Applicant accepts and records a Special Use Permit, which incorporates the terms of the Council-adopted resolution.

 

2.      Applicant submits detailed Final Plans and documentation, complying with Council stipulations. Information is reviewed by Town departments and the following agencies:

 

• Orange Water and Sewer Authority,
• Duke Power,
• Public Service Company,
• Time Warner, and
• BellSouth.

 

3.   Community Design Commission reviews and approves building elevations and site lighting.

 

4.      Upon demonstration of compliance with remaining Council stipulations, Town staff issues a Zoning Compliance Permit authorizing site work. Permit includes conditions specific to the development and requires pre-construction conferences with Town staff.

 

5.      Inspections Department issues Building Permits and Certificates of Occupancy.

 

RECOMMENDATIONS

 

Recommendations are summarized below. Please see summaries of board actions and recommendations in the attachments.   The recommendations of the Planning Board, Transportation Board, Community Design Commission, and Manager all contain three conditions recommended by the Planning Board:

 

• Extend Completion Time Limit to 10 years.

 

• Specify that improvements in the NCDOT right-of-way are contingent upon NCDOT approval.

 

• Require Stormwater Management as shown on a supplementary exhibit.

 

These proposed conditions were not in hand at the time the Bicycle and Pedestrian Advisory Board performed its review, and accordingly are not included in that Board’s recommendation.  Specifics follow.

 

Planning Board Recommendation:  On April 6, 2004, the Planning Board voted 10-0 to recommend that the Council approve this application, with the adoption of Resolution B.  Please see the attached Summary of Planning Board Action.

 

Resolution B differs from the Manager’s preliminary recommendation (Resolution A) in two ways.  First, the Planning Board recommends that an accident analysis for the Willow Drive entrance be performed after one year.  The Manager recommends two years.  Second, the Planning Board recommends that the westernmost curb cut, next to the University Mall Harris Teeter driveway shall be closed, within 6 month or two years whichever is later, after the redesigned University Mall driveway is constructed.  The Manager recommends that this improvement be made concurrent with other required improvements.

 

The Planning Board also expressed a concern with the proposed new access driveway onto the University Mall property.  This subject is also discussed in the Key Issues section.

 

Transportation Board Recommendation: On April 6, 2004, the Transportation Board voted 7-0 to recommend that the Council approve this application with the adoption of Resolution C.  Please see the attached Summary of Transportation Board Action.

 

Resolution C differs from the Manager’s preliminary recommendation (Resolution A) in that the Transportation Board recommends that an accident analysis for the Willow Drive entrance be performed after one year.  The Manager recommends two years.

 

Community Design Commission Recommendation: On March 17, 2004, Community Design Commission voted 10-0 to recommend that the Council approve this application with the adoption of Resolution D.  Please see the attached Summary of Community Design Commission Action.

 

Resolution D differs from the Manager’s preliminary recommendation in that the Community Design Commission recommends that the westernmost curb cut, next to the University Mall-Harris Teeter driveway shall be closed, within 6 month or two years whichever is later, after the redesigned University Mall driveway is constructed.  The Manager recommends that this improvement be made concurrent with other required improvements.

 

Bicycle and Pedestrian Advisory Board Recommendation:  On March 23, 2004, the Bicycle and Pedestrian Advisory Board voted 6-0 to recommend that the Council approve this application with the adoption of Resolution E.  Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.

 

Resolution E includes the following three stipulations as recommended by the Bicycle and Pedestrian Advisory Board:

 

1.      That, subject to NCDOT approval, the applicant shall retention a portion of the existing gravel lane along Fordham Boulevard for a 10 foot bicycle and pedestrian path.  

 

2.      The applicant shall construct a sidewalk along the east side of the new egress drive and along the west property line to Willow Drive.

 

3.      That the proposed meandering sidewalk, from Willow Drive to the existing sanctuary, shall be relocated on the west side of the new access drive shall be extended to Willow Drive.

 

The three stipulations above, as recommended by the Bicycle and Pedestrian Advisory Board, have been incorporated into the Manager’s recommendation, Resolution A.  Please refer to Attachment 15 for locations of the above described improvements.

 

Manager’s Preliminary Recommendation:  Based on our evaluation of the application, our preliminary conclusion is that, with the stipulation in Resolution A, the application complies with the standards and regulations of the Land Use Management Ordinance. 

 

Following tonight’s Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application.  If the Council makes the required findings for approval of a Special Use Permit, we recommend that the application be approved with the adoption of Resolution A.

 

Resolution F would deny the application.

 

 

Olin T. Binkley Memorial Baptist Church - Special Use Permit

Differences between Resolutions

 

* - Issues not raised as Advisory Board meeting.
ATTACHMENTS

 

1.            Planning Staff Report (p. 11).

2.            Project Fact Sheet Requirements (p. 24).

3.            Resolution A (Manager’s Preliminary Recommendation Approving the Application) (p. 25)

4.            Resolution B (Planning Board’s Recommendation Approving the Application) (p. 33).

5.            Resolution C (Transportation Board’s Recommendation Approving the Application (p. 35).

6.            Resolution D (Community Design Recommendation Approving the Application (p. 36).

7.            Resolution E (Bicycle and Pedestrian Advisory Board Approving the Application) (p. 38)

8.            Resolution F (Denying the Application) (p. 39).

9.            Planning Board Summary of Action (p. 40).

10.        Transportation Board Summary of Action (p.42).

11.        Community Design Commission Summary of Action (p. 43).

12.        Bicycle and Pedestrian Advisory Board Summary of Action (p. 44).

13.        Statement of Justification (p. 46).

14.        Project Fact Sheet (p. 48).

15.        Additional Internal Sidewalks (p. 50).

16.        Stormwater Management Facility (p. 51).

17.        Area Map (p. 52).

18.        Reduced Plan (p. 53).

ATTACHMENT 1

 

STAFF REPORT

 

Subject:       Olin T. Binkley Memorial Baptist Church - Application for Special Use Permit (File No. 7.50.D.2)

 

Date:              April 14, 2004

                      

INTRODUCTION

 

We have received a request for a Special Use Permit to allow construction of an addition to a place of worship at 1712 Willow Drive.  The site is located in the southwest quadrant of the intersection of Fordham Boulevard and Willow Drive, adjacent to the University Mall.  The applicant is proposing to add 5,313 square feet of floor area to the Olin T. Binkley Memorial Baptist Church including a new prayer chapel, general offices, new classrooms, and storage area.  A total of 88 parking spaces are proposed as well as a new curb-cut on Willow Drive and a new driveway from the University Mall property.  The site is located in the Community Commercial (CC) zoning district and the Watershed Protection District.  The site is located in Orange County and is identified as Chapel Hill Township Tax Map 50, Block D, Lot 2 (PIN 9799234058).

 

EVALUATION

 

The Town staff has reviewed this application for compliance with the standards of the Land Use Management Ordinance and the Design Manual and offer the following evaluation.

 

Existing Conditions

 

Location: The Olin T. Binkley Memorial Baptist Church is located on a 4.95 acre site located at the southwest corner of Fordham Boulevard and Willow Drive.  The east property line is along Fordham Boulevard and is approximately 647 feet in length. The north property line, adjacent to Willow Drive, is approximately 367 feet long.  The University Mall is the neighboring property owner along the south and west property lines.  Adjacent mall tenants include the K&W Restaurant (south) and Harris Teeter (west). 

 

Across Willow Drive from the Church is a multi-family residential development (Willow Terrace Condominiums).  Opposite the site, across Fordham Boulevard, is the residential Ridgefield neighborhood.   

 

Existing Structures: The site includes a “U” shaped building with a west wing (classrooms) and east wing (sanctuary, fellowship hall, offices, ancillary area).  In addition to the 26,855 square feet of existing floor area, the site includes two smaller (401 square foot) wooden storage sheds.

 

Vehicular Access: Two vehicular curb cuts are located along Willow Drive.  The first curb-cut is located near the Willow Drive/Fordham Boulevard intersection.  This curb-cut permits access to a gravel drive (600 foot long) that runs parallel to Fordham Boulevard.  This driveway (along the east property line) connects to an on-site Church parking lot south of the main building.  The gravel drive, which is entirely located within the Fordham Boulevard right-of-way, also functions as an overflow parking area for the site.  The second vehicular access point on Willow Drive is adjacent and parallel to the University Mall entrance behind Harris Teeter.  This drive continues along the western property line and connects to the on-site Church parking lot.   

 

Parking: An on-site parking lot is located along the southern property line.  Additional on-site parking spaces are located along the driveway on the west side of the site.  Off-site parking areas include the gravel road in the Fordham Boulevard right-of-way.  We understand that that additional off-site parking occurs on the University Mall property as well.

 

Pedestrian Circulation:  The frontage of this site, along Willow Drive, includes a public sidewalk.  Pedestrian travel between the building and Willow Drive is across the two drives described above.  Three existing pedestrian connections, between the University Mall and the property, are located in the following areas: two connections, including stairs, between the southern parking area and the K&W Restaurant; and a handicapped ramp along the west property line near the front the Harris Teeter building.

 

Additional public sidewalks in the immediate area include both sides of Willow Drive, between Fordham Boulevard and Estes Drive and the south side of Willow Drive between Fordham Boulevard and Spruce Street.  The Town recently completed the construction of a sidewalk, along the west side of Fordham Boulevard between Willow Drive and Elliott Road. 

 

Bus Stops, Routes:  This area is served by the G Route bus.  There are two bus stops near the Willow Drive entrance to the University Mall near the Harris Teeter.  A third bus stop is located on south side of Willow Drive near Hickory Road in the Ridgefield neighborhood.

 

Please refer to the attached Area Map (Attachment 5) for sidewalk and bus stop locations.

 

Topography, Drainage, Vegetative Cover:   This site is generally flat with an average slope of 2 percent.  The highest elevation (270 feet) is along the west property line.  The lowest point on the site, 262.59 feet, is at the northeast corner of the site near the Fordham Boulevard/Willow Drive intersection.  Stormwater runoff occurs as sheet flow across the site (generally from west to east).  The site does not include any man-made stormwater basins or detention facilities.

 

The Federal Emergency Management Agency (FEMA) Floodplain Map from 1983 identifies a 100-year floodplain on a portion of the site.  The applicant believes that the FEMA map is in error and has presented confirmation from FEMA to support this claim.  This site is located in the Watershed Protection District.

 

Vegetative cover is a mix of mature hardwoods, pines and mature landscape areas.  The applicant has identified an area of significant trees (Sheet L2) between Fordham Boulevard and the building.  We believe that the significant tree area identified by applicant is not accurately representative.  We believe the area is larger and includes additional trees within a proposed stormwater feature.  We also believe that this site includes a second, smaller significant tree stand not identified on Sheet L2.

 

 

Development Description

 

The application proposes construction of 5,313 square feet of additional floor area for a total of 32,170 square feet of floor area on the site.  Approximately 1,600 square feet of new classroom floor area and hallway would be added to the north end of the west wing.  The remaining new floor area is proposed for the east wing and includes storage area, offices, narthex, prayer chapel and an addition to the choir area.

  

The elimination of the curb cut to the gravel lane (along the east property line near the Fordham Boulevard/Willow Drive intersection) and a new curb cut on Willow Drive is proposed.  The applicant is also investigating the possibility of eliminating the second access drive on Willow Drive (adjacent to the University Mall driveway behind Harris Teeter) and working with the owner of University Mall to reconfigure the mall driveway into a single shared driveway.  The proposal to use the mall driveway as shared access includes constructing a new vehicular connection between the mall driveway and the Church property. 

 

The application includes a request for a new on-site parking area, (parallel to Fordham Boulevard), and reconfiguration of existing parking areas.   A portion of the proposed new parking area is located in a significant tree stand area.  The applicant intends to discontinue parking in the gravel lane in the NCDOT right-of-way.

 

Proposed on-site improvements for pedestrian travel include a meandering path between Willow Drive and the northside of the building.  Ten on-site bicycle parking spaces are also planned. 

 

Except for the required 30-foot wide buffer along Fordham Boulevard, the applicant intends to comply with the required landscape buffers widths and plantings.  An alternate buffer is proposed for portions of the required 30-foot wide buffer along Fordham Boulevard.     

 

A stormwater retention feature (water quality and quantity) is proposed in the northeast corner of the site, between the proposed central driveway on Willow Drive and Fordham Boulevard.  A portion of this facility is located in a significant tree stand area. 

 

An on-site refuse facility is proposed for the southeast corner of the site. 

 

Except for work associated with eliminating the gravel lane in the Fordham Boulevard right-of-way and the possible new vehicular access from the University Mall-Harris Teeter driveway, the applicant is not proposing any off-site improvements.

 

Ordinance Requirements

 

Zoning:  This property and the adjacent University Mall site are zoned Community Commercial (CC). The area across Willow Drive (Willow Terrace Condominiums) is zoned Residential-4 (R-4) and the area across Fordham Boulevard (Ridgefield) is zoned Residential-1 (R-1)   Some of the permitted uses in the CC zoning district include office and commercial land uses, automotive repair, banks, flex space, and places of worship. 

 

Land Use Plan: The Comprehensive Plan adopted by the Council on May 8, 2000, identifies this area as Institutional.

 

Dimensional Standards:  The proposed project meets the dimensional standards outlined in the Dimensional Matrix (Table 3.8-1) of the Land Use Management Ordinance’s for the Community Commercial zoning district. 

 

Transportation Issues

 

Vehicular Access:  Several changes to the existing vehicular circulation for this site are proposed.  The proposed changes include:

 

A)                Elimination of the Willow Drive curb cut to the gravel lane (along the east property line near the Fordham Boulevard/Willow Drive intersection);

 

B)                 Creation of a new curb cut and  driveway on Willow Drive; and

 

C)                Elimination of the Willow Drive curb cut adjacent to the University Mall property.  In order for this change to occur, the applicant is also proposing to create a new off-site access drive from the University Mall-Harris Teeter driveway (along the site’s west property line). 

 

These changes are discussed below.

 

A)                Elimination of the curb cut to the gravel lane:  This curb cut is located near the Willow Drive/Fordham Boulevard intersection.  This curb-cut permits access a 600 foot long gravel drive that runs parallel to Fordham Boulevard and runs into in a parking area south of the main building.  The gravel drive, which is entirely located within the Fordham Boulevard right-of-way, is also used by the Church as an overflow parking area.

 

The applicant is proposing to discontinue use of the gravel lane for overflow parking.  We understand that the applicant is proposing to remove the gravel lane, re-grade the area and establish a vegetative ground cover.  This proposed work is located entirely within the Fordham Boulevard NCDOT public right-of-way.  

 

The Bicycle and Pedestrian Advisory Board recommended that, if an encroachment agreement can be obtained from the North Carolina Department of Transportation, the applicant shall retain a portion of the existing gravel lane along Fordham Boulevard as a 10 foot bicycle and pedestrian path.  The final design and location of this path shall attempt to accommodate the possibility of a future extension of a pathway southward, within the Fordham Boulevard right-of-way, to Estes Drive.  Resolution A includes a stipulation with this improvement

 

We recommend prohibition of parking in the Fordham Boulevard right-of-way. We have included a stipulation in Resolution A that recommends that the applicant remove the gravel lane, re-grade the area and establish a vegetative ground cover.  We also recommend that the removal of the gravel lane does not preclude the use of a portion of the gravel drive for the bicycle/pedestrian path described above.

 

In order to prohibit vehicular access to the area, we recommend that the applicant close off the entrance by installing approximately 15 feet of curb and gutter and sidewalk along the south side of Willow Drive.  We also recommend that, prior to the issuance of a Zoning Compliance Permit, that the applicant secure and provide an encroachment agreement from the North Carolina Department of Transportation for curb, gutter and sidewalk work.

 

B)                 Creation of a new curb cut and driveway:  Due to the planned elimination of the gravel access road, the applicant is proposing to construct a new curb cut on Willow Drive.  This new vehicular access is proposed approximately in the center of the site (200 feet west of the Fordham Boulevard/Willow Drive intersection).  The proposed driveway created from this curb cut is designed to run along the east side of the building and provide access to a planned parking area between the building and Fordham Boulevard.  The applicant is proposing that turning movements between this driveway and Willow Drive shall not be restricted.  During Sunday morning worship, the applicant is proposing that left in/left out turning movements be prohibited.

 

We recommend that the new curb-cut on Willow Drive shall be designed and constructed for full access initially.  We also recommend that 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 accident and traffic analysis two years 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.

 

C)                Elimination of the curb cut near University Mall driveway:  In addition to the curb-cut near Fordham Boulevard (access to the gravel drive), this church site also has a second curb-cut near the University Mall-Harris Teeter driveway.  This Church driveway continues along the western property line and connects to an existing on-site parking area south of the building.  The applicant is proposing to close this curb cut and work with the mall owners to reconfigure the mall driveway into a shared driveway for both properties.  

 

Construction of this proposed improvement was initially discussed during the review of the Special Use Permit for University Mall during February and March of 2000.   The University Mall Special Use Permit, approved by the Town Council on March 20, 2002, included the following stipulation: 

 

Possible Willow Drive Entrance Adjustment:  That the developer shall reconfigure the Willow Drive driveway, in conjunction with the adjacent and parallel Binkley Church driveway, to combine the two driveways into one that provides access to both properties, if agreement is reached with the adjacent church regarding design, access and easements, and if the plans are approved by the Town Manager.

 

The above stipulation calls for the cooperation of the Church and mall property owners.  This stipulation from the University Mall Special Use Permit requires that the University Mall developer attempt to coordinate the reconfigured driveway and access to the Church property and that if the adjacent church (tonight’s applicant) approves the design, access and necessary easements, the improvement shall be made.  The improvement has not been constructed at this time.  It is our understanding that the applicant and the University Mall representatives have been discussing this issue since the February 2000 University Mall Public Hearing.

 

We recommend that the applicant provide, prior to the issuance of Zoning Compliance Permit, a statement confirming that the applicant and the University Mall property owner have reached agreement regarding design, access and easements for this shared driveway proposal, so that the University Mall owner can proceed to reconfigure the Willow Drive driveway.  This condition has been stipulated in Resolution A.

 

Additionally, the applicant’s Special Use Permit application includes a design proposal for a reconfigured driveway on the University Mall property.   The proposed design includes:

 

1.                  Widening the University Mall driveway;

 

2.                  Installing a new access connection between the applicants property and the Mall driveway; and

 

3.                  Removing a portion of the soon to be unnecessary Church driveway along the west property line.

 

We believe that this proposed design by the applicant will allow the University Mall developer to proceed with construction of the shared drive.

 

We recommend that prior to the issuance of a Zoning Compliance Permit, the applicant shall submit for Town Manager review and approval, a detailed design for the reconfigured University Mall-Harris Teeter shared driveway.  The design shall include a single curb-cut on Willow Drive (maintaining the existing mall driveway) that provides access to the University Mall property and creates a new access connection to the Church property (along the site’s north property line). 

 

The design will need to identify all applicable easements (including construction, access, maintenance) on the Church property authorizing the adjacent property owner (University Mall) to reconstruction the Mall driveway into a three lane cross-section and, if necessary, permitting access.  The applicant shall, in conjunction with the University Mall property owner, submit ingress, egress and regress easement authorizing vehicular travel upon that portion of the reconfigured Mall driveway between Willow Drive and the new access for the Church.  The easements shall be reviewed by the Town Manager and recorded prior to the issuance of a Zoning Compliance Permit, authorizing the work. 

 

We recommend that following the completion of the construction of the reconfigured driveway on the University Mall property, and construction of the new associated access to the Church site, that the applicants demolish that portion of the western driveway on Church property that is no longer necessary.  We recommend that a vegetative ground cover is established and that new curb, gutter and sidewalk are installed along the south side of Willow Drive at the abandoned curb cut.

 

The Bicycle and Pedestrian Advisory Board recommend that the applicant construct a pedestrian path along a portion of the west property line as shown on Attachment 15.  Resolution A includes a stipulation for this improvement.  We also recommend that the removal of the gravel drive does not preclude the use of a portion of the gravel drive the pedestrian path shown on Attachment 15.

 

Parking:  Minimum parking requirements for a place of worship in the Community Commercial zoning district are based on one parking space for every four seats in the sanctuary. This proposal complies with the Land Use Management Ordinance minimum parking requirements.

 

This application includes a request for a new parking area (between the building and Fordham Boulevard).  The proposed location for this new parking area, which includes 29 parking spaces, is near the east property line, parallel to Fordham Boulevard.  A portion of the proposed new parking area will result in clearing approximately 25 percent of the vegetation within a portion of an area identified as a significant tree stand area on Sheet L2.   Also, as proposed with the submitted application, 14 of the 29 new parking spaces encroach into the required minimum landscape buffer along Fordham Boulevard.

 

We recommend that the proposal to locate parking spaces within a portion of the required minimum Fordham Boulevard landscaped buffer be adjusted.  We believe that several of the proposed parking spaces encroaching into the Fordham Boulevard buffer area can be relocated elsewhere on the site.  In response to this concern the applicant has submitted a proposal to redesign this parking plan as shown by Exhibit A.  We believe that the proposal in Exhibit A is an acceptable design. 

 

Other proposed parking lot improvements include striping of two existing on-site parking areas; along the south property line and a smaller existing area along the west property line.

 

We recommend that the approved site plan incorporate the redesigned parking lot plan as shown by Exhibit A. and that all parking lots, drive aisles and parking spaces associated with the proposed development  be constructed to Town standards.

 

For additional discussion on the applicant’s plan to encroach into the buffer with a portion of the proposed parking area, as shown by Exhibit A, please refer to the Landscaping and Architectural Issues section in this report.

 

Pedestrian Circulation:  Proposed on-site improvements for pedestrian access include a meandering path between Willow Drive and an existing internal sidewalk network.  A section of new sidewalk is also proposed between the new driveway and the existing sanctuary.

 

In response to comments received from the Bicycle and Pedestrian Advisory Board, the applicant as agreed to construct two sidewalks segments as shown on Attachment 15.

 

In addition to these proposed improvements, we recommend that the applicant install two sections of new public sidewalks along Willow Drive, in conjunction with the new curb and gutter construction discussed in the Vehicular Access section of this report.

 

Bicycle Parking:  On-site bicycle parking spaces are proposed along the east side of the building.  The applicant is proposing approximately 10 spaces.  We recommend that the applicant provide bicycle-parking facilities, as described in the Town’s Design Manual. We recommend that the applicant provide a covered, bicycle rack, in a highly visible, well-illuminated area for ten (10) bicycles. The bike rack covering may include roof eaves of suitable dimensions.

 

Bus Stop, Routes:  No improvements to the existing bus stop network are proposed or recommended with this application.

 

Traffic Impact: A Traffic Impact Analysis was not required for this development proposal. The requirement to prepare a Traffic Impact Analysis may be waived by the Town Manager if all of the following conditions are met:

 

a)      Daily trip generation is less than 500 (or, for a change to an existing property that does not requiring rezoning, difference in daily trip generation is less than 500);

b)      No more than 250 vehicles per day (or, for a change to an existing property that does not requiring rezoning, no more than 250 vehicles per day) access an existing collector or local road;

c)      The total traffic, including background traffic and additional traffic from proposed new site or redeveloped property does not exceed an average of 150 vehicles per day on any unpaved road;

d)      The applicant submits a written request for a Traffic Impact Analysis waiver with appropriate supporting docu­men­ta­tion including pedestrian/bicycle analysis, if applicable; and

e)      The Town Manager concurs with the request.

e)

This development proposal generates approximately 100 additional trips per day and meets the above required criteria for an exemption.

 

Landscaping and Architectural Issues

 

Buffers and Landscaping: The table below outlines the minimum landscape buffers requirements for the site and the buffers proposed by the applicant.

 

Landscape Buffers
Location	Ordinance Requirement	Applicant’s Proposal
Fordham Boulevard frontage	Min. 30 ’ Type ‘D’ Buffer	30’ Type ‘D’ Buffer and alternate buffer along some parking areas
Willow Drive frontage	Min. 15’ Type ‘A’ Buffer	Min 15  Type ‘A’ Buffer
University Mall (south property line)	Min 15’ Type ‘B’ Buffer	Min 15’ Type B Buffer
University Mall (west property line)	Min. 15’ Type ‘B’ Buffer	Min 15’ Type B Buffer (includes some buffer area on University Mall property)

                                

The applicant has submitted an illustrative exhibit which relocates nine proposed parking spaces outside of the required Fordham Boulevard landscape buffer area (see Exhibit A).  Although this revised parking plan does not remove all parking areas outside the Fordham Boulevard buffer, we believe that the proposal in Exhibit A is an acceptable design.  In those areas where parking encroaches into the required landscaped buffer, the applicant is proposing Community Design Commission approval of an alternate buffer.

 

We recommend that the approved final plan incorporate the redesigned parking lot plan as shown by Exhibit A.  We recommend that the details for the proposed alternate landscape buffer along Fordham Boulevard be reviewed and approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.

 

The required 15-foot wide buffers, proposed by the applicant along the Willow Drive frontage and along the south property line (adjacent to the K&W Restaurant), are located entirely within the applicant’s property.  In order to satisfy the 15 foot buffer width along the site’s west property line, the applicant is proposing to count some of the existing adjacent buffer located on the University Mall property.  The proposal for a shared buffer along the west property line satisfies the Ordinance requirement for landscape buffers. 

 

We recommend that a detailed landscape protection plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  This plan must include a detail of protective fencing and construction parking and materials staging/storage areas. This plan must also indicate which labeled trees are proposed to be removed and where tree protection fencing will be installed.

 

We recommend that detailed landscape plans (including buffers), landscape maintenance plans, and parking lot shading requirements be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The landscape plan shall indicate the size, type, and location of all proposed plantings.

 

We also recommend that all parking areas shall be screened from view in accordance with the provisions of Article 5.6 of the Land Use Management Ordinance.  The screening plans shall be approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

Building Elevations:  We recommend that detailed building elevations and a lighting plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit. 

 

ENVIRONMENTAL ISSUES

 

Watershed Protection District The site is located inside the Watershed Protection District and is subject to impervious surface limits specified in Article 3.6.4 of the Land Use Management Ordinance.   The Land Use Management Ordinance requires proposed development to comply with either a Low Density Option (24% impervious surface limit) or a High Density Option (50% impervious surface limit).  The applicant is proposing to comply with the Low Density Option.

 

With respect to the Land Use Management Ordinance and this development site, impervious surface area, existing as of July 1, 1993 (69,696 sq ft or 29% of the site) is not required to be included in the impervious surface calculations.  The applicant has proposed 20,909 square feet of new impervious surface area (or 12% of the existing 167,584 square feet of pervious surface) inside the proposed Special Use Permit boundary and therefore complies with the 24% impervious surface limit or “Low Density Option.” 

 

Floodplain:  The Federal Emergency Management Agency (FEMA) Floodplain Map from 1983 identifies a 100-year floodplain on a portion of the site.  The applicant believes that the FEMA map is in error.  In support of this statement the applicant has provided a Letter of Map Amendment Determination Document (Removal) from FEMA.  The letter from FEMA states that the site is not located within the federally regulated 100-year floodplain as shown on floodplain maps dated August 1, 1983.  Based on the submitted documentation from FEMA, we concur with this determination.

 

Resource Conservation District: The Town’s Engineering Department conducted an on-site inspection and determined that this site does not contain perennial, intermittent or ephemeral streams.

 

The presence of a perennial or intermittent stream is not the only determinant in identifying Resource Conservation District.  The Town’s Resource Conservation District is also defined as  an elevation 3 feet above the 100-year flood-plain.  The information contained in the letter from FEMA, indicates that the lowest elevation on this site is 3.2 feet above the 100 year flood-plain elevation.  Based on this information, the Resource Conservation District regulations do not apply to this site.

 

Significant Tree Stands:  The applicant has identified a stand of significant trees between Fordham Boulevard and the building (see Sheet L2).  We believe that this area of significant trees, as identified by applicant, should be expanded to the northwest and include the four oak trees (3 at 20-inch dbh, 1 at 24-inch dbh) between the proposed choral addition and the new central driveway.  We also believe that the site includes a smaller stand of significant trees in the northwest corner of the site.  This tree stand is not identified on the submitted site plans.

 

A portion of the proposed new parking area and central driveway will result in clearing approximately 25 percent of the vegetation within the area the applicant has identified as a significant tree stand area.  The proposed plan does not include land disturbance activity in the unidentified tree stand area in the northwest corner of the site.

 

We recommend that the Final Plan application include additional significant tree stand information.  We recommend that the plan include a revised tree stand area incorporating the four oak trees between the proposed choral addition and the new central driveway.  We also recommend that the plan identify and label the smaller tree stand area in the northwest corner of the site.  We recommend that the plans identifying the boundary of the two tree stand areas be reviewed and approved by the Town Manager.  We also recommend that any land disturbance within these tree stand areas, that was not reflected on the Council approved site plans, be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.   

 

Stormwater Management:  Stormwater management on the existing site occurs as runoff sheet-flow across the site (generally from west to northeast).  Currently the site does not include any man-made stormwater basins or detention facilities.  In order to provide for stormwater management associated with the proposed development, the applicant is proposing to construct a stormwater feature in a portion of the wooded area between the proposed central driveway and Fordham Boulevard.  This proposed stormwater management facility is identified on Attachment 16.

 

We recommend that except for land disturbance associated with the installation of the proposed stormwater feature, 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.

 

We recommend that prior to the issuance of a Zoning Compliance Permit the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager. We recommend that the plan include low-impact stormwater management solutions and best management practices, including but not limited to bio-retention, pervious pavements, underground storage, infiltration trenches, vegetative swales and similar techniques.  We recommend that the stormwater management design not result in land disturbance within the revised Significant Tree Stand Area.  Prior to the issuance of a Zoning Compliance Permit, a revised significant tree stand plan shall be reviewed and approved by the Town Manager.

 

The plan shall be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate and the post-development stormwater runoff volume shall not exceed the pre-development volume for the local 2-year frequency, 24-hour duration storm event. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.

 

Erosion Control:  We recommend that a soil 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 that a copy of the approval be provided to the Town Manager prior to the issuance of a Zoning Compliance Permit.  We also recommend that if more than one acre of land is disturbed, then a performance guarantee in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances shall be required prior to final authorization to begin land-disturbing activities.

 

Utilities and Service Issues

 

Refuse Management:  The proposed plan includes a provision for a single refuse container and some recycling containers in the southeast corner of the site.    The Church currently carries all recycling (bottles, cans, paper, and corrugated cardboard) to the 24-hour drop-off recycling center located on the neighboring University Mall site. Considering that this proposed addition to its operations consists of only 2 additional classrooms and an enlargement of minimal office space, we recommend that they continue recycle corrugated cardboard in this manner.

 

We recommend that a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing of construction debris, and demolition waste shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

We recommend that all new drive aisles needed to access refuse containers shall be constructed of heavy duty pavement.  The final plans must include a detail of this pavement section.  It will also be necessary to include the following note on the final plans: “The Town of Chapel Hill, its’ assigns or Orange County, shall not be responsible for any pavement damage, to existing or proposed area that may result from service vehicles.”

 

We also recommend that the final plan confirm that no overhead obstruction or utility wires will interfere with service vehicle access or operation.  These standard stipulations are included in Resolution A.

 

Utilities:  We recommend that detailed utility plans be reviewed and approved by OWASA, Duke Power Company, Public Service Company, BellSouth, Time Warner Cable and the Town Manager prior to issuance of a Zoning Compliance Permit.  Except for three phase power lines, we recommend that all new or relocated utility lines be located underground.  We have included these standard stipulations in Resolution A.

 

Fire Safety:  We have included our standard stipulation requiring that a fire flow report sealed by a professional engineer, be submitted for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit. 

 

Miscellaneous Issues

 

Traffic and Pedestrian Control Plan:  We recommend that prior to the issuance of a Zoning Compliance Permit the Town Manager review and approve a Traffic Management Plan for movement of motorized and non-motorized vehicles on any public streets (maintained and operated by the Town or the NCDOT) that will be disrupted during construction.  This plan shall include detour information and a Pedestrian Management Plan indicating how pedestrian movements on or adjacent to public rights-of-way will be safely maintained.

 

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:

 

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;

 

2.      That the use or development complies with all required regulations and standards of this Chapter, including all applicable provisions of Articles 3, and 5, the applicable specific standards contained in Supplemental Use Regulations (Article 6), and with all other applicable regulations;

 

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

 

4.      That the use or development conforms with the general plans for the physical development of the Town as embodied in this Chapter 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.

 

CONCLUSION

 

Based on information available at this stage of the application review process, we believe that the proposal, with 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 conforms with the Comprehensive Plan.

 

Resolutions A would approve the application with conditions.  Resolution B would deny the application.

 

ATTACHMENT 2

 

 

          Project Fact Sheet Requirements

 

Check List of Regulations and Standards

Special Use Permit Application

 

 

N/A = Not Applicable                                                                                                                                            Prepared: April 14, 2004

ATTACHMENT 3

 

RESOLUTION A

(Manager’s Preliminary Recommendation)

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR OLIN T. BINKLEY MEMORIAL BAPTIST CHURCH

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Philip Szostak Associates for Olin T. Binkley Memorial Baptist Church. on property identified as Chapel Hill Township Tax Map 50, Block D, Lot 2 (PIN 9799234058) if developed according to the site plans dated November 26, 2003, site plan labeled Exhibit A, dated January 22, 2004, Attachments 15 and 16, and conditions listed below, would:

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;

 

2.      That the use or development complies with all required regulations and standards of this Chapter, including all applicable provisions of Articles 3, and 5, the applicable specific standards contained in Supplemental Use Regulations (Article 6), and with all other applicable regulations;

 

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; and 

 

4.      That the use or development conforms with the general plans for the physical development of the Town as embodied in this Chapter and in the Comprehensive Plan.

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for Olin T. Binkley Memorial Baptist Church in accordance with the plans listed above and with the conditions listed below:

 

Stipulations Specific to the Development

                                                                       

1.      That construction begin                       (two years from approval date) and be completed                                          (ten years from approval date).

 

2.      Land Use Intensity: This Special Use Permit authorizes a place of worship and land use intensity requirements and dimensional standards as specified below:

 

Land Use Intensity
Net Land Area	215,709 sq ft
Total # of Buildings	3 (including 2 sheds)
Maximum Floor Area	32,170 sq ft
Maximum Impervious Surface Area	90,605 sq ft
Maximum # of Parking Spaces Proposed	87
Minimum # of Bicycle Spaces	10

 

Stipulations Related to Transportation Issues

 

3.      Elimination of Curb-Cut and Gravel Drive in NCDOT Right-of-Way (along Fordham Boulevard):  That prior to the issuance of a Certificate of Occupancy, the applicant shall:

 

a.       Abandon the eastern Willow Drive curb cut and construct approximately 60 feet of new curb, gutter, a 5-foot wide sidewalk and handicapped ramp, along the south side of Willow Drive, between Fordham Boulevard and the existing curb; and

 

b.      Remove the gravel lane, re-grade the area and establish a vegetative ground cover.  Upon completion of this improvement, use of the Fordham Boulevard right-of-way for parking shall be prohibited.

 

The final plans for the reconstruction and vegetation of the area along Fordham Boulevard, and the design and length of the new curb, gutter sidewalk and handicapped ramp along the southside of Willow Drive shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

This stipulation shall not preclude the bicycle/pedestrian path as shown on Attachment 15 and required by Stipulation #9.

 

4.      Encroachment Permit:  Prior to the issuance of a Zoning Compliance Permit, the applicant shall secure and provide an encroachment agreement from the North Carolina Department of Transportation for all work, removal of the gravel lane and installation of plant materials, within the Fordham Boulevard right-of-way.

 

5.      Improvements within NCDOT right-of-way: That all improvements required by the approval of this permit, within NCDOT right-of-way, are subject to the approval of NCDOT.

 

6.       Traffic/Accident Study on Willow Drive:  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 accident and traffic analysis two years after

7.       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.

 

8.       Agreement with University Mall Property Owner: That the applicant shall provided, prior to the issuance of Zoning Compliance Permit, a statement verifying that the applicant and the University Mall property owner have an agreement insuring that the University Mall property owner can proceed, as necessary, in order to reconfigure the Willow Drive driveway, in conjunction with the adjacent and parallel Binkley Church driveway, to combine the two driveways into one that provides access to both properties. 

 

9.      Reconfigured Driveway and New Access on University Mall Site.  That the applicant shall provide plans for the redesign of the University Mall driveway into a drive with striped left and right turn lanes exiting the site, and one lane entering the site.  The redesign shall also include new ingress from the University Mall driveway to the Church’s north property line and associated egress drive.

 

a.       Easements on Church Property: The applicant shall identify all applicable easements (including construction, access, maintenance) necessary on the Church property authorizing the adjacent property owner (University Mall) to reconstruction the Mall driveway into a three lane cross-section.  Said easements must be review and approved by the Town Manager and recorded prior to the issuance of a Zoning Compliance Permit.

 

b.      Easements on University Mall Property:  The applicant shall submit applicable ingress, egress and regress easement, whereby the University Mall property owner(s) permit vehicular travel by church members and other associated parties, upon that portion of the reconfigured Mall driveway between Willow Drive and the new access drive described above.  The easement shall be reviewed and approved by the Town Manager prior to the commencement of the construction activity for the shared driveway. 

 

10.  Elimination of the Curb-Cut and Driveway near University Mall Driveway:  That after construction of the reconfigured driveway on the University Mall property and construction of the new ingress and egress drive between the mall driveway and the Church property, as described in Stipulation 7 above, the applicant shall:

 

a.       Abandon the adjacent Willow Drive curb-cut and replace the curb-cut with new curb, gutter and a 5-foot wide sidewalk; and

 

b.      Demolish that portion of the existing western driveway on the Church property, between Willow Drive and the new access from the University Mall-Harris Teeter driveway.  This area shall be re-graded and a vegetative ground cover established.  Following the completion of this work the use of this area for parking shall be prohibited.

 

The final plans for the regarding/vegetation of this area, and the design and length of the new curb, gutter and sidewalk along the southside of Willow Drive, shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

This stipulation shall not preclude the sidewalk improvements as shown on Attachment 15 and required by Stipulation #10.

 

11.  Pedestrian/Bicycle Path along Fordham Boulevard: That, if an encroachment agreement can be obtained from the North Carolina Department of Transportation, the applicant shall retain a portion of the existing gravel lane along Fordham Boulevard as a 10 foot bicycle and pedestrian path.  The final design and location of this path shall attempt to accommodate the possibility of a future extension of a pathway southward, within the Fordham Boulevard right-of-way, to Estes Drive.

 

12.  Internal Sidewalks: That the applicant shall construct a sidewalk along the new central driveway and along the west property line as shown by Attachment 15.

 

13.  Bicycle Parking:  That the development shall comply with the Town’s Design Manual for bicycle parking standards as follows:

 

Total Number or Required Spaces	10
Number of Class I Spaces	2
Number of Class II Spaces	8

 

14.  Redesigned Parking Area:  That the proposed parking area, between Fordham Boulevard and the building, shall be constructed as shown on the attached site plan labeled Exhibit A, dated January 22, 2004.

15.  Parking Lot Standards:  That all parking lots, drive aisles and parking spaces shall be constructed to Town standards.

Stipulations Related to Landscaping and Architectural Issues

 

16.  Required Buffers:  That the following landscape buffer be provided; and if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by fencing from adjacent construction:

Location of Buffer	Required  Buffer
Fordham Boulevard frontage	30’ Type ‘D’ Buffer (except for alternate buffer approved by the Community Design Commission)
Willow Drive frontage	Min 15  Type ‘A’ Buffer
University Mall  (south property line)	Min 15’ Type B Buffer
University Mall (west property line)	Min 15’ Type B Buffer (includes buffer area on University Mall property)

 

17. Alternative Landscape Buffer: That the details for the proposed alternate landscape buffers along Fordham Boulevard, including the landscaping around the stormwater facility, shall be reviewed and approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.

 

18. Landscape Protection Plan:  That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees shall be removed and preserved, as well as all significant tree stands, and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

19. Landscaping Plan: That a detailed landscape plan including a landscape maintenance plan, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The landscape plan shall indicate the size, type, and location of all proposed plantings.

 

20.Revised Significant Tree Stand Plan: That the Final Plan application shall included the following revisions to the significant tree stand map:

 

a.       Extension of the primary tree stand area, as identified on Sheet L2, to include the four oak trees between the proposed choral addition and the new driveway; and

 

b.      Identify and label the secondary tree stand area in the northwest corner of the site.

 

That prior to the issuance of a Zoning Compliance Permit, a revised significant tree stand plan shall be reviewed and approved by the Town Manager.

 

21.              Tree Protection Fencing:  That the limits of land disturbance with tree protection fencing, shall be shown on the Landscape Protection Plan, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

22.  Parking Lot Screening: That all parking areas shall be screened from view in accordance with the provisions of Article 5.6 of the Land Use Management Ordinance.  The screening plans shall be approval by the Town Manager.

 

23.Building Elevations:  That the Community Design Commission approve building elevations, including the location and screening of all HVAC/Air Handling Units for this project, prior to issuance of a Zoning Compliance Permit.

 

24.Lighting Plan:  That the Community Design Commission approve a lighting plan for this project prior to issuance of a Zoning Compliance Permit.

 

Stipulations Related to Environmental Issues

 

25.Watershed Protection District / Impervious Surface Limits: That the site shall comply with Article 3.6.4 of the Land Use Management Ordinance.  Impervious surface area is authorized at 90, 605 square feet.

 

26.Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager. The plan shall construct the stormwater feature as shown on Attachment 16.

 

The plan shall be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate and the post-development stormwater runoff volume shall not exceed the pre-development volume for the local 2-year frequency, 24-hour duration storm event. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.

 

27.  Land Disturbance in the Significant Tree Stand Areas:  That except for land disturbance associated with the installation of the proposed stormwater feature, as shown by Attachment #16, land disturbance associated with stormwater management, within the Significant Tree Stand areas, as approved on the Final Plans, shall be prohibited.

 

28.  Storm Drainageway Easement: That all stormwater management improvements, outside public right-of-way, shall be located inside reserved storm drainageway easements, per Town guidelines, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

29.  Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.

 

30.  State or Federal Approvals:  That any required State or federal permits or encroachment agreements must be approved by the appropriate agencies and copies of the approved permits be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

31.  Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit.  That a performance guarantee be provided in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.

 

32.  Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

Stipulations Related to Utility and Service Issues

 

33.  Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, and for managing and minimizing construction debris and removal of existing residential debris piles, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

34.  Heavy Duty Pavement:  That all new drive aisles needed to access refuse containers, including if applicable the reconstructed University Mall driveway, shall be constructed of heavy duty pavement.  The final plans must include a detail of this pavement section.  It will also be necessary to include the following note on the final plans: “The Town of Chapel Hill, its’ assigns or Orange County shall not be responsible for any pavement damage that may result from service vehicles.

 

35.  Overhead Obstruction/Utility Lines:  That the final plans included details verifying that no overhead obstruction or utility wires will interfere with service vehicle access or operation.

 

36.  Utility/Lighting Plan Approval: That the final Utility/Lighting Plan be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.

 

37.  Utility Line Placement: That all new utility lines shall be placed underground. The applicant shall indicate proposed off-site utility line routing and upgrades required to service the site on Final Plans, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

38.  Fire Flow: That a fire flow report, shall be prepared and sealed by a registered professional engineer, and showing that flows meet the minimum requirements of the Town Design Manual, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

Stipulations Related to Miscellaneous Issues

 

39.  Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle traffic will be managed, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

40.  Traffic and Pedestrian Control Plan:  That prior to the issuance of a Zoning Compliance Permit the Town Manager review and approve a Traffic Management Plan for movement of motorized and non-motorized vehicles on any public streets (maintained and operated by the Town or the NCDOT) that will be disrupted during construction.  This plan shall include detour information and a Pedestrian Management Plan indicating how pedestrian movements on or adjacent to public rights-of-way will be safely maintained.

41.  Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited unless it is demonstrated to the Town Manager or his designee that no reasonable alternative means are available for removal of the materials from the subject property. The Fire Marshall may establish safety standards, which must be met in order to receive a permit.

 

42.  Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Land Use Management Ordinance and the Design Manual.

 

43.  As-Built Plans: That as-built plans in DXF binary format using State plane coordinates, shall be provided for street improvements and all other existing or proposed impervious surfaces prior to issuance of the first Certificate of Occupancy.

 

44.  Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.

 

That if the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and if applicable a note to this effect shall be placed on the final plan and/or plat.

 

45.  Construction Sign: That the applicant shall post a construction sign that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Building Permit, prior to the commencement of any land disturbing activities. The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.

 

46.  Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

 

47.  Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit application for Olin T. Binkley Memorial Baptist Church in accordance with the plans and conditions listed above.

 

This is the            day of                    , 2004.

ATTACHMENT 4

 

RESOLUTION B

(Planning Board’s Recommendation)

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR OLIN T. BINKLEY MEMORIAL BAPTIST CHURCH

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Philip Szostak Associates for Olin T. Binkley Memorial Baptist Church. on property identified as Chapel Hill Township Tax Map 50, Block D, Lot 2 (PIN 9799234058) if developed according to the site plans dated November 26, 2003, site plan labeled Exhibit A, dated January 22, 2004, Attachments 15 and 16, and conditions listed below, would:

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;

 

2.         That the use or development complies with all required regulations and standards of this Chapter, including all applicable provisions of Articles 3, and 5, the applicable specific standards contained in Supplemental Use Regulations (Article 6), and with all other applicable regulations;

 

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; and 

 

4.         That the use or development conforms with the general plans for the physical development of the Town as embodied in this Chapter and in the Comprehensive Plan.

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for Olin T. Binkley Memorial Baptist Church in accordance with the plans listed above and with the conditions listed below:

 

1.      Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development unless modified or superseded by those stipulations below.

 

2.      Deleted Stipulation: That the stipulations regarding a) Pedestrian/Bicycle Path along Fordham Boulevard, and b) Internal Sidewalks shall be deleted.

 

3.      Modified Stipulation: That the stipulation regarding Traffic/Accident Study on Willow Drive shall be modified to require an accident analysis 1 year after construction of the driveway. That the stipulation regarding Elimination of the Curb-Cut and Driveway near University Mall Driveway shall permit the applicant to close the curb cut within 6 months or two years of construction (whichever is later).

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit application for Olin T. Binkley Memorial Baptist Church in accordance with the plans and conditions listed above.

 

This is the            day of                    , 2004.

ATTACHMEMT 5

 

RESOLUTION C

(Transportation Board’s Recommendation)

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR OLIN T. BINKLEY MEMORIAL BAPTIST CHURCH

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Philip Szostak Associates for Olin T. Binkley Memorial Baptist Church. on property identified as Chapel Hill Township Tax Map 50, Block D, Lot 2 (PIN 9799234058) if developed according to the site plans dated November 26, 2003, site plan labeled Exhibit A, dated January 22, 2004, Attachments 15 and 16, and conditions listed below, would:

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;

 

2.   That the use or development complies with all required regulations and standards of this Chapter, including all applicable provisions of Articles 3, and 5, the applicable specific standards contained in Supplemental Use Regulations (Article 6), and with all other applicable regulations;

 

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; and 

 

4.   That the use or development conforms with the general plans for the physical development of the Town as embodied in this Chapter and in the Comprehensive Plan.

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for Olin T. Binkley Memorial Baptist Church in accordance with the plans listed above and with the conditions listed below:

 

1.   Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development unless modified or superseded by those stipulations below.

 

2.   Deleted Stipulation: That the stipulations regarding a) Agreement with University Mall Property Owner, b) Pedestrian/Bicycle Path along Fordham Boulevard, and c) Internal Sidewalks shall be deleted.

 

3.   Modified Stipulation: That the stipulation regarding Traffic/Accident Study on Willow Drive shall be modified to require a traffic analysis 1 year after construction of the driveway.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit application for Olin T. Binkley Memorial Baptist Church in accordance with the plans and conditions listed above.

 

This is the            day of                    , 2004.

ATTACHMENT 6

 

RESOLUTION D

(Community Design Commission’s Recommendation)

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR OLIN T. BINKLEY MEMORIAL BAPTIST CHURCH

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Philip Szostak Associates for Olin T. Binkley Memorial Baptist Church. on property identified as Chapel Hill Township Tax Map 50, Block D, Lot 2 (PIN 9799234058) if developed according to the site plans dated November 26, 2003, site plan labeled Exhibit A, dated January 22, 2004, Attachments 15 and 16, and conditions listed below, would:

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;

 

2. That the use or development complies with all required regulations and standards of this Chapter, including all applicable provisions of Articles 3, and 5, the applicable specific standards contained in Supplemental Use Regulations (Article 6), and with all other applicable regulations;

 

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; and 

 

4. That the use or development conforms with the general plans for the physical development of the Town as embodied in this Chapter and in the Comprehensive Plan.

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for Olin T. Binkley Memorial Baptist Church in accordance with the plans listed above and with the conditions listed below:

 

1.      Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development unless modified or superseded by those stipulations below.

 

2.      Deleted Stipulation: That the stipulations regarding a) Agreement with University Mall Property Owner, b) Pedestrian/Bicycle Path along Fordham Boulevard, and c) Internal Sidewalks shall be deleted.

 

3.      Modified Stipulation: That the stipulation regarding Traffic/Accident Study on Willow Drive shall be modified to require a traffic analysis 2 years after construction of the driveway.  That the stipulation regarding Elimination of the Curb-Cut and Driveway near University Mall Driveway shall permit the applicant to close the curb cut within 6 months or two years of construction (whichever is later).

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit application for Olin T. Binkley Memorial Baptist Church in accordance with the plans and conditions listed above.

 

This is the            day of                    , 2004.

ATTACHMENT 7

 

RESOLUTION E

(Bicycle and Pedestrian Advisory Board’s Recommendation)

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR OLIN T. BINKLEY MEMORIAL BAPTIST CHURCH

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Philip Szostak Associates for Olin T. Binkley Memorial Baptist Church. on property identified as Chapel Hill Township Tax Map 50, Block D, Lot 2 (PIN 9799234058) if developed according to the site plans dated November 26, 2003, site plan labeled Exhibit A, dated January 22, 2004, Attachments 15 and 16, and conditions listed below, would:

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;

 

2.      That the use or development complies with all required regulations and standards of this Chapter, including all applicable provisions of Articles 3, and 5, the applicable specific standards contained in Supplemental Use Regulations (Article 6), and with all other applicable regulations;

 

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; and 

 

4.      That the use or development conforms with the general plans for the physical development of the Town as embodied in this Chapter and in the Comprehensive Plan.

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for Olin T. Binkley Memorial Baptist Church in accordance with the plans listed above and with the conditions listed below:

 

1.      Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development unless modified or superseded by those stipulations below.

 

2.      Deleted Stipulation: That the stipulations regarding a) Construction Completion Date, b) Improvements within NDCOT Right-of-Way and c) Traffic/Accident Study on Willow Drive, Stormwater Management Design as shown by Attachment 16 shall be deleted.

 

3.      Modified Stipulation: That the stipulation regarding Traffic/Accident Study on Willow Drive shall be modified to require a traffic analysis 2 years after construction of the driveway.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit application for Olin T. Binkley Memorial Baptist Church in accordance with the plans and conditions listed above.

 

This is the            day of                    , 2004.

ATTACHMENT 8

 

RESOLUTION F

                                                                                        (Denying the Special Use Permit Application)

 

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR OLIN T. BINKLEY MEMORIAL BAPTIST CHURCH

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Philip Szostak Associates for Olin T. Binkley Memorial Baptist Church. on property identified as Chapel Hill Township Tax Map 50, Block D, Lot 2 (PIN 9799234058) if developed according to the site plans dated November 26, 2003, site plan labeled Exhibit A, dated January 22, 2004, Attachments 15 and 16, and conditions listed below:

1.      Would not be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

 

2.      Would not comply with all required regulations and standards of this Chapter, including all applicable provisions of Articles 3, and 5, the applicable specific standards contained in Supplemental Use Regulations (Article 6), and with all other applicable regulations;

 

3.      Would not be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

 

4.      Would not conform with the general plans for the physical development of the Town as embodied in this Chapter and in the Comprehensive Plan.

 

BE IT FURTHER RESOLVED that the Town Council hereby denies the application for a Special Use Permit for Olin T. Binkley Memorial Baptist Church in accordance with the plans listed above and with the conditions listed below:

 

                                    (INSERT ADDITIONAL REASONS FOR DENIAL)

 

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for Olin T. Binkley Memorial Baptist Church as proposed by Philip Szostak Associates.

 

This the _________ day of _______________, 2004.