TO: Mayor and Town Council
From: W. Calvin Horton, Town Manager
Subject: Olin T. Binkley Memorial Baptist Church: Application for Special Use Permit
DATE: May 10, 2004
INTRODUCTION
Tonight the Council continues the Public Hearing from April 14, 2004, regarding 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).
MANAGER’S RECOMMENDATION
Based on the information in the record to date, we believe that the Council could make the findings required to approve the Special Use Permit application. We recommend that the Council adopt Resolution A, approving the application.
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This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
¨ Cover Memorandum: Provides background on the development proposal, discusses key issues raised at the April 14, 2004 Public Hearing, presents evidence in the record thus far in support of and in opposition to approval of the application, and offers recommendations for Council action and includes resolutions of approval and denial.
¨ Attachments: Includes a copy of a document from the applicant and the March 15, 2004 Public Hearing memorandum.
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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.
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.”
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.
KEY ISSUES
We have identified two key issues associated with this development. These issues are discussed below.
1) 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 March 2000 University Mall Special Use Permit.
In particular the Planning 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 Planning Board recommended that the Council recognize this topic as a key issue and find a solution or stipulation that result in the construction of this improvement (Attachment 9 to the April 14, 2004 Public Hearing memorandum). The Board encouraged the applicant and staff to continue to work with the University Mall owners on this matter.
During the April 14, 2004 Public Hearing, staff recommended 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 recommendation for an agreement between the property owners was stipulated in the Manager’s April 14, 2004, Preliminary Recommendation of Approval (Resolution A, Stipulation #8).
Staff Comment: In response to the concerns expressed during the Planning Board meeting, and subsequent questioning by the Town Council during the April 14, 2004 Public Hearing, the applicant has submitted a draft copy of a proposed statement of agreement between the University Mall and Olin T. Binkley Baptist Church (Attachment #1).
Execution of this document will allow the Town to enforce a condition of the University Mall Special Use Permit requiring that the University Mall reconfigure the driveway.
2) Bike/pedestrian path in Fordham Boulevard right-of-way: NCDOT Approval: The Manager’s recommended resolution of approval stipulates 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. During the Public Hearing a Council Member encouraged Town staff to work closely with the North Carolina Department of Transportation and assist the applicant in securing an encroachment agreement for the required bicycle/pedestrian path in the Fordham Boulevard right-of-way.
Staff Comment: In response to the Council Member’s comment, staff contacted the NCDOT District Engineer and discussed the probability of DOT granting an encroachment agreement for the path. The response from the District Engineer indicated that NCDOT would likely grant an encroachment agreement. As evidence of likely support, it was noted that NCDOT recently granted an encroachment agreement for a sidewalk segment along Fordham Boulevard, between Willow Drive and Estes Drive and that the proposed path could be considered an extension of that recently constructed sidewalk segment. The NCDOT Engineer indicated that a separate encroachment agreement would have to be obtained for the proposed path adjacent to the applicant’s property.
EVALUATION OF THE APPLICATION
The standard for review and approval of a Special Use Permit application involves consideration of four findings of fact that the Council must consider for granting a Special Use Permit. Based on the evidence that is accumulated during the Public Hearing, the Council will consider whether it can make each of the four required findings for the approval of a Special Use Permit. If, after consideration of the evidence submitted at the Public Hearing, 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.
Tonight, based on the evidence in the record thus far, we provide the following evaluation of this application based on the four findings of facts that the Council must consider for granting a Special Use Permit.
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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.
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We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of this finding for the application has been provided by the applicant’s Statement of Justification (provided as Attachment #13 to the April 14, 2004 memorandum).
We note the following points from the applicant’s Statement of Justification:
· “Daily trip generation will be less than 500.” [Applicant’s Statement]
· “Utilities and services such as sewer, water, electric, garbage collection, and fire protection are currently provided to the site and are adequate for the proposed addition.” [Applicant’s Statement]
· “The entire site is above elevation 264’ and is, therefore, not in the Resource Conservation District.” [Applicant’s Statement]
Evidence in opposition: We have not identified any evidence offered in opposition to Finding #1.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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Finding #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 in the Supplemental Use Regulations (Article 6) and with all other applicable regulations.
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We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of Finding #2 for this application has been provided by the applicant’s Statement of Justification.
We note the following points from the applicant’s Statement of Justification:
· “The proposed development complies with landscape buffer requirements (type “A” buffer), setbacks, height restrictions, parking requirements, and intensity regulations.” [Applicant’s Statement]
· “There are 22,000 square feet of recreation space and a solar setback of 140’ existing on the site and will remain with the proposed development.” [Applicant’s Statement]
Evidence in opposition: We have not identified any evidence offered in opposition to Finding #2.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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Finding #3: That the use would be 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.
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We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of Finding #3 for this application has been provided by the applicant’s Statement of Justification.
We note the following points from the applicant’s Statement of Justification:
· “Refurbishing the existing church and creating a new front entrance, recognizable from
Fordham Boulevard, will enhance surrounding property value.” [Applicant’s Statement]
· “The proposed development is a public necessity since it merges the existing church
entrance with the University Mall entrance, which are currently less than 20 feet apart, by
adding a new turn lane to the University Mall entrance.” [Applicant’s Statement]
Evidence in opposition: We have not identified any evidence offered in opposition to Finding #3.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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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.
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We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of Finding #4 for this application has been provided by the applicant’s Statement of Justification.
We note the following key points from the applicant’s Statement of Justification:
· “The proposed use and development conforms with all of the general plans for the physical development of the town.” [Applicant’s Statement]
Evidence in opposition: We have not identified any evidence offered in opposition to Finding #4.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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.
RECOMMENDATIONS
Recommendations are summarized below. Please see summaries of board actions and recommendations in the April 14, 2004, Public Hearing memorandum attachments.
The recommendations of the Planning Board, Transportation Board, Community Design Commission, and Manager all contain three conditions recommended by the Planning Board:
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. In order to conduct an accident and traffic study reflecting accurate traffic patterns, 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.
Second, the Planning Board recommends that the westernmost curb cut, next to the University Mall Harris Teeter driveway shall be within an 18 month period after the redesigned University Mall driveway is constructed. The Manager recommends that this improvement be made at the 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 retain 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 and 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 from the April 14, 2004 Public Hearing memorandum for locations of the above described improvements.
Manager’s Recommendation: Based on the information in the record to date, we believe that the Council could make the findings required to approve the Special Use Permit application. We recommend that the Council adopt Resolution A, approving the application with conditions.
Resolution B would approve the application as recommended by the Planning Board.
Resolution C would approve the application as recommended by the Transportation Board.
Resolution D would approve the application as recommended by the Community Design Commission.
Resolution E would approve the application as recommended by the Bicycle and Pedestrian Advisory Board.
Resolution F would deny the application.
Olin T. Binkley Memorial Baptist Church - Special Use Permit
Differences between Resolutions
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ISSUES |
Resolution A (Approval)
Town Manager’s Preliminary Recommendation |
Resolution B (Approval)
Planning Board |
Resolution C (Approval)
Transportation Board |
Resolution D (Approval)
Community Design Commission |
Resolution E (Approval) Bicycle & Pedestrian Advisory Board Recommendation |
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Construction completion date after Council approval |
Ten years |
Ten years |
Ten years |
Ten years |
* |
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Improvement in NCDOT r-o-w subject to obtaining an encroachment agreement from NCDOT |
Yes |
Yes |
Yes |
Yes |
* |
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Accident/Traffic Analysis on Willow Drive |
Accident/traffic analysis 2 years after completion |
Accident analysis 1 year after completion |
Traffic analysis 1 year after completion |
Traffic analysis 2 years after completion |
* |
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Stormwater management design as shown on Attachment 16 |
Yes (Shall comply with LUMO stormwater stds) |
Yes (Shall comply with LUMO stormwater stds |
Yes (Shall comply with LUMO stormwater stds |
Yes (Shall comply with LUMO stormwater stds |
* |
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Timetable for closing curb-cut after redesigned Mall driveway constructed |
Same time redesigned driveway is completed |
Within 6 months or 2 years of construction, whichever is later |
Same time redesigned driveway is completed |
Within 6 months or 2 years of construction, whichever is later |
Same time redesigned driveway is completed |
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Bicycle/pedestrian path on gravel lane in Fordham Blvd r-o-w |
Yes |
* |
* |
* |
Yes |
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Additional internal sidewalks as shown on Attachment 15 |
Yes |
* |
* |
* |
Yes |
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Agreement with University Mall on constructing the reconfigured driveway |
Yes |
Yes |
* |
* |
* |
* - Issues not raised as
Advisory Board meeting.
ATTACHMENTS
1. Draft driveway agreement (p. 25).
2. April 14, 2004 Public Hearing Item (p. 26).
Project Fact Sheet Requirements
Check List of Regulations and Standards
Olin T. BinkleyMemorial Baptist Church |
Compliance |
Non-Compliance |
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Use Permitted |
Ö |
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Min. Gross Land Area |
Ö |
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Min. Lot Size |
Ö |
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Min. Lot Width |
Ö |
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Max. Floor Area |
Ö |
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Impervious Surface Limits |
Ö |
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Treatment of Stormwater Quality, Volume, and Rate |
Ö |
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Min. Outdoor Space |
Ö |
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Min. # Parking Spaces |
Ö |
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Max. # Dwelling Units |
N/A |
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Min. Street Setback |
Ö |
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Min. Interior Setback |
Ö |
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Min. Solar Setback |
Ö |
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Max. Height Limit |
Ö |
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Min. Landscape Buffers |
With Alternate Buffer approval from the Community Design Commission |
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N/A = Not Applicable Prepared: April 14, 2004
RESOLUTION A
(Manager’s Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR OLIN T. BINKLEY MEMORIAL BAPTIST CHURCH (2004-05-10/R-13a)
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,
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 May 10, 2006 and be completed May 10, 2014.
2. Land Use Intensity: This Special Use Permit authorizes a place of worship and land use intensity requirements and dimensional standards as specified below:
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Land Use Intensity |
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Net Land Area |
215,709 sq ft |
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Total # of Buildings |
3 (including 2 sheds) |
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Maximum Floor Area |
32,170 sq ft |
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Maximum Impervious Surface Area |
90,605 sq ft |
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Maximum # of Parking Spaces Proposed |
87 |
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Minimum # of Bicycle Spaces |
10 |
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 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.
7. Agreement with University Mall Property Owner: That the applicant shall provide, 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.
8. 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 reconstruct the Mall driveway into a three lane cross-section. Said easements must be reviewed 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 an 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.
9. 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 re-grading/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.
10. 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.
11. 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.
12. Bicycle Parking: That the development shall comply with the Town’s Design Manual for bicycle parking standards as follows:
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Total Number or Required Spaces |
10 |
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Number of Class I Spaces |
2 |
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Number of Class II Spaces |
8 |
13. 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.
14. 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
15. 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:
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Location of Buffer |
Required Buffer |
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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) |
16. 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.
17. 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.
18. 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.
19. Revised Significant Tree Stand Plan: That the Final Plan application shall include 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.
20. 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.
21. 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 approved by the Town Manager.
22. 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.
23. 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
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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
32. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, and for managing and minimizing construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
33. 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.”
34. Overhead Obstruction/Utility Lines: That the final plans include details verifying that no overhead obstruction or utility wires will interfere with service vehicle access or operation.
35. 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.
36. 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.
37. Fire Flow: That a fire flow report shall be prepared and sealed by a registered professional engineer, 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.
38. 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.
39. 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.
40. Open Burning: That the open burning of trees, limbs, stumps and construction debris associated 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.
41. 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.
42. 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.
43. 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.
44. 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.
45. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
46. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED 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 the 10th day of May, 2004.
RESOLUTION B
(Planning Board’s Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR OLIN T. BINKLEY MEMORIAL BAPTIST CHURCH (2004-05-10/R-13b)
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,
1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would comply 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;
3. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Would 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 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).
BE IT FURTHER RESOLVED 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 the 10th day of May, 2004.
RESOLUTION C
(Transportation Board’s Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR OLIN T. BINKLEY MEMORIAL BAPTIST CHURCH (2004-05-10/R-13c)
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,
1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would comply 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;
3. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Would 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 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.
BE IT FURTHER RESOLVED 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 the 10th day of May, 2004.
RESOLUTION D
(Community Design Commission’s Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR OLIN T. BINKLEY MEMORIAL BAPTIST CHURCH (2004-05-10/R-13d)
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,
1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would comply 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;
3. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Would 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 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).
BE IT FURTHER RESOLVED 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 the 10th day of May, 2004.
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 (2004-05-10/R-13e)
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,
1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would comply 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;
3. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Would 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 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.
BE IT FURTHER RESOLVED 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 the 10th day of May, 2004.
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 (2004-05-10/R-13f)
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,
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, or that the use or development is a public necessity; 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)
BE IT FURTHER RESOLVED that the Council hereby denies the application for Olin T. Binkley Memorial Baptist Church as proposed by Philip Szostak Associates.
This the 10th day of May, 2004.