AGENDA #2

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Public Hearing: UNC Softball Field Complex – Application for Special Use Permit (File No. 73..2A)

DATE: May 17, 2004

INTRODUCTION

Attached for your consideration is an application for a Special Use Permit for the University of North Carolina at Chapel Hill Softball Field Complex. The proposed construction would add a team building, restroom facilities, concession stand, press box, and ticket offices for a total of 4,500 square feet of building area to the existing fields. The 4.8-acre site is located between the UNC General Administration Building on Raleigh Road and the St. Thomas More Church.

The site is located in the Residential-1 (R-1) zoning district, with a portion in the Resource Conservation District and the Watershed Protection District, and is identified as Orange County Tax Map 73, Lot 2A.

On March 22, 2004, the Town Council granted expedited processing for review of this Special Use Permit application.

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 conditions to impose upon the proposed development.

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 and 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, citizen letters, 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.

DESCRIPTION OF THE APPLICATION

The Special Use Permit application proposes to construct approximately 4,500 square feet of floor area, including a 1,050 square foot restroom facility, a 2,230 square foot team building, concession, press box, and ticket office space. The proposal includes paving the existing driveway and reducing the number of parking spaces from 46 spaces to 26 spaces. The existing fields, batting cages, and bleachers were constructed in 2000 and this application will enhance the existing facilities.

BACKGROUND

A Concept Plan Review of this application was conducted by the Community Design Commission on February 25, 2004, and the Council on March 15, 2004. On March 22, 2004, the Town Council granted expedited processing for review of this Special Use Permit application.

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. We have prepared a Staff Report that discusses the existing site, Resource Conservation District issues, and the proposed modification of regulations. A checklist describing compliance with regulations is also provided as an attachment to this memorandum.

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 in Resolution A, except for the proposed modification of regulations. 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 other 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:

Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application. 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.

KEY ISSUE

Our full evaluation is included in the attached Staff Report. Based on the review of this development application by Town advisory boards and the Town staff, we believe that the key issue that has been identified pertains to the proposed modification of regulations.

PROPOSED MODIFICATION OF REGULATIONS

The applicant is requesting that the Council modify the Land Use Management Ordinance regulations for this site. Section 4.5.6 of the Land Use Management Ordinance states:

“Where actions, designs, or solutions proposed by the applicant are not literally in accord with applicable special use regulations, general regulations, or other regulations in this Chapter, but the Town Council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree, the Town Council may make specific modification of the regulations in the particular case. Any modification of regulations shall be explicitly indicated in the Special Use Permit or Modification of Special Use Permit.”

The applicant is requesting modification of the following two sections of the Land Use Management Ordinance:

Permitted Uses within the Resource Conservation District, Section 3.6.3-2: detention/retention basins and associated infrastructure are not permitted in the Stream Side Zone; and

Use Regulations, Section 3.7: College/University use not permitted in Residential-1 zoning district.

Permitted Uses within Resource Conservation District: Section 3.6.3-2 of the Land Use Management Ordinance, as it pertains to uses within the Resource Conservation District, does not permit detention/retention basins and associated infrastructure within the Stream Side Zone. The applicant requests a modification of Section 3.6.3-2 of the Land Use Management Ordinance to acknowledge the existing sediment basin on the site. The existing basin is proposed to remain, although it will be cleared of excess sediment, and will continue to provide stormwater management.

Use Regulations: Section 3.7 of the Land Use Management Ordinance, as it pertains to uses within each zoning district, does not permit College/University land uses in the low density residential zoning districts. The applicant is requesting a modification of Section 3.7 of the Land Use Management Ordinance regarding permitted uses.

Staff Comment: A Non-Profit Recreation Facility is a land use permitted in the Residential-1 zoning district. A Non-Profit Recreation Facility is a non-profit facility that provides recreational activities such as a private country club, golf course, tennis club or athletic field. When land disturbance exceeds 40,000 square feet, a Non-Profit Recreation Facility would require approval of a Special Use Permit. The UNC Softball Complex, however, is not a Non-Profit Recreation Facility. Because the facility is owned and operated by UNC, we consider the use to be a College or University land use. A College/University land use is not allowed in the Residential-1 zoning district. If this softball complex was a private non-profit recreational facility, the use would be allowed with the approval of a Special Use Permit.

We believe that the applicant’s request to modify Sections 3.6.3-2 and 3.7 of the Land Use Management Ordinance is reasonable because of the following existing conditions:

The University is not subject to the Resource Conservation District overlay zoning districts; and

The sediment basin is an existing use; and

The UNC softball fields are an existing use, constructed without needing Town approval; and

The University has assembled funding and there is a public purpose involved in improving this existing facility; and

The University as an educational institution, is improving this recreational facility to better serve the women’s softball program and advance the educational objectives of the University.

Our recommendation is that the Council modify those sections of the Land Use Management Ordinance requested by the applicant as discussed above. We believe that the Council may find that the proposed development, with each of the modifications requested above, would satisfy public purposes to a degree equivalent to that which would be achieved with full compliance with all the regulations. Stipulations representing our recommended modifications are contained in Resolution A.

Accordingly, we recommend that the Council modify the regulations as follows:

Modification of Section 3.6.3-2 of the Land Use Management Ordinance to acknowledge the existing sediment basin in the Resource Conservation District; and

Modification of Section 3.7 of the Land Use Management Ordinance to allow College/University land use in the Residential-1 zoning district.

Alternatively, the Council could reasonably conclude that some or all of the proposed modifications would not satisfy public purposes to an equivalent or greater degree and could therefore deny the application or require compliance with the particular regulation.

SUMMARY

We have attached a resolution that includes standard conditions of approval as well as special conditions that we recommend for this application. The special conditions that we recommend are described in detail in the accompanying staff report. With these conditions, we believe that the Council could make the findings regarding health, safety, and general welfare, property values, and consistency with the Comprehensive Plan. 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:

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

· Public Service Company, and

· BellSouth.

Community Design Commission reviews and approves building elevations and site lighting.
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.
State Department of Insurance issues Building Permits.

RECOMMENDATIONS

Recommendations are summarized below. Please see summaries of board actions and recommendations in the attachments.

Planning Board Recommendation: On May 4, 2004, the Planning Board voted 9-0 to recommend that the Council approve this application, with the adoption of Resolution A. Please see the attached Summary of Planning Board Action.

Transportation Board Recommendation: On May 4, 2004, the Transportation Board voted 7-0 to recommend that the Council approve this application, with the adoption of Resolution A. Please see the attached Summary of Planning Board Action.

Community Design Commission Recommendation: The Community Design Commission will meet on May 19. We will provide the recommendation as soon as it is available.

Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board will meet on May 25. We will provide the recommendation as soon as it is available.

Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary conclusion is that, with the stipulations 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 B would deny the application.

ATTACHMENTS

Staff Report (p. 8).
Project Fact Sheet Requirements (p. 16).
Resolution A (Approving the application) (p. 17).
Resolution B (Denying the application) (p. 22).
Summary of Action – Planning Board (p. 23).
Summary of Action – Transportation Board (p. 24).
Summary of Town Council Concept Plan Review (p. 25).
Summary of Community Design Commission Concept Plan Proposal (p. 27).
Statement of Justification (p. 29).
Project Fact Sheet (p. 31).
Area Map (p. 33).
Reduced Plans (p. 34).

ATTACHMENT 1

Staff Report

SUBJECT: Public Hearing: UNC Softball Field Complex Improvements – Application for Special Use Permit (File No. 7.73..2A; PIN 9788941696)

DATE: May 17, 2004

INTRODUCTION

Attached for your consideration is a request for a Special Use Permit for the UNC Softball Field Complex Improvements located near the UNC General Administration Building and the St. Thomas More Church. The applicant is proposing to construct approximately 4,500 square feet of floor area to the Softball Field Complex including a team building, restroom facilities, concession stand, ticket sales office, and a press room. A paved driveway and parking area with a total of 26 parking spaces are proposed using the current access from the UNC General Administration Building. The site is located in the Residential-1 (R-1) zoning district. The site is located in Orange County and is identified as Chapel Hill Township Map 73, Lot 2A (PIN 9788941696).

BACKGROUND

The following activities have taken place regarding the UNC Softball Field Complex site:

Fall 2000 Initial construction of softball facilities (fields, bleachers, and parking)

February 25, 2004 Community Design Commission review of Concept Plan for UNC Softball Field Complex (a copy of the Community Design Commission Concept Plan Summary is attached)

March 15, 2004 Town Council review of Concept Plan for UNC Softball Field Complex (a copy of the Council minutes is attached)

March 22, 2004 Town Council approval of expedited processing of Special Use Permit for UNC Softball Field Complex Improvements

EVALUATION

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

Existing Conditions

Location: The UNC Softball Field Complex is sited on a 4.8-acre site located near the UNC General Administration Building and the St. Thomas More Church, near NC 54. The east property line is along the UNC General Administration Building and is approximately 420 feet long. The south property line, adjacent to the St. Thomas More Church, is approximately 565 feet long. The UNC Chancellor’s residence is to the northwest of the facility.

Existing Structures/Development: The site includes an existing softball field with dugouts, bleachers, batting cages, and a gravel parking lot.

Vehicular Access: Vehicular access is from the UNC General Administration Office parking lot. The UNC General Administration Office parking lot also functions as an overflow parking area for the site. The gravel driveway is approximately 450 feet long.

Parking: An on-site gravel parking lot with 46 parking spaces is located along the southern property line.

Topography, Drainage, Vegetative Cover: The UNC Softball Field Complex site slopes generally from the high elevation of approximately 316 feet near the western property line toward the access driveway. The access driveway crosses Chapel Creek at an elevation of approximately 278 feet, the lowest elevation on the site. Chapel Creek crosses along the eastern property line.

Except for the natural vegetative cover associated with Chapel Creek, most of the area that would be within this proposed Special Use Permit has been developed either with softball fields or the associated gravel parking lot.

Development Description

The proposed Special Use Permit would encumber 4.8 acres of land.

The applicant proposes construction of 4,500 square feet of floor area. An approximately 2,230 square foot team building would be used to house locker rooms and support space for the softball program. Restroom facilities would be constructed with a floor area of 1,050 square feet of floor area. The remaining floor area would be used for a ticket sales building, a press building, and a concession area.

The applicant is also proposing to pave the existing gravel driveway and reduce the number of parking spaces from 46 spaces to 26 parking spaces. Seven on-site bicycle parking spaces are also planned.

The applicant intends to comply with the required landscape buffer widths and plantings. The applicant is proposing to exceed the minimum buffer width for all the required bufferyards.

A new stormwater treatment feature is proposed at the bio-retention area of the parking area west of the new buildings. Roof drains from the new buildings and the parking area will be tied to the new basin. The existing sediment basin/detention facility will be cleared of excess sediment and continue to operate as originally designed. That existing basin area will not be used for any new stormwater treatment due to its location within the Resource Conservation District. If any changes in grading are proposed for the existing basin, detailed drawings as well as construction and maintenance access for this basin will be required prior to issuance of a Zoning Compliance Permit.

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

The applicant is not proposing any off-site improvements.

Ordinance Requirements

Zoning: This property and adjacent property to the west is zoned Residential-1 (R-1). The UNC General Administration Building to the east is zoned Office/Institutional-2 (OI-2) and the St. Thomas More Church property is zoned Residential-5-Conditional (R-5-C). Some of the permitted uses in the Residential-1 zoning district include single-family dwelling units, Place of Worship, Elementary or Secondary Schools, and Recreational Facility: Non-profit. The applicant is requesting modification of the Land Use Management Ordinance Section 3.7 Use Regulations, to allow a University-affiliated recreation area in a low-density residential zoning district.

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

Dimensional Standards: The proposed project meets the dimensional standards outlined in the Dimensional Matrix (Table 3.8-1) of the Land Use Management Ordinance for the Residential-1 zoning district for the 4.8-acre proposal.

Transportation Issues

Vehicular Access: The applicant is proposing to pave the existing gravel driveway extending from the parking lot of the UNC General Administration Building.

Parking: There are no minimum parking requirements for this University use listed in the Land Use Management Ordinance. The applicant indicates that the softball complex utilizes the UNC General Administration Building parking lot for spectator parking. A shared-use agreement between the University and the General Administration Building allows the lot to be used for all games and special events. The proposed 26 parking spaces on-site are designated for coaches, players, and officials only. We recommend that the parking lot be constructed to Town standards and have included a stipulation in Resolution A to this effect.

Pedestrian Circulation: We do not recommend improvements to pedestrian access to the site. Presently, spectators walk up the gravel drive from the General Administration Building. The drive is not heavily traveled due to the restrictions on parking at the field. We do not recommend additional impervious surface through the Resource Conservation District.

Bicycle Parking: On-site bicycle parking spaces are proposed along the west side of the new buildings. The applicant is proposing approximately 7 spaces. We have included a stipulation in Resolution A 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 seven (7) bicycles. The bicycle rack covering may include roof eaves of suitable dimensions.

Traffic Impact: A Traffic Impact Analysis waiver was requested 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:

Daily trip generation is less than 500 (or, for a change to an existing property that does not require rezoning, difference in daily trip generation is less than 500);
No more than 250 vehicles per day (or, for a change to an existing property that does not require rezoning, no more than 250 vehicles per day) access an existing collector or local road;
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;
The applicant submits a written request for a Traffic Impact Analysis waiver with appropriate supporting documentation including pedestrian/bicycle analysis, if applicable; and
The Town Manager concurs with the request.

This development proposal is not proposing to generate any new additional traffic and meets the above required criteria for an exemption.

Landscaping and Architectural Issues

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

Landscape Buffers
Location	Ordinance Requirement	Applicant’s Proposal
UNC General Administration Building (east property line)	Min 10’ Type ‘B’ Buffer	Min 30’ Type ‘B’ Buffer
St. Thomas More Church (south property line)	Min 10’Type ‘B’ Buffer	Min 30’ Type ‘B’ Buffer
Chancellor’s residence (north/west property line)	Min 20’ Type ‘C’ Buffer	Min 30’ Type ‘C’ Buffer
Undeveloped R-1 Land (west property line)	Min 20’ Type ‘C’ Buffer	Min 30’ Type ‘C’ Buffer

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 material staging/storage areas. This plan must also include where tree protection fencing will be installed. We have included a stipulation in Resolution A to this effect.

We recommend that detailed landscape plans (including buffers) and landscape maintenance plans 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 have included a stipulation in Resolution A regarding this plan.

The Town’s Land Use Management Ordinance Section 5.9.6(d) requires that 35% of parking lots be shaded. All parking facilities, unless located entirely underground, are required to meet the minimum landscape requirements. We have included a stipulation in Resolution A that the parking lot as shown on the plans shall be required to demonstrate 35% shading.

We recommend that all parking lot shade trees be a minimum of 3” in caliper when installed. We have included a stipulation to this effect in Resolution A.

We also recommend that a condition be included in Resolution A that requires a 5-foot planting strip be incorporated between the building and the parking areas according to the requirements of Section 5.9.6(a) of the Land Use Management Ordinance. We recommend that the areas between the building and the parking lots be designated with plants to be specified on a Landscaping Plan.

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. We have included a stipulation in Resolution A to this effect.

Environmental Issues

Watershed Protection District: The site is located inside the Watershed Protection District and is subject to the impervious surface limits specified in Article 3.6.4 of the Land Use Management Ordinance. It is our understanding that the State is responsible for the enforcement of the water supply watershed regulations for University property and that the University will report an impervious surface tally to the State.

Floodplain: No portion of the site is located within the 100-year floodplain.

Resource Conservation District: Approximately 5,660 square feet (0.13 acres) of the site is within the Resource Conservation District. Chapel Creek runs along the eastern property line adjacent to the UNC General Administration Building.

Although this University property is not subject to the Resource Conservation District overlay zoning district, we note that the existing detention pond is in an area that we believe would be classified as Stream Side Zone in the Resource Conservation District on a non-UNC property. Detention/retention basins and associated infrastructure are prohibited from this zone in the Land Use Management Ordinance. We recommend that no additional work, beyond routine maintenance, take place in this area. The applicant is requesting a modification of the Land Use Management Ordinance Section 3.6.3-2 to acknowledge this existing facility in the Resource Conservation District.

Stormwater Management: Stormwater management on the existing site consists of an existing sediment basin/detention basin on the northwest portion of the site. This basin is located within the Resource Conservation District and the applicant indicates the only work in this area will be to rid the basin of excess sediment. A new stormwater treatment facility is planned for the bio-retention area in the middle of the parking area west of the new buildings.

We have included a stipulation in Resolution A that prior to issuance of a Zoning Compliance Permit the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager.

The square footage of the drainage area used to design the bio-retention facility appears to be larger than the actual drainage area that would drain into the bio-retention facility We recommend the plan sheets be revised to clearly delineate the drainage areas for all the stormwater facilities.

We recommend additional information be provided regarding the time of concentration used to calculate the stormwater runoff for the site. It appears that the time of concentration used is higher than we would expect to see for a site of this size. This is information that we would expect to receive during final plan review, prior to issuance of a Zoning Compliance Permit.

Stormwater Operations and Maintenance Plan: We recommend that the applicant provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the owner’s financial responsibility and maintenance schedule of the facilities to ensure that it continues to function as originally intended, to be approved by the Town Manager. We have included a stipulation to this effect in Resolution A.

Erosion Control: We recommend that a soil erosion and sedimentation control plan (including provisions for maintenance of facilities) be approved by the Orange County Erosion Control Officer or the State, whichever is applicable, and that a copy of the approval be provided to the Town Manager prior to issuance of a Zoning Compliance Permit. We also recommend that if more than one acre of land is disturbed, that a performance guarantee in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances be required prior to final authorization to begin land-disturbing activities. We have included this as a stipulation in Resolution A.

Utilities and Service Issues

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 issuance of a Zoning Compliance Permit.

We note that it is Town policy that all structures shall be located within 500 feet of a fire hydrant. In addition, we note that the Town seeks to maintain a 50-foot maximum distance between fire hydrants and fire department connections (in a clearly visible and accessible location on the street side of the buildings). We have included this as a stipulation in Resolution A.

Utilities: We recommend that detailed utility plans be reviewed and approved by OWASA, Duke Power Company, Public Service Company, BellSouth, 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.

Refuse Management: The University has developed a Solid Waste Management program in cooperation with Orange County Solid Waste Management Department. This development proposal will be covered by that agreement.

Requested Modifications of Regulations

The applicant is requesting modification of the following two standards, contained in two sections of the Land Use Management Ordinance. The requests for modifications are described below.

Modification Request #1 – Permitted Uses within the Resource Conservation District: Section 3.6.3-2 of the Land Use Management Ordinance requires that detention/retention basins and associated infrastructure are not permitted within the Stream Side Zone. The applicant requests a modification of Section 3.6.3-2 of the Land Use Management Ordinance to acknowledge the existing sediment basin on the site.

Modification Request #2 – Use Regulations: Section 3.7 of the Land Use Management Ordinance limits the land uses permitted in each zoning district. The Ordinance does not allow a college/university use in the Residential-1 zoning district.

Staff Comment: We believe that the applicant’s request to modify Sections 3.6.3-2, and 3.7 of the Land Use Management Ordinance is reasonable because of the following existing conditions:

· The University is not subject to the Resource Conservation District overlay zoning districts; and

· The sediment basin is an existing use; and

· The UNC softball fields are an existing use, constructed without need of Town approval; and

· The University has assembled funding and there is a public purpose in improving this existing facility; and

· The University, as an educational institution, is improving this recreational facility to better serve the women’s softball program and advance the educational objectives of the University.

Our recommendation is that the Council modify those sections of the Land Use Management Ordinance requested by the applicant as discussed above. We believe that the Council may find that the proposed development, with each of the modifications requested above, would satisfy public purposes to a degree equivalent to that which would be achieved with full compliance with all regulations. Stipulations representing our recommended modifications are contained in Resolution A.

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 if the Land Use Management Ordinance:

Finding #1: That the use or development is located, designed, and proposed to be operated so as to maintain or promote 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 Articles 3, and 5, the applicable specific standards contained in Supplemental Use Regulations (Article 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;

Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made with the requested modifications to regulations in the Proposed Modification of Regulations section above.

CONCLUSION

Based on information available at this stage of the application review process, and except for the particular requests for modification to the regulations, 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 fulfills the purpose of the Comprehensive Plan.

Resolution A would approve the application and the requested modifications to the regulations, with conditions.

Resolution B would deny the application.

ATTACHMENT 2

PROJECT FACT SHEET REQUIREMENTS

Check List of Regulations and Standards

Special Use Permit Application

UNC Softball Field Complex	Compliance	Non-Compliance
Use Permitted	If granted requested modification of Section 3.7
Minimum Gross Land Area	Ö
Minimum Lot Size	N/A
Minimum Lot Width	N/A
Maximum Floor Area	Ö
Impervious Surface Limit	Ö
Resource Conservation District uses	If granted requested modification of Section 3.6.3-2
Landscape Bufferyard Requirements	Ö
Treatment of Stormwater Quality, Volume, and Rate	Ö
Minimum Outdoor Space	Ö
Min. # Parking Spaces	N/A
Max. # of Dwelling Units	N/A
Min. Street Setback	Ö
Min. Interior Setback	Ö
Minimum Solar Setback	Ö
Maximum Height Limit	Ö
Minimum Landscape Buffers	Ö

N/A = Not Applicable Prepared May 4, 2004

ATTACHMENT 3

RESOLUTION A

(Town Manager’s Preliminary Recommendation

and Planning Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR UNC SOFTBALL FIELD COMPLEX IMPROVEMENTS

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Corley Redfoot Zack, Inc. for UNC-Chapel Hill on property identified as Chapel Hill Township Tax Map 73, Lot 2A (PIN 9788941696) if developed according to the site plan dated April 13, 2004, the attached Exhibit A, and the conditions listed below, would:

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;

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;

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

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 Council finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

Modification of Section 3.6.3-2 of the Land Use Management Ordinance Resource Conservation District overlay zoning, to allow an existing sediment/detention basin in the Resource Conservation District.

Modification of Section 3.7 of the Land Use Management Ordinance use regulations, to allow a college/university use in the Residential-1 zoning district.

Said public purposes being (1) The use of public funding and associated public purpose.

BE IT FURTHER RESOLVED that the Town hereby approves the application for a Special Use Permit for UNC Softball Field Complex Improvements 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 the softball field use and land use intensity requirements and dimensional standards as specified below:

Land Use Intensity
Net Land Area	210,395 sq ft
Total # of Buildings	5
Maximum Floor Area	4,500 sq ft
Maximum Impervious Surface	38,724 sq ft
Maximum # of Parking Spaces	26 spaces (4 handicapped)
Minimum # of Bicycle Spaces	7 spaces

Stipulations Related to Transportation Issues

3. Parking Area: That the proposed parking area shall be constructed as shown on the attached site plan labeled Exhibit A, dated April 13, 2004.

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

5. Bicycle Parking: That the development shall comply with the Town’s Design Manual for bicycle parking standards providing a minimum of seven (7) spaces.

Stipulations Related to Landscaping and Architectural Issues

6. Required Buffers: That the following landscape buffers 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
UNC General Administration Building (east property line)	Min 30’ Type ‘B’ Buffer
St. Thomas More Church (south property line)	Min 30’ Type ‘B’ Buffer
Residential property (north/west property line)	Min 30’ Type ‘C’ Buffer

7. Landscape Protection Plan: That a detailed Landscape Protection Plan, including Town standard landscape protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

8. Landscaping Plan: That a detailed landscape plan (including buffers) 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.

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

10. Parking Lot Shading: That the plans demonstrate compliance with the parking lot shading requirements of Article 5.9.6(d) of the Land Use Management Ordinance. It will be necessary to demonstrate that at least 35% of the parking area surface, at noon on August 21, is shaded when vegetation matures.

11. Parking Lot Design: That all parking areas are constructed in accordance with Article 5 of the Land Use Management Ordinance including a 5-foot planting strip to be incorporated between the building and the parking areas and including screening the parking lot from view.

12. Building Elevations: That the Community Design Commission approve building elevations prior to issuance of a Zoning Compliance Permit for the buildings in that phase.

13. 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

14. Stormwater Management Plan: That prior to issuance of a Zoning Compliance Permit the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager.

15. 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 maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by Town Manager, prior to issuance of a Zoning Compliance Permit.

16. 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 issuance of a Zoning Compliance Permit.

17. 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, or the State if applicable, 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.

Stipulations Related to Utility and Service Issues

18. 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, and the Town Manager prior to issuance of a Zoning Compliance Permit.

19. Utility Line Placement: That all new utility lines shall be placed underground. The applicant shall indicated 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.

20. 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.

21. Fire Hydrant: That the final proposed location for fire department connections and location and number of new hydrants shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Miscellaneous Issues

22. 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 issuance of a Zoning Compliance Permit.

23. 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 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.

24. 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 Design Manual.

25. 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 surface prior to issuance of the Certificate of Occupancy.

26. Construction Signs: 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.

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

28. 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 UNC Softball Field Complex Improvements in accordance with the plans and conditions listed above.

This is the ____day of _________, 2004.

ATTACHMENT 4

RESOLUTION B

(Denying the Special Use Permit Application)

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR UNC SOFTBALL FIELD COMPLEX IMPROVEMENTS

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Corley Redfoot Zack, Inc. for the UNC Softball Field Complex Improvements on property identified as Chapel Hill Township Tax Map 73, Lot 2A (PIN 9788941696) if developed according to the site plans dated April 13, 2004, attached Exhibit A, and conditions listed below, would not:

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;

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;

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

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 Council hereby denies the application for a Special Use Permit for UNC Softball Field Complex Improvements in accordance with the plans listed above and with the conditions listed below:

(INSERT ADDITIONAL REASONS FOR DENIAL)

BE IT FURTHER RESOLVED by the Council that the Council hereby denies the application for UNC Softball Field Complex Improvements as proposed by Corley Redfoot Zack, Inc.

This the _______day of ____________, 2004.