AGENDA #2
TO: Mayor and Town Council
From: W. Calvin Horton, Town Manager
Subject: Public Hearing: UNC Faculty-Staff Recreation Association (aka The Farm) - Application for Special Use Permit
DATE: November 15, 2004
INTRODUCTION
We have received a request for a Special Use Permit to allow demolition of an existing farmhouse and construction of a new 3,500 square foot clubhouse and patio at #1 Alice Ingram Drive. The site is located at the UNC Faculty and Staff Recreation Facility known as “The Farm,” a non-profit recreation facility. The facility is on property leased from the University of North Carolina at Chapel Hill and is managed by the UNC Faculty-Staff Recreation Association. The Farm serves as a recreation facility for faculty and staff of UNC-Chapel Hill and UNC Hospitals. The site is located in Durham County, on the southwest side of Barbee Chapel Road. The property is located in the Office/Institutional-2 (OI-2) zoning district within the Urban Services Boundary. The property also is located in the Watershed Protection District and is identified as Tax Map 491, Block 6, Lot 8 (PIN #9780470833).
Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of the application, and further to receive evidence which the Council may consider as the Council determines any appropriate requirements to include as conditions of approval.
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This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
¨ Cover Memorandum: Introduces application, describes process for review, summarizes staff and advisory board comments, and offers recommendations for Council action.
¨ Staff Report: Offers a detailed description of the site and proposed development, and presents an evaluation of the application regarding its compliance with the standards and regulations of the Land Use Management Ordinance.
¨ Attachments: Includes a checklist of requirements for this development, resolutions of approval and denial, advisory board comments, and the applicant’s materials.
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PROCESS
The Land Use Management Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Town standards; we have presented a report to the Planning Board; and tonight we submit our report and preliminary recommendation to the Council.
The standard for review and approval of a Special Use Permit application involves consideration of four findings (description of the findings follows below). Evidence will be presented tonight. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Land Use Management Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.
BACKGROUND
A Concept Plan review of this application was conducted by the Community Design Commission on November 19, 2003, and the Town Council on February 16, 2004.
DESCRIPTION OF THE APPLICATION
The application proposes demolition of a 1,913 square foot farmhouse currently used to house a caretaker’s apartment, tennis shop, bathrooms, and offices and construction of a new clubhouse, patio, and multipurpose concrete pad occupying approximately the same site as an existing building at the site of the UNC at Chapel Hill Faculty-Staff Recreation Association facility. The new clubhouse is proposed to include offices, a classroom, an exercise room, a tennis shop, and bathrooms in a 3,500 square foot building. The applicant is also proposing to construct a 2,500 square foot patio adjacent to the new clubhouse and a future 800 square foot multipurpose concrete slab. No changes are proposed to parking area, access, circulation, or other existing facilities. The site comprises 28.25 acres and is located on the southwest side of Barbee Chapel Road.
The construction limits for this proposal are indicated as a 2-acre area encompassing the existing clubhouse, farmhouse, adjacent parking lots, Barbee Chapel Road and Alice Ingram Drive entrance roads, and a picnic shelter, all located at the north end of the site.
Sight line visibility improvements to the entrance and exit at Barbee Chapel Road are proposed by cutting back overgrown vegetation at the intersections of Alice Ingram Drive and Barbee Chapel Road. A new bio-retention area is proposed adjacent to the southern side of the new clubhouse to filter and treat stormwater quality.
Proposed on-site improvements for pedestrian travel include a sidewalk along the existing gravel parking lot adjacent to the proposed new clubhouse. Eight new bicycle parking spaces are proposed along the north edge of the gravel parking lot adjacent to the farmhouse and new clubhouse. Six spaces must be in a secured location, such as the new building and 46 additional bicycle spaces are required for this Recreational use according to the Design Manual.
Several trees identified as significant will be lost with the demolition of the farmhouse and the construction of the clubhouse and patio. Two trees immediately outside the tree protection area are identified as requiring special protection measures during demolition of the farmhouse and construction of the new clubhouse and patio.
No changes are proposed for off-site improvements, vehicular access (Barbee Chapel Road or Alice Ingram Drive), parking, bus stops, traffic impacts, or buffers.
We have evaluated the application regarding its compliance with the standards and regulations of the Town’s Land Use Management Ordinance. Based on our evaluation, our preliminary recommendation is that the application as submitted complies with the regulations and standards of the Land Use Management Ordinance and Design Manual, with the conditions included in Resolution A. We believe the proposal conforms to the Comprehensive Plan.
Tonight the Council receives our attached evaluation, and also receives information submitted by the applicant and citizens. The applicant’s materials are included as attachments to this memorandum. All information that is submitted at the hearing will be placed into the record.
Based on the evidence that is submitted, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit.
The four findings are:
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Special Use Permit – Required Findings of Fact
Finding #1: That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
Finding #2: That the use or development complies with all required regulations and standards of the Land Use Management Ordinance;
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 to the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.
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Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application.
KEY ISSUE
We have identified one key issue associated with this development, discussed below.
Lease Agreement: The Town sent a letter to Nancy Suttenfield, Vice-Chancellor for Finance and Administration at UNC, on February 11, 2004, requesting that the University review the lease agreement between the State and the Faculty-Staff Recreation Association, Inc. (see Attachment 8). The property was annexed by the Town of Chapel Hill on June 30, 2000. The lease agreement, recorded in Book 439, Page 93, on July 8, 1976, at the Durham County Registry between The State of North Carolina and the Faculty-Staff Recreation Association, Inc. states:
“The Lessee agrees to pay ad valorem taxes to the proper taxing authorities on the real property covered by this lease and agreement and upon the improvements which are constructed thereon or installed therein. The Lessee hereby expressly waives any defense to payment of ad valorem taxes because the fee simple title to the said property remains in the State of North Carolina.”
On February 25, 2004, Ms. Suttenfield sent a letter to the Manager of the UNC Faculty-Staff Recreation Association asking for a response to the Town’s request for review of the lease agreement (see Attachment 9).
On March 16, 2004, Ben Allred, Manager of the Faculty-Staff Recreation Association, responded with a letter stating that they had received federal income tax exempt status on May 19, 1972, and enclosed the letter from the Internal Revenue Service District Director granting the exemption (see Attachment 10).
We do not believe that Federal income tax exempt status releases the UNC Faculty Staff Recreation Association, Inc. (The Farm) from the terms of the lease agreement. Unless this property has been duly granted exemption from ad valorem property taxes, by the proper governmental authorities, for some reason other than the reason waived by the terms of the Lease, we believe that it is appropriate to include, as a condition of this Special Use Permit, that The Farm honor the requirements of their lease from the State of North Carolina and pay the ad valorem property taxes owed to the Town based on this Lease since June 30, 2000, when the land was annexed by the Town, and to continue to pay the ad valorem property taxes every year.
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.
Following is a brief outline describing the next steps in the development review process, should the Council approve the Special Use Permit application for this site:
1. Applicant accepts and records a Special Use Permit, which incorporates the terms of the Council-adopted resolution.
2. Applicant submits detailed Final Plans and documentation, complying with Council stipulations. Information is reviewed by Town departments and the following agencies:
3. Community Design Commission reviews and approves building elevations and site lighting.
4. Upon demonstration of compliance with remaining Council stipulations, Town staff issues a Zoning Compliance Permit authorizing site work. Permit includes conditions specific to the development and requires pre-construction conferences with Town staff.
5. Inspections Department issues Building Permits and Certificates of Occupancy.
RECOMMENDATIONS
Recommendations are summarized below. Please see summaries of board actions and recommendations in the attachments.
Planning Board Recommendation: On October 5, 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 October 5, 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 Transportation Board Action.
Community Design Commission Recommendation: On October 10, 2004, the Community Design Commission voted 8-0 to recommend that the Council approve this application with the adoption of Resolution A. Please see the attached Summary of Community Design Commission Action.
Bicycle and Pedestrian Advisory Board Recommendation: On October 26, 2004, the Bicycle and Pedestrian Advisory Board voted 7-0 to recommend that the Council approve this application with the adoption of Resolution A which includes the recommendation that some of the required bicycle parking be provided at the pool area. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.
Staff Comment: We have included a requirement in Resolution A that some of the required bicycle spaces be provided at the pool area.
Manager’s Preliminary 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 A includes the recommendations of the advisory boards. We have also added to Resolution A a stipulation regarding ad valorem taxes as noted in the Key Issue section.
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
1. Planning Staff Report (p. 7).
2. Checklist of Regulations (p. 16).
3. Project Fact Sheet Requirements (p. 17).
4. Resolution A (Manager’s Preliminary Recommendation Approving the Application) (p. 19).
5. Resolution B (Denying the Application) (p. 24).
6. Community Design Commission Concept Plan Summary (p. 25).
7. Meeting Minutes, Town Council Concept Plan (p. 26).
8. Letter from Cal Horton February 11, 2004 (p. 28).
9. Letter from Nancy D. Suttenfield February 25, 2004 (p. 29).
10. Letter and enclosure from Ben Allred, March 16, 2004 (p. 30).
11. Planning Board Summary of Action (p. 32).
12. Transportation Board Summary of Action (p. 33).
13. Community Design Commission Summary of Action (p. 34).
14. Bicycle and Pedestrian Advisory Board Summary of Action (p. 35).
15. Statement of Justification (p. 36).
16. Area Map (p. 40).
17. Reduced Plan (p. 41).
STAFF REPORT
Subject: Public Hearing: UNC Faculty-Staff Recreation Association (aka The Farm) - Application for Special Use Permit (File No. 7.491.6.8)
Date: November 15, 2004
INTRODUCTION
We have received a request for approval of a Special Use Permit to allow demolition of a 1,913 square foot existing farmhouse currently used to house a caretaker’s apartment, tennis shop, bathrooms, and offices and to construct a new clubhouse, patio, and multipurpose slab occupying approximately the same site as the farmhouse at the site of the UNC at Chapel Hill Faculty-Staff Recreation Association known as “The Farm.” The new clubhouse is proposed to include offices, a classroom, an exercise room, a tennis shop, and bathrooms in a 3,500 square foot building. The applicant is also proposing to construct a 2,500 square foot patio adjacent to the new clubhouse and a future 800 square foot multipurpose concrete slab. No changes are proposed to parking areas, access, circulation, or other existing facilities.
The site comprises 28.25 acres and is located on the southwest side of Barbee Chapel Road and is located in the Office/Institutional-2 (OI-2) zoning district and the Watershed Protection District. Portions of the property are located in the Army Corps of Engineers Jordan Lake Flowage Easement. The site is located in Durham County and is identified as Tax Map 491, Block 6, Lot 8 (PIN #979804708300).
EVALUATION
The Town staff has reviewed this application for compliance with the standards of the Land Use Management Ordinance and the Design Manual and offer the following evaluation.
Existing Conditions
Location: The Farm is located in westernmost Durham County, off Barbee Chapel Road, approximately .5 mile south of the intersection of Barbee Chapel Road and NC 54. The property is leased from the University of North Carolina and surrounded by undeveloped University-owned land. The limits of the Special Use Permit boundary are proposed to be located entirely within the larger university-owned land. The proposed Special Use Permit boundary line would coincide with the leased property boundary of the UNC Faculty-Staff Recreation Association from the University of North Carolina – Chapel Hill.
Two areas of The Farm site are shown to be within the uppermost edge of Army Corps of Engineers Jordan Lake Jurisdiction as identified by the flowage easement boundary. The Mason Farm Biological Preserve is located adjacent to the University-owned land and Morgan Creek and associated Resource Conservation District is located adjacent to the University–owned property on the south.
Other UNC facilities located on the UNC-owned property to the west are the Hedrick Buildings, Tennis Center, and the NC 54 Park and Ride Lot. Finley Forest Condominiums are adjacent to the UNC-owned land on the northwest. Across Barbee Chapel Road from The Farm and located in the Durham City-County Planning Jurisdiction is the Alta Springs apartment complex.
A joint courtesy review area is established for this area of the Chapel Hill planning jurisdiction in Durham County with the Durham City County Planning Department. Durham planners have been invited to make comments on this proposal.
Existing Structures: The site includes parking areas, tennis courts, swimming pools/pool house, playing fields, playground, picnic shelters, picnic and grill area, volleyball and basketball courts, and an old farmhouse currently used as offices and tennis shop and proposed to be demolished with this application.
The property includes existing buildings totaling 12,087 square feet and pedestrian/recreation paved areas, tennis courts, and patios totaling 47,823 square feet.
Vehicular Access: Vehicular access is by a one-way paved loop road. Alice Ingram Drive enters The Farm site on the south side of Barbee Chapel Road about .5 miles from the Highway 54 intersection. The exit back onto Barbee Chapel Road occurs approximately 500 feet beyond the entrance.
A short access driveway to the picnic shelter on the west side of Alice Ingram Drive off the parking lot provides access to users of the picnic shelter and pavilion. A drop off cul-de-sac spur also comes off the west side of Alice Ingram Drive at the clay courts. A second drop off and parking area on the southern end of the loop road at the swimming pool also has parking area.
Parking: Three parking areas exist on the site. The main parking area serving the existing tennis shop, offices, and tennis courts provides 20 spaces on a paved surface (includes on handicapped space) and eight spaces on an adjacent gravel lot. A second gravel parking area outside the loop road serves the picnic shelters. The third parking area is at the bottom of the loop road at the swimming pool and pool house on the southern end of the site provides a drop off as well as paved, gravel, and overflow grass parking areas. Two handicapped spaces are provided in this location. A total of 205 parking spaces are provided.
Pedestrian Circulation: A single, Chapel Hill gravel sidewalk spans the site from north and south on the inside loop made by Alice Ingram Drive. The interior sidewalk starts at the northern portion of the property near the clubhouse and extends to the base of a promontory overlooking the Morgan Creek floodplain at the southern end.
Bus Stops, Routes: There is no direct Town bus service to this site. The Safe Ride G bus goes to Finley Forest on Barbee Chapel Road but does not continue on to The Farm. Shared Ride Feeder Service is an option for transportation to The Farm. Shared Ride Feeder Service is an extension of transit service to many areas of Town which do not receive regular bus service. The feeder service to The Farm is free. This service is available with a 24-hour notice. The Farm is listed as part of the Highway 54 East Feeder Zone.
Shared Ride is a service available on weekday evenings and Sundays, when the Shared Ride Feeder Service is not available. It is available with at least a 24 hour notice and requires a bus ticket.
Topography, Drainage, Vegetative Cover: The 28-acre site is mostly woods and pasture, remnants of an old farm. Several ridges run along the east and west sides of the site with adjacent drainage swales. The southern portion of the site contains a promontory that overlooks the Morgan Creek floodplain. Some of the land near the Morgan Creek floodplain adjacent to the Farm is managed by the North Carolina Botanical Gardens as a research preserve. Much of this land is within the federally-regulated 100-year floodplain.
The high point of the property is 298.4 feet above sea level at the farmhouse. The limits of construction for this proposal are also located at this flat and higher elevation. The low point is approximately 250 feet above sea level and is at the furthest southern portion of the site.
There are perennial, intermittent, and ephemeral streams on the property. On the southern portion of the 28-acre site, Resource Conservation District associated with Morgan Creek has been identified. It has been determined that there is no Resource Conservation District located in the area of the proposed construction activity.
All overland flow is southward to the floodplain of Morgan Creek. There is marsh and swamp adjacent to The Farm site with possible wetlands.
A 28-inch elm and a large oak tree are proposed for special protection measures during demolition and construction phases.
Development Description
A Non-Profit Recreation Facility is a use permitted in the OI-2 zoning district. The Ordinance requires a Special Use Permit application if the development has 20,000 square feet or more of floor area or has 40,000 square feet or more of land disturbance. Whenever changes are proposed to a property that does not currently have a Special Use Permit that meets the threshold for a Special Use Permit under today’s ordinance, it must conform to today’s standards with any new expansion. Typically, a development proposal that only involves 3,500 square feet of floor area would not need a Special Use Permit. However, the entire development involves more than 40,000 square feet of disturbed area, and there is no Special Use Permit for the site.
The overall site is slightly over 28 acres. The construction limits for this proposal are indicated as a 2-acre area encompassing the existing clubhouse, farmhouse, adjacent parking lots, Barbee Chapel Road and Alice Ingram Drive entrance roads, and a picnic shelter all located at the north end of the site.
The application proposes construction of 3,500 square feet for a new clubhouse building and 2,500 square feet of new patio connecting the new and existing clubhouse, 800 square feet for a future multipurpose concrete pad, and approximately seventy feet of additional Chapel Hill gravel sidewalk. Demolition of a 1,913 square foot farmhouse is also proposed. The new clubhouse building is designed to house an exercise room, offices, bathrooms, tennis shop, and a classroom.
Sight line visibility improvements to the entrance and exit at Barbee Chapel Road are proposed by cutting back overgrown vegetation at the intersections of Alice Ingram Drive and Barbee Chapel Road.
A new bio-retention area is proposed adjacent to the southern side of the new clubhouse to filter and treat stormwater quality. No existing drainage patterns will be affected by this project.
Ordinance Requirements
Zoning: This property is zoned Office/Institutional-2 (OI-2). A Non-Profit Recreational Facility is a permitted use in the OI-2 zoning district. The site is within Durham County, the Town limits and the Urban Services Area.
The Barbee Chapel Road right-of-way is within the Chapel Hill planning jurisdiction and the area across Barbee Chapel Road is within the Durham planning jurisdiction.
Land Use Plan: The Comprehensive Plan adopted by the Council on May 8, 2000, identifies this area as University.
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 Office/Institutional-2 zoning district.
Transportation Issues
Vehicular Access: No changes are proposed to Alice Ingram Drive, the single access road for the site.
We note that Barbee Chapel Road is classified as a Collector Street on the Town of Chapel Hill Thoroughfare Plan. The 2006-2012 Chapel Hill Transportation Priority List calls for provision of sidewalk and bicycle lanes on Barbee Chapel Road from NC 54 to Downing Creek Parkway. Downing Creek is located farther down Barbee Chapel Road beyond The Farm.
The Bicycle and Pedestrian Action Plan, adopted by the Council on October 27, 2004 shows a sidewalk on Barbee Chapel Road across the entire frontage of The Farm property. We believe members of The Farm would benefit from a sidewalk along Barbee Chapel Road. However, when we apply rough proportionality in this situation, we do not believe that we can require the sidewalk.
Visibility at the sight triangles of Alice Ingram Drive and Barbee Chapel Road has been reduced due to overgrown vegetation in these areas. We recommend clearing and pruning of the sight triangles at the Barbee Chapel Road entrances/exits. We recommend that a note be placed on the plans indicating that prior to any sight distance clearing and/or pruning at Barbee Chapel Road entrance and exit, the applicant review the extent of work with the Town’s Urban Forester. We have included a stipulation in Resolution A to this effect.
Parking: This application does not propose any changes to parking. Currently there are a total of 205 spaces provided, 29 are paved and 176 are gravel. At the parking area adjacent to the clubhouse, 20 spaces are paved and eight are gravel. The Land Use Management Ordinance does not specify a minimum number of parking spaces for a non-profit recreation facility. We understand that the current number of spaces works well. We have included a stipulation in Resolution A that 205 on-site parking spaces be provided.
Pedestrian Circulation: Proposed on-site improvements for pedestrian access are minimal. The existing north-south Chapel Hill gravel sidewalk is proposed to be extended approximately 70 feet northward along the edge of the existing gravel parking lot, adjacent to the farmhouse and proposed new clubhouse. The applicant proposes to edge the sidewalk with landscape timbers. We have included a stipulation in Resolution A to this effect.
Bicycle Parking: Eight new on-site bicycle parking spaces are proposed along the north edge of the gravel parking lot adjacent to the farmhouse and proposed new clubhouse. According to the Design Manual, 25% of the number of auto spaces must be provided for bicycle parking for a Recreational use. The number of vehicle parking spaces is 205, therefore 52 bicycle spaces are required. Of those, 10% (six spaces) must be in a locker, individually locked enclosure or supervised area within a building providing protection for bicycles therein from theft, vandalism and weather. We have included a stipulation in Resolution A that 52 bicycle parking spaces are required and that six spaces must be in a secured location, such as the new building. In addition, we have included a requirement that a portion of the required bicycle parking be located at the pool area.
The Chapel Hill Bicycle and Pedestrian Action Plan identifies Barbee Chapel Road as a corridor for bicycle and pedestrian improvements. In accordance with the Town’s Bicycle and Facilities Policy (2003-11-10/R-10) “either striped bicycle lanes or wide outside lanes may be appropriate on Collector Streets depending on site specific circumstances.” Also, the 2006-2012 Chapel Hill Transportation Priority List calls for provision of sidewalk and bicycle lanes on Barbee Chapel Road from NC 54 to Downing Creek Parkway. However, we do not find that impacts, as a consequence of this development proposal, are great enough to require these street improvements.
Bus Stop, Routes: No improvements to the existing bus stop network are proposed or recommended with this application.
Traffic Impact: A Traffic Impact Analysis was not required for this development proposal. The requirement to prepare a Traffic Impact Analysis may be waived by the Town Manager if all of the following conditions are met:
a) Daily trip generation is less than 500 (or, for a change to an existing property that does not requiring rezoning, difference in daily trip generation is less than 500);
b) No more than 250 vehicles per day (or, for a change to an existing property that does not requiring rezoning, no more than 250 vehicles per day) access an existing collector or local road;
c) The total traffic, including background traffic and additional traffic from proposed new site or redeveloped property does not exceed an average of 150 vehicles per day on any unpaved road;
d) The applicant submits a written request for a Traffic Impact Analysis waiver with appropriate supporting documentation including pedestrian/bicycle analysis, if applicable; and
e) The Town Manager concurs with the request.
The total number of trips for the proposed development is not expected to change and no impact on the surrounding street network is expected.
Landscaping and Architectural Issues
Buffers and Landscaping: No changes to the landscape buffers are proposed with this application. Several trees identified as significant will be lost with the proposed construction of the new clubhouse and patio and demolition of the farmhouse.
Two trees immediately outside the tree protection area, an oak and elm, are identified as requiring special protection measures during demolition of the farmhouse and construction of the new clubhouse and patio.
The applicant must comply with the parking lot shading regulations. We have included stipulations in Resolution A that detailed landscape plans, landscape maintenance plans, and parking lot shading 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.
The table below outlines the minimum landscape buffers requirements for the site and the buffers proposed by the applicant.
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Landscape Buffers |
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Location |
Ordinance Requirement |
Applicant’s Proposal |
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Barbee Chapel Road frontage |
Min. 20 ’ Type ‘C’ Buffer |
20’ Type ‘C’ Buffer |
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Eastern buffer |
Min. 10’ Type ‘B’ Buffer |
Min 10 Type ‘B’ Buffer |
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Western buffer |
Min 10’ Type ‘B’ Buffer |
Min 10’ Type ‘B’ Buffer |
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Southern buffer |
Min.10’ Type ‘B’ Buffer |
Min. 10’ Type ‘B’ Buffer |
The Ordinance requires that a detailed landscape protection plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan must include a detail of protective fencing and construction parking and materials staging/storage areas. This plan must also indicate which labeled trees are proposed to be removed and where tree protection fencing will be installed. We have included a stipulation in Resolution A to this effect.
Building Elevations: The regulations require 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, for the new building and associated area.
ENVIRONMENTAL ISSUES
Watershed Protection District: The site is located in the Watershed Protection District and is subject to impervious surface limits specified in Article 3.6.4 of the Land Use Management Ordinance. The Land Use Management Ordinance requires proposed development to comply with either a Low Density Option (24% impervious surface limit) or a High Density Option (50% impervious surface limit). The applicant is proposing to comply with the Low Density Option.
The applicant has proposed to demolish the farmhouse (5,755 square feet of impervious surface) and construct 7,632 square feet of new impervious surface area for a total gain of 1,877 square feet or .2% new impervious surface. The overall site currently contains 195,380 square feet of impervious area or 15.9% of the total site. With this proposed development, the total impervious surface will be 16% of the total site and therefore complying with the 24% impervious surface limit or “Low Density Option.”
Floodplain: The Federal Emergency Management Agency (FEMA) Floodplain Maps identify a 100-year floodplain associated with Morgan Creek on the adjacent property to the southwest.
Resource Conservation District: There are perennial, intermittent, and ephemeral streams on the property. On the southern portion of the 28-acre site, Resource Conservation District associated with Morgan Creek has been identified. It has been determined that there is no Resource Conservation District located in the area of the proposed construction activity.
Army Corps of Engineers Flowage Easement: The Army Corps of Engineers has identified a portion of the extreme southern boundary of this site as the uppermost range of a flowage easement for Jordan Lake. Flooding of Jordan Lake is intended to back up into tributaries during major flood events. Morgan Creek, a tributary of Jordan Lake, is expected to back up during heavy flooding to the flowage easement line shown on the plans.
Stormwater Management: This project must comply with the water quality, stormwater volume and stormwater rate requirements of the Land Use Management Ordinance. Stormwater management on the existing site occurs as sheet-flow draining south across the site to the Morgan Creek floodplain. Currently the site does not include any man-made stormwater basins or detention facilities. In order to provide for stormwater management associated with the proposed development, the applicant is proposing to construct a stormwater feature in a portion of the site near Barbee Chapel Road on the northeast portion of the site. This proposed stormwater management facility is identified as a bio-retention bed with level spreaders to satisfy the stormwater regulations. We have included stipulations in Resolution A requiring a bio-retention basin and level spreaders.
All stormwater detention, treatment, and conveyance facilities are to be located with an easement entitled: “Reserved Storm Drainageway.” A storm drainage way shall be reserved from any stormwater management feature that would obstruct or constrict the effective conveyance and control of stormwater from or across the property, for all engineered stormwater structures above and below ground, and for all conveyance systems such as pipes, streams, or ditches if such systems convey divert, or otherwise manage surface water flowing onto the property/site from off-site areas. The Reserved Storm Drainageway must be provided and shown on the plans. We have included a stipulation to this effect in Resolution A.
Prior to the issuance of a Zoning Compliance Permit the applicant must submit a Stormwater Management Plan sealed by an engineer in the State of North Carolina including the design calculations and design drawings for this facility. The applicant’s engineer must also submit design details, drainage areas, and proposed location of any the Best Management Practices (infiltration ditches, permeable pavement, bio-retention) that are planned for installation at this site. We have included a stipulation in Resolution A to this effect.
Prior to the issuance of a Zoning Compliance Permit, a Stormwater Operations and Maintenance Plan shall be provided for the proposed stormwater management facilities and submitted to the Town Manager for approval prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Erosion Control: All inlet protection for the existing storm drainage inlets must be provided. Erosion control inlet protection must be provided for all existing and proposed storm drain inlets on the site. We have included a stipulation in Resolution A to this effect.
The regulations require that a Soil Erosion and Sedimentation Control Plan (including provisions for maintenance of facilities and modification of the plan if necessary), be approved by Orange County, and that and that a copy of the approval be provided to the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Utilities and Service Issues
Refuse Management: The Existing Conditions Plan includes the location of the refuse container south of the site near the pool house. The applicant has proposed a storage area for stockpiling recyclable materials from the demolition of the farmhouse. We encourage the applicant to seek assistance in making recycling efforts successful.
The Ordinance requires that a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing of construction debris, and demolition waste shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation in Resolution A to this effect.
Utilities: The Ordinance requires that detailed utility plans be reviewed and approved by OWASA, Duke Power Company, Public Service Company, BellSouth, Time Warner Cable and the Town Manager prior to issuance of a Zoning Compliance Permit. Except for three phase power lines, the Ordinance requires that all new or relocated utility lines be located underground. We have included these standard stipulations in Resolution A.
Fire Safety: We have included our standard stipulation requiring that a fire flow report sealed by a professional engineer, be submitted for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.
The new clubhouse is not required to install automatic fire sprinklers due to anticipated occupancy and building size. However, we encourage the applicant to consider including automatic fire sprinklers for safety purposes.
Special Use Permit Findings
For approval of a Special Use Permit, the Council must make the following findings, as set forth in Article 4.5.2 of the Land Use Management Ordinance:
Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made.
CONCLUSION
Based on information available at this stage of the application review process, we believe that the proposal, with the conditions in Resolution A, meets the requirements of the applicable sections of the Land Use Management Ordinance and Design Manual, and that the proposal conforms with the Comprehensive Plan.
Resolution A would approve the application with conditions. Resolution B would deny the application.
Project Fact Sheet Requirements
Check List of Regulations and Standards
The Faculty-Staff Recreation Facility (aka The Farm) |
Compliance |
Non-Compliance |
|
Use Permitted |
Ö (with approval of a Special Use Permit) |
|
|
Min. Gross Land Area |
Ö |
|
|
Min. Lot Size |
Ö |
|
|
Min. Lot Width |
Ö |
|
|
Max. Floor Area |
Ö |
|
|
Impervious Surface Limits |
Ö |
|
|
Treatment of Stormwater Quality, Volume, and Rate |
Ö |
|
|
Min. Recreation Area |
Ö |
|
|
Min. # Vehicular Parking Spaces |
Ö |
|
|
Min. # Bicycle Parking Spaces |
Ö (as conditioned) |
|
|
Max. # Dwelling Units |
N/A |
|
|
Min. Street Setback |
Ö |
|
|
Min. Interior Setback |
Ö |
|
|
Min. Solar Setback |
Ö |
|
|
Max. Height Limit |
Ö |
|
|
Min. Landscape Buffers |
Ö |
|
|
Steep Slopes |
Ö |
|
|
Adequate Public Schools Facilities |
N/A |
|
N/A = Not Applicable Prepared: November 8, 2004