AGENDA #4L
MEMORANDUM
TO: Mayor and Town Council
From: W. Calvin Horton, Town Manager
Subject: Beechridge Development – Request for Minor Change to Special Use Permit for Recreation Space
DATE: November 22, 2004
INTRODUCTION
This report provides information about a request by the Beechridge Homeowners’ Association for a Minor Change of the Beechridge Development Special Use Permit to adjust the recreation space provisions of the approved Special Use Permit (Attachment 1). The proposal would authorize substitution of a walking trail rather than picnic table and grills with an access road. The development is located on the south side of Azalea Drive at Bayberry Drive.
We recommend that the Council adopt the attached resolution to endorse Town Manager approval of this request for a Minor Change to the approved Special Use Permit.
BACKGROUND
On June 24, 1996, Mr. Kevin Huggins obtained approval of a Special Use Permit for a Planned Development-Housing. Beechridge Development was approved and subsequently developed to create 27 single-family lots on 37 acres. Because some portions of the property were in a 1-acre minimum lot size zoning district (R-LD1) and other portions were in a 5-acre minimum lot size zoning district (R-LD5), the developer chose to develop the property as a Planned Development Special Use Permit rather than a Subdivision. The approval as a Planned Development enabled the developer to distribute the density and not comply with the 5 acre minimum lot size for that portion of the development.
Because the Beechridge Development was approved as a Planned Development rather than a Subdivision, the Development Ordinance in place at the time of approval required that recreation space be provided for the residents. Recreation space, as defined at the time, required an improved area for common active recreational use by residents of a Planned Development. The Beechridge developer chose to propose picnic tables and outdoor grills for the required recreation improvements, and the application was approved with specific conditions that followed the developer’s proposal. Conditions 10A and 10B in the Special Use Permit required the following:
“10. Recreation Space Improvements:
A. That three picnic tables and grills be provided in the flatter east-central portion of the recreation space; and that the type, design and location of recreation improvements be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
B. That a pedestrian corridor be provided as a continuous strip between Lots 24 and 25, continuing along the northern boundary of Lot 24, and continuing along the lot line separating Lots 15 and 16, so that residents west of the RCD can walk east to the proposed Beechridge Court; and that a clear pedestrian connection, as well as a vehicular maintenance access, be shown from Beechridge Court to the proposed recreation space between Lots 6 and 7. The vehicular access shall include a gravel access drive for maintenance vehicles.”
Currently, more than half of the lots have occupied houses. The recreation improvements have not yet been installed. The owners of Beechridge lots assert that they do not want the improvements installed. Accordingly, the owners now seek to modify the Special Use Permit to remove the requirements. It is our understanding that all 27 lot owners in Beechridge are participants in this request.
On April 14, the Town Council reduced the fee for the Special Use Permit Modification to $2,500.
On November 15, 2004, the Town Council conducted a Concept Plan Review.
THE REQUEST
At the November 15 Concept Plan Review by the Town Council, the neighborhood association representative requested immediate relief from the recreation space stipulation. The request proposed replacement of stipulations 10A and 10B with the following:
10. Recreation Space Improvements:
A. That a pedestrian trail be constructed around the
perimeter of the recreation space. three picnic tables and grills be
provided in the flatter east-central portion of the recreation space; and that
the type, design and location of recreation improvements be approved by the
Town Manager prior to issuance of a Zoning Compliance Permit.
B. That a pedestrian corridor be provided as a continuous strip
between Lots 24 and 25, continuing along the northern boundary of Lot 24, and
continuing along the lot line separating Lots 15 and 16, so that residents west
of the RCD can walk east to the proposed Beechridge Court; and that a clear
pedestrian connection, as well as a vehicular maintenance access, be shown from
Beechridge Court to the proposed recreation space between Lots 6 and 7. The
vehicular access shall include a gravel access drive for maintenance vehicles.
DISCUSSION
We believe the two key issues related to the request by the Beechridge Homeowners’ Association are 1) whether the request would be a Minor Change or major Modification of the Special Use Permit, and 2) the justification for substituting the walking trail for the required picnic tables, grills and access roadway.
1) Minor Change to Special Use Permit: The Town Manager is authorized to make Minor Changes to Special Use Permits according to provisions in the Land Use Management Ordinance. Section 4.5.4 of the Land Use Management Ordinance is italicized below:
(a) The Town Manager is authorized to approve minor changes in the approved final plans as long as such changes continue to comply with the approving action of the Town Council and all other applicable requirements, but shall not have the authority to approve changes that constitute a modification of the Special Use Permit.
(b) Any change requiring evidentiary support in addition to that presented at a public hearing on applications for the original Special Use Permit or subsequent Modifications of Special Use Permit shall constitute a modification of the Special Use Permit. Before making a determination as to whether a proposed action is a minor change or a modification, the Town Manager shall review the record of the proceedings on the original application for the Special Use Permit and subsequent applications for modifications of the Special Use Permit. The following shall constitute a modification of the Special Use Permit:
(1) A change in the boundaries of the site approved by the Town Council.
(2) A change from the use approved by the Town Council.
(3) An increase of five (5) percent or more in the floor area approved by the Town Council, unless proposed addition is 2,500 square feet of floor area or less, whether such addition is proposed at one time or over an extended period of time.
(4) An increase of five (5) percent or more in the number of parking spaces approved by the Town Council, whether such addition is proposed at one time or over an extended period of time.
(5) Substantial changes in the location of principal and/or accessory structures approved by the Town Council.
(6) Structural alterations significantly affecting the basic size, form, style, ornamentation, and appearance of principal and/or accessory structures as shown on the plans approved by the Town Council.
(7) Substantial changes in pedestrian and bicycle or vehicular access or circulation approved by the Town Council. Examples of substantial changes include, but are not limited to:
A. A change in trip distribution occurs that involves more than five percent (5%) of all projected trips; or
B. The change results in a reduction in the level of service (LOS) of a street link or intersection within one-quarter ( ¼ ) of a mile from the boundaries of the proposed development.
(8) Substantial change in the amount or location of landscape screens approved by the Town Council shall constitute a modification.
(c) If the proposed action is determined to be a modification, the Town Manager shall require the filing of an application for approval of the modification.
(d) The Town Manager shall prescribe the form(s) of applications as well as any other material he/she may reasonably require to determine compliance with this Article.
(e) An application for Modification of a Special Use Permit shall be reviewed in accord with the procedures established in Section 4.5.3.
(f) No modification shall be allowed to a special use permit issued in a conditional use zoning district unless the applicant accepts all of the requirements and conditions the Town Council proposes to impose on the modification. Acceptance of conditions by the applicant may be indicated at the Town Council hearing on the Special Use Permit Modification or by affidavit submitted prior to the Town Council taking action on the modification application.”
Comment: We believe that it would be reasonable to conclude that the requested change would not require evidentiary support in addition to that presented at the public hearing for the original Special Use Permit. We have reviewed the record of the proceedings of the original application and believe that the request could be considered as a Minor Change. The language of the Council’s resolution of approval is very specific. However, this request does not propose a change in the boundaries, change of use, increase in floor area or parking, or any physical or structural changes. We believe that the Town Manager could determine the alternative recreation space proposal to be a Minor Change to the Special Use Permit, according to the provisions in Section 4.5.4 of the Land Use Management Ordinance.
2) Substituting Recreation Space Requirements: The neighborhood association has expressed concern about the placement of grills and a gravel roadway in the recreation space.
Comment: We believe that the request to change the recreation space provisions of the Special Use Permit for Beechridge Development is reasonable because the proposed change will reduce the potential negative environmental impacts of the required grills and the required access roadway. We understand that trees are down from recent hurricanes and that grills may present a fire hazard in the heavily wooded recreation space. In addition, the topography is difficult and is not well suited for a gravel access road.
On balance, we recommend that the Council adopt the attached resolution, endorsing the replacement of the existing recreation space provisions in the Special Use Permit (stipulations #10A and #10B), with the following language:
10. Recreation Space Improvements:
A. That a pedestrian trail be constructed around the
perimeter of the recreation space. three picnic tables and grills be
provided in the flatter east-central portion of the recreation space; and that
the type, design and location of recreation improvements be approved by the
Town Manager prior to issuance of a Zoning Compliance Permit.
B. That a pedestrian corridor be provided as a continuous strip
between Lots 24 and 25, continuing along the northern boundary of Lot 24, and
continuing along the lot line separating Lots 15 and 16, so that residents west
of the RCD can walk east to the proposed Beechridge Court; and that a clear
pedestrian connection, as well as a vehicular maintenance access, be shown from
Beechridge Court to the proposed recreation space between Lots 6 and 7. The
vehicular access shall include a gravel access drive for maintenance vehicles.
Following this Council endorsement, we would administratively approve a Minor Change to the Special Use Permit for Beechridge Development, to adjust the recreation space provisions of the Special Use Permit.
Alternatively, the Council could conclude that the proposal is not a Minor Change and advise the Town Manager of that opinion. In that circumstance, the applicant would need to submit a Special Use Permit Modification application. The applicant is not obliged, however, to proceed with a Special Use Permit Modification application and could choose to withdraw the proposal and keep the existing Special Use Permit unchanged.
We believe that the request to change the recreation space provisions of the Special Use Permit for Beechridge Development is reasonable because the proposed change will reduce the potential negative environmental impacts of the required grills and the required access roadway and can be considered a Minor Change.
We recommend that the Council adopt the attached resolution, endorsing the Town Manager’s determination that the proposed substitution of recreation space stipulations is a Minor Change to the Special Use Permit for the Beechridge Planned Development.
ATTACHMENTS
A RESOLUTION ENDORSING TOWN MANAGER DETERMINATION OF A MINOR CHANGE TO THE BEECHRIDGE PLANNED DEVELOPMENT SPECIAL USE PERMIT, SUBSTITUTING ALTERNATIVE RECREATION SPACE LANGUAGE FOR THE EXISTING RECREATION SPACE STIPULATIONS (2004-11-22/R-10)
WHEREAS, the Town Council has approved a Special Use Permit for the Beechridge Planned Development in Chapel Hill; and
WHEREAS, the approval included recreation space provisions; and
WHEREAS, the Beechridge Homeowners’ Association has requested permission to replace the recreation space provisions of the Special Use Permit; and
WHEREAS, the Town Manager has determined that the alternative recreation space stipulations would be reasonable and desirable and in accordance with Section 18.5 of the Development Ordinance in place at the time of the Special Use Permit approval;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses Town Manager approval of this substitution as a Minor Change to the Special Use Permit, to substitute the following language:
10. Recreation Space Improvements:
A. That a pedestrian trail be constructed around the
perimeter of the recreation space. three picnic tables and grills be
provided in the flatter east-central portion of the recreation space; and that
the type, design and location of recreation improvements be approved by the
Town Manager prior to issuance of a Zoning Compliance Permit.
B. That a pedestrian corridor be provided as a continuous strip
between Lots 24 and 25, continuing along the northern boundary of Lot 24, and
continuing along the lot line separating Lots 15 and 16, so that residents west
of the RCD can walk east to the proposed Beechridge Court; and that a clear
pedestrian connection, as well as a vehicular maintenance access, be shown from
Beechridge Court to the proposed recreation space between Lots 6 and 7. The
vehicular access shall include a gravel access drive for maintenance vehicles.
This the 22nd day of November, 2004.