TO: Mayor and Town Council
From: W. Calvin Horton, Town Manager
Subject: The UNC Faculty-Staff Recreation Association (aka The Farm): Application for Special Use Permit
DATE: January 10, 2005
INTRODUCTION
Tonight the Council continues the Public Hearing from November 15, 2004, regarding a Special Use Permit for the UNC Faculty-Staff Recreation Association. The proposal would allow demolition of an existing farmhouse and construction of a new 3,500 square foot clubhouse and patio at #1 Alice Ingram Drive. Adoption of Resolution A would approve the Special Use Permit application with conditions. Adoption of Resolution B would deny the request.
BACKGROUND
On November 15, 2004, a Public Hearing was held for consideration of a Special Use Permit application to authorize the demolition of a 1,913 square foot farmhouse and construction of a 3,500 square foot building with adjacent 2,500 square foot patio.
On December 6, 2004, the Public Hearing was reconvened for further consideration of the Special Use Permit. A stipulation for payment of ad valorem taxes from the time of annexation into the Town of Chapel Hill (June 30, 2000) to the Town of Chapel Hill Tax Office was included in Resolution A as part of the Special Use Permit approval. This stipulation was proposed because records indicated that neither the land nor the improvements constructed by The Farm on this property were being subjected to ad valorem property taxes and because of the language contained in the leases agreements between the Faculty-Staff Recreation Association and the State of North Carolina.
A copy of our December 6, 2004, memorandum is attached (Attachment 3).
At the December 6, 2004 Public Hearing, representatives for the Faulty-Staff Recreation Association objected to a stipulation for payment of ad valorem taxes as part of the Special Use Permit approval. Subsequently, the Town Attorney sent a letter to the Durham County Attorney notifying Durham of this issue (Attachment 1).The letter requests that Durham County proceed with “whatever steps are appropriate under applicable law to collect whatever taxes may be legally owed on this property and any improvements thereon.” With this letter to Durham County, we believe that the Town is on record raising this issue, and can proceed to work with Durham County regardless of any condition on the approval of a Special Use Permit. Accordingly, we have removed stipulation #3 from our recommended Resolution A requiring payment of ad valorem property taxes.
SUMMARY
We have attached a resolution that includes standard conditions of approval as well as special conditions that we recommend for this application. With these conditions, we believe that the Council could make the four findings necessary in order to approve the application. The Manager’s recommendation incorporates input from all Town departments involved in review of the application.
RECOMMENDATIONS
Recommendations are summarized below. Please see summaries of board actions and recommendations in the November 15, 2004 Public Hearing memorandum attachments.
The recommendations of the Planning Board, Transportation Board, Community Design Commission, Bicycle and Pedestrian Advisory Board, and Manager are all included in Resolution A.
Manager’s Revised 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 deleted Stipulation #3 from Resolution A regarding ad valorem taxes.
Resolution B would deny the application.
ATTACHMENTS
1. Letter to Durham County Attorney (p. 9).
2. Memorandum from Town Attorney (p. 11).
3. December 6, 2004 Public Hearing Item (begin new page 1).
RESOLUTION A
(Manager’s Revised Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR UNC FACULTY-STAFF RECREATION ASSOCIATION (AKA THE FARM) (2005-01-10/R-13a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Dixon Weinstein Associates for UNC Faculty-Staff Recreation Association (aka The Farm) on property identified as Durham County Tax Map 491, Block 6, Lot 8 (PIN 979804708300) if developed according to the site plan dated June 1, 2004, (revised August 10, 2004), and conditions listed below:
1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would comply with all required regulations and standards of the Land Use Management Ordinance;
3. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Would conform with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for UNC Faculty-Staff Recreation Association (aka The Farm) in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin January 10, 2007 (two years from approval date) and be completed January 10, 2008 (three years from approval date).
2. Land Use Intensity: This Special Use Permit authorizes a Non-Profit Recreation Facility and land use intensity requirements and dimensional standards as specified below:
|
Land Use Intensity |
|
|
Net Land Area |
28.25 acres |
|
Total # of Buildings |
6 |
|
Maximum Floor Area |
16,000 sq ft |
|
Maximum Impervious Surface Area |
197,257 sq ft |
|
Maximum # of Parking Spaces |
205 |
|
Minimum # of Bicycle Spaces |
52 |
1. Sidewalk Extension: That the existing Chapel Hill gravel sidewalk be extended approximately 70 feet north along the existing gravel parking area adjacent to the new clubhouse and the sidewalk shall be edged with 6 x 6 timbers.
2. Bicycle Parking: That the development shall comply with the Town’s Design Manual for bicycle parking standards as follows:
|
Total Number or Required Bicycle Spaces |
52 |
|
Number of Class I Spaces |
6 |
|
Number of Class II Spaces |
46 |
A portion of the parking spaces shall be provided at the pool area.
Stipulations Related to Landscaping and Architectural Issues
3. Sight Triangle Clearance: That clearing and pruning of the sight triangles at Alice Ingram Drive intersections with onto Barbee Chapel Road be conducted and that a note be place on the Final Plans indicating that prior to any sight distance clearing and/or pruning at the Barbee Chapel Road entrance and exit, the applicant shall obtain approval from the Town’s Urban Forester.
4. Shading Plan: That prior to issuance of a Zoning Compliance Permit, a Shading Plan must be submitted and approved by the Town Manager demonstrating compliance with Town regulations.
5. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees shall be removed and preserved, as well as all significant tree stands, and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
6. Landscaping Plan: That a detailed landscape plan including a landscape maintenance plan, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The landscape plan shall indicate the size, type, and location of all proposed plantings.
7. Tree Protection Fencing: That the limits of land disturbance with tree protection fencing, shall be shown on the Landscape Protection Plan, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
8. Building Elevations: That the Community Design Commission approve building elevations, including the location and screening of all HVAC/Air Handling Units for this project, prior to issuance of a Zoning Compliance Permit.
9. 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
10. Watershed Protection District / Impervious Surface Limits: That the site shall comply with Article 3.6.4 of the Land Use Management Ordinance. Impervious surface area is authorized at 197,257 square feet.
11. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant shall submit a Stormwater Management Plan sealed by an engineer in the State of North Carolina including design calculations and design drawings for all stormwater facilities (including the bio-retention basin and level spreaders) for review and approval by the Town Manager. The plan shall include low-impact stormwater management solutions and best management practices, including but not limited to bio-retention, pervious pavements, underground storage, infiltration trenches, vegetative swales and similar techniques.
The plan shall be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate and the post-development stormwater runoff volume shall not exceed the pre-development volume for the local 2-year frequency, 24-hour duration storm event. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.
12. Storm Drainageway Easement: That all stormwater management improvements, outside public right-of-way, shall be located inside reserved storm drainageway easements, per Town guidelines, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
13. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. The plan shall include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
14. Resource Conservation District: That the applicant shall identify all areas of Resource Conservation District on the Final Plans prior to issuance of a Zoning Compliance Permit. No work is authorized in the Resource Conservation District.
15. State or Federal Approvals: That any required State or federal permits must be approved by the appropriate agencies and copies of the approved permits be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.
16. 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 Durham County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit.
17. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
Stipulations Related to Utility and Service Issues
18. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling salvageable materials from the deconstruction of the farmhouse, recycling, and for managing and minimizing construction debris and removal of existing residential debris piles, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
19. Utility/Lighting Plan Approval: That the final Utility/Lighting Plan be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.
20. Utility Line Placement: That all new utility lines shall be placed underground. The applicant shall indicate proposed off-site utility line routing and upgrades required to service the site on Final Plans, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
21. 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.
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 the issuance of a Zoning Compliance Permit.
23. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited unless it is demonstrated to the Town Manager or his designee that no reasonable alternative means are available for removal of the materials from the subject property. The Fire Marshall may establish safety standards, which must be met in order to receive a permit.
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 the 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 surfaces prior to issuance of the first Certificate of Occupancy.
26. Construction Sign: That the applicant shall post a construction sign that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Building Permit, prior to the commencement of any land disturbing activities. The construction sign may have a maximum of 32 square feet of display area and may not exceed 8 feet in height and is removed within 7 days of issuance of a Certificate of Occupancy. 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.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit application for UNC Faculty-Staff Recreation Association (aka The Farm) as proposed by Dixon Weinstein Associates in accordance with the plans and conditions listed above.
This is the 10th day of January, 2005.
RESOLUTION B
(Denying the Special Use Permit Application)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR UNC FACULTY-STAFF RECREATION ASSOCIAITION (AKA THE FARM) (2005-01-10/R-13b)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Dixon Weinstein Associates for the UNC Faculty-Staff Recreation Association (aka The Farm) on property identified as Durham County Tax Map 491, Block 6, Lot 8 (PIN 979804708300) if developed according to the site plans dated June 1, 2004, (revised August 10, 2004),
1. Would not be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would not comply with all required regulations and standards of the Land Use Management Ordinance;
3. Would not be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Would not conform with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby denies the application for a Special Use Permit for in accordance with the plans listed above and with the conditions listed below:
(INSERT ADDITIONAL REASONS FOR DENIAL)
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for the UNC Faculty-Staff Recreation Association (aka The Farm) as proposed by Dixon Weinstein Associates.
This the 10th day of January, 2005.