TO: Mayor and Town Council
From: W. Calvin Horton, Town Manager
Subject: Public Hearing: OWASA Pump Station at I-40 and Old Chapel Hill Road-Application for Special Use Permit (File No. 478.01.6)
DATE: May 16, 2005
INTRODUCTION
We have received a request for approval of a Special Use Permit for an OWASA Pump Station proposed to be constructed at the location of two former pump stations, at Old Chapel Hill Road near I-40. The applicant is proposing to construct a pump station to be used for emergency water supply. The 0.497-acre site is located at the northwest corner of the intersection of Old Chapel Hill Road and I-40. The site is located in the Residential-1 (R-1) zoning district and is identified as Durham County Tax Map 478, Block 1, Lot 6.
The applicant requested and received expedited processing for this application at the June 30, 2004 Town Council meeting, based on the public purpose goal of expanding the Town of Chapel Hill’s emergency water supply.
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. |
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 August 18, 2004. See attached summary and minutes.
DESCRIPTION OF THE APPLICATION
The applicant is proposing to replace the existing underground pump station with a new pump station to be housed in a new 939-square-foot building. Proposed additional on-site improvements include a meter vault, transformer slab, paved driveway, and landscaping. Proposed landscaping includes the protection of existing trees and required buffers. A level spreader ditch and berm in three sections is proposed to manage stormwater runoff on the site. Proposed grading will channel stormwater to the level spreader area.
Access to the pump station is proposed via a concrete driveway, which connects to the existing gravel driveway, leading to a single family home.
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.
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 would comply 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 with 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 ISSUES
We have identified one key issue associated with this development, discussed below.
Elevation Design: The applicant is proposing one of three options for building design.
Comment: We have included our standard conditions in Resolution A that require approval of final building elevations and site lighting by the Community Design Commission.
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, our preliminary recommendation is 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.
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:
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 May 3, 2005, the Planning Board voted 7-0 to recommend that the Council approve this application with the adoption of Resolution A with conditions. Please see the attached Summary of Planning Board Action.
Transportation Board Recommendation: On May 3, 2005, the Transportation Board voted 7-0 to recommend that the Council approve this application with the adoption of Resolution A with conditions.
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
1. Original Staff Report to Advisory Boards (p. 6).
2. Project Fact Sheet Requirements (p. 12).
3. Resolution A (Approving the Application) (p.13).
4. Resolution B (Denying the Application) (p.14).
5. Community Design Commission Concept Plan Summary (p. 19).
6. Planning Board Summary of Action (p. 21).
7. Transportation Board Summary of Action (p. 22).
8. Statement of Justification (p. 23).
9. Project Fact Sheet (p. 27).
10. Traffic Impact Analysis Exemption (p. 29).
ORIGINAL STAFF REPORT TO ADVISORY BOARDS
Subject: OWASA Pump Station - Application for Special Use Permit
(File No. 478.01.6)
Date: May 3, 2005 (Planning Board)
May 3, 2005 (Transportation Board)
May 24, 2005 (Bicycle and Pedestrian Advisory Board)
May 25, 2005 (Community Design Commission)
INTRODUCTION
We have received a request for approval of a Special Use Permit for a public service facility. The OWASA Pump Station is proposed to be constructed at the location of two former underground pump stations, at Old Chapel Hill Road near I-40. The applicant is proposing to construct a pump station to be used for emergency water supply. The 0.497-acre site is located at the northwest corner of the intersection of Old Chapel Hill Road and I-40. The site is located in the Residential-1 (R-1) zoning district and is identified as Durham County Tax Map 478, Block 1, Lot 6.
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 0.497-acre site is located at the northwest corner of the intersection of Old Chapel Hill Road and I-40. The area of the Special Use Permit is approximately 21,650 square feet of an existing residential property, with an existing home and significant tree stands.
Existing Structures: The site includes an existing residential structure and underground pump station.
Vehicular Access: Vehicular access to the site is from an existing driveway on Old Chapel Hill Road.
Topography, Drainage, Vegetative Cover: This site has average slopes of approximately 2-6 percent. The property is not in the Watershed Protection District, nor in the federally-regulated 100-year floodplain.
Development Description
The applicant is proposing to replace the existing underground pump station with a new pump station to be housed in a new 939 square foot building. Proposed additional on-site improvements include a meter vault, transformer slab, paved driveway, and landscaping. Proposed landscaping includes the protection of existing trees and required buffers. A level spreader ditch and berm in three sections is proposed to manage stormwater runoff on the site. Proposed grading will channel stormwater to the level spreader area.
Access to the pump station is proposed via a concrete driveway, which connects to the existing gravel driveway, leading to the house.
Concept Plan / Special Use Permit Application Comparison
The current Special Use Permit application plans for the OWASA Pump Station have changed minimally from Concept Plan Review by the Community Design Commission (August 18, 2004). Minor modifications have been made to the driveway design and materials (concrete is proposed to replace existing gravel). The applicant is now proposing one of two options for building design – a “Tobacco Barn” or “Depot” Scheme (see Architectural Elevations in Reduced Plans).
Ordinance Requirements
Zoning: The site is located in the Residential-1 (R-1) zoning district and is adjacent to the Residential-1 (R-1) zoning district for the north, west and south boundaries; Durham to the east. Some of the allowed uses in the Residential-1 (R-1) zoning district include public service facilities and residential dwelling units. A public service facility, such as this OWASA facility, requires the approval of a Special Use Permit.
Land Use Plan: The Comprehensive Plan adopted by the Council on May 8, 2000, identifies this property as “Mixed Use-Office Emphasis,” and as a “Development Opportunity Area.”
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 (R-1) zoning district. The proposed building meets the 28 foot street setback requirement, and will be required to meet the 29-foot height requirement. It is currently proposed as a single-story building, although the applicant has provided two alternative potential elevations – one of which is illustrated as a two-story building.
Transportation Issues
Vehicular Parking: The ordinance does not include specific parking requirements for a public service facility, but two 8’ x 20’ parking spaces are proposed for the pump station.
Bicycle Parking: The Land Use Management Ordinance does not require bicycle parking for this utility infrastructure.
Bus Stops and Routes: No improvements to the existing bus stop network are proposed or recommended with this application.
Traffic Impact: This development proposal was exempted from the Traffic Impact Analysis requirement. 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.
e)
This development proposal met all of the above required criteria for a Traffic Impact Analysis waiver.
Landscaping and Architectural Issues
Significant Tree Stands: There are two significant tree stands in the vicinity of the proposed pump station, identified on the Landscape Plan, to be protected.
Buffers and Landscaping: The proposed Site Plan demonstrates compliance with landscape buffer requirements for an “E” buffer (between a public service facility and a highway), and a “C” buffer (between a public service facility and collector street). The applicant will need to obtain encroachment agreements from Duke Power Company and from NCDOT, for the portions of landscaping proposed within the utility easement and right-of-way.
Building Elevations and Lighting: We recommend that a detailed building elevation be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A. The 7/29/04 Site Plan indicates that no lighting is proposed for the building.
ENVIRONMENTAL ISSUES
Watershed Protection District: The site is not located inside the Watershed Protection District.
Impervious Surface: The Land Use Management Ordinance limits impervious surface associated with new development. The Ordinance allows applicants to deduct impervious surface area that existed on a development site as of January 27, 2003 from the proposed impervious surface to calculate the post-development percentage of impervious surface on a site. The post-development impervious surface is calculated by subtracting the existing impervious surface from the proposed impervious surface and dividing that figure by the existing pervious surface on the site, as illustrated in the table below:
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Existing and Proposed Impervious Surface Data |
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Gross Land Area |
Existing Impervious Surface |
Existing Pervious Surface |
Proposed Impervious Surface |
Proposed minus Existing Impervious Surface |
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Area (Square Feet) |
21,650 SF |
567 SF |
21,083 SF |
2,092 SF |
1,525 SF |
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Percentage of Gross Land Area |
100% |
2.62% |
97.38% |
9.66% |
7.04% |
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Percentage of Existing Pervious Land Area |
NA |
NA |
NA |
NA |
7.23% |
The Land Use Management Ordinance (Table 3.8-1) 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 9.6% impervious surface for the Special Use Permit site, which complies with the low density impervious surface option.
Floodplain/ Resource Conservation District: The applicant has indicated that there is no Resource Conservation District nor FEMA 100-year floodplain on this site.
Stormwater Management: The Land Use Management Ordinance requires that new developments provide controls for stormwater rate, quality, and volume. The applicant is proposing to manage stormwater associated with the proposed development using a level spreader ditch and French Drains installed through berms. The proposed stormwater management facilities are identified on Sheet C-5 of the plans. We believe, based on the preliminary information submitted by the applicant, that the proposed stormwater management facility design will comply with the Land Use Management Plan stormwater standards for rate, quality and volume (Section 5.4.6).
We recommend that, prior to the issuance of a Zoning Compliance Permit, the applicant submit a Stormwater Management Plan for review and approval by the Town Manager. We recommend that the plan include low-impact stormwater management solutions and best management practices, such as bio-retention, pervious pavements, underground storage, infiltration trenches, vegetative swales and similar techniques. We have included a stipulation to this effect in Resolution A.
The Stormwater Management 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.
Erosion Control: 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 the County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to the issuance of a Zoning Compliance Permit.
UTILITIES AND SERVICE ISSUES
Refuse Management: 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 be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
Utilities: The Ordinance requires 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, the Ordinance requires that all new or relocated utility lines be located underground. We have included these standard stipulations 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 of the Land Use Management Ordinance:
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;
2. That the use or development complies with all required regulations and standards of this Chapter, including all applicable provisions of the Land Use Management Ordinance;
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
4. That the use or development conforms with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance 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.
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
OWASA Pump Station |
Compliance |
Non-Compliance |
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Use Permitted |
Ö (with approval of a Special Use Permit) |
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Min. Gross Land Area |
Ö |
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Min. Lot Size |
NA |
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Min. Lot Width |
NA |
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Max. Floor Area |
Ö |
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Impervious Surface Limits |
Ö |
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Treatment of Stormwater Quality, Volume, and Rate |
Ö |
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Min. Recreation Area/Space |
NA |
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Min. # Vehicular Parking Spaces |
Exempt |
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Min. # Bicycle Parking Spaces |
Exempt |
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Max. # Dwelling Units |
NA |
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Min. Street Setback |
Ö |
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Min. Interior Setback |
Ö |
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Min. Solar Setback |
Ö |
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Max. Height Limit |
Ö |
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Min. Landscape Buffers |
Ö |
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Steep Slopes |
NA |
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Resource Conservation District |
NA |
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Watershed Protection District |
NA |
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Adequate Public Schools Facilities |
NA |
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Section 6.18 (Planned Developments) |
NA |
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NA = Not Applicable Prepared: April 21, 2005
RESOLUTION A
(Approving the Special Use Permit Application)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE OWASA PUMP STATION
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Philip Post of Philip Post & Associates for the OWASA Pump Station on property identified as Durham County Tax Map 478, Block 1, Lot 6 (PIN 070901191301) if developed according to the site plans dated October 1, 2004, revised March 11, 2005, and the 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 continue a use and development that constitutes a public necessity; 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 the OWASA Pump Station in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
Stipulations Related to Transportation Issues
Stipulations Related to Landscaping and Architectural Issues
Required Landscape Buffers
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Location |
Required Buffers |
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Southern Property Line (Old Chapel Hill Road frontage) |
20 ft. Type ‘C’ Buffer |
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Eastern Property Line (Interstate 40 frontage) |
100 ft. Type ‘E’ Buffer |
Stipulations Related to Environmental Issues
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.
Stipulations Related to Utility and Service Issues
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 OWASA I-40 Pump Station in accordance with the plans and conditions listed above.
This is the__th day of _______, 2005.
RESOLUTION B
(Denying the Special Use Permit Application)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE OWASA PUMP STATION.
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Philip Post of Philip Post and Associates for the OWASA Pump Station on property identified as Durham County Tax Map 478, Block 1, Lot 6 (PIN 070901191301) if developed according to the site plans dated October 1, 2004, revised March 11, 2005:
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 Land Use Management Ordinance;
3. Would not continue a use and development that constitutes a public necessity; 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 the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby denies the application for a Special Use Permit for the OWASA Pump Station 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 OWASA Pump Station as proposed by Philip Post of Philip Post and Associates for the OWASA Pump Station.
This is the______day of__________________, 2005.
SUMMARY OF COMMUNITY DESIGN COMMISSION
CONCEPT PLAN COMMENTS
Subject: OWASW Water Pump Station on Old Chapel Hill Road
Meeting Date: August 18, 2004
Recommendation: That the comments of the Commission are forwarded to the applicant:
Vote: Unanimous to forward comments by members present: Mark Broadwell, George Cianciolo, Dale Coker, Thatcher Freund, Laura King Moore, Charlotte Newby (chair), Glenn Parks, Scott Radway, John Runkle, Amy Ryan.
Site Design
1. The locations/arrangement is tight.
2. This is a visible corner as one travels towards Durham.
3. Good location for public art.
4. This is an interesting location to do something a bit more exciting than the submitted proposal.
5. The site begs for something more.
6. Is the high visibility of the proposed building necessary? Is it for security?
7. This is an important entrance into Chapel Hill.
8. This is not a particularly “fancy” entrance into Town.
Landscaping
9. This proposed landscaping is lax.
10. Consider hiding the building behind additional landscaping.
11. Increase landscaping within the right-of-way.
12. Need more landscaping.
13. Landscaping should use native plants and match the existing pine trees.
14. It’s appropriate to screen the proposed building with pine trees.
Elevations
15. Consider a more rural type of structure such as a barn.
16. Need to pay particular attention to the elevation.
17. Proposed building does not appear to respond to existing residential structure.
18. Building looks like a civic monument.
19. Better to treat building as a separate structure and abandon idea of trying to tie elevation into the existing house.
20. Proposed building looks more like a vacant house.
21. Consider incorporating public activities into the structure so the facility can function as occupied space.
22. Building elevation should be reduced.
23. Building proportions (roof overhangs) not right.
24. Building appearance should express its function as a utility building instead of trying to be something it’s not.
25. Can the elevation be minimized by burying a portion of the structure?
Miscellaneous
26. Consider granting the Town of Chapel Hill an easement for an entranceway sign.
Prepared for: Charlotte Newby, Chair
Prepared by: Gene Poveromo, Staff
SUMMARY OF PLANNING BOARD ACTION
Subject: OWASA I-40 Pump Station – Application for Special Use Permit
Meeting Date: May 3, 2005
Recommendation: That the Council approve the Special Use Permit application with the conditions identified in Resolution A from the May 3, 2005 Staff Report.
Vote: 7 - 0
Ayes: Rebecca Boyles, Timothy Dempsey, Donna Manley, Nancy Milio, Ruby Sinreich, Mitch Strobin, James Stroud
Nays: none
Issues Raised: 1) One Board member asked about the construction vehicles currently in use at the site (OWASA is upgrading water lines at the site, a project described by the applicant as indirectly related, but a completely separate project).
2) Board members discussed the proposed elevations, noting that the site serves more as an “exit” from Chapel Hill than an “entrance” to the Town. Comments included favor for the Depot scheme, but concern that it doesn’t fit in; whereas the Barn scheme would serve as an icon. Some Board members expressed concern over support of a Tobacco barn, and the unhealthy connotation of that.
3) The applicant was asked whether the homeowner of the site has been asked which elevation they prefer. The response was that the homeowner has not expressed much interest in the specifics of the application.
Prepared by: Tim Dempsey, Chair, Chapel Hill Planning Board
J.B. Culpepper, Staff