AGENDA #12

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

From:            W. Calvin Horton, Town Manager

 

Subject:       OWASA Pump Station at I-40 and Old Chapel Hill Road - Application for Special Use Permit (File No. 478.01.6)

 

DATE:             June 15, 2005

 

 

INTRODUCTION

 

Tonight, the Council continues the Public Hearing from May 16, 2005, regarding a Special Use Permit to allow the construction of an OWASA Pump Station 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.

 

MANAGER’S 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.

 

This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:   ¨      Cover Memorandum: Provides background on the development proposal, discusses key issues raised at the May 16, 2005 Public Hearing, presents evidence in the record thus far in support of and in opposition to approval of the application, and offers recommendations for Council action and includes resolutions of approval and denial.   ¨      Attachments: Includes a copy of the Vicinity Map (showing properties within 1,000 feet from the site) and the May 16, 2005 Public Hearing memorandum.

 

BACKGROUND

 

Concept Plan reviews of this application were conducted by the Town Council on May 16, 2005, and by the Community Design Commission on May 25, 2005.

 

KEY ISSUES

 

We have identified four key issues associated with this development, discussed below.

 

Adjacent Property Notification:  A Council member expressed concern regarding whether adjacent property notification occurred for this project.

 

Comment: The staff has confirmed that notification was sent out to property owners within 1,000 feet of the OWASA site, on April 22, 2005. Please refer to the attached Vicinity Map that identifies the 1,000-foot distance (Attachment 3).

 

Town of Chapel Hill Entry Sign: A Council member asked about the potential for placing an entry sign for the Town of Chapel Hill on the property.

 

Comment: The staff has pursued this issue with NCDOT and the Public Works Department, and the Town is awaiting delivery of “Town of Chapel Hill – City Limit” signs from NCDOT. Once received, the Public Works Department plans to install one such sign at the OWASA site.

 

Building Design: Council members did not reach a consensus on which building design was preferred for the new utility building.

 

Comment: The stipulation will remain that the building elevation and lighting be approved by the Community Design Commission unless the Town Council makes a specific choice for the style of the building. We recommend that the Council follow its normal procedure and leave the design approval to the Community Design Commission.

 

Gravel Walkway: A Council member suggested including a pedestrian walkway along the proposed frontage on Old Chapel Hi ll Road, to accommodate existing pedestrian traffic generated in part by the nearby bus stop.

 

Comment: At the Public Hearing, OWASA representatives offered to provide a gravel walkway in the existing public right-of-way, along the project frontage. The staff has added this stipulation, with the requirement that the surface remain gravel to provide temporary pedestrian service, until such time as a more permanent sidewalk is installed. It should be noted that as part of the Bicycle and Pedestrian Feasibility Study for Old Durham/Chapel Hill Road, the Durham Chapel Hill Carrboro Metropolitan Planning Organization Old Durham/Chapel Hill Road policy committee has created a conceptual design for the corridor that includes four 5-foot bicycle lanes throughout with sidewalks on both sides of the street.

 

Potential for a Roundabout/Traffic Circle: The Durham Chapel Hill Carrboro Metropolitan Planning Organization Old Durham/Chapel Hill Road policy committee identified the intersection of Pope Road and Old Chapel Hill Road as a potential location for a roundabout. It is not yet clear whether additional right-of-way along Old Chapel Hill Road would be necessary for such a project. The Metropolitan Planning Organization consultants expect to have a draft version of the report with recommendations complete in early June.

 

Comment: If the Metropolitan Planning Organization or NCDOT were to request additional right-of-way to accommodate a future roundabout, it is not clear that such a request could or should be fulfilled by the applicant. First, the property to be encumbered by the Special Use Permit is being leased by OWASA; and second, there does not appear to be a rational nexus between the impacts of the pump station redevelopment and a traffic-calming device. We do not recommend inclusion of any conditions of approval regarding a future roundabout at this location.

 

EVALUATION OF THE APPLICATION

 

The standard for review and approval of a Special Use Permit application involves consideration of four findings of fact that the Council must consider for granting a Special Use Permit. Based on the evidence that is accumulated during the Public Hearing, the Council will consider whether it can make each of the four required findings for the approval of a Special Use Permit. If, after consideration of the evidence submitted at the Public Hearing, 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 can not be approved and, accordingly, should be denied by the Council.

 

Tonight, based on the evidence in the record thus far, we provide the following evaluation of this application based on the four findings of facts that the Council must consider for granting a Special Use Permit.

 

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.

 

We believe the evidence in the record to date can be summarized as follows:

 

Evidence in support:  Evidence in support of this finding for the application has been provided by the applicant’s Statement of Justification (Part of Attachment 4).

 

We note the following points from the applicant’s Statement of Justification:

 

• “The applicant believes this is an essential public service facility that has successfully operated at this location for over 20 years. Because of the essential nature of the facility, and the proposed design features for the new building, the applicant believes this SUP proposal will clearly promote the public health, safety and welfare of the citizens of Chapel Hill.” [Applicant’s Statement]

 

Evidence in opposition:  We have not identified any evidence offered in opposition to Finding #1.

 

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

 

Finding #2:  That the use or development complies with all required regulations and standards of the Land Use Management Ordinance, including all applicable provisions of Articles 3 and 5, the applicable specific standards in the Supplemental Use Regulations (Article 6) and with all other applicable regulations.

 

We believe the evidence in the record to date can be summarized as follows:

 

Evidence in support:  Evidence in support of Finding #2 for this application has been provided by the applicant’s Statement of Justification (Part of Attachment 4).

 

We note the following points from the applicant’s Statement of Justification:

 

• “The applicant believes this SUP application fully complies with LUMO in every respect, including Articles 3, 5, and 6. Furthermore, the applicant does not believe any variances are needed from any provision of LUMO. The applicant notes that the site is encumbered with a number of utilities that pre-date the Chapel Hill buffer rules. These pre-existing utilities dictate to a certain extent where new plant materials can be installed, but the applicant believes that in spite of these limitations the proposed landscaping plans meet the letter and spirit of LUMO.” [Applicant’s Statement]

Evidence in opposition:  We have not identified any evidence offered in opposition to Finding #1.

 

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

 

Finding #3:  That the use would be 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.

 

We believe the evidence in the record to date can be summarized as follows:

 

Evidence in support:  Evidence in support of Finding #3 for this application has been provided by the applicant’s Statement of Justification (Part of Attachment 4).

 

We note the following points from the applicant’s Statement of Justification:

 

• “This use is a public necessity. In addition, as a project that proposes to upgrade an existing water pumping station, this use has been operated and maintained and will continue to be operated and maintained so as to maintain the value of contiguous property.” [Applicant’s Statement]

 

Evidence in opposition:  We have not identified any evidence offered in opposition to Finding #3.

 

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

 

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.

 

We believe the evidence in the record to date can be summarized as follows:

 

Evidence in support:  Evidence in support of Finding #4 for this application has been provided by the applicant’s Statement of Justification (Part of Attachment 4).

 

We note the following key points from the applicant’s Statement of Justification:

 

• “The Comprehensive Plan for the Town of Chapel Hill is based, in part, on all development being served by a public water system and public fire protection systems.

 

The upgrade of this existing OWASA water pumping station is one of several key links in OWASA’s ability to provide water to all its customers, especially under emergency conditions. Therefore, a reliable OWASA system is a key component of the Town’s Comprehensive Plan.

 

This OWASA water pumping station will help OWASA provide public water supply to Chapel Hill, in direct furtherance of the goals and objectives of LUMO and the Town’s Comprehensive Plan.” [Applicant’s Statement]

 

Evidence in opposition:  We have not identified any evidence offered in opposition to Finding #4.

 

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

 

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 findings regarding health, safety and general welfare, and consistency with the Comprehensive Plan. 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 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. Please see the attached Summary of Planning Board Action (Part of Attachment 4).

 

Community Design Commission Recommendation:  On May 25, 2005, the Community Design Commission voted 6-0 to recommend that the Council approve this application with the adoption of Resolution A with conditions. Please see the attached Summary of Community Design Commission Action.

 

Bicycle and Pedestrian Advisory Board Recommendation:  On May 24, 2005, the Bicycle and Pedestrian Advisory Board voted 6-0 to recommend that the Council approve this application with the adoption of Resolution A. Please see the attached Summary of Bicycle and Pedestrian Advisory 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. Please see the attached Summary of Transportation Board Action (Part of Attachment 4).

 

Manager’s Revised Recommendation: Since the May 16, 2005 Public Hearing, the following stipulation has been added to the Manager’s Recommendation:

 

1) Added Stipulation:

 

1. Gravel Walkway: That the gravel area along the frontage of the site be maintained as a pedestrian walkway until such time as a more permanent sidewalk is installed; Final Plans subject to review and approval by the Town Manager.

 

This addition has been included as stipulation 4, in Resolution A.

 

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 B would deny the application.

 

ATTACHMENTS

 

1.      Bicycle Pedestrian Advisory Board Summary of Action (p. 13).

2.      Community Design Commission Summary of Action (p. 14)

3.      Vicinity Map (p. 15).

4.      May 16, 2005 Public Hearing Memorandum and Related Attachments (begin new page 1).

 

RESOLUTION A

(Manager’s Revised Recommendation)

 

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE OWASA PUMP STATION (2005-06-15/R-19a)

 

NOW, THEREFORE, 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

                                                                       

1. That construction begin by June 15, 2007 (two years from approval date) and be completed by June 15, 2008 (three years from approval date).

 

Stipulations Related to Transportation Issues

 

2. Ingress/Egress Access Easement: That the Town Manager approve an access easement for ingress and egress to the site from Old Chapel Hill Road, to be recorded prior to the issuance of a Zoning Compliance Permit.

 

3. Traffic and Pedestrian Control Plan: That a Traffic Management Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction, including detour information and a pedestrian management plan indicating how pedestrian movements will be safely maintained shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

4. Gravel Walkway:  That the gravel area along the frontage of the site be maintained as a pedestrian walkway until such time as a more permanent sidewalk is installed; Final Plans subject to review and approved by the Town Manager.

 

Stipulations Related to Landscaping and Architectural Issues

 

5. Required Buffers: That the following landscape buffers be provided, and if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by fencing from adjacent construction:

 

Required Landscape Buffers

Location	Required Buffers
Southern Property Line (Old Chapel Hill Road frontage)	20 ft. Type ‘C’ Buffer
Eastern Property Line (Interstate 40 frontage)	100 ft. Type ‘E’ Buffer

 

6. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating significant tree stands, detail of protective fencing and construction parking and materials staging/storage areas, and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

7. Parking Lot Landscape Screening: That all parking areas shall be screened from view in accordance with the provisions of Article 5.6 of the Land Use Management Ordinance. The landscape screening plans shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

8. Landscape Plan and Landscape Maintenance Plan: That a detailed Landscape Plan including a Landscape Maintenance Plan, shall 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 as well as the limits of land disturbance and tree protection fencing.

 

9. Building Elevations: That the Community Design Commission approve building elevations for this project, prior to issuance of a Zoning Compliance Permit. The height of the building shall meet the 29’ ordinance requirement.

 

10. Lighting Plan: That the Community Design Commission approve a lighting plan for this project prior to issuance of a Zoning Compliance Permit. The Community Design Commission shall take additional care during review to ensure that the proposed lighting plan will minimize 1) upward light pollution and 2) offsite spillage of light.

 

Stipulations Related to Environmental Issues

 

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

 

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. We recommend that the plan 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. State or Federal Approvals: That any required State or Federal permits or encroachment agreements must be approved by the appropriate agencies and copies of the approved permits be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.

 

15. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for monitoring and maintenance of facilities and modifications of the plan if necessary, be approved by the County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. That a performance guarantee shall be provided, if more than one acre of land is disturbed, in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.

 

16. 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

 

17. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, and for managing and minimizing construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

 

18. Overhead Obstruction/Utility Lines: That the final plans included details verifying that no overhead obstruction or utility wires will interfere with service vehicle access or operation.

 

19. Utility Plan Approval: That the final Utility Plan be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth, 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. Landscape Encroachment Agreements: 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. 

 

22. Fire Flow: That a fire flow report for all new construction, shall be prepared and sealed by a registered professional engineer, which demonstrates 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.

 

Stipulations Related to Miscellaneous Issues

 

23. 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.

 

24. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.

 

25. 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.

 

26. 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 Certificate of Occupancy.

 

27. 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 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.

 

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

 

29. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

 

BE IT FURTHER RESOLVED 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 15^th day of June, 2005.

 

RESOLUTION B

 

(Denying the Special Use Permit Application)

 

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE OWASA PUMP STATION (2005-06-15/R-19b)

 

NOW, THEREFORE, 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)

 

 

BE IT FURTHER 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 15^th day of June, 2005.

 

ATTACHMENT 1

 

SUMMARY OF BICYCLE AND PEDESTRIAN

ADVISORY BOARD ACTION

 

 

Subject:                       OWASA Pump Station at I-40 and Old Durham Chapel Hill Road                                            Application for Special Use Permit

 

 

Meeting Date:           May 24, 2005

 

 

Recommendation:      The Bicycle and Pedestrian Advisory Board recommends that the Council approve the application as set out in Resolution A of the Town Manager’s with the following additional stipulation:

 

“That bicycle and pedestrian improvements be provided along the property frontage to be coordinated with the Town’s long range plans for this area.”

 

 

Vote:                           6 –0.

 

Aye:     Kate Millard, Heidi Perry, Jed Dube Wayne Pein and Tim Saunders and Ray Piplani.

 

Reasons:          

1.      The SUP needs to include stipulation(s) to provide for improvements that may be recommended by the current bicycle and pedestrian feasibility study being undertaken by the Durham Chapel Hill Carrboro Metropolitan Planning Organization for Old Durham Chapel Hill Road.

                 

 

 

 

 

 

 

 

 Prepared by:                Jed Dube, Chair, Bicycle and Pedestrian Advisory Board

            Gordon Sutherland, Principal Planner

 

ATTACHMENT 2

 

SUMMARY OF COMMUNITY DESIGN COMMISSION ACTION

 

 

 

Subject:                       OWASA Pump Station at I-40 & Old Chapel Hill Road - Special Use Permit

 

Meeting Date:           May 25, 2005

 

Recommendation:      That the Council approves the Special Use Permit for the OWASA Pump Station at I-40 and Old Chapel Hill Road with the adoption of Resolution A

 

Vote:                           6-0

 

Ayes: Chris Culbert, Charlotte Newby, Scott Nielson, Scott Radway, Amy Ryan, Jonathan Whitney

 

Nay: None 

 

Comment:                   That in order to assist the Community Design Commission during the review of building elevations, that the Town Council informs the Design Commission of any particular architectural concerns or preferences for the proposed pump station building.   

 

 

 

 

 

 

 

 

Prepared by:                 Charlotte Newby, Vice-Chair

                                    Gene Poveromo, Staff