AGENDA #10

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Airport Road BP Gas Station – Application for Special Use Permit Modification (File No. 24-37A)

DATE: January 10, 2000

Tonight the Council continues the Public Hearing from November 15, 1999 regarding an application for a Special Use Permit Modification to demolish the existing service station at the corner of Critz Drive and Airport Road and construct a convenience store and fuel pumps. Adoption of Resolution A, B, or C would approve a Special Use Permit Modification. Adoption of Resolution D would deny the request.

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 and the Town’s review process, and offers recommendations for Council action.

· Attachments: Includes resolutions of approval and denial, comments on issues raised during the November 15, 1999 Public Hearing, and a copy of the November 15^th Public Hearing memorandum and its related attachments.

BACKGROUND

On November 15, 1999, a Public Hearing was held for consideration of a Special Use Permit Modification to authorize demolition of the existing service station at the corner of Critz Drive and Airport Road and construction of a convenience mart and fuel pumps. Questions regarding the application were raised during the Public Hearing, and the hearing is being reopened tonight to receive staff and applicant responses to these questions. We note that on November 15^th the Council adopted a resolution defining contiguous property for this application as those properties within 2,000 feet of the subject property.

PROCESS

This is an application for a Special Use Permit Modification. The Development Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit Modification 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 on November 15^th we submitted our report and recommendation to the Council.

The standard for review and approval of a Special Use Permit Modification is essentially the same as for a Special Use Permit and involves consideration of four findings. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Development Ordinance directs that the Special Use Permit Modification 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.

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 Articles 12, 13, and 14 and with all other applicable regulations.

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.

4) That the use or development conforms with the general plans for the physical development of the Town as embodied in this chapter and in the Comprehensive Plan.

The November 15^th Public Hearing memorandum discussed the four findings as they related to this application, including both supporting and opposing evidence for each finding. We have provided the Public Hearing materials as an attachment to this memorandum.

If, after consideration of the evidence presented at the November 15^th Public Hearing and additional evidence submitted this evening, the Council decides that it can make the required four findings, the Special Use Permit Modification can be approved.

If the Council decides that sufficient evidence has not been provided to make the four findings, then the application must be accordingly denied. Although the primary purpose of tonight’s meeting is to receive staff and applicant responses to the questions raised during the November 15^th Public Hearing, we note that further evidence may be submitted this evening.

MODIFICATIONS TO THE REGULATIONS

Related to the second finding, regarding compliance with regulations and standards, is the applicant’s request for modifications to the regulations pertaining to service station location and driveway location. Section 18.7.1 of the Development Ordinance allows the Town Council to modify particular regulations for a specific site if the follow finding is made:

· That public purposes are satisfied to an equivalent or greater degree.

If the Council finds that Section 18.7.1 of the Development Ordinance can be applied to the proposal, and that the proposed modifications to the regulations would not satisfy public purposes to an equivalent or greater degree, the application may be considered ineligible for approval as currently designed and may be denied.

If the request for a Special Use Permit Modification is denied, the owner would have several options regarding the use and development of the property:

· Continue the present use on the site under the current Special Use Permit.

· Apply for a Special Use Permit Modification for a non-service station use.

· Vacate the site for a year’s time and allow the current Special Use Permit to expire. Subsequently apply for site plan approval by the Planning Board for a permitted use in the Neighborhood Commercial zoning district.

Alternatively, if the Council finds that Section 18.7.1 of the Development Ordinance can be applied to this situation, and that the proposed modifications to the regulations would satisfy public purposes to an equivalent or greater degree, the application may be approved with the requested modifications to the regulations. We note that the Council could find that said public purposes are that continuation of a service station use is beneficial to the community from a service or economic standpoint; that additional landscaping and removal of rental trucks would represent aesthetic improvements along a major transportation corridor; and/or that revised access and circulation would improve public safety.

We believe that site improvements, whether associated with an improved service station use or an entirely new use, would serve the community’s best interests. We believe the Council could reasonably deny the current application with justification or reasonably approve the application with justification.

Please also see pages 28 and 29 of this memorandum for further discussion regarding the Council’s discretion in granting modifications to the regulations.

KEY ISSUES

We believe that the key issues brought forth during the November 15^th Public Hearing were related to use of the property, traffic, vehicular access, architecture, canopy height, lighting, and water quality protection. We have provided a list of individual questions/issues raised during the hearing, followed by responses from the Town staff and the applicant, as an attachment to this memorandum. Please refer to page 26 for a complete discussion.

RECOMMENDATIONS

Recommendations are summarized below. Please see the attached summaries of board actions and recommendations.

Planning Board’s Recommendation: The Planning Board met on October 5, 1999 to review this application. The Board’s motion to approve the application failed in a 4-4 vote. In lieu of a recommendation of approval or denial, the Board provided the following comments:

· The Planning Board, acknowledging it could not make a recommendation based on use of the property, nevertheless preferred to see the property used for a mechanic’s garage rather than a convenience store.

· The Board recommended that further study be given to the bus stop location and to traffic safety at the Critz Drive access.

· The Board recommended that the canopy height be limited to no more than 14’6”.

· The Board expressed concerns about the proposed architecture of the building and canopy, saying the appearance could be substantially improved.

Please see the attached Summary of Planning Board action. We note that since the Planning Board meeting, the applicant has worked with Town staff to consider closing off the Critz Drive access and to consider alternate locations for the bus stop. The canopy height restriction has been included in Resolution A. Also included in Resolutions A, B, and C is a stipulation calling for Community Design Commission approval of the building elevations, including the canopy.

Transportation Board’s Recommendation: The Transportation Board met on November 9, 1999 to review the application and voted 6-1 to recommend approval of the application with conditions. Resolution C represents the Transportation Board’s recommendation, with the exception of the stipulation calling for the porkchop island.

Bicycle and Pedestrian Advisory Board’s Recommendation: The Bicycle and Pedestrian Advisory Board met on October 12, 1999 to review the application and voted 7-0 to recommend approval of Resolution B, approving the application with conditions, including those following:

· That the grassy space between the bus pad and the curb be paved.

· That the bus stop include a shelter.

· That a pedestrian route from the storefront to the northern property line be striped on the pavement.

· That Wave-type bike racks, accommodating at least 8 bikes, be provided.

The Board also suggested that the patio be covered to protect the proposed bike parking area. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action. We note that the above recommendations have also been included in Resolution A, the Manager’s recommendation.

Community Design Commission’s Recommendation: The Community Design Commission met on September 28, 1999 to review the application and voted 8-0 to recommend approval with conditions. The Commission recommended that a “porkchop” median be placed in the site’s Airport Road entrance. This recommendation has been included in Resolution C.

Manager’s Recommendation: Based on the information in the record to date, we believe the Council could make the findings required to approve the permit.

We recommend that the Council adopt Resolution A, approving the application with conditions. For safety and nuisance concerns, we do not recommend the “porkchop” median. We believe it would divert more service station traffic onto Critz Drive, close to the neighborhood and close to the Airport Road intersection.

Adoption of Resolution D would deny the application.

DIFFERENCES AMONG RESOLUTIONS

ISSUE	RESOLUTION A Manager’s Recommendation	RESOLUTION B Bicycle and Pedestrian Advisory Board Recommendation	RESOLUTION C Community Design Commission Recommendation
Porkchop Median at Airport Road Access Point	No	*	Yes
Maximum Canopy Height of 14’6”	Yes	*	*
Continuous Pavement from Bus shelter pad to curb	Yes	Yes	*
Bus stop includes shelter	Yes	Yes	*
Bike racks	Yes	Yes	*
Striped pedestrian route	Yes	Yes	*

* Not discussed during this advisory board’s review of the application, therefore not included in this resolution.

ATTACHMENTS

1. Resolution A (p. 7)

2. Resolution B (p. 13)

3. Resolution C (p. 19)

4. Resolution D (p. 25)

5. List of Questions Raised at November 15, 1999 Public Hearing, with Staff Comment (p. 26)

6. Summary of Transportation Board Action (p. 32)

7. Letter from Applicant (p. 33)

8. 1969 Special Use Permit (p. 38)

9. November 15, 1999 Public Hearing Memorandum and Related Attachments (begin new page 1)

ATTACHMENT 1

RESOLUTION A

(Manager’s Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR AIRPORT ROAD BP SERVICE STATION (SUP MOD 24-37A)

(2000-01-10/R-22a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by M.M. Fowler, on property identified as Chapel Hill Township Tax Map 24, Lot 37A (PIN#9789-29-5003), if developed according to the plans dated February 3, 1999 and conditions listed below, would:

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations, with the modifications listed below;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED by the Town Council of Chapel Hill that it finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

1. Modification of Subsection 18.7.15 (4) of the Development Ordinance to allow the present nonconformance, relative to distances between this and two nearby service stations, to continue.

2. Modification of Subsection 18.17.15 (4) of the Development Ordinance to allow the proposed driveway entrances on Airport Road and Critz Drive to be approximately 202 feet and 145 feet, respectively, from the intersection.

Said public purposes being improved safety by removal of the driveway nearest the intersection; improved aesthetics by installation of landscape buffers along all property lines and parking lot screening; and improved vehicular circulation and safety through shared access with the adjacent commercial property to the north.

BE IT FURTHER RESOLVED that the Town Council hereby approves the Special Use Permit Modification in accordance with the plans listed above and with the additional conditions listed below:

Stipulations Specific to the Development

1. That construction begin by January 10, 2002 and be completed by January 10, 2003.

2. Relationship to 1969 Special Use Permit: That this approval would supersede the 1969 Special Use Permit.

3. Use Approved: That a service station use is approved for this site, with no sale of foods other than packaged foods, and no outdoor display of rental vehicles or equipment. This approval authorizes 2,400 square feet of floor area and 14 parking spaces.

4. Hazardous Waste Management: That the underground fuel tanks and any contaminated soil be removed and disposed of in accordance with state and federal regulations prior to issuance of a Certificate of Occupancy.

5. Recorded Shared Access Easement: That a shared access easement, allowing access between and across this property and the commercial property adjacent to the north be recorded in the Orange County Register of Deeds Office prior to issuance of a Zoning Compliance Permit.

6. Heavy Duty Pavement: That heavy duty pavement be installed under the refuse service vehicle access route and under the dumpster pad, with pavement specifications, the location, and configuration to be approved by the Town Manager.

7. Driveways: That the Airport Road driveway be a Town standard street-type driveway and the Critz Drive driveway be a Town standard ramp-type driveway.

8. Pavement Striping for a Pedestrian Route: That a pedestrian route from the storefront to the northern property line be striped on the pavement.

9. Bike Racks: That Wave-type bike racks, accommodating at least 8 bikes, be provided.

10. Bus Stop: That the bus stop be shifted north, to a location to be approved by the Town Manager and NCDOT, and that a pad, bench, and shelter be provided. In addition, the space between the bus pad and the curb shall be paved

11. Dedication of Right-of-Way and Sight Triangle Easements: That right-of-way and sight triangle easements, as required by NCDOT, be dedicated prior to the issuance of a Zoning Compliance Permit.

12. New Curb, Gutter, Sidewalk and Catch Basin: That new curb, gutter and sidewalk be constructed along the entirety of both road frontages, to the northern and western property lines; and that a new catch basin be added along the Critz Drive frontage to accommodate the existing 15” and 18” drainage pipes.

13. Traps for Grease and Oil: That sand/oil separators or equivalent devices be installed and maintained to separate the grease and oil from the stormwater runoff.

14. Canopy Height: That the underside of the canopy be at least 14’6” above the ground for service vehicle clearance, and no more than 14’6” high for appearance reasons.

Standards for Service Stations

15. Dispersion, Removal of Hazardous Chemicals: That adequate provision shall be made for ventilation and the dispersion and removal of fumes, and for the removal of hazardous chemicals and fluids.

16. Prohibition of Tractor-Trailer Trucks: That the service station building, canopy, and site be designed so that tractor-trailer trucks cannot approach and use the fuel pumps, but so that access is provided for service vehicles.

17. Emergency Contigency Plan: That an emergency contingency plan must be prepared in accordance with Federal regulations.

18. Storage Area Dike: That storage areas shall be protected by a dike of appropriate size.

19. Separation of Hazardous Materials from Storm Drainage System: All floor drains that might collect hazardous materials must be connected to a tank or catch basin of appropriate size, and shall not be open to the site’s natural drainage system.

20. Underground Storage Tanks: That the underground storage tanks for fuel at the service station be double-walled and equipped for interstitial monitoring with an automatic alarm system; or that they be designed, constructed, and monitored to meet a greater safety rating. The service station owner shall register all underground storage tanks and pay annual tank fees in conformance with State regulations;

21. Piping: That piping from the underground storage tanks be double-walled. Underground piping that conveys fuel under pressure must be equipped with an automatic line leak detector; and

22. Monitoring Well: That a monitoring well be drilled on the service station site. Final plans showing the location and depth of the test well are to be submitted to the Town Manager and the North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management/Groundwater Section for approval. Testing shall be conducted at the time intervals approved by the State and Town Manager, and reports shall be submitted to the Town and the State.

Stipulations Related to Landscape Elements

23. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

24. Landscape Plan:

A. That a detailed landscape plan and landscape maintenance plan be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

B. The following landscape buffers shall be provided:

· Alternate Type “D” landscape buffer (23 feet in width) along Airport Road;

· Alternate Type “D” landscape buffer (15 feet in width) at the intersection;

· Type “C “ landscape buffer (minimum width 20 feet) along Critz Drive;

· Type “C” landscape buffer (minimum width 20 feet) along the western property line;

· Type “B” landscape buffers (minimum width 10 feet) along the northern property line.

If the Town and/or NCDOT grant a landscape encroachment easement at the corner of Critz Drive and Airport Road, a full-width landscape buffer shall be planted instead of an alternative landscape buffer.

Any alternative landscape buffer must be reviewed and approved by the Community Design Commission and Town Manager prior to issuance of a Zoning Compliance Permit.

C. Detailed final plans shall include:

· Demonstration that parking lot shading and screening requirements will be met;

· Replacement of the damaged 10 inch Bradford Pear in the southeast corner and the leaning 20inch double sweet gum near the western property line; and

· Demonstration of compliance with the Master Landscape Plan for Entranceways.

D. That the easements for all utility lines be indicated on the final plans, and that the landscape buffers be located outside these.

Stipulations Related to Building Elevations

25. Building Elevation Approval: That the detailed building elevations (including the canopy) and lighting plan be approved by the Community Design Commission prior to issuance of the Zoning Compliance Permit.

Stipulations Related to Water, Sewer, and Other Utilities

26. 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.

27. Placement of Utility Lines Underground: That the final plans clearly locate and identify all existing and proposed utility lines, including three phase power lines. Any overhead utility lines, other than three phase power lines, must be placed underground.

28. Fire Flow: That a fire flow report, prepared by a registered professional engineer, and showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

29. Stormwater Management Plan: That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a 25-year storm, the post-development stormwater run-off rate should not exceed the pre-development rate. The plan must show how stormwater detention for this site will be achieved.

30. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan and a plan for managing and minimizing demolition and construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. The demolition debris plan must be approved by the Town Manager prior to initiation of demolition on the site.

31. 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 Development Ordinance and the Design Manual.

32. 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 Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit.

33. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

34. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number, the contractor’s representative, with a phone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.

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

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

37. 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 Special Use Permit Modification application for Airport Road BP Service Station.

This the 10th day of January, 2000.

ATTACHMENT 2

RESOLUTION B

(Bicycle and Pedestrian Advisory Board’s Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR AIRPORT ROAD BP SERVICE STATION (SUP MOD 24-37A)

(2000-01-10/R-22b)

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED by the Town Council of Chapel Hill that it finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

1. Modification of Subsection 18.7.15 (4) of the Development Ordinance to allow the present nonconformance, relative to distances between this and two nearby service stations, to continue.

BE IT FURTHER RESOLVED that the Town Council hereby approves the Special Use Permit Modification in accordance with the plans listed above and with the additional conditions listed below:

Stipulations Specific to the Development

1. That construction begin by January 10, 2002 and be completed by January 10, 2003.

2. Relationship to 1969 Special Use Permit: That this approval would supersede the 1969 Special Use Permit.

7. Driveways: That the Airport Road driveway be a Town standard street-type driveway and the Critz Drive driveway be a Town standard ramp-type driveway.

8. Pavement Striping for a Pedestrian Route: That a pedestrian route from the storefront to the northern property line be striped on the pavement.

9. Bike Racks: That Wave-type bike racks, accommodating at least 8 bikes, be provided.

11. Dedication of Right-of-Way and Sight Triangle Easements: That right-of-way and sight triangle easements, as required by NCDOT, be dedicated prior to the issuance of a Zoning Compliance Permit.

13. Traps for Grease and Oil: That sand/oil separators or equivalent devices be installed and maintained to separate the grease and oil from the stormwater runoff.

Standards for Service Stations

14. Dispersion, Removal of Hazardous Chemicals: That adequate provision shall be made for ventilation and the dispersion and removal of fumes, and for the removal of hazardous chemicals and fluids.

15. Prohibition of Tractor-Trailer Trucks: That the service station building, canopy, and site be designed so that tractor-trailer trucks cannot approach and use the fuel pumps, but so that access is provided for service vehicles.

16. Emergency Contigency Plan: That an emergency contingency plan must be prepared in accordance with Federal regulations.

17. Storage Area Dike: That storage areas shall be protected by a dike of appropriate size.

18. Separation of Hazardous Materials from Storm Drainage System: All floor drains that might collect hazardous materials must be connected to a tank or catch basin of appropriate size, and shall not be open to the site’s natural drainage system.

19. Underground Storage Tanks: That the underground storage tanks for fuel at the service station be double-walled and equipped for interstitial monitoring with an automatic alarm system; or that they be designed, constructed, and monitored to meet a greater safety rating. The service station owner shall register all underground storage tanks and pay annual tank fees in conformance with State regulations;

20. Piping: That piping from the underground storage tanks be double-walled. Underground piping that conveys fuel under pressure must be equipped with an automatic line leak detector; and

21. Monitoring Well: That a monitoring well be drilled on the service station site. Final plans showing the location and depth of the test well are to be submitted to the Town Manager and the North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management/Groundwater Section for approval. Testing shall be conducted at the time intervals approved by the State and Town Manager, and reports shall be submitted to the Town and the State.

Stipulations Related to Landscape Elements

22. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

23. Landscape Plan:

A. That a detailed landscape plan and landscape maintenance plan be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

B. The following landscape buffers shall be provided:

· Alternate Type “D” landscape buffer (23 feet in width) along Airport Road;

· Alternate Type “D” landscape buffer (15 feet in width) at the intersection;

· Type “C “ landscape buffer (minimum width 20 feet) along Critz Drive;

· Type “C” landscape buffer (minimum width 20 feet) along the western property line;

· Type “B” landscape buffers (minimum width 10 feet) along the northern property line.

Any alternative landscape buffer must be reviewed and approved by the Community Design Commission and Town Manager prior to issuance of a Zoning Compliance Permit.

C. Detailed final plans shall include:

· Demonstration that parking lot shading and screening requirements will be met;

· Replacement of the damaged 10 inch Bradford Pear in the southeast corner and the leaning 20inch double sweet gum near the western property line; and

· Demonstration of compliance with the Master Landscape Plan for Entranceways.

D. That the easements for all utility lines be indicated on the final plans, and that the landscape buffers be located outside these easements.

Stipulations Related to Building Elevations

24. Building Elevation Approval: That the detailed building elevations (including the canopy) and lighting plan be approved by the Community Design Commission prior to issuance of the Zoning Compliance Permit.

Stipulations Related to Water, Sewer, and Other Utilities

25. 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.

26. Placement of Utility Lines Underground: That the final plans clearly locate and identify all existing and proposed utility lines, including three phase power lines. Any overhead utility lines, other than three phase power lines, must be placed underground.

27. Fire Flow: That a fire flow report, prepared by a registered professional engineer, and showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

28. Stormwater Management Plan: That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a 25-year storm, the post-development stormwater run-off rate should not exceed the pre-development rate. The plan must show how stormwater detention for this site will be achieved.

29. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan and a plan for managing and minimizing demolition and construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. The demolition debris plan must be approved by the Town Manager prior to initiation of demolition on the site.

30. 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 Development Ordinance and the Design Manual.

31. 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 Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit.

32. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

33. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number, the contractor’s representative, with a phone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.

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

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

36. 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 Special Use Permit Modification application for Airport Road BP Service Station.

This the 10th day of January, 2000.

ATTACHMENT 3

RESOLUTION C

(Community Design Commission’s Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR AIRPORT ROAD BP SERVICE STATION (SUP MOD 24-37A)

(2000-01-10/R-22c)

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED by the Town Council of Chapel Hill that it finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

1. Modification of Subsection 18.7.15 (4) of the Development Ordinance to allow the present nonconformance, relative to distances between this and two nearby service stations, to continue.

BE IT FURTHER RESOLVED that the Town Council hereby approves the Special Use Permit Modification in accordance with the plans listed above and with the additional conditions listed below:

Stipulations Specific to the Development

1. That construction begin by January 10, 2002 and be completed by January 10, 2003.

2. Relationship to 1969 Special Use Permit: That this approval would supersede the 1969 Special Use Permit.

7. Porkchop Median: That a porkchop median be installed at the Airport Road access.

8. Driveways: That the Airport Road driveway be a Town standard street-type driveway and the Critz Drive driveway be a Town standard ramp-type driveway.

9. Bus Stop: That the bus stop be shifted north, to a location to be approved by the Town Manager and NCDOT, and that a pad, bench, and shelter be provided.

10. Dedication of Right-of-Way and Sight Triangle Easements: That right-of-way and sight triangle easements, as required by NCDOT, be dedicated prior to the issuance of a Zoning Compliance Permit.

11. New Curb, Gutter, Sidewalk and Catch Basin: That new curb, gutter and sidewalk be constructed along the entirety of both road frontages, to the northern and western property lines; and that a new catch basin be added along the Critz Drive frontage to accommodate the existing 15” and 18” drainage pipes.

12. Traps for Grease and Oil: That sand/oil separators or equivalent devices be installed and maintained to separate the grease and oil from the stormwater runoff.

13. Canopy Height: That the underside of the canopy be at least 14’6” above the ground for service vehicle clearance.

Standards for Service Stations

14. Dispersion, Removal of Hazardous Chemicals: That adequate provision shall be made for ventilation and the dispersion and removal of fumes, and for the removal of hazardous chemicals and fluids.

16. Emergency Contigency Plan: That an emergency contingency plan must be prepared in accordance with Federal regulations.

17. Storage Area Dike: That storage areas shall be protected by a dike of appropriate size.

20. Piping: That piping from the underground storage tanks be double-walled. Underground piping that conveys fuel under pressure must be equipped with an automatic line leak detector; and

Stipulations Related to Landscape Elements

22. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

23. Landscape Plan:

A. That a detailed landscape plan and landscape maintenance plan be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

B. The following landscape buffers shall be provided:

· Alternate Type “D” landscape buffer (23 feet in width) along Airport Road;

· Alternate Type “D” landscape buffer (15 feet in width) at the intersection;

· Type “C “ landscape buffer (minimum width 20 feet) along Critz Drive;

· Type “C” landscape buffer (minimum width 20 feet) along the western property line;

· Type “B” landscape buffers (minimum width 10 feet) along the northern property line.

Any alternative landscape buffer must be reviewed and approved by the Community Design Commission and Town Manager prior to issuance of a Zoning Compliance Permit.

C. Detailed final plans shall include:

· Demonstration that parking lot shading and screening requirements will be met;

· Replacement of the damaged 10 inch Bradford Pear in the southeast corner and the leaning 20inch double sweet gum near the western property line; and

· Demonstration of compliance with the Master Landscape Plan for Entranceways.

D. That the easements for all utility lines be indicated on the final plans, and that the landscape buffers be located outside these easements.

Stipulations Related to Building Elevations

Stipulations Related to Water, Sewer, and Other Utilities

Miscellaneous Stipulations

32. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

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

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

36. 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 Special Use Permit Modification application for Airport Road BP Service Station.

This the 10th day of January, 2000.

ATTACHMENT 4

RESOLUTION D

(Denying the Application)

A RESOLUTION DENYING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE AIRPORT ROAD BP SERVICE STATION (SUP MOD 24-37A)

(2000-01-10/R-22d)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by M.M. Fowler, on property identified as Chapel Hill Township Tax Map 24, Lot 37A, (PIN# 9789-29-5003) if developed according to the plans dated February 3, 1999 and conditions listed below would not:

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED by the Town Council of Chapel Hill that it finds, in this particular case, that the following modifications to the regulations, requested by the applicant, would not satisfy public purposes to an equivalent or greater degree:

1. Modification of Subsection 18.7.15 (4) of the Development Ordinance to allow the present nonconformance, relative to distances between this and two nearby service stations, to continue.

BE IT FURTHER RESOLVED that the Council finds:

(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 Special Use Permit Modification application for the Airport Road BP Service Station of Chapel Hill.

This the 10th day of 2000.

ATTACHMENT 5

Issues Raised During the November 15, 1999 Public Hearing

AIRPORT ROAD BP STATION

Special Use Permit Modification Application

1. At the Public Hearing, a Council member asked what uses were permitted by the 1969 Special Use Permit currently encumbering the site.

Staff Comment: Please see the attached copy of the 1969 Special Use Permit. The permit authorized a service station as a “drive-in business” and did not specifically require automobile repair as a component of the approval.

2. At the Public Hearing, a Council member asked for the Development Ordinance definition of a Service Station.

Staff Comment: Below is the Ordinance definition of a Service Station:

2.111 Service Station: An establishment where gasoline or diesel fuel is supplied and dispensed at retail and where, in addition, the following services only may be rendered and sales made:

a) Sales and service of spark plugs, batteries, and distributor and ignition system parts;

b) Sales, service, and repair of tires, but not recapping or regrooving;

c) Replacement of mufflers, tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease retainers, wheel bearings, mirrors, and the like;

d) Radiator cleaning, flushing, and fluid replacement;

e) Sale of automotive washing and polishing supplies;

f) Greasing and lubrication;

g) Providing and repairing fuel pumps, oil pumps, and lines;

h) Minor adjustment and repair of carburetors;

i) Emergency repair of wiring;

j) Minor motor adjustment not involving removal of the head or crankcase;

k) Sale of beverages, packaged foods, tobacco products, and similar convenience goods for customers, as accessory and incidental to principal operations;

l) Provision of road maps and other travel information to customers;

m) Provision of restroom facilities;

n) Warranty maintenance and safety inspections.

Uses permissible at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in service stations.

We believe that to date the service station has operated in accordance with this definition.

3. At the Public Hearing, a Council member asked what review process would be required of the applicant if he wanted to cease the auto repair accessory use and expand the retail accessory use associated with the service station.

Staff Comment: Service stations, convenience stores, and general business are all uses in Use Group “C”, and all are allowed in Neighborhood Commercial zoning district. Since 1969, the primary use of this site has continuously been a service station, in accordance with the 1969 approval. The retail portion (sale of beverages, packaged foods, etc.) has been considered an accessory use. We believe that with administrative approval, the auto repair accessory component could cease and the accessory retail component could be expanded as long as auto fuel continues to be sold, so that the primary use of the site remains a service station.

4. At the Public Hearing, a Council member asked for clarification as to what distinguishes a grocery store from a convenience store, and asked if both uses were permitted in the Neighborhood Commercial zoning district.

Staff Comment: The definition section, Article 2, of the Development Ordinance does not define “grocery store” and “convenience store.” Instead, the Ordinance defines Convenience Businesses and General Businesses as follows:

2.15 Business, Convenience: Commercial establishments that generally serve day-to-day commercial needs of a residential neighborhood, including drugstores, tobacco shops, newsstands, bakeries, confectioneries, delicatessens, meat and produce markets, food stores with less than ten thousand (10,000) square feet in floor area, and eating and drinking establishments.

2.16 Business, General: Commercial establishments that, in addition to serving day-to-day commercial needs of a community, also supply the more durable and permanent needs of a whole community, including supermarkets, department stores, discount stores, variety stores, hardware and garden supply stores, apparel and footwear stores, florists, gift shops, jewelry stores, book and stationery stores, specialty shops, sporting goods stores, furniture and home furnishing stores, automotive supply stores, and appliance stores.

We believe that convenience stores fall under the category of convenience business and that grocery stores are included in the definition of general business. Both convenience and general businesses are permitted as primary and accessory uses in the Neighborhood Commercial zoning district.

5. At the Public Hearing, a Council member asked what effect closing the business would have.

Staff Comment: If the applicant were to cease all business activities on the site for a full year, the 1969 Special Use Permit would become void. Any renewed business activity would require a Site Plan Approval by the Planning Board.

If the applicant were to cease only the auto repair and/or retail components (accessory uses), the primary use as service station would be unaffected from a regulatory standpoint. Accessory uses listed in the definition of “service station” could later be added back with Town staff approval.

6. At the Public Hearing, a Council member asked about the Council’s discretion in making the necessary finding regarding modifications to the regulations requested in an application for Special Use Permit Modification.

Staff Comment: The applicant requests relief from two of the service station standards in the Development Ordinance adopted in 1981. The standards call for service stations to be located certain distances from each other and for the service station driveways to be located certain distances from street intersections.

Section 18.7.1 states:

Where actions, designs, or solutions proposed by the applicant are not literally in accord with applicable special use regulations, general regulations, or other regulations in this Ordinance, but the Council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree, the Council may make specific modification of the regulations in the particular case for Modification of Special Use Permit applications, or in approving a new Special Use Permit for existing development that requires a Special Use Permit. Any modification of regulations shall be explicitly indicated in the Modification of the Special Use Permit.

As discussed in the Public Hearing memorandum, if the Town Council believes it is appropriate to apply Section 18.7.1 of the Development Ordinance to this situation, this additional finding would need to be considered in the Council’s action on the application.

The Council may under 18.7.1 of the Ordinance permit a modification to regulations when it finds that “public purposes are satisfied to an equivalent or greater degree.” Thus the Council may, but would not be required to, allow a modification of regulations and has broad discretion to not allow a modification, thus requiring that an application conform to the ordinance in the same manner as a new application would be required to do. We note that due to the lot’s location and size, no revisions to the proposed site plan could bring the proposal into compliance with the current service station driveway standards.

With respect to what the Council might consider as sufficient grounds to justify making a finding that “public purposes are satisfied to an equivalent or greater degree” in order to support a granting of a modification to regulations, the Council has discretion, but should articulate through its Resolution the finding and should include a reference to what the public purposes are that are being satisfied.

We believe the Council could reasonably deny the current application with justification or reasonably approve the application with justification.

7. At the Public Hearing, a Council member asked for additional information about the anticipated increase in traffic on Critz Drive.

Staff Comment: For the public hearing, the applicant prepared a Traffic Impact Analysis, which included analysis of anticipated traffic conditions on Critz Drive. Please refer to page ___o f the attached letter from the applicant for elaboration on this aspect of the traffic analysis.

8. At the Public Hearing, a Council member asked for a visual description of the “porkchop island” recommended by the Community Design Commission for the Airport Road entrance. The staff was asked to address any traffic merging issues on Airport Road.

Staff Comment: The Community Design Commission recommended that a “porkchop” median be placed in the site’s access drive onto Airport Road. Northbound traffic on Airport Road would need to turn onto Critz Drive to reach the site, and traffic exiting the station with destinations north would need to turn on Critz Drive. This recommendation is included in the Community Design Commission’s recommended resolution of approval, Resolution C, attached.

The applicant has provided a drawing of a porkchop island, designed to prevent left turns into and out of the Airport Road entrance. Please refer to the attached letter and sketch provided by the applicant.

We believe that a regular access point on Airport Road would not present motorists with an unusual type or number of conflicting turning movements.

We have two reservations about the installation of a porkchop island. First, we believe it would not significantly discourage drivers from making left turn movements into and out of the site. Past experience at the Texaco station at the intersection of East Franklin Street and Estes Drive and other locations indicate that porkchop islands on 5-lane roads are of limited use. Given several lanes of pavement, drivers can create a wide enough turning radius to negotiate the “wrong way” through the entrance.

Secondly, the drivers who are successfully discouraged from making the left turns at the Airport Road entrance would need to use the Critz Drive entrance. Thus, a porkchop island at Airport Road would increase traffic on Critz Drive at a location close to the neighborhood and close to the Airport Road intersection, which we believe would be undesirable. For nuisance and safety reasons, we do not recommend a “porkchop” median.

9. A Council member had concerns about lighting, particularly as it might affect nearby residents. He asked if light spillover could be minimized.

Staff Comment: We note that a standard stipulation, calling for approval of a lighting plan by the Community Design Commission, is included in Resolutions A, B, and C. The applicant notes that the Community Design Commission has already reviewed the lighting plan once, and has called for a stringent set of standards for lighting the site and reducing glare in the public right-of-way and on adjacent properties. Please refer to the attached letter from the applicant, which includes discussion of standards for pole height, “cut off” fixtures, and light intensity. In addition, the Council could attach additional language in a resolution of approval.

10. A Council member had questions about the proposed canopy height.

Staff Comment: A stipulation in Resolutions A, B, and C calls for a canopy height minimum of 14 feet, 6 inches. Resolution A calls for a height maximum of 14 feet, 6 inches. The minimum dimension was agreed upon by the Public Works Department for dumpster trucks and the Fire Department for emergency access. The maximum was specified by the Community Design Commission, which had aesthetic concerns. We continue to recommend that the canopy height be at 14 feet, 6 inches.

11. A Council member asked the applicant if there were any local examples of the building type proposed for this site.

Staff Comment: The applicant indicates that this building was custom designed for this location and that there are no similar buildings to cite for comparison purposes. Please refer to the attached letter from the applicant.

12. A Council member asked why Stipulation #4 was included in Resolution A, wondering if any contaminated soil had been detected on the site. She asked if any soil samples had been taken. She also asked if removal of contaminated soil would result in the land being disturbed for a prolonged period.

Staff Comment: Stipulation #4 in Resolutions A, B, and C reads as follows:

That the underground fuel tanks and any contaminated soil be removed and disposed of in accordance with state and federal regulations prior to issuance of a Certificate of Occupancy.

This has become a standard condition for all sample resolutions of approval for service station sites. We have no reason to believe this site has been contaminated with leaking fuel. The attached letter from the applicant states that he has no reason to believe the tanks have leaked or that there is any contaminated soil. No soil samples have yet been taken. The applicant states that if contamination is discovered, federal and state cleanup regulations will be followed. If contamination remediation is needed, the length of time the site would need to be disturbed would depend on the type and extent of contamination.

13. A Council member asked if the staff had discussed bioretention with the applicant as an approach to water quality protection.

Staff Comment: The applicant is aware of the bioretention approach and in the attached letter proposes a similar method for protecting water quality. Please refer to the attached letter from the applicant.