AGENDA #3

 MEMORANDUM

TO:                  Mayor and Town Council

                       

FROM:            Sonna M. Loewenthal, Assistant Town Manager

SUBJECT:       Public Hearing:  YMCA  - Application for Special Use Permit Modification 

(File No. 29 – 11)

DATE:             March 20, 2000

                       

INTRODUCTION

An application has been filed by the Chapel Hill-Carrboro YMCA, seeking approval of a Special Use Permit Modification to allow construction of 27,899 square feet of additional floor area at the Airport Road facility. The expansion would include an expanded gym and indoor track, a new swimming pool, a new youth center, and new playing fields.  Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of this application, and further to receive evidence which the Council may consider as it determines any appropriate conditions to impose upon the proposed development, if approved.

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 Development 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 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 tonight we submit our report and preliminary recommendation to the Council.

The standard for review and approval of a Special Use Permit Modification application is essentially the same as for a Special Use Permit application, and 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 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.

 

CONTIGUOUS PROPERTY

One of the findings that the Council must make when considering a Special Use Permit or Special Use Permit Modification application is:

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.

The Development Ordinance defines contiguous property as follows:

Contiguous Property:  Property adjoining, neighboring, and nearby the other boundary of a proposed development.  For development proposals that are small in scale and similar in proposed use to existing uses in the immediate vicinity, contiguous property shall be construed to be those properties immediately adjacent.  For large development proposals and/or proposed uses that are significantly different from existing uses nearby, or proposals that have significant topographic features that could impact nearby properties, contiguous property shall be construed to include those properties in a larger area, and those likely to experience negative impacts resulting from the proposed development.  But in every case, for a proposal over 10 acres but less than 100 acres, at a minimum all property within 500 feet shall be considered contiguous; for development proposals that are over 100 acres, at a minimum all properties within 1,000 feet shall be considered contiguous.

The Town Attorney has advised that the Council should specify what area it considers to be contiguous property for each Special Use Permit application that comes before the Council for consideration.  Therefore, based on the Town Attorney’s advice to the Council, we suggest that prior to recessing of the hearing this evening, the Council discuss and determine by vote what should be considered to be contiguous property for this application.  The attached Resolution F provides a format for determining the contiguous property definition for this particular development application.

BACKGROUND

                                                                                                                                                       

Non-profit recreation facilities are permitted uses in the Office/Institutional-2 zoning district.  This development proposal involves a floor area increase and land disturbance which requires a Special Use Permit Modification, with action to be taken by the Town Council.  The Planning Board, Transportation Board, and Bicycle and Pedestrian Advisory Board are asked to make recommendations to the Town Council.

 

DESCRIPTION OF THE APPLICATION

The 7.19-acre property is located on the east side of Airport Road, south of Estes Drive, in the Office/Institutional-2 (OI-2) zoning district. 

Existing Conditions:   The site was developed as a non-profit recreation facility under a Special Use Permit approved by the Town Council in 1975.  The property is gently sloping.  Areas along the northern and eastern property lines are vegetated.  Behind the building is a drainage swale which carries stormwater runoff southward.  To the east are residential lots.  To the north is the Amity Church.  To the south is an office building.  Airport Road forms the western boundary.

Development Description:   The developer proposes to construct 27,899 square feet of additional floor area to the existing YMCA on the east side of Airport Road, 500 feet south of Estes Drive. The proposal includes a building addition for an expanded gymnasium, track, and new pool, as well as a new building for a youth center.  A new skateboard area, several playing fields and courts, a children’s playground area, and 90 new parking spaces would be added outdoors. 

EVALUATION OF THE APPLICATION

We have evaluated the application regarding its compliance with the standards and regulations of the Development Ordinance.  We have prepared a Planning Staff Report that discusses intensity standards, access and circulation, parking, traffic impact, building elevations, buffers and landscaping, stormwater management, refuse management, utilities, fire safety, and erosion control (and is included as an attachment to this memorandum).  A checklist describing compliance with regulations is also provided as an attachment to this memorandum.

Based on our evaluation, we have concluded that the application as submitted complies with the regulations and standards of the Development Ordinance. 

A key issue that has emerged in discussion of this application is the need for a second point of access to the UMCA, off of Estes Drive (across land currently owned by a church).  The YMCA’s single point of access on Airport Road currently causes back-ups at peak times, making ingress and egress difficult.  Increased use accompanying an expanded facility would exacerbate this problem.

We note that a second means of access for this site is not required by the Development Ordinance, but falls under the Council’s consideration on the “health, safety, and general welfare” finding listed below.  We believed that the second access should accompany any additional facilities on the site, and has recommended this as a condition of approval in Resolution A.

The Planning Board and Transportation Board have recommended that the proposed gymnasium be permitted to be constructed without adding a second access, and that the second access be required as part of a second phase of development on the site. Resolution B contains this language.

Tonight the Council receives our attached evaluation, and also receives information submitted by the applicant and others.  The applicant’s materials are included as attachments to this memorandum.  We have not received any other written information from any other citizens as yet.  Staff, applicant, and others may provide information at the Public Hearing.  All information submitted will be placed into the record of this Public Hearing.

Based on the evidence that is accumulated, 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:

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 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.

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;

Finding #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.

Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of, and in opposition to this application.  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 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.

SUMMARY OF COMMENTS

We have attached a resolution that includes standard conditions of approval.  There are also special conditions that we recommend including in the resolution.  The key special conditions that we recommend are summarized here and described in detail in the accompanying staff report.  With the conditions below, we believe that the Council could make the findings regarding health, safety and general welfare, property values, and consistency with the Comprehensive Plan:

·        That this approval would supersede the 1975 Special Use Permit approval.

·        That a second means of access be provided to the development.    

·        That a left turn lane be added to the Airport Road driveway.

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 Modification application.

1.      Applicant receives copy of 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:

·                    North Carolina Department of Transportation,

·                    Orange Water and Sewer Authority,

·                    Duke Power Company,

·                    Public Service Company,

·                    Time Warner Cable,

·                    BellSouth, and

·                    Orange County Erosion Control Officer.

3.      Community Design Commission reviews and approves building elevations and site lighting plans.

4.      Access easement and right-of-way dedication plat(s) approved by Town staff, and is recorded at the Orange County Register of Deeds Office.

5.      Upon applicant’s 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.

6.      Engineering Department issues an Engineering Construction Permit, authorizing work within the public right-of-way.

7.      Inspections Department issues Building Permits and Certificates of Occupancy.

RECOMMENDATIONS

Advisory board recommendations are summarized below:

Planning Board’s Recommendation:  The Planning Board met on February 1, 2000 to review this application and voted 7-0 to recommend approval with conditions.  The Planning Board strongly supported a second means of access, and recommended that the second access be coordinated with a phasing plan for construction of the new building additions such that the second access would be completed at the time of construction of the second phase.  This recommendation is reflected in Resolution B.  Please see the attached Summary of Planning Board Action. 

Transportation Board’s Recommendation:  The Transportation Board met on March 7, 2000 and voted 7-0 to recommend approval with conditions.  The Transportation Board recommends that the second point of access be completed at the time of construction of the second phase.  Please see the attached Summary of Transportation Board action.

This recommendation is reflected in Resolution B.

Bicycle and Pedestrian Advisory Board’s Recommendation:  The Bicycle and Pedestrian Advisory Board met on March 14, 2000 to review the application and voted 6-0 to recommend approval with conditions, including the following:

1.      Provide secured, covered, illuminated bicycle parking to accommodate approximately 16 bicycles using wave-type racks.

2.      Use contrasting paving surface along with painted lines at all internal pedestrian crosswalks.

3.      Use contrasting paving at Airport Road entrance along with painted lines.

4.      Place warning signs at entrances/exits.

Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action. 

Community Design Commission’s Recommendation:  The Community Design Commission met on February 2, 2000 to review the application and voted 7-0 to recommend approval with conditions.  The Commission recommended providing flexibility as to the paving surface for the internal drive and parking lot behind the building, and recommended shifting the traffic turnaround to the west.  Please see the attached Summary of Community Design Commission Action.

This recommendation is reflected in Resolution D.

Manager’s Preliminary Recommendation:  Based on our evaluation of the application, we conclude that the application complies with standards and regulations of the Development 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 four required findings for the approval of a Special Use Permit, we recommend that the application be approved with the adoption of Resolution A.  We note that Resolution A requires a second means of access with the first phase of development

Resolution E would deny the application.

Resolution F would determine the definition of contiguous property for this application.

DIFFERENCES AMONG RESOLUTIONS

ISSUE

RESOLUTION   

A

Manager’s Preliminary Recommendation

RESOLUTION

B

Planning Board And Transportation Board Recommendations

RESOLUTION

C

Bicycle and Pedestrian Board Recommendation

RESOLUTION

D

Community Design Commission Recommendation

Second vehicular access with Initial Phase

Yes

No; with Second Phase

*

*

Choice of pave-ment for rear portion of site

No

*

*

Yes

Deletion of 2 parking spaces, shift of traffic circle

No

*

*

Yes

Bike racks re-quired

Yes (number to be determined)

*

*

Yes (for 16 bikes)

Require contrast-ing pavement

No

*

*

Yes

Require warning signs

No

*

*

Yes

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

ATTACHMENTS

            Planning Staff Report (p. 9).

            Checklist of Project Fact Sheet Requirements (p.16).

            Resolution A (p.17).

            Resolution B (p. 23).

            Resolution C (p. 24).

            Resolution D (p .25).

            Resolution E (p. 26).

            Resolution F - Defining Contiguous Property (p. 27).

            Summary of Planning Board Action (p. 28).

            Summary of Transportation Board Action (p. 29).

            Summary of Bicycle and Pedestrian Advisory Board Action (p. 30).

            Summary of Community Design Commission Action (p. 31).

            Statement from town Manager regarding relationship with YMCA (p. 31).

Applicant’s Statement of Justification (p. 33).

            Summary Pages of Traffic Impact Analysis (p. 36).

            Project Fact Sheet (p. 38).

            Summary Map (p. 41).

Reduced Plans (p. 42).

 

           


Planning Staff Report

SUBJECT:       Public Hearing:  YMCA  – Application for Special Use Permit Modification 

(File No. 29-11)

DATE:             March 20, 2000

INTRODUCTION

We have received an application for a Special Use Permit Modification for construction of 27,899 square feet of additional floor area, including an expanded gymnasium, track, and new pool, as well as a new building for a youth center.  A new skateboard area, several playing fields and courts, a children’s playground area, and 90 parking spaces would be added outdoors.  The 7.19-acre property is located in the Office/Institutional - 2 (OI-2) zoning district.

BACKGROUND

July 28, 1975               Town Council approved a Special Use Permit for the YMCA Recreation complex. 

1975-76                                             A building of 27,953 square feet of floor area was built.  

June 20, 1990              Town Staff approved a Zoning Compliance Permit for construction of an outdoor ball court and a future bus shelter.

May 30, 1991              Town Staff approved a Zoning Compliance Permit for construction of a revised outdoor basketball court.

August 6, 1997             Town Staff approved a Zoning Compliance Permit for construction of a bench/stage area at the playground.

January 3, 2000            Town Staff approved a Zoning Compliance Permit for installation of a 750 square foot temporary youth center.

EVALUATION

The Town staff has reviewed this application for comparison with the standards of the Development Ordinance and the Design Manual and offers the following evaluation.

Existing Conditions:   The relatively flat site is on the east side of Airport Road, about 500 feet south of Estes Drive.  The 7.19-acre site is roughly a 320’ by 1,040’ rectangle, with a notch cut out of the southwestern corner.  The lot abutting the notch in the southwestern corner encompasses the Cornerstone Realty building.   The western boundary of the YMCA site abuts Airport Road and includes the single vehicular access point.  To the south and east are residential properties.  To the north are Amity Church and the Rape Crisis Center. 

The YMCA building, currently enclosing 27,953 square feet of floor area, is slightly west of the center of the site.  Most of the 67 parking spaces are on the west side of the building, separated from Airport Road by a vegetated area about 120 feet wide.  Between the building and the southern property line are a graveyard, a small playground, and a small area of 15% slopes.  A gravel drive extends from the front parking lot, around the north side of the building, and into the rear half of the property, which includes a cleared play field, basketball court, and picnic shelter. A low drainage area, draining to the south, is located behind (on the east side of) the building.

Development Description:  The applicant proposes 27,899 square feet of additional floor area.  An expanded gymnasium and track would be added on the north side of the building; a new pool would be added to the south side.  A new youth center building would be constructed about 100 feet to the east of the existing building.  A new skateboard area, several playing fields and courts, a children’s playground area, and 90 new parking spaces would be added outdoors.

Intensity Standards:  The applicant proposes to add 27,899 square feet of floor area to the 27,953 square feet of floor area currently on the site, for a total of 55,862 square feet of floor area.  The applicant’s Fact Sheet indicates that the proposal would meet all land use intensity standards.                        

The applicant states that about 40% of the site would be covered in impervious surface.

Access and Circulation:  Vehicular access would remain as a two-way drive off Airport Road.  The parking lot would be redesigned to accommodate 86 spaces in front of the building.  A dropoff area would be provided at the building entrance.  The drive along the north side of the building would be paved and would extend to a curvilinear parking area of 38 spaces.  A bus turnaround would be provided in the northeast corner of the lot, and 33 additional parking spaces would be constructed along the eastern property line. 

We note that the Airport Drive access point is heavily used in the PM peak hour (please refer to the summary of the applicant’s Traffic Impact Analysis).  There have been 2-3 accidents per year reported at this location, attributable to left-turn movements at this driveway. 

Early in the review of this project, Town staff recommended the provision of a second access point for the proposed facility expansion.  The applicant is showing a potential 40-foot vehicular access easement from the northeast property corner north across the Amity Church property to Estes Drive.  The driveway onto Estes Drive would be about 1,040 feet east of the Airport Road/Estes Drive intersection.  We believe this would be a good location for a second access point. However, the applicant has not yet been able to confirm that an access easement can be obtained from Amity Church, nor that a driveway along this route would be feasible. The applicant is exploring other access options as well.  We believe that the current access to the site is difficult, and that authorizing a doubling of the intensity on the site should only occur if accompanied by provision of another access point.  We recommend approval of this application only if a second point of access can be provided for this site.  We also recommended, and the applicant agreed to, the provision of a left-hand turn lane at the parking lot exit onto Airport Road.

We have included the above recommendations in Resolution A.

We note that a bus stop exists on Airport Road, a few yards south of the YMCA driveway.

A concrete sidewalk exists along the Airport Road frontage.  Additional pedestrian walkways would be provided in the following locations:

·        sidewalks from Airport Road through the parking lot to the building;

·        sidewalk along the western and northern sides of the building; and

·        sidewalk along the south side of the parking areas near the northern property line.

We believe these sidewalk locations are adequate to facilitate good pedestrian access to and through the site.  Along with our recommendation for a second vehicular access point, we recommend that sidewalk be installed along one side of the new second driveway.  We recommend that the plans clearly indicate the accommodation of handicap access.  We recommend provision of covered bike racks as well.  These stipulations have been included in Resolution A.

Parking:  The YMCA is currently operating with 67 parking spaces.  The Development Ordinance does not specify minimum parking requirements at a non-profit recreation center.  In the case of a use not listed in the Development Ordinance’s minimum parking requirement chart, the minimum parking requirement shall be made by the Town Manager.  In making such determinations, the Town Manager shall be guided by the requirements for similar uses, the number and kind of vehicles likely to be attracted to the use, and the studies of minimum parking space requirements for such use in other jurisdictions.

The applicant proposes an additional 90 parking spaces, for total of 157 parking spaces.  The applicant states that much of the expansion will be devoted to youth activities which will generate more drop-off traffic than parking needs.   We believe that the applicant’s proposal to provide 157 spaces is reasonable.  The additional parking and anticipated drop-off traffic also strengthen the case for a second point of access.                                             

Traffic Impact:  The analysis describes build and no-build conditions at the signalized Airport Road/Estes Drive intersection for year 2000.  The analysis indicates that in 1998, the intersection functioned at Level of Service D at the AM peak hour and Level of Service E at the PM peak hour.  The analysis predicted that the AM peak hour Level of Service would remain at Level of Service D for year 2000 whether or not the YMCA was expanded.  The analysis also predicted that the PM peak hour Level of Service would drop to F whether or not the YMCA were expanded.  The analysis estimated that the YMCA traffic would contribute about 1.08 percent of the intersection traffic at the PM peak hour.  We believe the applicant’s Traffic Impact Analysis is acceptable and its conclusions are reasonable. 

The analysis also addresses the unsignalized intersection of the YMCA driveway and Airport Road. The analysis indicates that during the PM peak hour, currently there are left-turn queues in the Airport Road middle turn lane, and that the queues will lengthen with the YMCA addition.  We are recommending that the applicant provide a second point of access to relieve the congestion at the existing access point on Airport Road and provide a designated left turn lane at the existing parking lot exit onto Airport Road.  Please see the above section on Access and Circulation.

 

We have also included a stipulation in Resolution A that a Transportation Management Plan be developed by the applicant and approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that the plan be updated and approved on an annual basis.  A Transportation Management Plan is a plan for minimizing single-occupancy vehicle travel to a particular development.  The plan also sets forth employee incentives for the use of alternative transportation, such as transit and ridesharing.

The above recommendations have been included in Resolution A.

Building Elevations:  We recommend that the detailed building elevations and lighting plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.

Buffers and Landscaping:  The Development Ordinance requires the following landscape buffers:

·        Type “B“ landscape buffer (10 feet minimum width) along the northern property line;

·        Type “C“ landscape buffer (20 feet minimum width) along the eastern and southern property lines;

·        Type “D“ landscape buffer (30 feet minimum width) along the Airport Road frontage; and

·        Type “B“ landscape buffer (10 feet minimum width) along the property line shared with Cornerstone Realty.

The applicant proposes the following:

·        Type “B“ landscape buffer (7-12  feet wide) along the northern property line;

·        Type “C“ landscape buffer (15-20 feet wide) along the eastern property line;

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

·        Type “D“ landscape buffer (30-60 feet wide) along the Airport Road frontage.

We recommend that the plans clearly indicate the size and type of all proposed landscape buffers and show where alternative buffers are being proposed.  We believe that due to the presence of utility easements and/or driveway placement, alternative buffers or site plan revisions may be required along the northern and eastern property lines.  We recommend that the applicant clarify the correct location of the 60-foot Duke Power Company easement in the vicinity of the eastern property line so that the landscape buffer location can be evaluated.  The Development Ordinance requires that the landscape buffers be located outside of utility easements. 

We note that the Cornerstone Realty development was required to retain vegetation and/or plant a 10-wide Type B landscape buffer along the shared property lines.

We recommend that a shading diagram, demonstrating that at least 35% of the pavement will be shaded, be submitted for approval prior to issuance of Zoning Compliance Permit.   We recommend that some existing trees be retained around the proposed youth center and playground.  If trees cannot be retained in this area, we recommend the installation of new tree plantings to provide shade for the playground.

Regarding landscape protection, we recommend that tree protection fencing be clearly shown on the final plans as a continuous line adjacent to construction, and that it be shown on all plan sheets.  We recommend that all existing trees greater than 12” diameter be shown between the existing parking lot and Airport Road, as well as the large pine near the interim youth center.  We also recommend that the owner retain the group of large pines near the proposed pool addition.  We note that this would necessitate a change in the proposed drainage plan.

We recommend that a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

These stipulations have been included in Resolution A.

Stormwater Management:  Under this development proposal, stormwater would be piped from the front parking lot and building to a detention point near the southeast corner of the building.  The water would be released at a controlled rate onto property to the south.

With the review of final plans, we will receive stormwater calculations and a more detailed stormwater management plan.  The final plans will need to show pertinent off-site drainage features.  We note that it may be necessary to detain stormwater in the easternmost parking lot.  We recommend that the owner include a bio-retention basin in this location.

We recommend that a detailed stormwater management plan be submitted to the Town Manager for review and approval prior to issuance of a Zoning Compliance Permit.  We have included these stipulations in Resolution A.

Solid Waste Management:  A service area is proposed in the northwest corner of the westernmost parking lot.  We believe that this area may need to be expanded to accommodate a dumpster for cardboard recycling and nine rollout carts for other recyclables. We also believe that the dumpster enclosure will need to be adjusted to accommodate the Town’s collection vehicles.  We recommend that a Solid Waste Management Plan be developed for review and approval by the Town Manager prior to issuance of a Zoning Compliance Permit. 

We also recommend that the entire collection vehicle route, from the public street to the refuse/recycling containers, be paved with all-weather heavy-duty pavement; or that a note be included on the plans, indicating that the Town will not be held responsible for any pavement damage that may result from service vehicles. 

We have included these stipulations in Resolution A.

Utilities:   Utility providers have indicated that they can serve the site.  We recommend that the final detailed utility/lighting plans be reviewed and 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.

We note that the proposal shows a water line under the area where dumpster trucks will be emptying dumpsters.  We believe the heavy vibrations of the truck may damage the water line.  We recommend that the water line or the dumpster area be relocated so that they no longer overlap. 

OWASA has indicated that, contrary to Stipulation #4 in the 1975 Special Use Permit, the swimming pool must not drain to the sanitary sewer.  We have included a stipulation to this effect in Resolution A.

OWASA also notes that the YMCA sanitary sewer is served by a private lift station, and that the YMCA will be responsible for maintenance and repair of the lift station and force main.

The plans show three-phase electric lines overlap the northern property line and the associated landscape buffer.  We recommend that any easement be shown on the final plans.  In addition, we recommend that the lines or the landscape buffer be relocated so that they no longer overlap.

We recommend that the location of the 60-foot Duke Power Company easement along the eastern property line be verified, and that the landscape buffer be located outside the easement.  Any utility lines that are not three-phase must be located underground.  We note that on occasion, the utility companies will authorize a landscape easement above a buried line.

Fire Safety:   We have included our standard stipulation 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.  In addition, we note that a fire suppression sprinkler system will need to be installed in the building.  We recommend that the fire department connection(s) be located on the west side of the building.  The fire hydrant(s) will need to be located within 50 feet of the fire department connections.  The above recommendations have been included as stipulations in Resolution A.

Erosion Control:  We recommend that the approval include a stipulation calling for the plans to be reviewed for approval by the Orange County Erosion Control Officer prior to issuance of a Zoning Compliance Permit.  We have included this stipulation in Resolution A.

Special Use Permit Findings:  For approval of a Special Use Permit or Special Use Permit Modification, the Council must make the following findings, as set forth in Section 18.2 of the Development Ordinance:

(a)                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.

(b)               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.

(c)                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;

(d)               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.

These items are discussed in the cover memorandum.

CONCLUSION

We believe that the proposal, with conditions in Resolution A, meets the requirements of the Development Ordinance, and that the proposal fulfills the purposes of the Comprehensive Plan.

Resolutions A, B, C and D would approve the application with conditions.

Resolution E would deny the application.


PROJECT FACT SHEET REQUIREMENTS

Check List of Regulations and Standards

Special Use Permit Modification Application

 

STAFF

EVALUATION

YMCA

COMPLIANCE

NONCOMPLIANCE

Use Permitted

ü

 

Minimum Gross Land Area

ü

 

Minimum Lot Width

ü

 

Maximum Floor Area

ü

 

Minimum Outdoor Space

ü

 

Minimum Livability Space

ü

 

Minimum Recreation Space

N/A

 

Impervious Surface Limits

ü

 

Minimum # Parking Spaces

ü

 

Minimum # Loading Spaces

ü

 

Minimum # Handicapped Spaces

ü

 

Maximum # Dwelling Units

N/A

 

Minimum Street Setback

ü

 

Minimum Interior Setback

ü

 

Minimum Solar Setback

ü

 

Maximum Height Limit

ü

 

Minimum Landscape Bufferyards

If alternative buffers are approved

 

Public Water and Sewer

ü

 

N/A = Not Applicable                                                                      Prepared: February 1, 2000

RESOLUTION  A

(Manager’s Preliminary Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE YMCA RECREATION CENTER (SUP 29..11)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by the Chapel Hill-Carrboro YMCA, on property identified as Chapel Hill Township Tax Map 29, Lot 11, if developed according to the plans dated December 1, 1999, and the 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 that these findings are conditioned on the following:

                                                Stipulations Specific to the Development

1.                  Relationship to the 1975 Special Use Permit:  That this permit supersedes the 1975 Special Use Permit for this development.

2.                  Second Vehicular Access:  That a second point of vehicular access be provided, with the design and location to be approved by the Town Manager, by grantors of any necessary easements, and by NCDOT, if applicable.

3.                  That construction begin by ________________ (two years from the date of Council approval) and be completed by ____________ (five years from the date of Council approval).

4.                  Land Use Intensity:  This Special Use Permit authorizes the following:

·        Two buildings, with 55,862 square feet of floor area, for a health and recreation facility; and

·        A parking lot of at least 157 spaces.

5.         Vehicular Access Improvement: That a left turn lane be added to the Airport Road driveway.

6.         Sidewalks:  That pedestrian walkways be provided in the following locations:

·        sidewalks from Airport Road through the parking lot to the building;

·        sidewalk along the western and northern sides of the building;

·        sidewalk along the south side of the parking areas near the northern property line; and

·        sidewalk along one side of the new second driveway. 

            The sidewalks shall be handicap accessible.

7.         Bike Racks:  That covered bike racks be provided on site, with the number and location to be approved by the Town Manager.

8.         Parking:

a.        Heavy Duty Pavement:  That heavy duty pavement be installed under the entire refuse service vehicle access route and under the dumpster pad, with pavement specifications, the location, and configuration to be approved by the Town Manager.  Alternatively, the applicant must add a note to the plans indicating the Town will not be held responsible for pavement damage due to public refuse/recycling collection vehicles.

b.       Parking Area Screening:  That all parking areas be screened from public road view, and that screening plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

c.        Parking Lot Design and Construction:  That all parking lots shall be designed and constructed to meet Town standards unless an alternate design is approved by the Town Manager.

d.       Parking Lot Layout:  That the parking lot be redesigned if necessary to accommodate full width landscape buffers, unless alternative landscape buffers are approved by the Community Design Commission.

9.         Swimming Pool Drainage:  That the drainage from the swimming pool not be routed to the sanitary sewer system.  The drainage plans must be reviewed and approved by the Town Manager.

10.       Maintenance/Repair of Private Sewer Facilities:  That the owner shall be responsible for maintenance and repair of the private lift station and force main.

11.       Relocation of Water Line or Dumpster Area:  That the water line or the dumpster area be relocated so that they no longer overlap. 

12.       Utility Easements as Related to Landscape Buffers:  That all utility easement locations be verified and shown on the plans.  No landscape buffers shall overlap the utility easements, unless the utility lines are buried and landscape easements can be obtained from the appropriate utility companies.

13.       Dedication of Sight Triangle Easements:  That sight triangle easements, as required by NCDOT or the Town, be dedicated prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

14.       Landscape Protection Plan: 

A.  That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  This plan shall include areas of vegetation to be preserved; the anticipated clearing limit lines; proposed grading; proposed utility lines a detail of protective fencing; and construction parking and materials storage/staging areas.  The plan shall show the use of tree protection fencing, unless alternate protection measures are approved by the Town Manager, between construction and existing vegetation.

B.     That the following existing trees be located on the plans:

·        In the area between the front parking lot and Airport Road, all trees over 12 inches in diameter; and

·        The large pine near the interim youth center.

C.  That the group of large pines near the proposed pool addition be retained, and the drainage lines be relocated to preserve the pines’ root zones.

15.       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.  Detailed final plans shall include:

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

·        Demonstration of compliance with the Entranceways Master Landscape Plan.

·        Retention and/or provision of trees in/around the playground for shade.

C.  The following landscape buffers:

·        Type “B“ landscape buffer (10 feet minimum width) along the northern property line;

·        Type “C“ landscape buffer (20 feet minimum width) along the eastern and southern property lines;

·        Type “D“ landscape buffer (30 feet minimum width) along the Airport Road frontage; and

Alternative landscape buffers may be substituted along the northern and eastern property lines if they are approved by the Community Design Commission and Town Manager.

Stipulations Related to Building Elevations

16.       Building Elevations/Site Lighting:  That the detailed building elevations 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

17.       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.

18.       Placement of Utility Lines Underground:  That the final plans indicate that all utility lines, other than three-phase power lines, shall be placed underground, where possible (e.g., along the eastern property line).

19.       Fire Flow: 

A.     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.

B.     That a fire suppression sprinkler system shall be installed in the building. 

C.     That the fire department connection(s) shall be located on the west side of the building.  The fire hydrant(s) shall be located within 50 feet of the fire department connections

Miscellaneous Stipulations

20.       Stormwater Management Plan: 

A.  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.

B.        Design and construction of any stormwater management facility shall be approved by the Town Manager. 

C.        That the applicant show pertinent off-site drainage features. 

D.        If stormwater detention is required in the easternmost parking lot, that the owner shall install bio-retention pond(s) in this location.

21.    Transportation Management Plan:  That a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  This plan shall be updated and approved annually by the Town Manager.  The required components of the Transportation Management Plan shall include:

22.       Solid Waste Management Plan:  That a detailed solid waste management plan, including a recycling plan and a plan for managing construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.  Provision shall be made for an additional dumpster (for cardboard recycling) and for at least 9 rollout carts for recyclable materials, subject to Town Manager approval.    

23.   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.

24.       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.

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

26.       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 telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.  The construction sign shall be non-illuminated, and may have a maximum of 32 square feet of display area, with a maximum height of 8 feet.

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

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit Modification application for the YMCA Recreation Center.

This the _________ day of _______________, 2000.


RESOLUTION  B

(Planning Board Recommendation

and Transportation Board Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE YMCA RECREATION CENTER (SUP 29..11)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by the Chapel Hill-Carrboro YMCA, on property identified as Chapel Hill Township Tax Map 29, Lot 11, if developed according to the plans dated December 1, 1999, and the 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

5.                  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 that the Town Council hereby approves the application for a Special Use Permit Modification for the Chapel Hill-Carrboro YMCA in accordance with the plans listed above and the conditions listed below:

1.                  Resolution A:  That all of the stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.

2.                  That the YMCA to construct the new gym facility only as Phase I without requiring second means of egress.  The remainder of the proposed project should be considered Phase II and require the access to Estes Drive.

3.                  That final plans address requirements of the Americans with Disabilities Act.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit Modification for the Chapel Hill-Carrboro YMCA. 

This the _________ day of _______________, 2000.


RESOLUTION  C

(Bicycle and Pedestrian Advisory Board Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE YMCA RECREATION CENTER (SUP 29..11)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by the Chapel Hill-Carrboro YMCA, on property identified as Chapel Hill Township Tax Map 29, Lot 11, if developed according to the plans dated December 1, 1999, and the 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 that the Town Council hereby approves the application for a Special Use Permit Modification for the Chapel Hill-Carrboro YMCA in accordance with the plans listed above and the conditions listed below:

1.                  Resolution A:  That all of the stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.

2.                  That final plans for this development include the following features:

a.       Provide secured, covered, illuminated bicycle parking to accommodate approximately 16 bicycles (ie. 10% of parking provided for autos) using Wave-type racks, and distributed to at least two separate locations on site.  Installation of bicycle parking should be phased in conjunction with construction.

b.      Use contrasting paving surface along with painted lines at all internal pedestrian crosswalks.

c.       Use contrasting paving at Airport Road entrance along with painted lines.

d.      Place warning signs at entrances/exits, for example:  “

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit Modification for the Chapel Hill-Carrboro YMCA. 

This the _________ day of _______________, 2000.


RESOLUTION  D

(Community Design Commission Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE YMCA RECREATION CENTER (SUP 29..11)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by the Chapel Hill-Carrboro YMCA, on property identified as Chapel Hill Township Tax Map 29, Lot 11, if developed according to the plans dated December 1, 1999, and the 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 that the Town Council hereby approves the application for a Special Use Permit Modification for the Chapel Hill-Carrboro YMCA in accordance with the plans listed above and the conditions listed below:

1.                  Resolution A:  That all of the stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.

2.                  That the YMCA Board of Directors have the option of choosing whether the parking and drive aisles at the rear of the site should be constructed with pavement, gravel, or alternative porous material.

3.                  That two parking spaces be deleted at the rear of the site, so that the traffic circle may be shifted to the west (outside of the 30 foot Type ‘C’ buffer.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit Modification for the Chapel Hill-Carrboro YMCA. 

This the _________ day of _______________, 2000.


RESOLUTION E

(Denying the Application)

A RESOLUTION DENYING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE YMCA RECREATION CENTER (SUP 29..11)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by the Chapel Hill-Carrboro YMCA, on property identified as Chapel Hill Township Tax Map 29, Lot 11, if developed according to the plans dated December 1, 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 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 Chapel Hill-Carrboro YMCA.

This the ____ day of ____________, 2000.