AGENDA #2b

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:       Public Hearing:  Chapel Ridge – Application for Special Use Permit

DATE:             September 18, 2000

INTRODUCTION

An application seeking approval of a Special Use Permit has been filed by Ponikvar & Associates, Inc. Architects.  The application proposes to allow the construction of a multi-family residential development on a 23.6-acre site.  The site is located west of Northfield Drive and south of Brookstone Drive.  

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.

The applicant has submitted an accompanying application for a Zoning Atlas Amendment, to rezone a portion of the site from Residential-2 (R-2) and Residential-4 (R-4) to Residential-5-Conditional (R-5-C) zoning.  Please refer to the accompanying memorandum for a discussion of this application.

process

The Development Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council.  We have reviewed the application and evaluated it against Town standards; we have presented a report to the Planning Board; and tonight we submit our report and preliminary recommendation to the Council.

The standard for review and approval of a Special Use Permit application involves consideration of four findings (description of the findings follows below).  Evidence will be presented tonight.  If, after consideration of the evidence, the Council decides that it can make each of the four findings, the 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.

CONTIGUOUS PROPERTY

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

That the use of 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 outer 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 the hearing this evening the Council discuss and determine by vote what should be considered contiguous property for this application.  The attached Resolution E provides a format for determining the definition of contiguous property for this application.

Description of the Application

The 23.6-acre site is located west of Northfield Drive and south of Brookstone Drive.   The Glen Heights neighborhood is south of the proposed development site, while the University’s Horace Williams Tract and the Orange County Southern Human Services site border the western edge of the development.  The property is currently located within the Residential-2 (13.6 acres) and the Residential-4 (10.0 acres) zoning districts.  The applicant is requesting that 18.3 acres of the site be rezoned to Residential-5-Conditional zoning.

Existing Conditions:   The 23.6-acre site is located west of Northfield Drive (Better Wrench & Wilco) and south of Brookstone Drive (Brookstone Apartments).   The Glen Heights neighborhood is south of the proposed development site, while the University’s Horace Williams Tract and the Orange County Southern Human Services site border the western edge of the development.  Generally speaking, the site is approximately 400 feet west of Airport Road and 850 feet south of Homestead Road.

The site includes several significant trees, although extensive damage occurred on the site during Hurricane Fran in 1996.  The site’s topography generally slopes downward from west (526’) to east (468’), with several portions of the site including slopes greater than 10%.  Two natural drainage swales exist on the site.  Both drainage swales generally run from west to east, with one swale being located along the southern portion of the site, and the other swale being located along the northern portion of the site.  There are no streams or ponds on or adjacent to the site.  The site is not located in the Town’s Watershed Protection District. 

Description of Proposed Development:  This Special Use Permit application proposes construction of 19 buildings, including 13 residential buildings.  The residential buildings would consist of a total of 168 dwelling units, including 2, 3 and 4-bedroom units.  The proposed 168 dwelling units would have a total of 550 bedrooms, with the overall development encompassing a total of 216,929 square feet of floor area.  Proposed recreational amenities for residents of the development include a clubhouse, a tennis court, a basketball court, two volleyball courts and a swimming pool.

Access to the site would be provided from Airport Road via Northfield Drive, and from Homestead Road via Brookstone Drive.   The development is proposed to include 565 vehicular parking spaces and 130 covered and secure bicycle parking spaces. 

The southern portion of the 23.6-acre site is proposed as a 5.3-acre open space buffer between the development and the Glen Heights neighborhood.

A bus shelter would be provided along the new portion of Brookstone Drive, approximately 160 feet north of the proposed intersection of Brookstone Drive and Northfield Drive.  Sidewalks would be provided throughout the site, and would connect with the existing sidewalk networks along Brookstone Drive and Northfield Drive.

We note that a Special Use Permit would be required for this development, due to the proposed amount of floor area and land disturbance and because the site is proposed for conditional-use zoning.

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, building elevations, buffers and landscaping, refuse management, utilities, and fire safety (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, our preliminary recommendation is that the application as submitted complies with the regulations and standards of the Development Ordinance.  This evaluation is based on rezoning a portion of the site from the present Residential-2 and Residential-4 zoning districts to Residential-5-Conditional zoning.  We note that in accordance with the Town’s Development Ordinance, the existing R-2 and R-4 zoning districts would allow a maximum of 154 dwelling units on the overall site (6.5 dwelling units per acre), with a maximum floor area of 155,283 square feet.  As part of this Special Use Permit application and the accompanying application for a Zoning Atlas Amendment, the applicant is requesting approval of 168 dwelling units on the overall site (7.1 dwelling units per acre), with a maximum floor area of 216,929 square feet.

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 that is 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:

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.  If the requested rezoning application were to be denied, we believe that this Special Use Permit accordingly would need to be denied.

KEY ISSUES

Based on the review of this development application by Town Advisory Boards and the Town staff, we believe that several key issues have been identified.  These issues are further discussed as follows:

Northern Loop Road:  The applicant is proposing to manage traffic circulation through a grid-like development pattern with roads that connect and a loop around the edge of the site.  In particular, a new roadway along the western edge of the site is proposed to connect via a private road across the northern portion of the site with Brookstone Drive, completing a northern loop road that offers on-street parking. 

Manager’s Comment:  Although the circulation pattern established by the loop connection along the northern and western property lines is desirable, we believe that the proposed public streets along the eastern, southern and western borders combined with the two internal east-west drive aisles serve to provide sufficient circulation throughout the site. 

Consequently, we recommend that a portion of the northern loop road be removed from the plans:  from Building 7 around to Building 11.  We recommend the deletion of this northern loop road in the interest of (1) reducing the amount of impervious surface on this site by approximately 28,000 square feet, or approximately 2/3 of an acre, (2) removing 35 parking spaces from the proposed site plan, (3) reducing the amount of grading and increasing the quality of the buffer between this development and the Brookside Apartments development to the north, and (4) preserving several significant trees in the northwestern portion of the site.  We believe that the proposed refuse and recycling facility proposed in the northwest corner of the site can be relocated to another appropriate location on the site.

The Planning Board and Community Design Commission both recommended approval of the northern loop road and associated parking as proposed by the applicant.  Resolution A reflects the Manager’s preliminary recommendation, while Resolution B includes the Planning Board’s and Community Design Commission’s recommendation. 

Number of Parking Spaces:  The applicant is proposing to provide 168 dwelling units on this site, with a total of 550 bedrooms.  The Development Ordinance requires a minimum of 318 parking spaces for this site, based on the number of proposed dwelling units.  The applicant has proposed 565 parking spaces.

Manager’s Comment:  In this particular case, given the proposed student orientation of this development and the number of bedrooms proposed, we believe that the provision of just under 1.0 parking space per bedroom is appropriate.  With Resolution A, which includes a requirement for deletion of the northern loop road, we are recommending that the applicant be limited to a maximum of 530 spaces (.96 spaces per bedroom). 

We note that the Council has stated its expectation that parking in new developments not exceed 110% of the minimum parking spaces requirement provided in the Development Ordinance.  For this particular development, the applicant is requesting 178% of the minimum parking space requirement for the proposed number of dwelling units.  The Manager’s preliminary recommendation (which deletes the northern loop road and associated 35 parking spaces) would permit 167% of the minimum parking space requirement for this proposal.  If the Council desires to limit the applicant to 110% of the minimum parking spaces requirement, then we would suggest that the Council amend Resolution A to limit this site to a maximum of 350 parking spaces (.64 spaces per bedroom). 

Resolution A reflects the Manager’s preliminary recommendation (530 spaces), while Resolution B includes the Planning Board’s and Community Design Commission’s recommendation (565 spaces). 

Stormwater Management:  Stormwater on this site presently flows to one of two drainage areas (on the northern and southern edges of the site), which converge behind the existing Wilco/Exxon on Airport Road.  Stormwater drains between the Wilco/Exxon and Autobath sites, before traveling under Airport Road and draining into Lake Ellen.  Lake Ellen drains via Booker Creek underneath Piney Mountain Road into Eastwood Lake. 

The applicant is proposing that 8.8 acres (37.3%) of the 23.6 acre site shall be developed as impervious surface.  The applicant is proposing to provide a stormwater detention facility to meet the Town’s Design Manual provision that the post-development stormwater runoff rate not exceed the pre-development rate for the 25-year storm.  The stormwater detention basin is proposed in the northeast corner of the site, behind the existing Wilco/Exxon on Airport Road.

Manager’s Comment:  We note that this site has several areas with steep slopes and is located close to Lake Ellen.  Based on these characteristics and the amount of proposed impervious surface, we believe that special attention is needed with regard to the management of stormwater from this site.  Consequently, we recommend that the Stormwater Management Plan for the site be designed with a detention basin to control the 2-year storm and the 50-year storm, such that for each of these design-year storms, the post-development 24-hour frequency stormwater discharge rate of water leaving the site shall not exceed the pre-development discharge rate.  We also recommend that the detention basin have an emergency spillway device safely conveying stormwater exceeding the maximum design capacity.   

We also believe that it is appropriate to require the applicant to provide certification of storage capacity of the detention basins by a surveyor or professional engineer to the Town Stormwater Engineer on an annual basis, to ensure the long-term maintenance and functionality of the on-site detention basins. 

These stipulations are included in Resolutions A, B and C that would each approve this project with conditions.

Specialty and/or Pervious Pavement:  The Planning Board and Community Design Commission both recommended that the applicant be required to include paver blocks or other specialty pavement intended to reduce impervious surface in the private property parking areas, excluding drive aisles.   We note that this recommendation includes the requirement that a note  be included on the plans indicating that the Town will not be responsible for any damage to the proposed “specialty paving” that may be caused by service vehicles.

Manager’s Comment:  We believe that if engineered properly, specialty and/or pervious pavement treatments may have some immediate benefit with regard to absorption of stormwater on a site.  We believe that the long-term measurable impacts of such benefits are less certain.   Consequently, we would treat such specialty and/or pervious pavement areas as impervious surface when approving an applicant’s Stormwater Management Plan prior to the issuance of a Zoning Compliance Permit.  

This stipulation requiring specialty pavement treatment is included in Resolutions A, B and C that would each approve this project with conditions.

Summary of Comments

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

¨      That the proposed 5.3 acre open space buffer adjacent to the Glen Heights neighborhood  remain natural and undeveloped.  Allowable uses are to be limited to passive recreation and normal maintenance (i.e. removal of dead or hazardous trees), subject to the approval of the Town Manager.

¨      That the northern portion of the exterior loop road (from Building 7 around to Building 11) is not to be constructed and is to be removed from the plans.  The elimination of this portion of the exterior loop road would reduce the parking on this site from 565 spaces to 530 spaces.  In addition, this change would require the relocation of the proposed refuse/recycling center in the northwest corner of the site.

¨      That a minimum of 2 recycling facilities be provided and located throughout the site.

¨      That all streets, parking lots, drive aisles and sidewalks associated with this development must be constructed to Town standards. 

¨      That a payment-in-lieu is to be provided for the construction of two bus stops, including shelter and bench.  This payment-in-lieu may also be used for improvements to existing bus stops that may serve this site.

¨      That the entire width of the northern panhandle of the property (approximately 60 feet) must be dedicated as public right-of-way.  Although no street is to be constructed in this right-of-way as part of this development proposal, a natural surface trail shall be constructed to provide pedestrian access from the developed portion of this site to Homestead Road. 

The Manager’s recommendation incorporates input from all Town departments involved in review of the application.

SUBSEQUENT REGULATORY STEPS

Following is a brief outline describing the next steps in the development review process, should the Council approve the Special Use Permit application:

1.      Applicant accepts and records a Special Use Permit, which incorporates the terms of the Council-adopted resolution;

2.      Applicant submits detailed Final Plans and documentation, complying with Council stipulations.  Information is reviewed by Town departments and the following agencies:

¨      Orange Water and Sewer Authority,

¨      Duke Power Company,

¨      Public Service Company,

¨      Time Warner Cable, and

¨      BellSouth.

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

4.      Final Plat is reviewed and approved by Town staff.  Plat is recorded at the Orange County Register of Deeds office.

5.      Upon demonstration of compliance with remaining Council stipulations, Town staff issues a Zoning Compliance Permit authorizing site work.  Permit includes conditions specific to the development and requires pre-construction conferences with Town staff;

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

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

Recommendations

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

Planning Board Recommendation:  The Planning Board reviewed this application on September 5, 2000, and voted 7-2 to recommend that the Council approve the application with adoption of Resolution B.  Please see the attached Summary of Planning Board Action.

Resolution B includes the following recommended condition of the Planning Board:

Ø      That the northern loop road be constructed as proposed by the applicant, and that 565 parking spaces be approved as proposed on the applicant’s site plan.

Staff Comment:  We recommend that the northern loop road and associated parking be deleted. (Please see discussion above.)

The Planning Board also recommended the following conditions of approval, which are included in Resolutions A, B, and C:

·        That the application be required to include paver blocks or other specialty pavement intended to reduce impervious surface in the private property parking areas, excluding drive aisles.  In addition, a note shall be included on the plans indicating that the Town will not be responsible for any damage to the proposed “specialty paving” that may be caused by service vehicles.

·        That the applicant provide a minimum of two recycling sites, located throughout the development.

Transportation Board Recommendation:  The Transportation Board reviewed this application on August 15, 2000, and voted 4-3 to recommend that the Council approve the application with the adoption of Resolution A.  Please see the attached Summary of Transportation Board Action. 

We note that the Planning Board recommended that the developer be required to provide a payment-in-lieu for the construction of two bus stops, including shelter and bench.  We have included this stipulation in Resolution A. 

Community Design Commission Recommendation:  The Community Design Commission reviewed this application on August 16, 2000, and voted 7-2 to recommend that the Council approve the application with the adoption of Resolution B.  Please see the attached Summary of Community Design Commission Action to the Council.

Resolution B includes the following recommended condition of the Design Commission:

Ø      That the northern loop road be constructed as proposed by the applicant, and that 565 parking spaces be approved as proposed on the applicant’s site plan.

Staff Comment:  We recommend that the northern loop road and associated parking be deleted. (Please see discussion above.)

The Design Commission also recommended the following conditions of approval, which are included in Resolutions A, B, and C:

·        That pervious pavement be utilized as part of this development.

·        That the applicant be required to provide certification of storage capacity of the detention basins on an annual basis, to ensure the long-term maintenance and functionality of the on-site detention basin(s).

·        That the development be limited to a maximum of 550 residents (one per bedroom).

·        That the applicant maximize the use of bio-retention facilities and other low-impact design measures on this site.

Parks and Recreation Commission Recommendation:  The Parks and Recreation Commission reviewed this application on August 16, 2000, and voted 7-0 to recommend that the Council approve the application with the adoption of Resolution A.  Please see the attached Memorandum from the Parks and Recreation Commission to the Council.

We note that the Parks and Recreation Commission recommend the following stipulation that has been included in Resolutions A, B, and C:

·        That trail signs shall be placed at both ends of the trail in the northern panhandle that goes from the development to Homestead Road.

Bicycle and Pedestrian Advisory Board Recommendation:  The Bicycle and Pedestrian Advisory Board reviewed this application on August 8, 2000, and voted 7-2 to recommend that the Council approve the application with the adoption of Resolution C.  Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.

Resolution C includes several conditions recommended by the Bicycle and Pedestrian Advisory Board.  These conditions are listed below with staff comments.

Ø      That one or more Chapel Hill Transit bus routes be rerouted through the development.

Staff Comment:  The connection of Brookstone Drive and Northfield Drive does create the possibility of routing a Chapel Hill Transit bus route through this site.  We note that at this time however, no transit routes utilize Homestead Road.  The Town annually reviews and considers the possible addition of new routes.  As part of this process, the utility of routing service through this development will be reviewed.

Ø      That the developer be required to pay any additional costs associated with bringing bus transit through this site, and any additional costs associated with making connections to existing bicycle and pedestrian facilities adjacent to the site.

Staff Comment:  We note that the developer has agreed to make payments-in-lieu of two bus stops to serve this development.  In addition, the developer has agreed to make connections to all existing pedestrian facilities adjacent to the site by providing continuous sidewalk access to Airport Road and Homestead Road.  We note that there is no reliable means to establish what additional operational cost might be associated with a change in routing, absent a thorough review of existing and potential routes in this area.

Ø      That a crosswalk with blinking light and center refuge island be created on Airport Road at the developer’s expense, to provide access to the bus stop.

Staff Comment:  There are several multi-family residential developments along Airport Road (Brookstone, Shadowood, and Timber Hollow Apartments) that have bus stops on both sides of Airport Road.  We believe that pedestrian safety in these locations is a valid concern; however, Airport Road is maintained by the State, and North Carolina Department of Transportation approval would be required for any such improvements to the public right-of-way.  We note that the State requires that certain warrants be met to justify consideration of such improvements.  We do not believe that this location will meet such warrants as required by the North Carolina Department of Transportation.  The Council could choose however, to require a payment-in-lieu of such off-site improvements, conditioned upon approval of the improvements by the North Carolina Department of Transportation.  In the event that the North Carolina Department of Transportation declined to approve such improvements at this location, then the payment-in-lieu could be returned to the applicant.

Ø      That the developer pay a percentage of the costs associated with maintenance and/or construction of bicycle lanes and sidewalks near the development in order to improve connectivity.

Staff Comment:  We note that the applicant is proposing to provide sidewalk connections throughout the development and to Airport Road and Homestead Road.  There are no existing bicycle lanes on Northfield Drive or Brookstone Drive.  If there are additional improvements that are desired, we would encourage the Council to describe those improvements, allow the Town staff and/or applicant determine the cost of those improvements, and then the Council could consider whether or not to require such improvements as part of a Resolution of Approval for this proposal. 

Ø      That a maximum of 318 parking spaces shall be constructed on this site.

Staff Comment:  The Development Ordinance requires that the applicant provide a minimum of 318 parking spaces on this site.  As previously noted, we believe that, based on the proposed student orientation of this development and the number of bedrooms proposed, the provision of just under 1.0 parking space per bedroom is appropriate.  Considering our recommended deletion of the northern loop road and its associated parking, we recommend that the applicant be limited to a maximum of 530 spaces (.96 spaces per bedroom). 

We also note that the Council has stated its expectation that parking in new developments not exceed 110% of the minimum parking spaces requirement provided in the Development Ordinance.  If the Council desires to limit the applicant to 110% of the minimum parking spaces requirement, then we would suggest that the Council amend Resolution A to limit this site to a maximum of 350 parking spaces (.64 spaces per bedroom). 

Manager’s Preliminary Recommendation:  Based on our evaluation of the application, our preliminary conclusion is that the application complies with standards and regulations of the Development Ordinance.  We note that this evaluation is based on rezoning a portion of the site from the present Residential-2 and Residential-4 zoning districts to Residential-5-Conditional zoning. 

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 these public purpose findings for modification of the Development Ordinance regulations, and 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.

Resolution B would approve the application based on the Recommendations of the Planning Board and the Community Design Commission.

Resolution C would approved the application based on the Recommendation of the Bicycle and Pedestrian Advisory Board.

Resolution D would deny the application.

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

CHAPEL RIDGE SPECIAL USE PERMIT

DIFFERENCES AMONG RESOLUTIONS

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

Attachments

A.           Planning Staff Report  (p. 15)

B.           Checklist of Project Fact Sheet Requirements  (p. 26)

C.           Resolution A – Approving the Application  (p. 27)

D.           Resolution B – Approving the Application (p. 34)

E.            Resolution C – Approving the Application  (p. 36)

F.            Resolution D – Denying the Application  (p. 38)

G.           Resolution E – Defining Contiguous Property for this Application  (p. 39)

H.           Summary of Planning Board Action  (p. 40)

I.              Summary of Transportation Board Action (p. 41)

J.             Summary of Community Design Commission Action (p. 42)

K.          Memo from Parks and Recreation Commission (p. 43)

L.            Summary of Bicycle and Pedestrian Advisory Board Action  (p. 44)

M.         Applicant’s Statement of Justification  (p. 45)

N.          Project Fact Sheet  (p. 50)

O.          Summary Map (p. 52)

P.            Reduced Plans  (p. 53)

Q.          Letter from Mr. Paul Wilson, August 1, 2000 (p. 77)

ATTACHMENT  A

PLANNING STAFF REPORT

SUBJECT:       Public Hearing:  Chapel Ridge – Application for a Special Use Permit 

                        (File No.  24..38A & 41G; PIN # s 9789-19-7250 & 9789-19-8802)

DATE:             September 18, 2000

INTRODUCTION

We have received and reviewed an application for a Special Use Permit to permit the construction of a multi-family residential development on a 23.6-acre site.  The site is located west of Northfield Drive and south of Brookstone Drive.   The Glen Heights neighborhood is south of the proposed development site, while the University’s Horace Williams Tract and the Orange County Southern Human Services site border the western edge of the development site.

The proposed development would consist of 19 buildings, including 13 apartment buildings, with a total of 168 dwelling units (550 bedrooms).  The development is proposed to include 565 parking spaces.  Access to the site would be provided by Northfield Drive and Brookstone Drive. The southern portion of the 23.6-acre site is proposed as a 5.3-acre open space buffer between the development and the Glen Heights neighborhood.

The northern 10.0 acres of the site is located in the Residential-4 (R-4) zoning district and the southern 13.6 acres of the site is located in the Residential-2 (R-2) zoning district.  The site is identified as Chapel Hill Township Tax Map 24, Lot 38A (PIN # 9789-19-7250) and Chapel Hill Township Tax Map 24, Lot 41G (PIN# 9789-19-8802).

BACKGROUND

On March 1, 1993, a preliminary plat was approved for the Northfield subdivision.  The approved development included 26 lots on the southern 13.6 acres of this proposed site.  The subdivision was never built, and the approval subsequently expired.

EVALUATION

The Town staff has reviewed this application for compliance with the standards of the Development Ordinance and Design Manual and offers the following evaluation.  We note that this evaluation is based on rezoning a portion of the site from the present Residential-2 and Residential-4 zoning districts to Residential-5-Conditional zoning. 

Existing Conditions:   The 23.6-acre site is located west of Northfield Drive (Better Wrench & Wilco) and south of Brookstone Drive (Brookstone Apartments).   The Glen Heights neighborhood is south of the proposed development site, while the University’s Horace Williams Tract and the Orange County Southern Human Services site border the western edge of the development.  Generally speaking, the site is approximately 400 feet west of Airport Road and 850 feet south of Homestead Road.

The site includes several significant trees, although extensive damage occurred on the site during Hurricane Fran in 1996.  The site’s topography generally slopes downward from west (526’) to east (468’), with several portions of the site including slopes greater than 10%.  Two natural drainage swales exist on the site.  Both drainage swales generally run from west to east, with one swale being located along the southern portion of the site, and the other swale being located along the northern portion of the site.  There are no streams or ponds on or adjacent to the site.  The site is not located in the Town’s Watershed Protection District. 

Development Description:  This Special Use Permit application proposes construction of 19 buildings, including 13 residential buildings.  The residential buildings would consist of a total of 168 dwelling units, including 2, 3 and 4-bedroom units.  The proposed 168 dwelling units would have a total of 550 bedrooms, with the overall development encompassing a total of 216,929 square feet of floor area.  Recreational amenities for residents of the development include a clubhouse, a tennis court, a basketball court, two volleyball courts and a swimming pool.

Access to the site would be provided from Airport Road via Northfield Drive, and from Homestead Road via Brookstone Drive.   The development is proposed to include 565 vehicular parking spaces and 130 covered and secure bicycle parking spaces. 

The southern portion of the 23.6-acre site is proposed as a 5.3-acre open space buffer between the development and the Glen Heights neighborhood.  The open space buffer would provide a minimum depth of 320 feet between Northfield Drive and the southern edge of the site.

A bus shelter is provided along the new portion of Brookstone Drive, approximately 160 feet north of the proposed intersection of Brookstone Drive and Northfield Drive.  Sidewalks are provided throughout the site, and will connect with the existing sidewalk networks along Brookstone Drive and Northfield Drive.

Intensity Standards:  The proposed project would meet the Development Ordinance’s standards for floor area, outdoor space, livability space, recreation space, and number of dwelling units per acre, if the property were rezoned to Residential-5-Conditional. 

If the rezoning is denied, the development would not be in compliance with the Ordinance’s requirements for floor area and number of dwelling units per acre.

Access and Circulation:  Vehicular access to the site is proposed from two points of ingress and egress:  (1) Airport Road via Northfield Drive, and (2) Homestead Road via Brookstone Drive.  The applicant is proposing to dedicate 50-foot rights-of-way and to construct Northfield Drive and Brookstone Drive into and through the site.  Northfield Drive, which is proposed to terminate at the western property line of this site, could serve to provide a point of future access to the Horace Williams Tract. 

Additional traffic circulation is proposed through a grid-like development pattern and roads that connect and loop around the edge of the site.  We note that the applicant is proposing to dedicate the entire northern panhandle of the property (approximately 60 feet wide and approximately 850 feet in length) as right-of-way, although no street is proposed to be built.   We believe that this right-of-way could immediately be used to provide pedestrian access to Homestead Road and may be desirable for possible future vehicular access to Homestead Road from either this site or the Horace Williams Tract. 

Connecting to the northern panhandle right-of-way, and moving south to Northfield Drive, the applicant is proposing to dedicate a 50-foot right-of-way and to construct a western roadway that would intersect with Northfield Drive.  This 50-foot right-of-way is separated from the property line by a 10’ Type ‘B’ Buffer. 

We note that this new western roadway is also proposed to connect via a private road across the northern portion of the site with Brookstone Drive, completing a roadway loop around the site.  Two additional drive aisles provide east-west access across the site.  Although the circulation pattern established by the loop connection along the northern and western property lines is desirable, we believe that the proposed public streets along the eastern, southern and western borders combined with the two east-west drive aisles serve to provide sufficient circulation throughout the site. 

Consequently, we recommend that a portion of the exterior loop road be removed from the plans:  from Building 7 around to Building 11.  We recommend the deletion of this northern loop road in the interest of (1) reducing the amount of impervious surface on this site by approximately 28,000 square feet, or approximately 2/3 of an acre, (2) reducing the number of parking spaces proposed on this site, (3) reducing the amount of grading and increasing the quality of the buffer between this development and the Brookside Apartments development to the north, and (4) preserving several significant trees in the northwestern portion of the site.  Accordingly, we also recommend that the proposed refuse and recycling facility proposed for the northwest corner of the site be relocated to another appropriate location, subject to the approval of the Town Manager.  We have included these stipulations in Resolution A.

We believe that elements of the applicant’s proposed street construction do not conform with Town public street standards, especially with regard to centerline radii.   In addition, we note that the applicant is proposing drive aisle and road construction utilizing an inverted crown.  We believe that all road construction needs to be in accordance with Town public street standards.  Consequently, we have included a stipulation requiring that all streets, parking lots and drive aisles be constructed to Town standards.  Specifically, roads shall be constructed with a 27-foot back-of-curb to back-of-curb two-lane cross-section, utilizing standard crown with curb and gutter and adequately dimensioned shoulder sections, and including a 5-foot concrete sidewalk on at least one side of the street.  We have included this stipulation in Resolution A.

We note that in several locations the applicant has proposed streetside sidewalks that are located outside of the public right-of-way.  We recommend that all proposed public rights-of-way be adjusted to be include all sections of the public street, including any on-street parking, streetside sidewalks and a minimum of one additional foot beyond such sidewalks for utility purposes.  We have included this stipulation in Resolution A.

The applicant is also proposing to provide sidewalk connections along the new portions of Brookstone Drive and Northfield Drive that will connect to the existing sidewalks and provide access along at least one side of these streets to Airport Road and Homestead Road.  We have included a stipulation in Resolution A regarding these sidewalk connections, to ensure any necessary off-site sidewalk construction needed to guarantee that these connections are provided as part of this development.

The applicant’s site plan notes the construction of a paved trail along the northern panhandle of this site, to provide access for pedestrians and bicycles to Homestead Road.  We are concerned that a paved trail would significantly disrupt root zones for several of the significant trees in this narrow strip of land.  We recommend that the applicant construct a narrow natural surface trail along this northern panhandle using hand-tools, in order to provide pedestrian access from this development to Homestead Road.  We have included this stipulation in Resolution A.

Parking:  Based on the number of proposed dwelling units, the Development Ordinance requires that a minimum of 318 parking spaces be provided on this site.  The requirement is determined as follows:

The applicant is proposing to provide a total of 565 parking spaces on this site.  Based on the applicant’s target student tenants, the applicant believes that a parking ratio of 1.1 parking spaces per bedroom/resident (similar to a fraternity or sorority) is more appropriate for this site.  Since the applicant is proposing a total of 550 bedrooms on this site, the applicant consequently has requested 565 parking spaces (one per bedroom plus 15 parking spaces for the clubhouse), for a ratio of 1.03 parking spaces per resident.  We understand the applicant’s intent; and, given the proposed student orientation of this development and the proposed number of bedrooms, we believe that a goal of just under one parking space per resident may be appropriate.

We note that our recommended elimination of the exterior connector street from Building 7 around to Building 11 reduces the applicant’s proposed number of parking spaces by 35 spaces.  We believe that this reduction is acceptable, still providing a ratio of .96 parking spaces per resident.  We have included this parking space reduction in Resolution A, restricting parking to 530 parking spaces.

The applicant is also proposing 90-degree angled parking on the new public street (Brookstone Drive) in front of the Clubhouse.  We note that the Design Manual does not permit 90-degree angled parking on public streets.  Parallel parking, 45-degree angled parking, and 60-degree angled parking have historically been allowed on public streets, subject to the approval of the Town Manager.  We have included a stipulation in Resolution A, requiring the applicant to remove the 90-degree parking in front of the clubhouse and to provide an alternative form of on-street parking, subject to the approval of the Town Manager.

Bicycle Parking:  The applicant is proposing to provide wall-mounted bicycle parking locks at a rate of two per each side of each ground floor breezeway.  The breezeways are 9 feet wide.  These bicycle parking locks will be provided for each apartment building and at the clubhouse, for a total of approximately 130 bicycle parking spaces.  The applicant has also indicated the assumption that students with more expensive bicycles will store them in their rooms for additional security.  We believe that the applicant’s assumption is appropriate.  Consequently, we have included a stipulation in Resolution A, requiring the applicant to provide a minimum of 130 secured, covered and illuminated bicycle parking spaces for this site.

Traffic Impact:  The applicant has provided a Traffic Impact Analysis for this development.  The analysis concludes the following (summarized from Traffic Impact Analysis Study):

The signalized intersection of Airport Road and Homestead Road operated at Level of Service (LOS) D for existing conditions during both the AM and PM peak hours.  Under the “Future No-Build” scenario, the intersection continued to operate at the same LOS D for the morning and evening peak hours.  The “Future-Build” scenario also predicted LOS D operation for this intersection during both the AM and PM peak hours.

The two unsignalized entrances to the project were also analyzed for the “Future-Build” scenario.  The Brookstone Drive/Homestead Road entrance is projected to have very low traffic volumes and operate at a LOS A, B or C for all movements in the AM and PM.  The Northfield Drive/Airport Road entrance operates at LOS B in the future build scenario.”

The applicant’s study indicates that “even though the Airport Road entrance is projected to handle the majority of arrivals and departures, the multiple lane configuration and the signalized intersections nearby create adequate gaps in traffic sufficient to allow these movement to occur without long delays.”  Consequently, the applicant’s study concludes that “the proposed Chapel Ridge Apartments will have no adverse impacts on the flow of traffic in this area.  There are no significant decreases in Level of Service in any of the locations or scenarios analyzed.”

We believe that the applicant’s traffic impact study’s conclusions are reasonable and appropriate.

Bus Service:  Presently, the nearest bus stop to this development site is located on Airport Road, immediately east of the Brookstone Apartments.  There is no bus service available on Homestead Road at this time.  In addition, presently there are no plans to provide bus service through this site via Brookstone Drive and Northfield Drive.  We would note that as part of the Town’s the 2001-2006 Short Range Transit Plan, we will review changes to existing transit routes and the possible addition of new routes.  As part of this process, the Town will review the utility of routing bus service through this development.

The applicant is proposing to provide a bus shelter along the new portion of Brookstone Drive, approximately 160 feet north of the proposed intersection of Brookstone Drive and Northfield Drive.  We understand and appreciate the developer’s interest in bringing bus service through this site to provide easy access to the University campus.  We believe however, that it is premature at this time to select a specific location for a bus shelter on the applicant’s site.  Furthermore, we believe that because of the target student tenants for the proposed development and the close proximity of the Airport Road bus line to the University campus, an additional off-site bus stop, shelter and bench will be needed for this development.

Consequently, we recommend that the applicant provide payments-in-lieu of two bus stops, including pad, bench and shelter, to be used for improvements to serve this development.  We have included this stipulation in Resolution A.

Buffers and Landscaping:  The following landscape buffers are required by the Town’s Development Ordinance:

We note that the applicant is proposing to clear and regrade the northern and western buffers to serve as drainage swales.  We do not believe that this is acceptable or appropriate.  As noted above under “Access and Circulation”, we have included a stipulation that requires catch basins and stormwater pipes in order to reduce the amount of land disturbance in these areas.   We have included a stipulation in Resolution A, that drainage swales shall not be established in the buffers on this site.

We note that several of the proposed buffers for this site have fairly nice existing vegetation, while other buffer areas on this site have very scrappy vegetation.  Consequently, although the Town generally seeks to preserve existing vegetation, we believe that are some buffer areas on this site that would be much improved if they were graded and replanted in accordance with the Town’s landscape bufferyard requirements.  We have included a stipulation in Resolution A, requiring the applicant to preserve existing vegetation in buffer areas, unless grading and replanting are approved by the Town Manager and the Urban Forester.

Several of the proposed buffer areas have fairly steep slopes.  We recommend that all newly graded buffer landscape areas not exceed a 3:1 slope.  Also, we recommend that all canopy trees installed in graded buffer landscape areas be a minimum of 3” - 3½” caliper, and that all small trees installed in the graded buffer landscape areas have a minimum of an 8’ height.   We have included these stipulations in Resolution A.

We note that the applicant is proposing to retain a 34-inch Oak tree in the southeast corner of the site.  Accordingly, we have included a stipulation that the grading and landscape protection plans be revised to ensure that a minimum of 80% of this tree’s critical root zone remain undisturbed.

We also note that Town Design Guidelines call for 35% shading of parking lots.  We recommend that all parking lot shade trees be a minimum of 2” – 2½” in caliper when installed.  We have included this stipulation in Resolution A.

The applicant is proposing a 5.3-acre open space buffer between this development and the Glen Heights neighborhood to the south.  We note that this area experienced damage in 1996 during Hurricane Fran.  We believe that the dead wood in this area is deteriorating and enriching the soil though, while new growth is revegetating damaged portions of the area.  Recognizing the potential need in the future to permit normal maintenance activities however (i.e. removal of dead or hazardous trees), we recommend that the plans be revised to include the following note for this open space buffer:

“This 5.3 acre open space shall remain natural and undeveloped.  Allowable uses include passive recreation and normal maintenance activities (i.e. removal of dead or hazardous trees), subject to the approval of the Town Manager.  All effort shall be made to protect and preserve root zones for significant trees, and grading activities associated with the construction of Northfield Drive shall be designed to minimize disruption of root zones for significant trees.”

We note that this note would prohibit any maintenance activity in the dedicated open space buffer without approval of the Town Manager.

We also believe that retaining walls may be desirable for portions of the 10-foot Type ‘B’ Buffer on the south side of Northfield Drive.  Retaining walls, if needed, shall be provided to minimize disturbance to root zones of existing trees, subject to the approval of the Town Manager.  We have included these stipulations in Resolution A.

As previously noted in the “Access and Circulation” section, we recommend that the northern portion of the western street not be constructed (from buildings 7 to 11).  In particular, this permits the preservation of the 32” Hickory and 27” White Oak along the western edge of the site.  We recommend that the applicant revise the grading and landscaping plans for this development to ensure that a minimum of 80% of these trees’ critical root zones remain undisturbed.  We have included this stipulation in Resolution A.

Building Elevations:  We recommend that detailed building elevations and a lighting plan be approved by the Community Design Commission, prior to the issuance of a Zoning Compliance Permit.  This recommendation is included in Resolution A.

Stormwater Management:  Stormwater on this site presently flows to one of two drainage ravines (on the northern and southern edges of the site), which converge behind the existing Wilco/Exxon on Airport Road.  Stormwater drains between the Wilco/Exxon and Autobath sites, before traveling under Airport Road and draining into Lake Ellen.  Lake Ellen drains via Booker Creek underneath Piney Mountain Road into Eastwood Lake. 

The applicant is proposing that 8.8 acres (37.3%) of the 23.6 acre site shall be developed as impervious surface.  The applicant is proposing to provide a stormwater detention facility to meet the Town’s requirement that the post-development stormwater runoff rate not exceed the pre-development rate for the 25-year storm.  The stormwater detention basin is proposed in the northeast corner of the site, behind the existing Wilco/Exxon on Airport Road.

We note that this site is fairly steep and fairly close to Lake Ellen.  Based on these characteristics of the site and the amount of proposed impervious surface, we believe that special precautions are needed with regard to the management of stormwater from this site.  Consequently, we recommend the following stipulations in Resolution A with regard to this development: 

That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.   The plan shall be designed with a detention basin to control the 2-year storm and the 50-year storm, such that for each of these design-year storms, the post-development 24-hour frequency stormwater discharge rate of water leaving the site shall not exceed the pre-development discharge rate.  The detention basin shall also have an emergency spillway device safely conveying stormwater exceeding the maximum design capacity.   

We also believe that it is appropriate to require the applicant to provide certification of storage capacity of the detention basins by a surveyor or professional engineer to the Town Stormwater Engineer on an annual basis, to ensure the long-term maintenance and functionality of the on-site detention basin.  We have included these stipulations in Resolution A.

Bio-Retention:  The applicant is proposing to incorporate a demonstration bio-retention area into the site plan.  We believe that this bio-retention area is desirable and appropriate on this site.  Furthermore, we believe that additional bio-retention areas and low-impact design strategies are desirable on this site.  Thus, we have included a stipulation requiring that the proposed bio-retention design shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.  In addition, the stipulation encourages the applicant to pursue additional bio-retention areas and low impact design strategies on the site, subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit. 

Recreation Space:  Based on Residential-5-Conditional zoning, the Development Ordinance requires a minimum of 45,596 square feet of active recreation space for this multi-family residential development.  The application proposes to provide 66,047 square feet of active recreation space, including a clubhouse, tennis court, basketball court, volleyball court and a swimming pool. 

We also note that the applicant is proposing to preserve the southern 5.3 acres of the site as a passive recreation area.

We believe that the proposed recreational facilities are appropriate and acceptable.

Refuse Management:  The application proposes to provide a refuse compactor and recycling facilities in the northwest corner of the site.  Because the Town does not provide collection service for refuse compactors, this service would be provided by a private contractor.  Recycling facilities would be provided by Orange Community Recycling.  Accordingly, we have included stipulations in Resolution A requiring that (1) this development will have private refuse collection, and (2) that the applicant provide documentation indicating that a private refuse hauling contractor can service the proposed compactor and has approved the plans, prior to the issuance of a Zoning Compliance Permit.

When applicants propose to provide private refuse collection for a residential development, it is standard Town policy to identify potential alternative locations of possible future dumpster pads designed to Town standards, that would be necessary to service this development in the event that the owner requests public refuse collection service in the future.  We have included this stipulation in Resolution A.

We note that our recommended elimination of the exterior connector street from Building 7 around to Building 11 requires that the applicant relocate the proposed refuse/recycling facility in the northwest corner of the site to an alternative location(s).  We believe that this is desirable for the buffer/tree preservation reasons previously noted.  We anticipate an alternative location will be identified for the compactor and possibly the establishment of 2 or 3 recycling facilities on the site.

Consequently, based on our recommended stipulation eliminating the exterior street from Building 7 around to Building 11, we have included a stipulation in Resolution A requiring the applicant to revise the plans to provide an alternative refuse facility location, and provide a minimum of 2 smaller recycling facilities located throughout the site, subject to the approval of the Town Manager.

We have also included our standard stipulations requiring (1) that a Solid Waste Management Plan be developed for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit, and (2) that all drive aisles which provide access to the compactor, future dumpsters and recycling facilities, be constructed with heavy duty pavement.

Utilities:  We recommend that detailed utility plans be reviewed and approved by OWASA, Duke Power Company, BellSouth, Public Service Company, Time Warner Cable and the Town Manager prior to issuance of a Zoning Compliance Permit.  We have included this standard stipulation in Resolution A.

Fire Safety:  We have included our standard stipulation in Resolution A requiring that a fire flow report sealed by a professional engineer, be submitted for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit. 

We note that it is Town Policy that all structures shall be located within 500 feet of a fire hydrant.  In addition, we note that the Town seeks to maintain a 50-foot maximum distance between fire hydrants and fire department connections (which are located on the street side of buildings with internal sprinkler systems).

Erosion Control:  We recommend that an erosion control plan for the site be approved by the Orange County Erosion Control Officer, and be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit. 

Miscellaneous:  We have also included stipulations (1) requiring that no open burning associated with this development shall be permitted; and (2) encouraging the developer to conduct a “plant rescue” after the issuance of a Zoning Compliance Permit and prior to the start of construction.

Comprehensive Plan:  On May 8, 2000, the Town Council adopted a revised Comprehensive Plan.   The revised Plan identifies the northern 10.0 acres of this site as a high density residential land use (8-15 units per acre), while the southern 13.6 acres of the site are identified as a medium density residential land use (4-8 units per acre).   Consequently, this proposed development application proposes 7.1 dwelling units per acre.   We believe that the proposed number of dwelling units is consistent with the land use intensities identified in the Comprehensive Plan.

We also note that this area is also designated as a “Development Opportunity” site in the Comprehensive Plan.  The Town’s Land Use Plan and supporting strategies of the  Comprehensive Plan identify areas that are appropriate for development or redevelopment to achieve one or more Comprehensive Plan objectives, such as supporting alternative transportation (transit, walking, and biking), providing housing choice, and preserving open space.  The accompanying Special Use Permit application seeks to provide multi-family residential housing and to preserve a dedicated 5.3 acre open space area.  We believe that based on the definition of a “Development Opportunity” site, the argument could be made that this proposal is consistent with the purposes of the Comprehensive Plan.

Finally, we note that the applicant has indicated the intention of renting the proposed dwelling units to students.  In this event, the argument could be made that this development will provided needed student housing in close proximity to a major bus route, and take pressure off of existing neighborhoods near campus.  This would support the Comprehensive Plan Goal of preserving the character of existing neighborhoods.   As proposed however, we note that no stipulations are associated with the accompanying Special Use Permit application that would guarantee the proposed dwelling units are rental units and/or are only available to students.  

Special Use Permit Findings: For approval of a Special Use Permit, 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.

Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made if the Residential-5-Conditional zoning designation is approved for the northern 18.3 acres of this site.

CONCLUSION

Based on information available at this stage of the application review process, we believe that the proposal, with the conditions in Resolution A, meets the requirements of the applicable sections of the Development Ordinance and Design Manual, and that the proposal fulfills the purposes of the Comprehensive Plan.  We note that this conclusion is based on rezoning a portion of the site from the present Residential-2 and Residential-4 zoning districts to Residential-5-Conditional zoning. 

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

Resolution D would deny the application.

ATTACHMENT  B

Project Fact Sheet Requirements

Check List of Regulations and Standards

Special Use Permit Application

N/A = Not Applicable                                                                                Prepared: July 26, 2000

ATTACHMENT  C

RESOLUTION A

                                                                                             (Manager’s Preliminary Recommendation,

Transportation Board Recommendation, and

Parks and Recreation Commission Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR CHAPEL RIDGE

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Ponikvar & Associates, Inc. Architects on property identified as Chapel Hill Township Tax Map 24, Lot 38A (PIN # 9789-19-7250) and Chapel Hill Township Tax Map 24, Lot 41G (PIN # 9789-19-8802), if developed according to the site plan prepared on December 8, 1999, and revised on March 31, 2000, 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;

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 for Chapel Ridge in accordance with the plans listed above and with the conditions listed below:

                                                Stipulations Specific to the Development

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

2.                  Land Use Intensity:  This Special Use Permit authorizes construction of 19 buildings, including 13 apartment buildings, consisting of a total of 216,929 square feet of floor area, specified as follows:

            Total # of Buildings:                                          19

            Total # of Apartment Buildings:             13

            Total # of Dwelling Units:                                  168

            Maximum # of Bedrooms:                                 550

            Maximum # of Residents:                                  550

            Maximum # of Parking Spaces:             530

            Minimum # of Bicycle Parking Spaces:  130

            Minimum Outdoor Space (s.f.):             957,042

            Minimum Livability Space (s.f.):                        705,885

            Minimum Recreation Area (s.f.):                        66,407

3.                  Open Space:  That a 5.3-acre open space buffer shall be provided on the southern portion of this site, between the proposed western extension of Northfield Drive and the Glen Heights neighborhood.  The plans shall be revised to include the following note for this open space buffer:

“This 5.3 acre open space shall remain natural and undeveloped.  Allowable uses include passive recreation and normal maintenance activities (i.e. removal of dead or hazardous trees), subject to the approval of the Town Manager.  All effort shall be made to protect and preserve root zones for significant trees, and grading activities associated with the construction of Northfield Drive shall be designed to minimize disruption of root zones for significant trees.”

4.                  Recombination Plat:  That the two lots associated with this development (Chapel Hill Township Tax Map 24, Lots 38A and 41G) be recombined to form one lot, and that the final plat be recorded at the Orange County Register of Deeds office, prior to the issuance of a Zoning Compliance Permit.

5.                  Specialty Paving:  That the development shall be constructed with paver blocks or other specialty pavement intended to reduce impervious surface in the private property parking area, excluding drive aisles.  In addition, a note shall be included on the plans indicating that the Town will not be responsible for any damage to the proposed “specialty paving” that may be caused by service vehicles.

6.                  Bus Stops:  That the applicant is not required to construct the proposed on-site bus stop with shelter, bench and pad.  Instead, the applicant shall provide a payment-in-lieu for the construction of two bus stops, including shelter, bench and pad.  This payment-in-lieu may also be used for improvements to existing bus stops that may serve this site.

Stipulations Related to Required Improvements

7.                  Town Standards:  That all streets, parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards.  Specifically, all public streets shall be constructed with a 27-foot back-of-curb to back-of-curb two-lane cross-section with curb and gutter, utilizing standard crown with curb and gutter and adequately dimensioned shoulder sections, and including a 5-foot concrete sidewalk on at least one side of the street.  In addition, catch basins and underground stormwater pipes (rather than drainage swales) shall be utilized to collect stormwater. 

8.                  Rights-of-Way:  That all proposed public rights-of-way shall be adjusted to include all sections of the public street, including any on-street parking, all streetside sidewalks and a minimum of one additional foot beyond all streetside sidewalks for utility purposes.

9.                  Northfield Drive:  That the applicant shall dedicate a minimum of a 50-foot right-of-way and construct Northfield Drive to the western edge of the site.  Any necessary off-site construction shall be completed as part of this development to ensure that vehicular traffic may access the site from Airport Road. 

10.              Brookstone Drive:  That the applicant shall dedicate a minimum of a 50-foot right-of-way and construct Brookstone Drive from the northern edge of the site to its intersection with Northfield Drive.  Any necessary off-site construction shall be completed as part of this development to ensure that vehicular traffic may access the site from Homestead Road.

11.              Northern Panhandle:  That the entire width of the northern panhandle of the property (approximately 60 feet) shall be dedicated as public right-of-way.  In this right-of-way, a natural surface trail shall be constructed using hand-tools, to provide pedestrian access from the developed portion of this site to Homestead Road, with the final location being subject to the approval of the Town Manager.   Trail signs (not to exceed 4 square feet in display area) shall be placed at both ends of the natural surface trail, identifying the pedestrian path.

12.              Elimination of Portion of Exterior Loop Road:  That the portion of the exterior loop road from Building 7 around to Building 11 shall not be constructed and shall be removed from the plans.

13.              Western Road and Associated Right-of-Way:  That a 50-foot corridor from the northern panhandle to the intersection with the new Northfield Drive (along the Orange County Southern Human Services and UNC Horace Williams Tract property lines) shall be dedicated as public right-of-way.  A minimum of a 10-foot Type ‘B’ buffer shall be provided between the western edge of this right-of-way and the neighboring property lines.  The applicant shall construct a western road, that shall extend northward from Northfield Drive to the second, northernmost east-west drive aisle through the site.  This public western road shall generally terminate at the southeast corner of Building 7.

14.              Sidewalks Along Northfield and Brookstone Drives:  That sidewalk connections be provided along the new portions of Northfield Drive and Brookstone Drive to connect with the existing off-site sidewalks in order to provide continuous sidewalk access along at least one side of these streets to Homestead Road and Airport Drive, as appropriate.  These improvements shall include any necessary off-site sidewalk construction to ensure that continuous pedestrian access is provide to the respective intersections of Northfield Drive/Airport Road and Brookstone Drive/Homestead Road.

15.              Parking Spaces:  That in accordance with the above-noted elimination of the portion of the exterior loop road from Building 7 around to Building 11, the proposed 35 parallel parking spaces along this road shall be removed form the plan, permitting a maximum of 530 parking spaces on the site.

16.              On-Street Parking:  That the plans shall be revised to remove all proposed 90-degree parking on public streets.  Alternatively, the applicant may provide an alternative form of on-street parking (parallel, 45-degree or 60-degree parking) subject to the approval of the Town Manager.

17.              Bicycle Parking:  That secured, covered and illuminated bicycle parking shall be provided to accommodate a minimum of 130 bicycles.

Stipulations Related to Landscape Elements

18.              Landscape Plan Approval:  That a detailed Landscape Plan and Landscape Maintenance Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

19.              Landscape Protection Plan:  That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees will be removed and preserved and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

20.              Preservation of Existing Vegetation:  That the applicant shall maximize the preservation of existing vegetation in landscape bufferyard areas, unless unless grading and replanting are approved by the Town Manager and the Urban Forester.

21.              Landscape Bufferyards:  That the following landscape bufferyards shall be provided, and that if existing vegetation is to be used to satisfy the buffer requirement, the vegetation shall be protected by fencing from adjacent construction:

22.              Catch Basins and Stormwater Pipes:  That catch basins and stormwater pipes be utilized as part of street construction, in order to minimize land disturbance in buffer areas.  In particular, drainage swales shall not be established in the required landscape bufferyards on this site.

23.              Slopes in Buffer Areas:  That all newly graded landscape buffer areas shall not exceed a 3:1 slope.

24.              Buffer Plantings:  That all canopy trees installed in graded buffer areas shall be a minimum of 3” – 3½“ caliper when installed.  Also, all small trees installed in graded buffer areas shall be a minimum of 8 feet in height.

25.              Parking Lot Plantings:  That all parking lot shade trees used to demonstrate compliance with the 35% parking lot shading requirement, shall be a minimum of 2” – 2½“ in caliper when installed.

26.              Planting Strips:  That five-foot wide planting strips shall be provided between parking areas and each building.

27.              Preservation of 34-inch Oak Tree:  That the applicant shall retain and preserve a 34-inch Oak Tree located in the southeast corner of the site.  Grading and landscaping protection plans shall be revised to ensure that a minimum of 80% of this tree’s critical root zone remains undisturbed.

28.              Preservation of 32-inch Hickory Tree and 27-inch White Oak Tree:  That the applicant shall retain and preserve the 32-inch Hickory Tree and 27-inch White Oak Tree located in the northwest portion of the site.  Grading and landscaping protection plans shall be revised to ensure that a minimum of 80% of these trees’ critical root zones remain undisturbed.

29.              Preservation of Southern Open Space:  That retaining walls shall be utilized as necessary as part of the 10-foot Type ‘B’ buffer along the south side of Northfield Drive, in order to minimize disturbance to root zones of existing trees, subject to the approval of the Town Manager.

Stipulations Related to Utilities

30.              Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority (OWASA), Duke Power Company, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager before issuance of a Zoning Compliance Permit.

31.              Utility Lines:  That all utility lines, other than 3-phase electric power distribution lines, shall be underground.

Stipulations Related to Fire Protection/Fire Safety

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

33.              Sprinkler System:  That the buildings shall have a sprinkler system in accordance with Town Code, which shall be approved by the Town Manager. 

Stipulations Related to Refuse and Recycling Collection

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

35.              Relocation of Refuse and Recycling Facilities:  That the refuse and recycling facilities proposed for the northwest corner of the site be relocated, in accordance with the previously noted stipulation eliminating the construction of the exterior loop road from Building 7 around to Building 11.  Specifically, the plans shall be revised to provide an alternative compactor location and to provide a minimum of 2 smaller alternative recycling facilities located throughout the site, subject to the approval of the Town Manager prior to the issuance of a Zoning Compliance Permit.

36.              Private Refuse Collection:  That private refuse collection shall be provided for all compactor(s) utilized on this site, and that the applicant provide documentation that a private refuse hauling contractor can service the proposed compactor(s) and has approved the plans, as the plans relate to refuse collection, prior to the issuance of a Zoning Compliance Permit.

37.              Alternative Dumpster Pad Locations:  That the applicant identify potential alternative locations of possible future dumpster pads designed to Town standards, that would be necessary to service this development in the event that the owner requests public refuse collection service in the future.

38.              Heavy-Duty Paving:  That all drive aisles that provide access to the compactors, future dumpsters or recycling facilities, be constructed with heavy-duty pavement. 

Stormwater Management Stipulations

39.              Stormwater Management Plan:  That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.   The plan shall be designed with a detention basin to control the 2-year storm and the 50-year storm, such that for each of these design-year storms, the post-development 24-hour frequency stormwater discharge rate of water leaving the site shall not exceed the pre-development discharge rate.  The detention basin shall also have an emergency spillway device safely conveying stormwater exceeding the maximum design capacity.   

40.              Certification of Storage Capacity:  That the applicant be required to provide certification of storage capacity of the detention basins by a surveyor or professional engineer to the Town Stormwater Engineer on an annual basis, to ensure the long-term maintenance and functionality of the on-site detention basin.

Miscellaneous Stipulations

41.              Community Design Commission Approval:  That the Community Design Commission shall approve the building elevations and the lighting plan for the site, prior to the issuance of a Zoning Compliance Permit.

42.              Bio-Retention:  That a minimum of one bio-retention area be incorporated into the site plan, subject to approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  Additional bio-retention areas and low-impact design strategies are encouraged on this site, subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit. 

43.              Certificates of Occupancy:  That no Certificates of Occupancy shall be issued until all required public improvements are complete, and that a note to this effect shall be placed on the final plat.

That if the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and that a note to this effect shall be placed on the final plat.

44.              Detailed Plans:  That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Development Ordinance and Design Manual.

45.              Erosion Control:  That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modification of the plan if necessary, be approved by the Orange County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to the issuance of a Zoning Compliance Permit.

46.              Open Burning:  That no open burning shall be permitted during the construction of this development.

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

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

49.              Plant Rescue:  That the applicant is encouraged to conduct a “plant rescue” for this site, after the issuance of a Zoning Compliance Permit and prior to the start of construction.

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

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

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

This the _________ day of _______________, 2000.

ATTACHMENT  D

RESOLUTION  B

                                                                                         (Transportation Board Recommendation and

Community Design Commission Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR CHAPEL RIDGE

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Ponikvar & Associates, Inc. Architects on property identified as Chapel Hill Township Tax Map 24, Lot 38A (PIN # 9789-19-7250) and Chapel Hill Township Tax Map 24, Lot 41G (PIN # 9789-19-8802), if developed according to the site plan prepared on December 8, 1999, and revised on March 31, 2000, 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;

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 for Chapel Ridge in accordance with the plans listed above and with 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.                  Northern Loop Road:  That the northern loop road from Building # 7 to Building # 11 shall be constructed in accordance with the plans prepared on December 8, 1999, and revised on March 31, 2000.  Accordingly, Resolution A shall be revised as follows:

A.        Stipulation # 2 shall be revised to allow a maximum of 565 parking spaces.

B.         Stipulation # 12 shall be deleted.

C.        Stipulation # 15 shall be deleted.

D.                 Stipulation # 27 shall be deleted.

3.                  Recycling Facilities:  Stipulation # 34 of Resolution A shall be revised to delete a reference to the northern exterior loop road, and instead read as follows:

Recycling Facilities:  That the plans shall be revised to provide 2 or 3 recycling facilities located throughout the site, subject to the approval of the Town Manager prior to the issuance of a Zoning Compliance Permit.

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 for Chapel Ridge. 

This the _________ day of _______________, 2000.

ATTACHMENT  E

RESOLUTION  C

                                                                   (Bicycle and Pedestrian Advisory Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR CHAPEL RIDGE

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Ponikvar & Associates, Inc. Architects on property identified as Chapel Hill Township Tax Map 24, Lot 38A (PIN # 9789-19-7250) and Chapel Hill Township Tax Map 24, Lot 41G (PIN # 9789-19-8802), if developed according to the site plan prepared on December 8, 1999, and revised on March 31, 2000, 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;

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 for Chapel Ridge in accordance with the plans listed above and with 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.                  Parking Spaces:  That a maximum of 318 parking spaces shall be constructed on this site.  Accordingly, Resolution A shall be revised as follows:

A.                 Stipulation #2 shall be revised to allow a maximum of 318 parking spaces.

B.                 Stipulation #15 shall be revised to permit a maximum of 318 parking spaces.

3.                  New Bus Route(s):  That one or more Chapel Hill Transit bus routes be rerouted through the development.

4.                  Bus Transit Costs:  That the developer be required to pay any additional costs associated with bringing bus transit through this site, and any additional costs associated with making connections to existing bicycle and pedestrian facilities adjacent to the site.

5.                  Pedestrian Crossing:  That a crosswalk with blinking light and center refuge island be created on Airport Road at the developer’s expense to provide access to the bus stop, subject to the approval of the North Carolina Department of Transportation (NCDOT).

6.                  Bicycle Lane and Sidewalk Cost Sharing:  That the developer pay a percentage of the costs associated with maintenance and/or construction of bicycle lanes and sidewalks near the development in order to improve connectivity.

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 for Chapel Ridge. 

This the _________ day of _______________, 2000.

ATTACHMENT  F

RESOLUTION  D

(Denying the Application)

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR CHAPEL RIDGE

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Ponikvar & Associates, Inc. Architects on property identified as Chapel Hill Township Tax Map 24, Lot 38A (PIN # 9789-19-7250) and Chapel Hill Township Tax Map 24, Lot 41G (PIN # 9789-19-8802), if developed according to the site plan prepared on December 8, 1999, and revised on March 31, 2000, 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 REASONS FOR DENIAL)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for a Special Use Permit for Chapel Ridge.

This the ____ day of ____________, 2000.

ATTACHMENT  G

 RESOLUTION  E

(Defining Contiguous Property)

A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT APPLICATION FOR CHAPEL RIDGE 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, having considered the evidence submitted in the Public Hearing thus far pertaining to the application for Special Use Permit for Chapel Ridge, hereby determines, for purposes of Development Ordinance Section 18.3, Finding of Fact c), contiguous property to the site of the development proposed by this Special Use Permit application to be that property described as follows:

All properties within _____ feet of the site.

This the 18^th day of September, 2000.