AGENDA #2c
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing: Europa Office Building - Application for Special Use Permit
DATE: May 14, 2001
INTRODUCTION
Attached for your consideration is an application for a Special Use Permit to allow the construction of an office building on a 2.24-acre site. The site is located at the northeast corner of Legion Road and Europa Drive, across from Britthaven of Chapel Hill and next to the Sheraton Hotel and west of Village Office Park. The property is located within the Community Commercial (CC) zoning district.
The application proposes construction of a 38,000 square foot, two-story office building with 108 on-site parking spaces. Proposed vehicular access to the site is from a new curb cut on Europa Drive.
The applicant has also submitted an accompanying application for a Special Use Permit Modification to reduce the boundaries of the Hotel L’Europa/Village Office Park Complex Special Use Permit originally approved on February 11, 1980. The boundary of the Hotel L’Europa/Village Office Park Complex Special Use Permit encumbers the 2.24 acres-tract that is the subject of this report. The Special Use Permit also encumbers the adjacent 5.5-acre Sheraton Hotel site and the 1.45-acre Village Office Park development.
The request for the Special Use Permit Modification is to reduce the boundaries of the Special Use Permit and exclude the 2.24 acre-tract. Approval of the accompanying Special Use Permit Modification, which proposed to reduce the boundary of the Special Use Permit, must occur before this request for a new office building could be approved.
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 that the Council may consider as it determines any appropriate conditions to impose upon the proposed development.
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.
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This package of materials has been prepared for the Town Council’s consideration, and is organized as follows: ¨ Cover Memorandum: Introduces application, describes process for review, summarizes staff and advisory board comments, and offers recommendations for Council action. ¨ Staff Report: Offers a detailed description of the site and proposed development, and presents an evaluation of the application regarding its compliance with the standards and regulations of the Development Ordinance. ¨ Attachments: Includes a checklist of requirements for this development, resolutions of approval and denial, advisory board comments, and the applicant’s materials. |
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 Dprovides a format for determining the definition of contiguous property for this application.
Description of the Application
This Special Use Permit application proposes construction of a two-story office building with 38,000 square feet of floor area. The proposed floor area would be used as general office-type business. Based on the proposed number of 108 on-site parking spaces, no medical clinic space would be allowed. Medical clinic space could be added in the future only if parking requirements could be satisfied.
A single point of vehicular access to the site is proposed from Europa Drive. The proposed driveway is located across the street from the access drive for the Europa Center. An existing vehicular connection to the adjacent hotel development is proposed to be removed.
The applicant has also submitted an accompanying application for a Special Use Permit Modification to reduce the boundaries of the 1981 Hotel L’Europa/Village Office Park Complex Special Use Permit. That Special Use Permit encumbers the 2.24-acre site that is the subject of this memorandum.
The application for the new Special Use Permit, to construct the 38,000 square foot office building on the 2.24-acre site cannot be approved unless the site is removed from the 1981 Special Use Permit. Therefore, approval of the accompanying Special Use Permit Modification, must occur before the proposed Special Use Permit for the 38,000 office building could be approved.
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, parking, buffers and landscaping, (and is included as an attachment to this memorandum). A checklist describing compliance with regulations also is 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.
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. 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:
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Special Use Permit – Required Findings of Fact Finding #1: That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare. Finding #2: That the use or development 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.
KEY ISSUES
Based on the review of this development application by Town advisory boards and the Town staff, we believe that the key issues that have been identified are the applicant’s traffic impact statement and design of the parking lot.
Traffic Impact Statement: The applicant initially submitted this application to staff in 1996. That submission included a Traffic Impact Statement. Subsequent revision and resubmission of the application occurred in 1998 and 2000. Each resubmission included the original Traffic Impact Statement from 1996.
We note that the Transportation Board did not believe that it could make a fair evaluation of the request for this application without an updated Traffic Impact Analysis. The Transportation Board believes, that in order to consider this proposal, the applicant must update the 1996 Traffic Impact Statement.
Staff’s Comment: Based on an analysis by the Town’s Engineer, we do not believe that a revised traffic impact statement is necessary. Please see attached memorandum from the Town’s Engineer (Attachment 9).
Parking Lot Design: Resolution A includes several stipulations that affect the proposed parking lot design. The stipulations, which address tree preservation and vehicular access, would eliminate some parking areas and reduce the total number of on-site parking spaces. These changes could reduce building floor area.
Staff’s Comment: In order to help preserve two existing oak trees along Europa Drive and maintain a vehicular connection between this site and the hotel parking lot, we believe that it would be appropriate to eliminate or relocated some of the proposed parking spaces. Each item is discussed below:
Ø Tree Preservation: We note that the applicant is proposing to locate seven parking spaces in the northwest corner of the site, along Europa Drive. We are concerned that the land disturbance and construction associated with these parking spaces will damage the root system of two nearby oak trees that the applicant is proposing to retain. We believe that these trees should be better protected. We recommend that the disturbance to the root systems of these two trees be minimized.
We believe that, at a minimum, five of the parking spaces proposed near these trees should be removed. We believe that removal of these five parking spaces will ensure protection of 80% of the trees’ critical root zones. We have included a stipulation to that effect in Resolution A.
Ø Vehicular Access: We believe that the existing driveway connection to the adjacent hotel parking lot should be retained. We believe that connectivity between the two sites is desirable for the proposed development and the hotel. We recommend that the applicant redesign the parking lot and preserve the internal vehicular connection to the hotel site. A stipulation to that effect has been included in Resolution A.
We note that if the Council requires that the applicant remove parking spaces, as discussed above, without requiring that the applicant also reduce the floor area of the new building, this proposal will not meet the minimum parking requirements of the Development Ordinance. If parking spaces are removed, in order to revise the plan and comply with the minimum parking requirements, we believe the following options are available to the applicant: 1) Reducing the floor area of the building by approximately 2,500 square feet; 2) Securing available parking spaces off-site; or 3) Redesigning the parking lot. If the approved plan includes a reduction in the number of proposed parking spaces, we believe that the applicant can effectively employ one or a combination of these options and comply with the minimum-parking requirement of the Development Ordinance. Resolution A requires that the proposal complies with the minimum-parking requirement of the Development Ordinance.
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 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:
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. Following recordation of the necessary document indicating that this 2.24-acre site is no longer encumbered by a Special Use Permit, applicant accepts and records the Special Use Permit for the Europa Office Building 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 May 1, 2001 and voted 4-2 to recommend that the Council approves this application for a Special Use Permit Modification with the 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 in lieu of retaining the existing vehicular connection between the site and the hotel parking lot, the applicant may provide an alternative vehicular connection between the proposed development and the hotel parking lot. Final location for a vehicular connection between the hotel parking lot and the site shall be reviewed and approved by the Town Manager.
Staff Comment: We agree with the Planning Board that the applicant must provide a vehicular connection between the proposed development and the hotel parking lot. However, we believe that the existing vehicular connection location is appropriate.
Resolution A includes the following recommended conditions of the Planning Board.
Ø That two parking spaces may remain in the northwest corner of the site, if the applicant can preserve at least 80% of the critical root zone for the two nearby willow oaks.
Ø That the percentage of stormwater runoff from the development site, subject to treatment by best management practice features, shall be reviewed and approved by the Town Manager.
Transportation Board Recommendation: The Transportation Board reviewed this application on May 1, 2001, and voted 7-0 to recommend that the Council request that the applicant update the Traffic Impact Statement and return to the Transportation Board for additional review. We refer the Council to a memorandum from the Town’s Engineer for additional comment on the applicant’s Traffic Impact Statement (Attachment 9).
Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on May 8, 2001. We will forward a summary of their action as soon as it is available.
Community Design Commission Recommendation: The Community Design Commission reviewed this application on May 8, 2001. We will forward a summary of their action as soon as it is available.
Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary conclusion, with the stipulations in Resolution A, is 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, and if the accompanying application to modify the 1981 Hotel L’ Europa/Village Office Park Special Use Permit is approved, 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.
Resolution C would deny the application.
Resolution D would determine the definition of contiguous property for this application.
EUROPA OFFICE BUILDING SPECIAL USE PERMIT
DIFFERENCES AMONG RESOLUTIONS
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ISSUE |
Resolution AManager’s Preliminary Recommendation |
Resolution BPlanning Board Recommendation |
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Vehicular Connection to Hotel |
Yes, at the present location |
Yes, location may be adjusted |
*Issue was not discussed at this particular advisory board’s meeting.
ATTACHMENTS
1. Planning Staff Report (p. 9).
2. Checklist of Project Fact Sheet Requirements (p. 17).
3. Resolution A – Approving the Application (p. 18).
4. Resolution B – Approving the Application (p. 24).
5. Resolution C – Denying the Application (p. 26).
6. Resolution D – Defining Contiguous Property for this Application (p. 27).
7. Summary of Planning Board Action (p. 28).
8. Summary of Transportation Board Action (p. 29).
9. Memorandum from Town’s Engineer (p. 30).
10. Correspondence From Citizen (p. 36).
11. Applicant’s Statement of Justification (p. 39).
12. Project Fact Sheet (p. 41).
13. Traffic Impact Summary (p. 43).
14. Reduced Area Map and Site Plans (p. 65).
ATTACHMENT 1
Planning Staff Report
SUBJECT: Public Hearing: Europa Office Building – Application for a Special Use Permit
(File No. 7.27.E.2E; PIN # 9799468987)
DATE:May 14, 2001
INTRODUCTION
Attached for your consideration is an application for a Special Use Permit to allow the construction of an office building on a 2.24-acre site. The site is located at the northeast corner of Legion Road and Europa Drive, across from Britthaven of Chapel Hill and next to the Sheraton Hotel and west of Village Office Park. The property is located within the Community Commercial (CC) zoning district, and is identified as Chapel Hill Township Tax Map 27, Block E, Lot 2E (PIN # 9799468987).
The application proposes construction of a 38,000 square foot, two-story office building with 108 parking spaces. Access to the site would be provided from Europa Drive.
The applicant has also submitted an accompanying application for a Special Use Permit Modification to reduce the boundaries of the Hotel L’Europa/Village Office Park Complex Special Use Permit originally approved on February 11, 1980. The boundary of the Hotel L’Europa/Village Office Park Complex Special Use Permit encumbers the 2.24 acres-tract that is the subject of this report. The request for the Special Use Permit Modification is to reduce the boundaries of the Special Use Permit and exclude the 2.24 acre-tract. Approval of the accompanying Special Use Permit Modification, which proposed to reduce the boundary of the Special Use Permit, must occur before this request for a new office building could be approved.
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 our evaluation is based on approval of the accompanying Special Use Permit Modification application which proposes to remove this site from the Special Use Permit boundary originally created in 1976 and modified in 1980 and 1981.
Existing Conditions: The 2.24 acre site is located at the northeast intersection of Europa Drive and Legion Road. To the south, across Legion Road, is the Britthaven Health Care facility and the American Legion property. Across Europa Drive is the Europa Center office building and parking deck. Immediately adjacent to the north is the Sheraton Hotel (formerly the Hotel Europa). West of the site is the Village Office Park building.
Except for the three tennis courts, located in the southeast corner of the site, and a gravel parking area between the tennis courts and Europa Dive, the site is undeveloped. The remainder of the site is mostly cleared and open with several cluster of large trees, scattered smaller trees, shrubs and areas of grass. Notable trees include a 26-inch pine near Legion Road and two 30-inch willow oaks at the northwest corner of the site along Europa Drive.
The site generally slopes from its southeast corner toward the northwest corner. The tennis courts are located on the highest elevation of the site (342 feet) and the remainder of the site slopes away for the tennis courts towards the hotel and Europa Drive. The lowest point of the site is the northwest corner (320 feet). The site is not located in the Town’s Watershed Protection District.
Vehicular access to the site is from the Sheraton Hotel parking lot. Two concrete sidewalks connect the tennis courts to the Sheraton Hotel and the Village Office Park.
Development Description: This Special Use Permit application proposes construction of a two- story office buildings with 38,000 square feet of floor area. The proposed floor area would be used as general office. No medical clinic space is proposed for this site.
A single point of vehicular access to the site is proposed from Europa Drive. The proposed driveway is located directly across the street from the access drive for Europa Center. An existing vehicular connection to the Sheraton is proposed to be removed. The applicant is proposing a total of 108 on-site parking spaces.
A 5-foot wide sidewalk exists along the site’s Europa Drive frontage. A new sidewalk is proposed along the site’s Legion Road frontage. The applicant is proposing to remove the two existing sidewalk connections to the tennis courts.
Hotel L’ Europa/Village Office Park Special Use Permit Modification: The applicant has also submitted an accompanying application for a Special Use Permit Modification to reduce the boundaries of the Hotel L’Europa/Village Office Park Complex Special Use Permit originally approved on February 11, 1980. The boundary of the Hotel L’Europa/Village Office Park Complex Special Use Permit encumbers the 2.24 acres-tract that is the subject of this report. The request for the Special Use Permit Modification is to reduce the boundaries of the Special Use Permit and exclude the 2.24 acre-tract. Approval of the accompanying Special Use Permit Modification, which proposed to reduce the boundary of the Special Use Permit, must occur before this request for a new office building could be approved. Resolution A includes a stipulation to this effect.
Intensity Standards: The subject property is located in the Community Center (CC) zoning district and the proposed use, office business, is subject to Use Group B land use intensity standards. The maximum permitted floor area on this lot is 41,934 square feet; the applicant is proposing 38,000 square feet of floor area. The minimum required outdoor space on this lot is 74,228 square feet; the applicant proposes 78,748 square feet. The minimum required livability space on this lot is 26,392 square feet; the applicant proposes 44,728 square feet.
The application meets the setback and height restrictions of the Development Ordinance.
Access and Circulation: Vehicular access to the site is proposed with the creation of a new driveway along Europa Drive. This new curb cut is across from the driveway for the Europa Center development. We recommend that the centerline of the new driveway for the proposed office building, align with the existing centerline for the Europa Center driveway. A stipulation to that effect is included in Resolution A.
The applicant is also proposing to eliminate the driveway between the site and the hotel parking lot. We believe that the existing driveway connection to the adjacent hotel parking lot should be retained. We believe that interconnectivity between the hotel and this site is desirable-. We recommend that the applicant redesign the parking lot and preserve the internal vehicular connection to the hotel site. This redesign may result in a reduction in the number of parking spaces at this location. We recommend that the applicant record an easement providing for vehicular and service vehicle access between the hotel property, across the proposed site, to Europa Drive. The easement must be approved by the Town Manager and recorded prior to issuance of a Zoning Compliance Permit. A stipulation to that effect has been included in Resolution A.
There is an existing sidewalk and curb and gutter along the site’s frontage on Europa Drive. This sidewalk continues along Europa Drive and ends at the main vehicular entrance to the Sheraton Hotel. No improvement to the site’s Europa Drive frontage is proposed by the applicant nor recommended by staff.
A Town standard 5-foot wide concrete sidewalk is proposed along Legion Road frontage. We recommend that the applicant widen the site’s Legion Road frontage to half of a 41-foot cross-section and provide a new sidewalk and four foot striped bike lane. We also recommend that the applicant dedicate half of a 70-foot right-of-way along the Legion Road frontage of the site.
We recommend that prior to the issuance of a Zoning Compliance Permit the applicant obtain all necessary encroachment agreements and permits from the Town of Chapel Hill for work occurring in the right-of-way. Stipulations to this effect have been included in Resolution A.
Parking: Based on proposed floor area of 38,000 square feet and proposed business office-type use, the Development Ordinance requires that a minimum number of 108 parking spaces be provided on this site. The applicant is proposing to provide a total of 108 standard size parking spaces.
We note that the applicant is proposing to locate seven parking spaces along Europa Drive in the northwest corner of the site. We are concerned that the land disturbance and construction associated with these parking spaces will damage the root system of two nearby oak trees that the applicant is proposing to retain. We believe that these trees should be better protected. We recommend that the disturbance to their root system be minimized. We believe that the seven parking spaces proposed near these trees should be removed. We have included a stipulation to that effect in Resolution A.
If the seven parking spaces are removed from the site plan and access is provided to the hotel site, without reducing the floor area of the new building, this proposal will not meet the minimum parking requirements of the Development Ordinance. In order to revise the plan and comply with the minimum parking requirements, options available to the applicant include: 1) Reducing the floor area of the building by approximately 2,500 square feet; 2) Securing available parking spaces off-site; or 3) Redesigning the parking lot. If the approved plan includes a reduction in the number of proposed parking spaces, we believe that the applicant can effectively employ one or a combination of these options and comply with the minimum-parking requirement of the Development Ordinance. Resolution A requires that the proposal complies with the minimum-parking requirement of the Development Ordinance.
If the applicant decided to secure parking spaces off-site in order to meet the minimum parking requirements, a number of Development Ordinance requirements must be met in accordance with Section 14.6.2. Most notably, these spaces must be within 1,200 of a building entrance and must be located in the commercial zoning district. If this option is pursued, we recommend that a parking agreement be provided as part of the final plan application. The agreement must be reviewed and approved by the Town Manager and recorded in the Orange County Register of Deeds Office. A copy of the recorded agreement must be provided to the Town prior to issuance of a Zoning Compliance Permit. We also recommend that a safe, direct, attractive, lighted and convenient pedestrian route be provided between this proposed development and any off-site parking spaces. A stipulation to this effect has been included in Resolution A.
Bicycle Parking: The current proposal does not include accommodations for bicycle parking. We note that the Town’s Design Manual calls for 1 bicycle parking space for every 10 automobile spaces. In this case, that means that parking for 11 bicycles is required. We have included a stipulation in Resolution A that requires this proposal to comply with the standards for bicycle parking in the Town’s Design Manual. The stipulation includes a provision for shower and locker facilities. The stipulation also requires that 20% of the bicycle parking spaces include a locker, individually locked enclosure, or supervised area within a building providing protection for bicycles therein from theft, vandalism and weather.
Traffic Impact: We note that the applicant initially submitted this application to staff in 1996. That submission included a Traffic Impact Statement. Subsequent revision and resubmission of the application occurred in 1998 and 2000. Each resubmission included the original Traffic Impact Statement from 1996.
Based on an analysis by the Town’s Engineer we do not believe that a revised traffic impact statement is necessary. Please see attached memorandum from the Town’s Engineer (Attachment 9).
We note that the existing pavement on Legion Road appears to be wide enough to accommodate a turn lane and we recommend that the applicant provide a left turn lane from Legion Road onto Europa Drive. We also recommend that the final design for this left turn lane, include lane widths, storage length and transition tapers. We have included a stipulation to that effect in Resolution A.
We recommend that the applicant provide a left turn lane from Europa Drive into the proposed Europa Drive entrance. The pavement width on Europa Drive is wide enough to accommodate this improvement. We also recommend that the final design for this left turn lane, include lane widths, storage length and transition tapers. We have included a stipulation to that effect in Resolution A.
Transportation Management Plan: We recommend that the applicant provide a Transportation Management Plan to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit and have included a stipulation to that effect. According to Town guidelines, a comprehensive Transportation Management Plan should include:
Ø Quantifiable traffic reduction goals and objectives;
Ø Provisions for designation of a Transportation Coordinator;
Ø Provision for an annual Transportation Survey and Annual Report to the Town Manager;
Ø Ridesharing incentives; and
Ø Public transit incentives.
A stipulation to that effect has been included in Resolution A.
Buffers and Landscaping: The following table compares the Town’s Development Ordinance requirements for landscape buffers to the applicant’s proposal.
We note that the applicant is proposing to construct a retaining wall within the bufferyards along the east (Village Park Office) and south (Legion Road) property lines. We recommend that prior to the issuance of a Zoning Compliance Permit the applicant obtain approved from the Community Design Commission for this alternative bufferyard. Resolution A includes this stipulation.
As previously noted in the section on parking, we recommend that revisions be made to proposed parking plan in order to protect the two oak trees located in the northwest corner of the site. In addition to revising the parking space plan, we also recommend that revisions to the stormwater drainage plan be made in the vicinity of these trees. Please refer to the section on Stormwater Management for additional information on this recommendation.
Regardless of whether the final approval includes removal of the parking spaces or revisions to the stormwater drainage design, we believe that at a minimum, in order to retain these two trees as shown on the applicant’s proposal, the approved plan should preserve at least 80% of the critical root zones of the two large oaks in the northwest corner of the site. We have included a stipulation to this effect in Resolution A.
We recommend that all final plans include provisions for screening and shading of parking facilities in accordance with Section 14.6.6 of the Development Ordinance. In addition a landscape strip at least five (5) feet in width, must be provided between the new building and the parking lot. We also recommend that where possible, utility lines be located so that the proposed landscaping is not compromised by future repair operations and so that the planting options are not constrained by utility easements.
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: The applicant proposes to provide stormwater detention on site to meet the Town’s requirement that the post-development stormwater runoff rate not exceed the pre-development rate. We believe that the applicant is proposing to detain stormwater underground within the stormwater drainage pipe infrastructure.
The submitted stormwater plans propose installation of an underground drainage pipe between the two willow oaks located in the northwest corner of the site. We are concerned that the land disturbance and construction associated with the installation of this stormwater pipe will damage the root system of the oak trees that the applicant is proposing to retain. We believe that these trees should be better protected. We recommend that the disturbance to their root system be minimized. We recommend that this stormwater drainage pipe is relocated away from these trees. We believe that a alternative location for this pipe, further away from the root system is desirable and feasible. We have included a stipulation to that effect in Resolution A.
We recommend that underground detention be utilized for the 2-yr and 50-yr storm events. Based on the 2-year and the 50-year storms the rate of run-off after development should not exceed the rate of run off prior to development of the site.
We have included our standard stipulation in Resolution A, requiring Town Manager approval of a Stormwater Management Plan prior to issuance of a Zoning Compliance Permit for this development.
Best Management Practices: The applicant’s plans do not include bio-retention areas. We recommend that the application provide bio-retention or other best management practice (BMP) features on this project to intercept and treat runoff from developed areas. We note that it may be acceptable to permit some surface drainage from the parking lot, onto adjacent landscape bufferyards, as sheet flow. Landscape areas accepting sheet flow should be treated with appropriate energy dissipaters such as stone or planted ground cover to eliminate scour. We recommend that the applicant submit this information with the final plan submission for the Town Manager’s review and approval.
Refuse Management: The applicant proposes to provide refuse and recycling facilities for this development. Refuse collection would be provided by the Town of Chapel Hill and recycling collection would be provided by Orange Community Recycling.
We are concerned that a single refuse dumpster may not provide adequate capacity to service the proposed 38,000 square foot office building. We are also concerned that the design of the parking lot in the northeast corner may not accommodate turning movements for refuse collection vehicles. We believe that these issues can be addressed during final plan review of a Solid Waste Management Plan. We have included our standard stipulations in Resolution A requiring 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. Resolution A also includes a stipulation requiring that all drive aisles which provide access to the compactor, future dumpsters and recycling facilities, be constructed with heavy duty pavement.
Utilities: Section 14.10 of the Development Ordinance requires that all utility lines, other than lines used only to transmit electricity between generating stations or substations and three‑phase electric power distribution lines, shall be placed underground.
We recommend that all utility lines, streetlights and parking lot lights, existing and proposed be located and identified on the final plans. We recommend that all utility lines, other than lines used to transmit electricity between generating stations or substations or three-phase line be buried under ground. We also recommend that all electric line associated with existing or proposed street and/or parking lot lighting be buried underground.
We recommend that detailed utility plans be reviewed and approved by OWASA, Duke Power Company, BellSouth, Public Service Company, and the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect 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.
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. We have included a stipulation to this effect in Resolution A.
Comprehensive Plan: The Europa Office Building site was designated as office land use in the Land Use Plan as part of the new Comprehensive Plan, adopted May 8, 2000, by the Town Council.
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.
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 approval of the accompanying Hotel L’ Europa/Village Office Park Complex Special Use Permit Modification application, which proposes to remove this site from the Special Use Permit boundary originally created in 1976 and modified in 1980 and 1981.
Resolutions A and B would approve the application with conditions.
Resolution C would deny the application.
ATTACHMENT 2
Project Fact Sheet Requirements
Check List of Regulations and Standards
Special Use Permit Application
Staff Evaluation
Europa Office Building |
Compliance (if accompanying application approved) |
Non-Compliance |
|
Use Permitted |
Ö |
|
|
Min. Gross Land Area |
Ö |
|
|
Min. Lot Width |
Ö |
|
|
Max. Floor Area |
Ö |
|
|
Min. Outdoor Space |
Ö |
|
|
Min. Livability Space |
Ö |
|
|
Min. Recreation Space |
N/A |
|
|
Impervious Surface Limits |
N/A |
|
|
Min. # Parking Spaces |
Ö |
|
|
Min. # Loading Spaces |
Ö |
|
|
Min. # Handicap Spaces |
Ö |
|
|
Max. # Dwelling Units |
N/A |
|
|
Min. Street Setback |
Ö |
|
|
Min. Interior Setback |
Ö |
|
|
Min. Solar Setback |
Ö |
|
|
Max. Height Limit |
Ö |
|
|
Min. Landscape Buffers |
Ö |
|
|
Public Water and Sewer |
Ö |
N/A = Not Applicable
Prepared: May8, 2001
ATTACHMENT 3
RESOLUTION A
(Manager’s Preliminary Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR EUROPA OFFICE BUILDING
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Duane Stewart and Associated, Inc., on property identified as Chapel Hill Township Tax Map 27, Block E, Lot 2E (PIN# # 9799468987), if developed according to the site plan prepared on November 23, 1998, and revised on February 15, 2001, 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 Europa Office Building 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 one office building, consisting of a total of 38,000 square feet of floor area, specified as follows:
Total # of Buildings: 1
Maximum Floor Area Total: 38,000 s.f for office-type business use
Maximum Clinic Floor Area: Not Permitted
Minimum Outdoor Space (s.f.): 78,748 s.f.
Minimum Livability Space (s.f.): 44,728 s.f.
Maximum # of Parking Spaces: 108
Minimum # of Bicycle Parking Spaces: 11
3. Hotel L’ Europa/Village Office Park Special Use Permit Modification: That the submission of the final plan application shall include certified copies of the recorded Special Use Permit Modification for the (insert date) Hotel L’ Europa/Village Office Park. Said Special Use Permit Modification shall reduce the overall area of the 1981 Special Use Permit boundary and removed the proposed 2.24-acre development site from the 1981 Special Use Permit.
Stipulations Related to Required Improvements
4. Vehicular Connection to the Sheraton Hotel: That the existing vehicular connection, to the hotel parking lot along the site’s north property line, shall be retained. The parking lot plan shall be redesigned to provide the connection. This connection shall be available for vehicular and service vehicle access for the proposed development. Prior to the issuance of a Zoning Compliance Permit, an easement providing for vehicular and service vehicle access between the hotel property, across the proposed site, to Europa Drive, shall be recorded with the Orange County Register of Deeds Office and a copy of the recorded document shall be submitted to the Town. This easement shall be reviewed and approved by the Town Manager prior to recordation.
5. Legion Road Frontage Improvements: That prior to the issuance of a Certificate of Occupancy, half of a 41-foot cross-section be constructed with curb and gutter, a Town standard 5-foot concrete sidewalk and 4-foot wide striped bike lane.
6. Legion Road Left Turn Lane: That prior to the issuance of a Zoning Compliance Permit, the applicant install pavement markers for an eastbound left turn lane from Legion Road onto Europa Drive. That the final design for this turn lane shall include lane width, storage length and transition tapers.
7. Legion Road Frontage Dedication: That prior to the issuance of a Zoning Compliance Permit the applicant dedicate half of a 70-foot right-of-way to the Town of Chapel Hill along the Legion Road frontage. The plat shall be approved by the Town Manager and recorded in the Orange County Register of Deeds Office and a copy of the recorded document shall be submitted to the Town prior to the issuance of a Zoning Compliance Permit.
8. Europa Drive Left Turn Lane: That prior to the issuance of a Zoning Compliance Permit, the applicant install pavement markers for a southbound left turn lane from Europa Drive into the propose Europa Drive access drive. The final design for this turn lane shall include lane width, storage length and transition tapers.
9. Europa Drive Curb Cut: That the centerline of the new driveway for the proposed office building, align with the existing center line for the Europa Center driveway.
10. Encroachment Agreements: That prior to the issuance of a Zoning Compliance Permit the applicant obtain all necessary encroachment agreements and permits from the Town of Chapel Hill for work occurring in the right-of-way.
11. Bicycle Parking: That the bicycle parking area for this development shall comply with the Town’s Design Manual. Parking for 11 bicycles, and shower and locker facilities shall be provided. That 20% of the bicycle parking spaces include a locker, individually locked enclosure, or supervised area within a building providing protection for bicycles therein from theft, vandalism and weather.
12. Town Standards: That all streets, parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards.
Stipulations Related to Parking
13. Parking Spaces Adjacent to Europa Drive: That in order to preserve the two willow oak, the five of the proposed seven parking spaces adjacent to Europa Drive in the northwest corner of the site, shall be removed.
14. Minimum Parking Space Requirements: That if the approved final plan includes less that 108 parking spaces, this development shall comply with the minimum parking space requirements by one or a combination of the following options:
a. Reduced Floor Area to Meet Minimum Parking Requirements: Proposal to reduce the total floor area of the development must be accompanied by a revised Project Fact Sheet. That prior to issuance of a Certificate of Occupancy, an architect shall certified that the square footage of the new building complies with the minimum parking requirement as defined by the Chapel Hill Development Ordinance.
b. Off-Site Parking Spaces: That the applicant secures off-site parking spaces, in compliance with Section 14.6.2 of the Development Ordinance. That a parking agreement for these spaces be reviewed and approved by the Town Manager. Said approved agreement must be recorded in the Orange County Register of Deeds Office and a copy of the recorded document provided to the Town prior to the issuance of a Zoning Compliance Permit.
c. Redesigned Parking Area: That the parking lot shall be redesigned.
Stipulations Related to Landscape Elements
13. Critical Root Zone: Willow Oaks: That at least 80% of the critical root zone, of the two large willow oaks located in the northwest corner of the site, shall be preserved.
14. Landscape Bufferyards: That unless approved as alternative bufferyards by the Community Design Commission, the applicant provide the following landscape bufferyards:
Ø Type “A” 15-foot wide external bufferyard along the site’s frontage on Legion Road and Europa Drive; and
Ø Type “B” 10-foot wide internal bufferyard along all interior lot lines.
15. 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.
16. Planting Strips: That five-foot wide planting strip shall be provided between parking areas and the building.
17. Utilities and Landscaping: That where possible, utility line be located so that the proposed landscaping is not compromised by future repair operations and so that planting options are not constrained by utility easements.
18. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating protected root zone areas, tree protection fencing and which rare and specimen trees will be removed or preserved, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
Stipulations Related to Stormwater Management
19. Relocated Stormwater Drainage Pipe: That the proposed stormwater drainage pipe, located between the two willow oaks in the northwest corner of the site, be relocate away from the trees in order to minimize disturbance to their root systems. Final location shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
20. Best Management Practices: That the applicant provided bio-retention or best management practices (BMP’s) features to intercept and treat stormwater runoff from the developed areas. Final design and locations shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. That the percentage of stormwater runoff from the development site, subject to treatment by best management practice features, shall be reviewed and approved by the Town Manager.
21. Underground Detention: That underground detention of stormwater be use for the 2-year and 50-year storm events. Post-development stormwater run-off rate shall not exceed the pre-development rate.
22. Stormwater Management Plan: That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The post-development stormwater run-off rate shall not exceed the pre-development rate.
Stipulations Related to Refuse and Recycling Collection
23. 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.
24. Heavy-Duty Paving: That all drive aisles on the proposed development that provide access to the compactors, dumpsters or recycling facilities, be constructed with heavy-duty pavement.
25. Pre-construction Conference: That the applicant hold a pre-construction conference with Orange County Solid Waste staff prior to any construction activity on the site. A note indicating such shall be included on final plans.
Stipulations Related to Fire Protection/Fire Safety
26. 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.
27. Sprinkler System: That the buildings shall have a sprinkler system in accordance with Town Code, which shall be approved by the Town Manager.
28. Fire Department Connections: That fire hydrants must be no more than 50 feet from fire department connections and that fire connections must be located on street side of buildings in visible, accessible locations.
Stipulations Related to Utilities
29. 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 and the Town Manager before issuance of a Zoning Compliance Permit.
30. Underground Utility Lines: That all existing and proposed utility lines, other than 3-phase electric power distribution lines, shall be underground.
Miscellaneous Stipulations
31. Community Design Commission Approval: That the Community Design Commission shall approve the building elevations, lighting plan and any proposed alternative landscape bufferyards for the site, prior to the issuance of a Zoning Compliance Permit.
32. Transportation Management Plan: That a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The plan shall include the following:
Ø Quantifiable traffic reduction goals and objectives;
Ø Provisions for designation of a Transportation Coordinator;
Ø Provision for an annual Transportation Survey and Annual Report to the Town Manager;
Ø Ridesharing incentives; and
Ø Public transit incentives.
33. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are complete.
34. 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.
35. Open Burning: That no open burning shall be permitted during the construction of this development.
36. 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.
37. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
38. 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. A detail of this sign shall be submitted with the final plan application.
39. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
40. 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 Europa Office Building.
This the _________ day of _______________, 2001.
ATTACHMENT 4
RESOLUTION B
(Planning Board Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR EUROPA OFFICE BUILDING
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Duane Stewart and Associated, Inc., on property identified as Chapel Hill Township Tax Map 27, Block E, Lot 2E (PIN# # 9799468987), if developed according to the site plan prepared on November 23, 1998, and revised on February 15, 2001, 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 Europa Office Building 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. Vehicular Connection to the Sheraton Hotel: That in lieu of retaining the existing vehicular connection between the site and the hotel parking lot, the applicant may provide an alternative vehicular connection between the proposed development and the hotel parking lot. Final location for a vehicular connection between the hotel parking lot and the site shall be reviewed and approved by the Town Manager.
This connection shall be available for vehicular and service vehicle access for the proposed development. Prior to the issuance of a Zoning Compliance Permit, an easement providing for vehicular and service vehicle access between the hotel property, across the proposed site, to Europa Drive, shall be recorded with the Orange County Register of Deeds Office and a copy of the recorded document shall be submitted to the Town. This easement shall be reviewed and approved by the Town Manager prior to recordation.
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 Europa Office Building.
This the _________ day of _______________, 2001.
ATTACHMENT 5
RESOLUTION C
(Denying the Application)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR EUROPA OFFICE BUIDLING
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Duane Stewart and Associated, Inc., on property identified as Chapel Hill Township Tax Map 27, Block E, Lot 2E (PIN# # 9799468987), if developed according to the site plan prepared on November 23, 1998, and revised on February 15, 2001, 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 Europa Office Building.
This the ____ day of ____________, 2001.
ATTACHMENT 6
RESOLUTION D
(Defining Contiguous Property)
A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT APPLICATION FOR THE EUROPA OFFICE BUILDING (2001-05-14/R-3)
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 the Europa Office Building, proposed by Duane Stewart and Associated, Inc., on property identified as Chapel Hill Township Tax Map 27, Block E Lot 2E PIN# 9799468987, 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 day of 14th day of May, 2001