AGENDA #2a

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:       Public Hearing:  New Zoning District - Proposed Development Ordinance Text Amendment

DATE:             June 18, 2001

INTRODUCTION

This Public Hearing has been scheduled for the Town Council to consider a Development Ordinance text amendment.  The proposal would create a new zoning district:  Office/Institutional-4.  An accompanying memorandum describes a zoning atlas amendment which would apply the new district to the University’s main campus.  The text amendment and rezoning proposals respond to ideas presented by the University about plans for development at the University.

BACKGROUND AND PROCESS

Last fall, discussions began between the Town and UNC regarding the University’s plans for future facilities, and the fact that growth on the University’s main campus was nearing maximum levels as set out in Chapel Hill’s development regulations.   On October 23, Mayor Waldorf presented a proposed process for discussing issues of mutual concern between the Town and University, and subsequently appointed a Mayor’s Committee to meet with University representatives.

At a February 9 meeting of the Mayor’s Committee on University Relations with Chancellor Moeser and his staff, there was agreement that the University and the Town would each put together a statement of requests and interests to give to the other.  On March 7, the Mayor received a letter from Chancellor Moeser stating several specific requests related to the University development plans.  Among the proposals in the Chancellor’s letter was a proposal to eliminate floor area restrictions and site plan review requirements for the main campus.

On March 26, the Council reviewed a package of materials regarding University development issues.  Following this discussion and further discussion on April 9, the Council authorized the transmittal of a Town statement to the Chancellor, suggesting new ways for the Town and University to work together on development and fiscal issues.

On April 18, the Mayor’s Committee met with the Chancellor to review work on a draft new zoning district, and to set a process in motion to discuss fiscal issues.

On April 23, the Council adopted a resolution endorsing a proposed schedule of action, including setting the date for tonight’s public hearings on a proposed new zoning district, and on a proposed rezoning for the main campus.  According to the proposed schedule of action, the Council would act on the proposed OI-4 zoning district and the proposed rezoning of the Central Campus to OI-4 on July 2.  If the new zoning district were to be adopted on July 2 and applied to the main campus, then on or after July 3, the University would submit a Development Plan, which would be considered by the Planning Board and the Town Council in early fall.

On May 7, the University submitted a map showing the areas for which UNC sought to achieve a rezoning.    The next day, May 8, approximately 1,100 notices were mailed to property owners within 1,000 feet of the area proposed for rezoning, including a map illustrating the area proposed for rezoning.

On May 24, the Mayor’s Committee met with the Chancellor to review a final draft of a proposed new OI-4 zoning district (attached here, and the subject of tonight’s first public hearing).   On June 6, the Planning Board met to review the proposal for a new district (as summarized below), and also to consider the proposal to apply this new district to the main campus (as described in an accompanying memorandum for tonight’s second public hearing). 

The remainder of this memorandum discusses the new proposed zoning district, and offers recommendations from the Planning Board and the Manager.

DISCUSSION OF NEW ZONING DISTRICT PROPOSAL

We note that previous Council discussions have highlighted the fact that current development regulations would limit additional development on UNC’s main campus to less than 300,000 square feet of floor area for new facilities; previous discussions have also highlighted UNC’s plans for several million new square feet of floor area, as contained in a Master Plan recently adopted by the UNC Board of Trustees.  There has also been discussion of the recently successful State-wide bond referendum that will provide funding for much of this proposed development.

In the context of these facts, we have proposed working collaboratively with UNC officials and staff to design a new zoning district that could be applied to the main campus.  We have regularly reported to the Council on our progress on this task, and offer tonight a draft OI-4 zoning district that seeks to strike a balance in allowing additional development on the main campus, while concurrently addressing the impacts that would accompany additional growth.

We recommend creation of a new office/institutional zoning district. The new zoning district is proposed to be called Office/Institutional-4.  It has been developed cooperatively with the University staff to establish procedural and substantive standards for the Town Council’s review and approval of development on large tracts of land where the predominant use is to be college, university, hospital, clinic, public cultural facilities and related functions.  

The objective of the proposed district is to allow for growth and development while protecting the community and environment from adverse impacts accompanying major new development.  A key feature of the proposed district is the preparation of a Development Plan that would allow the property owner and the community to understand specifically what levels of development are being proposed, and what impacts would likely accompany the development, so that mitigation could be designed and implemented.

The Development Ordinance presently includes three office/institutional zoning districts:

A draft Ordinance establishing the proposed Office/Institutional-4 district is attached.

Also attached are a set of draft guidelines describing how standards and application submittal requirements might be configured for a Development Plan.  Attached are guidelines for Transportation Analysis, Stormwater Management, and standards for noise and light impacts. 

We believe that the draft ordinance and accompanying guidelines would address and accomplish the objectives that have been articulated by the Town Council.

RECOMMENDATIONS

Planning Board Recommendation:  At the June 5 Planning Board meeting, the Board voted 7-1 to recommend that the Council adopt the new OI-4 zone, with the following changes:

  1. Add language to Section 16.1, “Purpose and Intent,” to indicate that one of the purposes is to protect the larger community and nearby neighborhoods.  Specifically, change the second paragraph of Section 16.1 to read as follows (additions in italics):  “The objective of this Article and the OI-4 district is to allow for growth and development while protecting the larger community, nearby neighborhoods, and environment from impacts accompanying major new development.  A key feature of this district is the preparation of a Development Plan that would allow the property owner, immediate neighbors, and the larger community to understand specifically what levels of development are being proposed, and what impacts would likely accompany the development, so that mitigation measures can be designed and implemented.”

Staff Comment:   We believe that the proposed change is reasonable.    We intend to incorporate this change in the next version of the ordinance, which will come to the Council on July 2.

  1. Add the word “net” to Section 16.4,  regarding not counting new residential development as floor area, so that the exemption is for “net new residential development.”

Staff Comment:  We do not recommend adding the word “net” to Section 16.4.  We note that a development plan will propose building or removing housing, and if the Council approves the Development Plan, that set of activities will be permitted.  We continue to believe that there should be no regulatory obstacle in the form of floor area restrictions for construction of new housing of any kind.

  1. The Board asked for clarification regarding whether the public hearing referred to in Section 16.7.2 is a quasi-judicial hearing.

Staff Comment:  We believe that it would be desirable to add this clarification in the proposed ordinance.We note that the intent of the public hearing referred to in Section 16.7.2 was to conduct the same type of hearing that takes place for consideration of a Special Use Permit application.  For Special Use Permits, the Development Ordinance describes the nature of a public hearing as follows:  “The Public Hearing shall be open to the public and all interested persons shall be given the opportunity to present evidence and arguments and to ask questions of persons who testify. The Council may place reasonable and equitable limitations on the presentation of evidence and arguments and the cross‑examination of witnesses to avoid undue delay. All persons who intend to present evidence at the public hearing shall be sworn.”  We intend to incorporate this change in the next version of the ordinance, which will come to the Council on July 2.

  1.  The Board asked for review whether the conjunction in Section 16.7.3 should be “and” or “or”. 

Staff Comment:  We believe that the Planning Board was correct in its belief that the conjunction separating items (i) and (ii) in Section 16.7.3 should be “or.”  We intend to incorporate this change in the next version of the ordinance, which will come to the Council on July 2. 

Please refer to the attached Summary of Planning Board Action for further discussion. 

Manager’s Preliminary Recommendation:  We recommend adoption of Ordinance A, which would amend the Development Ordinance creating a new, office/institutional zoning district, with changes to Sections 16.1 (Purpose and Intent), 16.7.2 (nature of public hearing), and 16.7.3 (changing “and” to “or”) as recommended by the Planning Board, discussed above.

ATTACHMENTS

1.      Ordinance A (p. 5)

2.      Summary of Planning Board Action (p. 13).

3.      Draft Transportation Impact Analysis Guidelines (p. 14).

4.      Draft Stormwater Management Performance Standards (p. 24).

5.      Draft Noise and Light Performance Standards (p. 28).


 

ATTTACHMENT 1

ORDINANCE A

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE TO CREATE A NEW, OFFICE/INSTITUTIONAL ZONING DISTRICT

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendments to the Chapel Hill Development Ordinance creating a new office/institutional zoning district, and finds that the amendments are appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieve the purposes of the Comprehensive Plan;

NOW, THEREFORE, BE IT ORDAINED as follows:

                                                                     SECTION I

AMEND Subsection 3.1.4 of the Chapel Hill Development Ordinance to read as follows:

3.1.4          Office/Institutional - 3 District (0I-3) and Office/Institutional-4 (OI-4)

                  The Office/Institutional - 3 (0I-3) and Office/Institutional-4 districts are intended to provide for major educational, research, public service, and office uses, and their necessary support functions, while minimizing conflicts with adjacent land uses.

                                                                    SECTION II

AMEND Subsection 11.2.2 of the Chapel Hill Development Ordinance to read as follows:

11.2.2        Applicability

The provisions of this Article shall not apply to:

(a)    trees, vegetation and land disturbing activity normally associated with the landscaping, construction or modification, or occupancy of any existing or proposed single-family or two-family dwelling on an individual lot smaller than 5 acres, unless the property owner voluntarily registers a rare or specimen tree as described in 11.6.4, provided, however, that Section 11.5 of this Article shall apply to all public and private lands within the Town and its extraterritorial jurisdiction;

(b)    land in the Town's Office/Institutional-3 or Office/Institutional-4 zoning districts, provided, however, that Section 11.5 of this Article shall apply to all public and private lands within the Town and its extraterritorial jurisdiction;

(c)    routine maintenance of existing vegetation outside the public right‑of‑way, such as pruning, watering and fertilizing;

(d)    the removal of dead trees and shrubs, or trees and shrubs that have been diagnosed and determined to be diseased beyond treatment, the burden of proof being placed on the remover;

(e)    the removal of soil or vegetation from undeveloped land to allow for noncommercial open space no greater than 1/4 acre, providing this activity does not take place within the critical root zone of any rare or specimen tree.

SECTION III

ADD a new Article 16 of the Chapel Hill Development Ordinance to read as follows:

  

ARTICLE 16:  OFFICE/INSTITUTIONAL-4 ZONING DISTRICT

16.1     Purpose and Intent

The purpose and intent of the Office/Institutional-4 District (OI-4) is to establish procedural and substantive standards for the Town Council’s review and approval of development on large tracts of land where the predominant use is to be college, university, hospital, clinics, public cultural facilities, and related functions.

The objective of this Article and the OI-4 district is to allow for growth and development while protecting the community and environment from impacts accompanying major new development.  A key feature of this district is the preparation of a Development Plan that would allow the property owner and the community to understand specifically what levels of development are being proposed, and what impacts would likely accompany the development, so that mitigation measures can be designed and implemented.

16.2     Overview of Development Review Procedure

 

Procedures in this zoning district are designed to facilitate:

·        Articulation of development plans that involve multiple buildings in multiple locations over an extended time period on a given tract of land, as defined in a Development Plan;

·        Identification of total infrastructure needs for such proposed development as specified in a Development Plan and cumulative impacts resulting from full development as specified in a Development Plan; and

·        Provision of measures to mitigate the negative impacts, including off-site construction of parking decks as described in Section 16.3.2, phased in a manner appropriate with the pace of construction.

To this end, owners of property zoned OI-4 are encouraged to prepare detailed Development Plans, as described below, for review and approval by the Town Council.  For buildings that are included in an approved Development Plan, Site Development Permits for individual buildings are to be issued by the Town Manager, following a determination by the Manager that such individual building plans are generally consistent with the Council-approved Development Plan.

For development proposed within an OI-4 zoning district that is not included in a Council-approved Development Plan, but is a minor change according to the provisions of Section 16.9, the Town Manager may approve a change to the Development Plan and issue a Site Development Permit. For development proposed within an OI-4 zoning district that is not included in a Council-approved Development Plan and that cannot be considered a minor change to the Plan according to Section 16.9, such development shall be considered to be a Special Use, and subject to the Special Use Permit procedural requirements of Article 18. In the alternative, the applicant may apply to the Town Council for an amendment to the Development Plan.

16.3     Development Plan

A Development Plan shall address issues such as general location and size of new facilities, parking, utilities, stormwater management, impervious surface, and access/circulation.  A Development Plan shall identify the general location, size, and proposed uses of buildings.  A Development Plan shall project anticipated impacts on streets, water and sewer facilities, stormwater runoff, air quality, noise, and lighting.

16.3.1  Submittal Requirements

Application submittal requirements shall include the following:

(a)   Specific descriptions of proposed development with building locations, building sizes, parking arrangements, and description of building heights with consideration of impact on adjacent areas.

(b)  Analysis of impacts resulting from proposed development, along with options to mitigate impacts relating to:

(i)     Transportation Management (traffic, transit, parking, bikes, pedestrians, air quality);

(ii)   Stormwater Management Analysis (quantity and quality); and

(iii)  Noise and Lighting Analysis.

Individual effects must be evaluated in the context of the whole development plan and not in isolation.

(c)     Preliminary timetable and sequencing schedule for building construction and for related mitigation measures.

16.3.2    Off-site Components

Mitigation measures involving construction of parking decks may need to be developed outside the boundaries of the Development Plan.  Notwithstanding any other provision of this Development Ordinance, a parking deck proposed to mitigate impacts of a Development Plan, and approved by the Town Council as part of a Development Plan, may be located on a site not within the boundaries of an OI-4 zoning district.  Any such facility shall be reviewed as a Site Development Permit according to the provisions of Section 16.8.2.

16.4     Permitted Uses and Development Intensities

Permitted uses shall be identical with uses listed in the “Schedule of Use Regulations” (Section 12.3) as being permitted in OI-3, except that Place of Assembly shall be considered to be a permitted use and not a special use.  The maximum floor area allowed shall be as provided in a Development Plan that is approved by the Town Council.  Special restrictions apply in Perimeter Transition Areas (see Section 16.6).

For purposes of calculating compliance with a specified maximum floor area, the following land uses shall not be counted as floor area:  new residential development (including Dwellings and Residence Halls), and new Public Cultural Facilities.

16.5     Standards

 

Development in the OI-4 zoning district shall be designed in a manner that provides a mix of uses which are integrated, interrelated and linked by pedestrian ways, bikeways, and other transportation systems.  Development Plans shall, as practical and consistent with applicable laws and regulations, include measures to encourage reduction of automobile use and promote alternative modes of transportation; to mitigate adverse environmental impacts; to promote conservation of non-renewable energy resources; and to achieve visual continuity in the siting and scale of buildings.  Specifically, a Development Plan shall address the following:

(a)  Noise:  Noise levels from development proposed in the Development Plan shall not exceed those allowed by the Town of Chapel Hill Noise Ordinance. 

(b)  Environment:  Development proposed in the Development Plan shall minimize impacts on natural site features, and be accompanied by measures to mitigate those impacts. 

(c)  Transportation:   Development proposed in the Development Plan shall be accompanied by measures to mitigate transportation impacts that are caused by the development.  

(d)  Stormwater Management:  Development proposed in the Development Plan shall be accompanied by measures to mitigate stormwater impacts (quantity and quality) that are caused by the development.

 

(e)  Public Utilities:  There shall be a general demonstration that water, sewer, and other needed utilities can be made available to accommodate  development proposed in the Development Plan.

16.6     Perimeter Transition Areas 

A Development Plan shall designate a Perimeter Transition Area establishing appropriate standards at borders of the Development Plan, necessary to minimize impacts of development proposed in the Development Plan on adjacent property, to be approved by the Town Council as part of the Development Plan.  Standards shall address: 

(i)                  Screening mechanical equipment

(ii)                Exterior lighting

(iii)               Height limits

(iv)              Landscaping

16.7     Procedures for Approval of Development Plans

Applications for a Development Plan, Special Use Permit, or Site Development Permit shall be filed with the Town Manager.

16.7.1  Application Submittal Requirements

The Town Manager shall prescribe the form(s) of applications as well as any other material he may reasonably require to determine compliance with this article. 

16.7.2  Process for Review

Applications for Development Plan approval shall be reviewed by the Planning Board and forwarded to the Town Council for consideration at a public hearing.  Town Council action on an application for Development Plan approval shall occur within 90 days of the date of submittal of a complete application.  

16.7.3  Council Action

The Town Council shall approve a Development Plan unless it finds that the proposed development would not:

(i)                  Maintain the public health, safety, and general welfare; and

(ii)                Maintain the value of adjacentproperty.

Town Council action shall be to:

(a)    Approve;

(b)    Approve with conditions; or

(c)    Deny.

16.8     Actions After Decision on Development Plan

16.8.1    Recording Approval

If the application for approval of a Development Plan is approved or approved with conditions, the Town Manager shall issue the approval in accord with the action of the Council.  The applicant shall record such approval in the office of the County Register of Deeds.   The Development Plan, including all conditions attached thereto, shall run with the land and shall be binding on the original applicant as well as all successors, assigns, and heirs.

16.8.2  Individual Site Development Permits

If the Development Plan is approved, or approved with conditions, the Town Manager may then accept applications for individual Site Development Permits for specific buildings that are described in the Development Plan.  No work on a building identified on the Development Plan may begin until a Site Development Permit has been issued.  The Town Manager shall prescribe the form(s) of applications as well as any other material he may reasonably require to determine compliance with the Development Plan.  If the Manager finds that the application is consistent with the Development Plan, he shall approve the application and issue the Site Development Permit within 15 working days of the submittal of a complete application.  If the Manager finds that the application

is not consistent with the Development Plan he shall deny the application within 15 working days of the acceptance of the application and refer the applicant to the Special Use Permit process described in Article 18.  Alternatively, the applicant may apply for an amendment to the Development Plan. 

16.8.3  Expiration, Abandonment, Revocation of Development Plan

If an application for a Site Development Permit pursuant to an approved Development Plan has not been submitted to the Town Manager within two (2) years of the date of approval of the Development Plan, the approval shall automatically expire.  On request by the holder of an approved Development Plan, the Council shall approve the abandonment of the Plan if it determines that no subsequent development approvals have been granted and no construction activity has taken place pursuant to the Development Plan.  If material conditions of a Development Plan are violated, and remain in violation after giving the property owner a reasonable amount of time to correct such violation, the Council may revoke the Plan after notification to the property owner and opportunity for property owner response at a public meeting of the Town Council.

16.9    Process for Amending Development Plan

The Town Manager is authorized to approve minor changes and changes in the ordering of phases in an approved Development Plan, as long as such changes continue to be in compliance with the approving action of the Council and all other applicable requirements, and result in a configuration of buildings that is generally consistent with the approved Development Plan.  The Town Manager shall not have the authority to approve changes that constitute a modification of the Development Plan.

Before making a determination as to whether a proposed action is a minor change or a modification, the Town Manager shall review the record of the proceedings on the original application for the Development Plan and any subsequent applications for modifications of the Development Plan, and shall use the following criteria in making a determination:

(a)    A change in the boundaries of the Development Plan approved by the Council shall constitute a modification;

(b)    A substantial change in the floor area or number of parking spaces approved by the Council shall constitute a modification.  (General rule:  more than a 5% increase in overall floor area or parking in a Development Plan approved by the Council would be considered substantial.);

(c)    Substantial changes in pedestrian or vehicular access or circulation approved by the Council shall constitute a modification.  (General rule:  changes that would affect access or circulation beyond the boundaries of a Development Plan would be considered substantial.); and

(d)    Substantial change in the amount or location of open areas approved by the Council shall constitute a modification.

If the proposed action is determined to be a modification, the Town Manager shall require the filing of an application for approval of the modification, following procedures outlined in this Article for initial approval of a Development Plan. 

SECTION IV

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

                                                                    SECTION V

That these amendments shall become effective upon adoption.

This the ___ day of July, 2001.


Insert Signed Summary of Planning Board Action


                                                                                    Attachment 3

 

Final Draft (5/23/01)

 

TRANSPORTATION IMPACT ANALYSIS GUIDELINES

for development and redevelopment in the

OFFICE/INSTITUTIONAL- 4 (OI-4) ZONING DISTRICT

This document represents a common understanding of Town and University officials regarding what will be expected and accepted as fulfilling the requirements of section 16.3.1 of the Development Ordinance for information on Transportation Management to be submitted as part of a Main Campus Development Plan.

PURPOSE

A Transportation Impact Analysis for a Development Plan shall be submitted to the Town of Chapel Hill by the University of North Carolina at Chapel Hill in accordance with the requirements of the Town’s Office/Institutional-4 (OI-4) Zoning District regulations.  The purpose of the Transportation Impact Analysis is to provide updated data that allows identification of transportation impacts and mitigation measures associated with a Development Plan, along with an implementation and monitoring plan for identified mitigation measures.  The analysis would also identify the extent of the University’s contribution to and responsibility for mitigating transportation impacts.  Elements to be addressed, as part of the analysis shall include motorized traffic, transit, parking, bicycle and pedestrian traffic, and associated air quality issues.

SCHEDULE

The Initial Transportation Impact Analysis shall be submitted with the Development Plan.  An Updated Transportation Impact Analysis shall be submitted in December 2001.  Subsequent updates shall be submitted in December 2003 and 2005 (referred to as Biennial Updates).

No new data shall be collected for the Initial Transportation Impact Analysis that accompanies the Development Plan.  The Initial Transportation Impact Analysis shall rely on existing data only.  Where reasonably current data are available, the University shall use said data to make current estimates of the required data.

Collection of new data as described under Methodology shall be undertaken for the December 2001 submission of the Updated Transportation Impact Analysis and subsequent Biennial Updates.  This data shall be collected in September/October of the applicable year. 

The Transportation Management Plan shall be undertaken every three years because of the length of time required to construct and occupy projects within the Development Plan.  The first Transportation Management Plan shall be submitted in December 2001, and the second submitted in December 2004.

Depending on the results of the data and the associated analyses, the University and Town may agree that some data collection and associated analyses may be eliminated or added for Biennial Updates.

 

METHODOLOGY

A.         Initial Submittal (to accompany Development Plan)

The following methodology and procedures shall be applied in developing the Initial Transportation Impact Analysis for each submitted Development Plan, and they shall take precedence over the Proposed Guidelines for Traffic Impact Analysis, Town of Chapel Hill, North Carolina (May 2001).

1.         A map showing the location of proposed projects included in the Development Plan shall be prepared.  The site of each proposed project shall be numbered so that it can be associated with its specifications that shall be described in a separate table (see Item A2).

2.         A table for each project site and the totals for all proposed projects shall be prepared including the following data:

·         A project number that corresponds to the map described in Item A1.

·         The name of the project.

·         The date construction is anticipated to commence.

·         If a building, the date the building is anticipated to be occupied.

·         Whether the building is a new facility, adds additional space to an existing building, is a renovation, or is a replacement of an existing facility.

·         Gross square feet (GSF) of the proposed building.

·         Net assignable square feet of the building

·         Brief description of the general use of the building(s) (e.g., office, research facility, classroom, housing, etc.).

·         Estimated number of employees planned to occupy the building.

·         If applicable, estimated number or other occupants, e.g., students, theater patrons, patients.

·         A description of any existing buildings or other activities on the proposed project site so that net transportation impacts can be ascertained.

·         The origin of the employees and other occupants of the proposed building, specifically whether they are currently located in other buildings within the Development Plan area or are new to the Development Plan area.

·         A general conclusion on whether the proposed project for that site has the potential to increase transportation demands in the Development Plan area.  

5.      An additional table shall be prepared that includes only those projects from Item A2 that have the potential to increase or redirect transportation demands in the Development Plan area.  This table shall include the following data for each of those projects and the totals for all proposed projects:

·         A project number that corresponds to the map described in Item A1.

·         The name of the project.

·         Gross square feet of the proposed building.

·         Brief description of the general use of the building, e.g., office, research facility, classroom, housing.

·         Estimated number of employees planned to occupy the building.

·         If applicable, estimated number or other occupants (e.g., students, theater patrons, patients).

·         The appropriate code for the type of building use, as defined in the most current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual.

·         The A.M. and P.M. peak hour and daily (24-hour weekday) traffic generation estimates from the Trip Generation Manual, or other available sources if the University can provide a more accurate estimate of traffic generation.  Where the necessary data is available, the trip generation shall be calculated in two ways: based on GSF and based on number of employees.  The purpose of these estimates is to provide baseline traffic data for the hypothetical situation where no traffic mitigation strategies are implemented.

·         Corresponding estimates of the generated person trips.

4.         Existing 24-hour traffic counts (where possible summarized hourly and by direction) shall be estimated where reasonably current data are available for the following roadways (exact locations to be agreed on by the Town and the University):

·         Manning Drive (two locations)

·         South Columbia Street (two locations)

·         Pittsboro Street

·         Cameron Avenue (two locations)

·         South Road (two locations)

·         Ridge Road

·         Country Club Road

·         Raleigh Street

This information shall be shown on a map.

5.         Existing A.M and P.M. peak hour turning movement counts (where possible summarized in 15-minute increments) shall be estimated where reasonably current data is available for the following intersections:

·         Cameron Avenue/Pittsboro Street

·         Cameron Avenue/Columbia Street

·         Cameron Avenue/Raleigh Street

·         Country Club Road/South Road

·         Raleigh Street/South Road

·         Ridge Road/Manning Drive

·         South Columbia Street/South Road

·         South Columbia Street/Manning Drive

·         Manning Drive/Fordham Boulevard

·         Manning Drive/East Drive

·         Manning Drive/West Drive

·         Mason Farm Road/South Columbia Street

·         Mason Farm/East Drive

·         Mason Farm/West Drive

·         Franklin Street/Raleigh Street

·         Pittsboro Street/McCauley Street

·         Mason Farm Road/Fordham Boulevard

·         Merritt Mill Road/Cameron Avenue

This information shall be shown on a map.

6.         The count data collected in Items A4 and A5 shall be tabulated

7.         The traffic generation estimates developed in Item A3 shall be adjusted to account for proposed trip reduction strategies, with the results shown in the table.  Anticipated trip reduction strategies may include but are not limited to:

·         Park-and-Ride

·         Local and regional transit

·         Ridesharing and vanpooling

·         Bicycling

·         Walking

·         Telecommuting

·         Flextime

·         Housing

·         Parking availability and location

The impact of each of the proposed trip reduction measures shall be described and evaluated at the time of the Development Plan submission.  The descriptions shall include actions taken to date and planned programs, actions, and facilities. 

8.         Growth rates to account for increases in background traffic (unrelated to projects in the Development Plan area) between the year for which the counts described in Items A4 and A5 apply and the year the final project in the Development Plan is completed shall be applied to those counts to obtain future “no-build” traffic estimates.  The University and Town will agree on appropriate growth rates for each location.  The no-build traffic counts (peak hour and 24-hour) shall be shown on a map.

9.         A map and table showing proposed parking changes in the Development Plan area that accompany and are part of the Development Plan shall be prepared.  The table shall include a tabulation of parking losses and increases by location, and the existing and proposed allocation of that parking by type of user (student, employee, visitor).

10.       A summary of total parking in the Development Plan area by location, allocation (type of permits), use by patients/visitors, and peak occupancy shall be prepared to the degree existing data is available.  Directional hourly entering/exiting counts from existing parking decks shall be estimated from available data. 

11.       The amount of traffic generated in the A.M. and P.M. peak hours and on a typical day shall be calculated for each parking facility that is proposed for permanent addition, expansion, or elimination.  The calculations shall be based on traffic generation rates for the different types of parking facilities (employee, student, and visitor) obtained in Item A10.  This traffic shall be subtracted or added as appropriate to the Development Plan area road system by applying a traffic distribution pattern that will be determined by the University and agreed to by the Town.  This data shall be shown on a map.

12.       The no-build traffic counts estimated in Item A8 shall be modified based on the changes determined in Item A11 to obtain “build” traffic (i.e., traffic with background growth and projects in the Development Plan).  This data shall be shown on a map.

13.       To the degree available, transit data shall be summarized.  This shall include individual route transit stop boardings to be provided by Chapel Hill Transit.  The University shall provide an inventory of all existing and future proposed bus stop locations and amenities in the Development Plan area.

14.       Existing bicycle counts (preferably bi-directional hourly for a 12-hour period from 7:00 A.M. to 7:00 P.M.) shall be estimated where reasonably current data is available for the following locations (exact locations to be agreed on by the Town and the University):

·         Cameron Avenue (west of Pittsboro Street)

·         Columbia Street

·         Airport Road

·         McCauley Street

·         South Road

·         Manning Drive

15.       Existing pedestrian counts (preferably hourly for a 12-hour period from 7:00 A.M. to 7:00 P.M.) shall be estimated where reasonably current data is available for the following street crossing locations:

·         Franklin Street at the Post Office pedestrian crossing (N/S)

·         Franklin Street at the Carolina Coffee Shop pedestrian crossing (N/S)

·         Hillsborough Street/Franklin Street (N/S)

·         Columbia Street/Franklin Street (N/S, E/W)

·         Cameron Avenue/Pittsboro Street (E/W)

·         South Road/Columbia Street (N/S, E/W)

·         South Road/Bell Tower Lot entrance (N/S, E/W)

·         Manning Drive/Ridge Road (N/S, E/W)

·         Franklin Street/Church Street (N/S)

·         Columbia Street/Fraternity Court pedestrian crossing (E/W)

16.       The counts collected in Items A13, A14, and A15 shall be tabulated.

17.       Level of service (LOS) shall be calculated for existing, no-build, and build conditions at the intersections identified in Item A5 using the latest version of the Highway Capacity Manual Software, Synchro, or other similar software.  These results shall be shown in a table.

Intersections in addition to those listed in Item A5 shall be analyzed for existing, no-build, and build conditions LOS if they meet either of the following criteria:

·        The Development Plan adds 10 percent or more to the no-build traffic on any approach leg of the intersection during the A.M. or P.M. peak period where the intersection is operating at LOS C or better.

·        The Development Plan adds 5 percent or more to the no-build traffic on any approach leg of the intersection during the A.M. or P.M. peak period where the intersection is operating at LOS D or worse.

Such intersections shall be identified by applying the traffic estimates from the traffic distribution task described in Item A11 to traffic count data to be provided by the Town for intersections that the University and Town agree may potentially meet the above criteria.  If an intersection is identified as meeting the criteria, LOS analysis shall be undertaken for existing, no-build, and build conditions using available count data.

18.       Mitigation strategies for impacts identified in A17 shall be proposed to the degree feasible or practical.  Mitigation strategies may include but are not limited to:

·         Roadway improvements

·         Traffic Signal Improvements

·         Pedestrian Facility Improvements

·         Others

19.       An estimate of air pollution impacts shall be determined based on the calculated number of vehicular trips associated with the Development Plan with and without trip reduction strategies. Calculations shall include the total reduction in vehicle miles of travel (using the average vehicular trip length as ascertained from the Triangle Regional Model or other reliable sources) and generally accepted rates of emissions per vehicle mile of travel, to be agreed on by the Town and the University. 

20        The findings, methodology, supporting data and calculations (including electronic files) shall be documented in a report to be referred to as the Initial Transportation Impact Analysis. 


B.        Subsequent  Submittals (December 2001 and Biennial Updates)

The following methodology and procedures shall be applied in developing the Updated Transportation Impact Analysis and Biennial Updates for each submitted Development Plan, and they shall take precedence over the Proposed Guidelines for Traffic Impact Analysis, Town of Chapel Hill, North Carolina (May 2001).

1.         If applicable, the map showing the location of proposed projects described in Item A1 shall be updated.

2.                     If applicable, the table described in Item A2 shall be updated.

3.         If applicable, the table described in Item A3 shall be updated.

4.         Existing 24-hour, bi-directional hourly traffic counts shall be undertaken on the roadways specified below (exact count locations to be agreed upon by the Town and the University): 

·         Manning Drive (two locations)

·         South Columbia Street (two locations)

·         Pittsboro Street

·         Cameron Avenue (two locations)

·         South Road (two locations)

·         Ridge Road

·         Country Club Road

·         Raleigh Street

All counts shall be undertaken on a Tuesday, Wednesday or Thursday when school is in session.  The subsequent count undertaken for each location for the biennial updates shall be undertaken on the same weekday as the initial count.  This information shall be shown on a map.

5.         Existing A.M and P.M. peak hour turning movement counts shall be undertaken from 7:00 to 9:00 A.M. and 4:00 to 6:00 P.M. (in 15-minute increments) at the intersections specified below:. 

·         Cameron Avenue/Raleigh Street

·         Country Club Road/South Road

·         Raleigh Street/South Road

·         Ridge Road/Manning Drive

·         South Columbia Street/South Road

·         South Columbia Street/Manning Drive

·         Manning Drive/Fordham Boulevard

·         Manning Drive/East Drive

·         Manning Drive/West Drive

·         Mason Farm Road/South Columbia Street

·         Mason Farm/East Drive

·         Mason Farm/West Drive

·         Franklin Street/Raleigh Street

·         Pittsboro Street/McCauley Street

·         Mason Farm Road/Fordham Boulevard

·         Merritt Mill Road/Cameron Avenue

All counts shall be undertaken on a Tuesday, Wednesday or Thursday when school is in session.  The subsequent count undertaken for each location for the biennial updates shall be undertaken on the same weekday as the initial count.  This information shall be shown on a map.

6.         The count data collected in Items B4 and B5 shall be tabulated along with corresponding data collected in previous years and the percent growth (or decline) calculated and shown.   

7.         The no-build traffic data (peak hour and 24-hour) shall be projected by applying appropriate growth rates to be agreed on by the University and Town (as described in Item A8).

8.         If applicable, the map and table showing proposed parking changes in the Development Plan area as described in Item A9 shall be updated.

9.                     The summary of total parking in the Development Plan area by location, allocation (type of permits), use by patients/visitors, and peak occupancy, as described in Item A10, shall be updated.  Sample directional entering/exiting counts from each parking deck shall be undertaken on an hourly basis for a 24-hour period on a Tuesday, Wednesday or Thursday. 

10.       The amount of traffic generated in the A.M. and P.M. peak hours and on a typical day shall be calculated for each parking facility that is proposed for permanent addition, expansion, or elimination.  The calculations shall be based on traffic generation rates for the different types of parking facilities (employee, student, and visitor) obtained in Item B9.  This traffic shall be subtracted or added as appropriate to the Development Plan area road system by applying a traffic distribution pattern that will determined by the University and agreed to by the Town.  This data shall be shown on a map.

11.       The no-build traffic projected in Item B7 shall be modified based on the changes determined in Item B10 to obtain updated build traffic.  This data shall be shown on a map.

12.       Transit data shall be collected and summarized. This will include individual route transit stop boardings to be provided by Chapel Hill Transit.  The University shall provide an inventory of all existing and future proposed bus stop locations and amenities in the Development Plan area.

13.       12-hour (7:00 A.M. to 7:00 P.M.) bi-directional hourly bicycle counts shall be undertaken at the locations specified below (exact locations to be agreed upon by the Town and the University):

·         Cameron Avenue (west of Pittsboro Street)

·         Columbia Street

·         Airport Road

·         McCauley Street

·         South Road

·         Manning Drive

All counts shall be undertaken on a Tuesday, Wednesday or Thursday when school is in session.  The subsequent count undertaken for each location for the biennial updates shall be undertaken on the same weekday as the initial count.  This information shall be shown on a map.

14.                   12-hour (7:00 A.M. to 7:00 P.M.) hourly pedestrian counts shall be undertaken at the street crossing locations specified below.

·         Franklin Street at the Post Office pedestrian crossing (N/S)

·         Franklin Street at the Carolina Coffee Shop pedestrian crossing (N/S)

·         Hillsborough Street/Franklin Street (N/S)

·         Columbia Street/Franklin Street (N/S, E/W)

·         Cameron Avenue/Pittsboro Street (E/W)

·         South Road/Columbia Street (N/S, E/W)

·         South Road/Bell Tower Lot entrance (N/S, E/W)

·         Manning Drive/Ridge Road (N/S, E/W)

·         Franklin Street/Church Street (N/S)

·         Columbia Street/Fraternity Court pedestrian crossing (E/W)

All counts shall be undertaken on a Tuesday, Wednesday or Thursday when school is in session.  The subsequent count undertaken for each location for the biennial updates shall be undertaken on the same weekday as the initial count.  This information shall be shown on a map.

15.       The counts collected in Items B12, B13, and B14 shall be tabulated along with corresponding data collected in previous years and the percent growth (or decline) calculated and shown.

16.       A survey of a representative sample of University and Hospitals employees and students shall be undertaken to determine mode of travel and other travel characteristics.  The survey methodology, data collected and summary of findings shall be similar to The University Commuting Study undertaken by the University in April, 1997. 

17.              Biennial updates shall include a summary of place of residence by zip code and total employment at all University and Hospital facilities (Main Campus and other locations).

18.       The traffic generation estimates developed in Item B3 shall be adjusted to account for proposed trip reduction strategies, with the results shown in the table. 

19.       Level of service (LOS) shall be calculated for existing, no-build, and build conditions at the intersections identified in Item B5 using the latest version of the Highway Capacity Manual Software, Synchro, or other similar software.  These results shall be shown in a table.  As part of the LOS analysis, existing signal timing plans shall be modified if needed.  Additionally, progression analyses shall be conducted using the Synchro software on the major roadways associated with intersections listed in Item B5.  The detailed time-space diagrams produced by the Synchro software shall be part of this report.  

Intersections in addition to those listed in Item B5 shall be analyzed for existing, no-build, and build conditions LOS if they meet either of the following criteria:

·        The Development Plan adds 10 percent or more to the no-build traffic on any approach leg of the intersection during the A.M. or P.M. peak period where the intersection is operating at LOS C or better.

·        The Development Plan adds 5 percent or more to the no-build traffic on any approach leg of the intersection during the A.M. or P.M. peak period where the intersection is operating at LOS D or worse.

Such intersections shall be identified by applying the traffic estimates from the traffic distribution task described in Item A10 to traffic count data to be provided by the Town for intersections that the University and Town agree may potentially meet the above criteria.  If an intersection is identified as meeting the criteria, LOS analysis shall be undertaken for existing, no-build, and build conditions using available count data.

20.       The mitigation measures developed in A18 shall be reviewed and modified or adjusted as needed.

21.       An estimate of air pollution impacts developed in Item A19 shall be revised based on the calculated number of vehicular trips associated with the Development Plan with and without trip reduction strategies. Calculations shall include the total reduction in vehicle miles of travel (using the average vehicular trip length as ascertained from the Triangle Regional Model or other reliable sources) and generally accepted rates of emissions per vehicle mile of travel, to be agreed on by the Town and the University. 

22.       The findings, methodology, supporting data and calculations (including electronic files) shall be documented in a report to be referred to as the Updated Transportation Impact Analysis or Biannual Update, as appropriate.  The report shall also include an assessment of the effectiveness of the traffic mitigation strategies, and describe any proposed modifications to such strategies. 


                                                                                    Attachment 4

Final Draft (6/13/01)

STORMWATER MANAGEMENT PERFORMANCE STANDARDS

 For development and redevelopment in the

OFFICE/INSTITUTIONAL-4 (OI-4) ZONING DISTRICT
 

This document represents a common understanding of Town and University officials regarding what will be expected and accepted as fulfilling the requirements of Section 16.3.1 of the Development Ordinance for information on Stormwater Management to be submitted as part of a Main Campus Development Plan.

1.      Post-Construction Runoff Control Criteria

Development plans submitted under the OI-4 Zoning District shall employ the following stormwater management practices for land area in the Development Plan:

(i)                  TREATMENT:

(a)                Stormwater treatment shall be designed to remove 85% of Total Suspended Solids.

(b)               Stormwater treatment shall occur on the volume of post-construction runoff resulting from the first 1 inch of precipitation.

(c)                Post-development runoff conditions shall be such that either the runoff volume draws down to the pre-storm design stage within 5 days but not less than 2 days; or, the post-development discharge rate shall be no larger than the predevelopment discharge rate for the 1-year frequency, 24-hour duration storm event (3.00 inches).

(d)               Stormwater treatment shall occur prior to entering the Waters of the State.

(ii)        RATE:

The discharge rate of post-construction runoff, at all locations where stormwater runoff exits the land area in the development plan, shall not exceed the pre-development or existing conditions discharge rate for the local 2-year (3.60 inches), 10-year (5.38 inches), 25-year (6.41 inches), and 50-year (7.21 inches) frequency, 24 hour duration storm event.

(iii)               VOLUME:

(a)        Based on the USDA, Soil Conservation Service methodology for runoff depth, the post-construction volume of stormwater runoff shall not exceed the pre-development (existing conditions) volume of runoff for the 2-year frequency, 24-hour duration storm event (or 96% of the rainfall that statistically would occur in a 100-year period based on the record data) at locations where stormwater exits the OI-4 Zoning District. This may be achieved by hydrologic abstraction, recycling and/or reuse, or any other accepted scientific method.  

(b)        The University is currently undertaking a stormwater improvement plan that is intended to implement projects that reduce the volume and rate of runoff from existing campus development.  This plan will assure that no increase in volume will be generated from the UNC main campus following new development.

(iv)       Stormwater management and treatment practices shall comply with all applicable Federal and State regulations, and revisions thereof.

2.      Best Management Practices Standards

(i)                   At a minimum, any structural best management practice(s) for sedimentation and erosion control, post-construction stormwater treatment, and discharge rate control shall be designed, constructed and maintained in accordance with applicable federal and state design, construction and maintenance requirements.

(ii)                 The Development Plan may implement any structural or non-structural best management practice to manage stormwater runoff in accordance with the post-construction runoff control criteria.

(iii)                These standards are subject to any applicable revision(s) to Federal or State regulations.

3.   Site Development Permit Application Procedures

(i)                  As a part of the Development Plan, the following procedures apply for individual Site Development Permits: 

(a)        Design(s) for all structural best management practices associated with a Site Development Permit shall be sealed by a Professional Engineer, licensed in the State of North Carolina, with demonstrable expertise in stormwater management engineering practices.

(b)        All applications to the Town for a Site Development Permit shall include a signed and sealed letter from a Professional Engineer indicating the locations in the drainage area (see attached map) and the methodologies of how stormwater management measures associated with the permit application will meet or exceed the performance standards described herein as part of an approved Development Plan.

(c)        Post-construction runoff control measures, utilizing best management practices, shall be installed coincident with or prior to Site Development Permit activities.

4.   Monitoring

(i)                 Outfall monitoring by the University shall occur periodically as described in a, b, c, and d below.  The types of monitoring will include stream gauge or stream flow data collection, visual inspection, and/or benthic sampling depending on the location. The data will be used as baseline information for ongoing system response analysis.

(a)        Meeting of the Waters outfall: A stream/rain gauge will collect and measure precipitation, stream flow, selected ambient water chemistry and stormwater data. Benthic sampling will be conducted at a minimum every 6 months, based on appropriate scientific methodologies.

(b)        Morgan Creek outfall: Visual inspections will occur quarterly at the outfall behind the south chiller. These inspections will monitor and report physical conditions including channel stability, scour, sedimentation, or any other physical characteristics associated with stormwater runoff exiting the tract.

(c)        Battle Branch outfall: Visual inspections will occur quarterly at a selected location where the stream becomes clearly defined below the confluence with its tributaries. The same visual monitoring methodology will be used as described in (b) above.

(d)        Bolin Creek outfall(s): Visual inspections will occur quarterly at appropriate inlet locations along the tract boundary and Franklin Street. The inspections will monitor for sedimentation and/or debris buildup.

(ii)  The University will store the information collected, according to the above monitoring procedures and will provide the data to the Town upon request.

5.  Definitions

Redevelopment – Any real estate parcel or portion thereof where development has previously occurred and further development takes place.  (See Development as defined in the Town of Chapel Hill Development Ordinance.)

Stormwater Treatment - The management of stormwater runoff through engineered structural and/or non-structural best management practices designed to meet or exceed required North Carolina Division of Water Quality water quality performance standards.

 

Structural Best Management Practices - Facilities designed to provide stormwater treatment to remove pollutants from non-point source runoff through physical removal and settling, filtering, chemical reaction, and/or bio-chemical transformation.

Non-structural Best Management Practices - Regulations, programs and practices designed to reduce or eliminate pollutants in stormwater runoff.

Waters of the State - Any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway, or other body or accumulation of water, whether surface or underground, public or private, or natural or artificial, that is contained in, flows through, or borders upon any portion of this state, including any portion of the Atlantic Ocean over which the state has jurisdiction. (G.S. 143-212 (6))*

*A precedent has been established by the NCDWQ defining “Waters of the State” as blue-line streams shown on the USGS quadrangle maps or soil survey maps.

 

Post-Construction Runoff - Stormwater runoff as a result of re-development or development activities.

Hydrologic Abstraction - The reduction of total rainfall to effective rainfall through runoff interception, infiltration, surface storage, evaporation and/or evapotranspiration.


                                                                                                                        Attachment 5

Final Draft (5/23/01)

NOISE AND LIGHT PERFORMANCE STANDARDS

for development and redevelopment in the

OFFICE/INSTITUTIONAL-4 (OI-4) ZONING DISTRICT

This document represents a common understanding of Town and University officials regarding what will be expected and accepted as fulfilling the requirements of Section 16.3.1 of the Development ordinance for information on Noise and Light Management to be submitted as part of a Main Campus Development Plan. 

Purpose

These standards are intended to establish maximum acceptable noise and light impacts on property* outside of the OI-4 Zoning District which result from development and redevelopment associated with an approved Development Plan.

Noise Standards

Noise levels on property* outside of the OI-4 Zoning District and resulting from development and redevelopment associated with an approved Development Plan shall not exceed noise levels allowed by the Town of Chapel Hill Noise Ordinance as established at the time the development or redevelopment receives final Town approval under Article 16 of the Development Ordinance.

Each application for a Site Development Permit associated with an approved Development Plan must include a signed and sealed letter from a Professional Engineer, licensed in the State of North Carolina and with demonstrable expertise in acoustical design and attenuation practices, certifying that any increase in measurable noise above existing pre-Development Plan noise levels on property* outside of the OI-4 Zoning District will not exceed the levels allowed in the Noise Ordinance.

Light Standards

Design Requirements:  All lighting, including that used in and around buildings, recreation areas, parking areas, walkways, roadways, and signs shall be designed to minimize spillover of light onto property* outside of the OI-4 Zoning District.  Lighting shall also be designed to prevent glare that could impair vision and/or otherwise deteriorate normally accepted qualities and uses of property* outside of the OI-4 Zoning District.

Standards:  The following standards apply to new lighting associated with an approved Development Plan.

Outdoor lighting, except sports and athletic field lighting, shall be mounted at heights no greater than fifteen (15) feet for non-cutoff lights; and no greater than thirty-five (35) feet for cutoff lights.

Lighting for sports and athletic fields must include glare control features and must be designed so that primary illumination is directed onto the play area and immediate surroundings, and such that offsite illumination/glare is restricted.

Increases in illumination on property* outside of the OI-4 Zoning District shall not result in lighting levels in excess of 0.3 foot-candles, measured at ground level.  On property* outside of the OI-4 Zoning District, where existing ambient lighting levels are in excess of 0.3 foot-candles, no increase in measurable lighting levels will be allowed as result of an approved Development Plan.  

Submittals:  Each application for a Site Development Permit shall include a lighting plan that shows existing and proposed lighting fixture types and locations.  The plan shall indicate, by isolux contour diagram and grid points, the measured and calculated pre-development and post-development foot-candles at grade both on the development site and on property* outside of the OI-4 Zoning District where lighting impacts are expected.  The lighting plan must be sealed by a Professional Engineer licensed in the State of North Carolina and with demonstrable expertise in lighting design and mitigation strategies.

*These Noise and Light Standards shall not be enforced and need not be met on property outside of the OI-4 Zoning District that is in the same ownership as property within the OI-4 Zoning District.


Mailing List for DOTA and ZAA:

Linda Convissor

Facilities Planning and Design

UNC-CH

CB #1090

Chapel Hill, NC 27599

Jonathan Howes

Community Relations

UNC-CH

CB#6225

Chapel Hill, NC 27599-6225

Anita and Richard Wolfenden

1307 Mason Farm Road

Chapel Hill, NC 27514

Ken Broun

414 Whitehead Circle

Chapel Hill, NC 27514

Kimberly Brewer

305 Purefoy Road

Chapel Hill, NC 27514

(Check with Than for others)