AGENDA #4
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing: Eastowne 501 Office Building – Application for Special Use Permit
DATE: October 17, 2001
INTRODUCTION
An application seeking approval of a Special Use Permit has been filed by James P. Baker, Jr. and partners to allow construction of a 2-story office building with 36,709 square feet of floor area. The site is located at the corner of Old Sterling Drive and Eastowne Drive, with Providence Road to the north.
Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of this application, and further to receive evidence which the Council may consider as it determines any appropriate conditions to impose upon the proposed development.
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This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
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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.
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 C provides a format for determining the definition of contiguous property for this application.
The site is approximately 3.8-acres located at 501 Eastowne Drive at the corner of Old Sterling Drive. The property also has frontage on Providence Road to the north. To the west of the property is the Notting Hill Apartments and to the south the Pinegate Apartments. The site is located in the Office/Institutional-2 zoning district.
Existing Conditions: The northeast portion of the 3.8 acres slopes toward the southwest, at an average slope of about 12%. Runoff from the property sheet flows into a drainage way that generally follows the southern property line. The eastern portion of the site contains the steepest slopes with up to 30% in some places. The toe of the slope harbors several significant trees. Among the notable trees are a tulip poplar with a double trunk measuring 50-inch diameter at breast height (dbh), a 42-inch sycamore, and a 30-inch pine. The site is a mixture of pine trees and hardwoods of varying ages. Most of the significant trees are clustered to the west near the bottom of the slope and the Resource Conservation District.
Development Description: This Special Use Permit application proposes construction of an office building that would consist of a total of 36,709 square feet of floor area. Half of the square footage, 18,354 square feet, is proposed to be general office space and 18,355 square feet is proposed for medical clinic space. The primary exposure of the building is designed to face Eastowne Drive.
Entrances to the building are proposed on the north and south sides of the building. The entrance proposed on Providence Road provides access to the upper story of the building. The driveway wraps around the building descending in elevation from Providence Road to Old Sterling Drive. The second entrance to the building is proposed from the parking lot at the lower level on the east side of the building. Internal site sidewalks serve as pedestrian links joining the parking areas to the building and joining the site’s pedestrian circulation to the public sidewalk system that surrounds the perimeter of the street frontage. Parking spaces are proposed along the internal access drive as it circulates around the building. The nature of the sloping site allows for parking under the building with a minimum of grading. Eighteen parking spaces for cars as well as 13 spaces for bicycles are proposed under the building.
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, buffers and landscaping, parking lot shading, access and circulation, parking, traffic impact, building elevations, stormwater management, refuse management, utilities, fire safety, and erosion control. A checklist describing compliance with regulations is also provided as an attachment to this memorandum.
Based on our evaluation, our preliminary recommendation is that the application as submitted, complies with the regulations and standards of the Development Ordinance and Design Manual with the conditions in Resolution A. We believe the proposal fulfills the purposes of the Comprehensive Plan.
Tonight the Council receives our attached evaluation, and also receives information by the applicant and others. The applicant’s materials are included as attachments to this memorandum. We have not received any other written information from any other citizens as yet. Staff, applicant, and others may provide information at the Public Hearing. All information that is submitted will be placed into the record of this Public Hearing.
Based on the evidence that is accumulated, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit. The four findings are:
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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 tonight’s 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.
Based on the review of this development application by Town advisory boards and the Town staff, we believe two key issues have been identified. These issues are further discussed as follows:
Traffic Related Issues:
Traffic Signal: At the recommendation off the Planning board, we have included in Resolution A stipulation to require that the cost of the future installation of a traffic signal at the intersection of Sage Road and Erwin Road be shared by this development based on the forecasted proportion of traffic generated by this project at the intersection.
The traffic at the Old Sterling and Sage Road intersection is predicted to be significantly impacted by projects slated for this area but not yet built. It is probable that once commuters have settled into their routines, Old Sterling and Sage Road will serve to relieve some of the congestion at the two Eastowne/15-501 intersections during the AM and PM peak-hour and create more congestion at the Sage/Erwin and Sage/15-501 intersection. As these projects are occupied, a traffic signal may be warranted at the Sage/Erwin intersection.
Staff Comment: We recommend a proportional payment-in-lieu for installation of a traffic signal at the Sage/Erwin Roads intersection, not to exceed $1,500. This payment amount is based on the proportional 2.5% traffic impact of the proposed development at the Sage Road/Erwin Road intersection at peak hour, as applied to the estimated cost of a traffic signal. The impact fee formula is as follows: proportion of traffic impact x estimated signal cost = impact fee (2.5% x $60,000 = $1,500). We recommend that the payment be refunded, if unused, 5 years from the date of the last Certificate of Occupancy.
Bus Stop: At the recommendation of the Transportation Board, we have included a stipulation in Resolution A that an additional bus stop be provided on Old Sterling Drive.
Staff Comment: We recommend no change to the current bus stop on Providence Road, which consists of a bus stop sign adjacent to the public sidewalk on the west side of Providence Road. The applicant proposed improving this Providence Road bus stop. However, the Transportation Board has suggested, and we concur that the greater need for an improved bus stop is on Old Sterling. Accordingly, we recommend that a new stop be added on Old Sterling Drive west of the proposed driveway. We recommend that a shelter with seating and concrete pad be constructed. Internal sidewalks connect to the public sidewalks to make this stop convenient to this development.
Retaining Wall: We have included in Resolution A a stipulation that would require redesigning of the proposed retaining wall located at the northwestern corner of the parking lot.
Staff Comment: We recommend that the proposed masonry retaining wall be redesigned to reduce impact to the critical root zone of the poplar tree growing at the base of the proposed retaining wall. We believe this adjustment will better accommodate the critical root zone of the rare poplar tree (50” dbh). We recommend that the wall be redesigned to be parallel with the edge of the dumpster pad, rather than continuing the arc, and we recommend that associated tree protection fencing be adjusted to permit the redesigning of the wall.
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.
Following is a brief outline describing the next steps in the development review process, should the Council approve the Special Use Permit:
1. Applicant accepts and records a Special Use Permit, which incorporates the terms of the Council-adopted resolution;
2. Applicant submits detailed Final Plans and documentation, complying with Council stipulations. Information is reviewed by Town departments and the following agencies:
3. Community Design Commission reviews and approves building elevations and site lighting plan.
4. 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.
5. Engineering Department issues an Engineering Construction Permit, authorizing work within the public right-of-way; and
6. Inspections Department issues Building Permits and Certificates of Occupancy.
Recommendations are summarized below.
Planning Board Recommendation: The Planning Board reviewed this application on August 7, 2001, and voted 7-0 to recommend that the Council approve Resolution A with the addition of the following stipulation: that the applicant provide a proportional payment-in-lieu for installation of a traffic signal at the Sage Road/Erwin Road intersection. Please see the attached Summary of Planning Board Action.
Staff Comment: We note that a recently approved development at Sage Road and Old Sterling Drive was required to provide a proportional payment-in-lieu for future installation of a traffic signal at the Sage/Erwin Roads intersection. We believe that it is appropriate to recommend that other developments generating increased traffic at this intersection contribute to the cost of the traffic signal. The Traffic Impact Statement performed for the 501 Eastowne Office Building noted increased traffic generation from this proposal at the intersection. We have added a stipulation to Resolution A recommending a proportional payment-in-lieu for a traffic signal at the intersection of Sage Road and Erwin Road.
Transportation Board Recommendation: The Transportation Board reviewed this application on August 7, 2001, and voted 6-0 to recommend that the Council approve Resolution A with the following change: that a bus stop be provided on Old Sterling Drive, just west of the proposed project driveway. The applicant proposed improving the existing bus stop on Providence Road at the Price Waterhouse Cooper property line. The Summary of Transportation Board Action is attached.
Staff Comment: We recommend, with Resolution A, that a new stop be established on Old Sterling Drive with shelter, seating and concrete pad instead of improving the existing stop at Providence Road.
Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on August 14, 2001, and voted 6-0 to recommend that the Council approve Resolution A. The Summary of Bicycle and Pedestrian Advisory Board Action is attached.
Community Design Commission: The Commission reviewed this application on May 16, 2001, and voted 10-0 to recommend that the Council approve Resolution A. The Commission endorsed the proposed point of ingress/egress on Old Sterling Drive and the applicant’s decreased amount of grading on the site with the revisions since the Community Design Commission’s courtesy review. The Summary of the Community Design Commission Action is attached.
Manager’s Preliminary Recommendation: Based on our evaluation of the application and information presented to date, we believe 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 these findings for approval of a Special Use Permit, we recommend that the application be approved with the adoption of Resolution A.
Resolution B would deny the application.
Resolution C would determine the definition of contiguous property for this application.
2. Checklist of Project Fact Sheet Requirements (p. 17)
3. Resolution A – Approving the Application (p. 18)
4. Resolution B – Denying the application (p. 24)
5. Resolution C – Defining Contiguous Property for this Application (p. 25)
6. Summary of Planning Board Action (p. 26)
ATTACHMENT 1
Staff Report
SUBJECT: Public Hearing: Eastowne 501 Office Building – Application for Special Use Permit
(File No. 7.26..17M; PIN # 9890-71-5045)
DATE: October 17, 2001
Attached for your consideration is an application for a Special Use Permit to allow the construction of a 2-story office building on a 3.8-acre site. The site has frontage on Old Sterling Drive, Eastowne Drive, and Providence Road. It is across Eastowne Drive from Blue Cross/Blue Shield office buildings. On the northern property line the development abuts the offices of Price, Waterhouse, Cooper. Across Old Sterling Drive to the south is Pine Gate Apartments. Notting Hill Apartments are located on the west. The site is located within the Eastowne Office Park and within the Office/Institutional-2 (OI-2) zoning district and identified as Chapel Hill Township, Tax Map 27, Lot 17M (PIN# 9890-71-5045).
The applicant has requested a Special Use Permit to construct a 2-story office building and associated parking area. The western portion of the site contains approximately 27,729 sq. ft. (.6 acres) in the Resource Conservation District. The eastern third of the site is proposed to contain a two-story office building with 18,355 sq. ft. of medical clinic space and 18,354 sq. ft. of general office space for a total of 36,709 square feet of floor area. The application proposes 131 parking spaces, of which eighteen spaces are designed for placement under the office building. Vehicular access to the site would be provided from Old Sterling Drive and Providence Road. Pedestrian access is proposed from on-site sidewalks connecting to public sidewalks at Old Sterling Drive, Eastowne Drive, and Providence Road.
BACKGROUND
This site is within the Eastowne Office Park. This site was recently incorporated into Chapel Hill’s town limits effective as June 30, 2001.
The Town staff has reviewed this application for compliance with the standards of the Development Ordinance and Design Manual and offers the following evaluation:
Existing Conditions: The undeveloped site is located at 501 Eastowne Drive, bordered by Old Sterling Drive, Eastowne Drive, and Providence Road. The site contains 165,353 sq. ft. of gross land area (3.8 acres). Resource Conservation District comprises approximately .6 acres on the western portion of the site. Two 30-foot OWASA easements cross at the western end of the property. These easements are primarily within the Resource Conservation District.
The northeast portion of the site slopes toward the southwest, from a high point of 310 feet to a low point of 280 feet above sea level, at an average slope of about 12%. Runoff from the property sheet flows into a drainage way that generally follows the southern property line. The eastern portion of the site contains the steepest slopes with up to 30% in some places. The toe of the slope harbors several significant trees. Among the notable trees are a tulip poplar with a double trunk measuring 50-inches around at breast height, a 42-inch sycamore, and a 30-inch pine. The site is a mixture of pine trees and hardwoods of varying ages. Most of the significant trees are clustered to the west near the bottom of the slope and the Resource Conservation District. The site is not located in the Town’s Watershed Protection District.
The Resource Conservation District area contains a tributary of Dry Creek. The creek flows in a northerly direction across the western portion of the site. Two 30-foot OWASA easements join in the Resource Conservation District, one from the Notting Hill Apartment property on the west and the other easement enters from Eastowne Drive on the southern corner and exits the property onto the Price, Waterhouse, Cooper property to the north.
Development Description: This Special Use Permit application proposes construction of an office building that would consist of a total of 36,709 square feet of floor area. Half of this square footage, 18,354 square feet, is proposed to be general office space and 18,355 square feet is proposed for medical clinic space. The primary exposure of the building is designed to face Eastowne Drive.
Entrances to the building are proposed on the north and south sides of the building. The entrance proposed on Providence Road provides access for the upper story of the building. The driveway wraps around the building descending in elevation from Providence Road to Old Sterling Drive. The second entrance to the building is proposed from the parking lot at the lower level on the east side of the building. Internal site sidewalks serve as pedestrian links joining the parking areas to the building and joining the site’s pedestrian circulation to the public sidewalk system that surrounds the perimeter of the street frontage. Parking spaces are proposed along the internal access drive as it circulates around the building. The nature of the sloping site allows for parking under the building with a minimum of grading. Eighteen parking spaces for cars as well as 13 spaces for bicycles are proposed under the building.
In order to minimize the grading at the base of the slope and to preserve the 50-inch poplar, a fourteen-foot masonry, key-stone retaining wall is proposed. The retaining wall includes a 3 1/2 foot safety guardrail running its length. Parking and dumpster/recycling areas are proposed at the top of the wall.
A bio-retention area is proposed below the recycling/dumpster area and eastern parking lot. A series of storm drains are proposed to collect the surface water and divert it to flat portions of the site. The water is then dispersed into the Resource Conservation District and bio-retention basin. Box culvert endwalls are proposed under the access drive at Old Sterling Drive. Surface water is proposed to be channeled to the bio-retention area.
Nearby Chapel Hill Transit bus stops would allow for public transportation accessibility. An existing stop is on Providence Road at the corner of Price, Waterhouse, Cooper and the development site and an additional stop is within 420 feet is on Eastowne Drive.
On the eastern portion of the 3.8-acre site is a .6-acre Resource Conservation District area intended to provide a landscape buffer between the development and Notting Hill Apartments.
Intensity Standards: The proposed project meets the Development Ordinance standards for floor area, outdoor space, and livability space for the Office/Institutional-2 zoning classification with associated Resource Conservation District. Both clinic and general office uses are permitted in the Office/Institutional–2 zoning district.
Comprehensive Plan: On May 8, 2000 the Town Council adopted a Comprehensive Plan that identifies this area as Mixed Use with Office emphasis.
Access and Circulation: Vehicular access to the site is proposed from two points: (1) Old Sterling Drive; and (2) Providence Road. Both of these access points are proposed for two-way travel with heavy-duty pavement allowing for garbage and recycling vehicle passage.
Parking: Based on the Development Ordinance, the minimum number of parking space required for general office business is one space per 350 square feet of floor area, and for clinic space is one space per 250 square feet. The applicant is proposing to divide the square footage equally between general office and medical clinic space. The number of spaces required for 18,355 square feet of clinic space is 74. General office space for 18,354 square feet of floor area requires 53 spaces. The total number of spaces required is a minimum of 127 spaces. Council policy establishes a maximum parking requirement at 110 percent of the minimum – 139 spaces. The proposed number of spaces is 131. We believe 131 spaces are reasonable especially given potential presence of medical clinics. The sloping site creates the opportunity for a split-level building design affording some parking underneath the building. Eighteen of the spaces are planned for placement under the office building.
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Use |
Minimum # Parking Spaces |
Total # Parking Spaces Required |
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Clinic |
1 per 250 sq. ft. of floor area |
74 |
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General Office |
1 per 350 sq. ft. of floor area |
53 |
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Total Min. # Parking Spaces Required |
na |
127 |
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Total # Parking Spaces Proposed |
na |
131 |
The applicant is proposing that all parking be on-site. The above-ground parking spaces are arranged adjacent to the access drive that connects from Providence Road to Old Sterling Drive. In addition, a 40 space parking area on the west side of the building would provide for ground floor access on the bottom level.
We have included a condition in Resolution A noting the floor area allocation and parking restrictions.
Bicycle Parking: The applicant is proposing to provide thirteen covered and lit bicycle parking spaces under the building. The Design Manual requires that one bicycle space be provided for every 10 car spaces. One hundred and thirty one (131) would require fourteen (14) spaces. An indoor shower is proposed for cyclists.
We have included a condition in Resolution A that would require fourteen (14) bicycle spaces on site in accordance with Design Manual standards.
Traffic Impact: The applicant has provided a Traffic Impact Analysis for this development. The analysis concludes the following:
“The analysis of the Eastowne and US 15-501 at BCBS intersection indicates that the proposed development of office space at Providence Road Offices will not affect the LOS for either peak-hour of operations.
The Eastowne and US 15-501 at Lakeview intersection currently has problems handling the left turn from Eastowne movement. This problem will be worse with the addition of traffic from the proposed project. Retiming or rephrasing of the signal could potentially help this delay a great deal but, unless other signals along the 15-501 corridor are also adjusted, the through movements along 15-501 would likely be adversely affected. Introducing a delay of the through movements to alleviate left-turn delays would not be desirable. It is likely that commuters will quickly adjust to avoiding this left turn delay and alter their route accordingly.
The Old Sterling and Sage Road intersection has projects which will significantly impact this intersection that are not yet built. It is probable that once commuters settle into their routines, Old Sterling and Sage Road will serve to relieve some of the congestion at the two Eastowne/15-501 intersections during the AM and PM peak-hour and create more congestion at the Sage/Erwin and Sage/15/501 intersection. As these projects are occupied, a traffic signal may be warranted at the Sage/Erwin intersection.”
We recommend that the applicant will need to provide a proportional payment-in-lieu for the future traffic signal at the intersection of Sage Road and Erwin Road, the amount to be determined by the Town Manager.
Bus Stops: There currently is bus service to Eastowne Drive and Providence Road, with a bus stop on Providence Road. The applicant proposes to improve the Providence Road bus stop by converting it to a bus shelter with a concrete pad. We recommend no changes to the Providence Road bus stop. Alternately, we recommend that the applicant provide a stop on Old Sterling Drive at the site’s frontage west of the Old Sterling Drive entrance. There exists a bus shelter on Eastowne Drive 700 feet south of the site and a bus stop approximately 450 south of the site that will remain. We have included a stipulation in Resolution A regarding these recommended bus stop improvements.
LANDSCAPE AND ARCHITECTURAL ISSUES
Buffers and Landscaping: The Town’s Development Ordinance requires the following landscape buffers:
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Location of Bufferyard |
Type of Buffer Required |
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Eastern Border (Providence Road) |
Minimum of 15’ Type ‘B’ Buffer |
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Eastern Border (Eastowne Drive) |
Minimum of 15’ Type ‘A’ Buffer |
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Northern Border (Price, Waterhouse, Cooper) |
Minimum of 10’ Type ‘B’ Buffer |
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Western Border (Notting Hill Apartments) |
Minimum of 20’ Type ‘C’ Buffer |
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Southern Border (Old Sterling Drive) |
Minimum of 15’ Type ‘A’ Buffer |
We note that all proposed buffers are appropriately shown according to the above chart.
The Landscape Protection Plan identifies the 5-foot planting strip required between parking and the building.
We note that the applicant is proposing to route the proposed sewer line outside of the Resource Conservation District. The proposed route identified on the Utility Plan and Lighting Plan shows the sewer line entering the site from the Old Sterling Road sewer line 100 feet from Eastowne Drive. We note that the Landscape Protection Plan should be revised to show this route and the associated tree protection fencing. We have included a stipulation in Resolution A that the Landscape Protection Plan be revised to identify the sewer line and associated tree protection fencing from Old Sterling Road consistent with other sheets.
The Landscape Plan lists plants that we consider invasive species, i.e. Ailanthus altissima and Eleagnus pungens. We recommend that invasive species not be used in the landscaping of the site. We do recommend a variety of canopy and understory trees and shrubs in the required buffers. These recommendations are included in Resolution A.
We note that the applicant is proposing to retain a 50-inch Poplar tree in the northwest corner of the site. We believe that this 50-inch poplar fits the Development Ordinance definition of a rare tree which is defined by the Development Ordinance as a tree with a diameter at breast height greater than 36-inches. We believe the tree can be preserved if there is no root damage below the proposed location of the retaining wall. Therefore we recommend that the applicant consider revising the retaining wall design by extending the west side of the proposed wall parallel with the edge of the dumpster rather than continuing the arc. We believe better insurance against root damage to the Poplar tree can be accomplished with this revision. We have included this stipulation in Resolution A.
In addition, we have included a stipulation that the location of the silt fence around the 50-inch poplar be adjusted to permit construction of the keystone retaining wall. We recommend this adjustment to the proposed silt fencing around the tree in order to protect as much of the critical root zone as possible. We further recommend that the critical root zone of the tree be shown on the final plans (1 inch diameter at breast height equals 1 foot critical root zone radius).
Similarly, we recommend that the critical root zone of the 26-inch pine tree located near the entrance at Old Sterling Drive be shown on the plans. Minimal grading activity in this area is recommended. These changes should be reflected on the final plans with tree protection fencing added to protect this tree. These stipulations are included in Resolution A.
We further recommend that tree protection and/or silt fencing be installed between the proposed bio-retention area and the existing vegetation that is to remain. We have included this stipulation in Resolution A.
We note that a Shading Plan has not been submitted to the Town for review. The Development Ordinance requires a 35% shade covering on parking lots when the plants have reached maturity. This stipulation is included in Resolution A.
Building Elevations: We recommend that detailed building elevations be approved by the Community Design Commission, prior to the issuance of a Zoning Compliance Permit. This recommendation is included in Resolution A.
Lighting Plan: We recommend that the detailed 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.
Watershed Protection District: This area is not in a critical or protected watershed district.
Resource Conservation District: As previously noted, .6 acres of the site is located in the Resource Conservation District. Land disturbance in the Resource Conservation District appears to be minimal.
Stormwater Management: The applicant proposes to provide a stormwater detention facility to meet the Town’s requirement that the post-development stormwater runoff rate not exceed the pre-development rate. The stormwater detention basin is proposed in the southwest corner 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. The plan should be based on 2 and 50-year storms.
We note that the underground, stormwater detention structure will need to have maintenance access. We recommend that this access be shown on the plans prior to the issuance of a Zoning Compliance Permit. We have included this stipulation in Resolution A.
We note that all engineered structures should have an Operations and Maintenance Plan. We recommend that these structures shall be located within a “reserved storm drainage way easement” as located on the plat and recorded as such. We have included this stipulation in Resolution A.
Best Management Practices: The applicant is proposing to incorporate a bio-retention area into the site plan. The bio-retention area is proposed to have a 4-inch exit pipe that drains the excess water into the Resource Conservation District. We have included a stipulation in Resolution A requiring that the proposed bio-retention area be designed to receive concentrated flow, such as an extended dry basin, with a forebay.
The applicant is required to submit a planting plan for the bio-retention area. We have included this stipulation in Resolution A.
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. This stipulation is present in Resolution A.
Utilities: 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 this standard stipulation in Resolution A.
Fire Safety: We have included our standard stipulation in Resolution A requiring that a fire flow report sealed by a professional engineer which demonstrates compliance with Town standards, be submitted for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.
We note that the Town seeks to maintain a 50-foot maximum distance between fire hydrants and fire department connections (which are located on the north side of the building). Currently, plans show a 67-foot distance between the fire hydrant in the planting island in the upper parking lot and the fire department connection on the north façade of the office building. A stipulation to this effect is included in Resolution A.
Sprinkler System: We recommend that the office building have a sprinkler system in accordance with Town Code, which shall be approved by the Town Manager. We have included this stipulation in Resolution A.
Refuse Management: Two dumpsters are proposed for refuse collection. The dumpster area is located at the western end of the driveway as an appendage to the service drive. A grade difference of fourteen feet is proposed from the top of the dumpster area to the finished grade at the base of the masonry retaining wall. A 3’-6” safety fence is proposed to enclose the dumpster area on the north, west, and south perimeters as a vehicular safety measure to the change in elevation. The east perimeter is adjacent to the service drive. Heavy duty paving is proposed on the service drive. A concrete dumpster pad is to be provided for the dumpsters.
A Solid Waste Management Plan for this development has not yet been approved. A stipulation is included in Resolution A to this effect.
Recycling: A recycling area is proposed at the dumpster area. Seven recycling bins are provided.
Miscellaneous: We have also included a stipulation in Resolution A requiring that no open burning associated with this development shall be permitted.
Plant Rescue: We have also included a stipulation in Resolution A that encourages that a plant rescue be conducted by the developer after issuance of a Zoning Compliance Permit.
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 provision so Articles 12, 13, and 14 and with all other applicable regulations
(c) That the use or development is locate, 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 section of the Development Ordinance and Design Manual and that the proposal fulfills the purposes of the Comprehensive Plan.
Resolution A would approve the application with conditions.
Resolution B would deny the application the application
ATTACHMENT 2
Project Fact Sheet Requirements
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EASTOWNE 501 SPECIAL USE PERMIT |
STAFF EVALUATION |
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Compliance |
Non-Compliance |
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Use Permitted |
Ö |
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Min. Gross Land Area |
Ö |
|
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Min. Lot Width |
Ö |
|
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Max. Floor Area |
Ö |
|
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Min. Outdoor Space |
Ö |
|
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Min. Livability Space |
Ö |
|
|
Min. Recreation Space |
N/A |
|
|
Impervious Surface Limits |
N/A |
|
|
Min. # Parking Spaces |
Ö |
|
|
Min. # Loading Spaces |
N/A |
|
|
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 |
|
|
5-Foot Planting Strip Requirement |
Ö |
|
|
Parking Lot Screening |
Ö |
|
|
Parking Lot Shading Requirement |
(With recommended condition) |
|
|
Public Water and Sewer |
Ö |
|
|
Underground Utility Lines |
Ö |
|
N/A = Not Applicable Prepared: July 23, 2001
(Manager’s Preliminary Recommendation,
Planning Board Recommendation,
Transportation Board Recommendation, and
Bicycle and Pedestrian Board Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR EASTOWNE 501 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 Philip Post and Associates, Inc. on property identified as Chapel Hill Township Tax Map 26, Lot 17M (PIN #9890715045), if developed according to the site plan dated November 1, 2000, revised April 19, 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 the Eastowne 501 Office Building in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. Construction Deadlines: 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 the construction of a 2-story building with 36,709 square feet of floor area. Office-type business is permitted with up to 18,355 square feet of floor area authorized for clinic use.
Stipulations Specific to Transportation
3. Parking: That up to 131 parking spaces shall be permitted on this site with standard parking dimensions, at least 18 of which are to be placed under the building.
4. Bicycle Parking: That a minimum of 14 covered, illuminated and secure parking spaces shall be provided for bicycle parking spaces. Fourteen spaces are required on-site that are covered and lit. Proposed placement is for under the building adjacent to the vehicle parking.
5. Shower and Locker Facilities: That shower and locker facilities shall be provided in the building.
6. Town Standards: That all parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards.
7. Bus Stop: A bus stop be provided on Old Sterling Drive, just west of the proposed entrance on Providence Road at the northern property line of the site shall be improved with the addition of a standard shelter and concrete pad and seating.
8. Transportation Management Plan: That a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall be updated and approved annually by the Town Manager. The required components of the Transportation Management Plan shall include:
a. Provision for designation of a Transportation Coordinator;
b. Provisions for an annual Transportation Survey and Annual Report to the Town Manager;
c. Quantifiable traffic reduction goals and objectives;
d. Ridesharing incentives; and
e. Public transit incentives
9. Traffic Signal Payment-in-Lieu: That the applicant provide a proportional payment in-lieu for installation of a traffic signal at the Sage Road/Erwin Road intersection, not to exceed $1,500. This payment amount is based on the proportional 2.5% traffic impact of the proposed development at the Sage Road / Erwin Road intersection at peak hour, as applied to the estimated cost of a traffic signal. The impact fee formula is as follows: proportion of traffic impact x estimated signal cost = impact fee (2.5% x $60,000 = $1,500). The payment shall be refunded, if unused, 5 years from the date of the last Certificate of Occupancy issuance.
Stipulations Related to Landscape and Architecture
9. Landscape Bufferyards: That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirement, the vegetation shall be protected by fencing from adjacent construction:
10. Landscape Plan: That a detailed Landscape Plan and Landscape Protection Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall indicate the location of the sewer line and be consistent with other sheets indicating the sewer location outside of the Resource Conservation District.
11. Planting Strips: That 5-foot wide landscaped planting strip shall be provided between parking areas and the building.
12. Fencing: That the silt/tree protection fence around the 50-inch poplar critical root zone be adjusted to permit construction of the masonry retaining wall and that the critical root zone be shown on the final plans. Similarly, the critical root zone, tree protection fencing, and grade revisions to reduce injury to the critical root zone of the 26-inch pine tree at the entrance on Old Sterling Drive shall be shown on the final plans.
Additionally, Tree Protection fencing and/or silt fencing shall be identified between the bio-retention drainage area that flows into the Resource Conservation District and the existing vegetation that is to remain.
13. Parking Lot Shading: That a Shading Plan be submitted and approved by the Town Manager for the parking areas. The plan shall demonstrate compliance with the Development Ordinance 35% parking lot shading requirement.
14. Invasive Species: The landscape design shall not use any plant materials that are considered invasive species, i.e. Ailanthus altissima and Eleagnus pungens.
15. Retaining Wall: That the design of the keystone, masonry retaining wall shall be adjusted to minimize negative impact to the critical root zone of the 50-inch poplar tree by extending the west side of the proposed wall parallel with the edge of the dumpster pad rather than continuing the arc.
16. Building Elevations: Detailed Building Elevations shall be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.
17. Lighting Plan: We recommend that a detailed Lighting Plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.
Stipulations Related to Environment
18. Stormwater Management: Maintenance access for the underground stormwater detention structure shall be shown on the plans prior to the issuance of Zoning Compliance Permit.
19. Stormwater Drainage Easement: All engineered stormwater detention and treatment structures shall be located within an easement entitled: “Reserved Storm Drainageway Easement Hereby Dedicated” and shall be reserved from any development which would obstruct or constrict the effective conveyance and control of stormwater from or acoss the property, other than the approved design and operation functions.
Unless specifically designated as being “Public” the “Reserved Storm Drainageway Easement” and the facilities they protect are considered to be private, with the sole responsibility of the owner to provide for all required maintenance and operations as approved by the Town Manager.
20. Performance Guarantee: If more than one acre of land is disturbed, then a performance guarantee in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances shall be required prior to final authorization to begin land-disturbing activities. This financial guarantee is intended to cover the costs of restoration of failed or railing soil erosion and sedimentation controls, and/or to remedy damages resulting from land-disturbing activities, should the responsible party or parties fail to provide prompt and effective remedies acceptable to the Town
20. Operations and Maintenance Plans: Operations and Maintenance Plan shall be provided for all engineered structures and all said structures shall be located within a “reserved storm drainage way easement” as located on a plat and recorded at the Orange County Register of Deeds.
21. Stormwater Management Plan: That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on 2 and 50-year storms, the post-development stormwater run-off rate shall not exceed the pre-development rate.
22. Bio-Retention: The proposed bio-retention area shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit
A Planting Plan shall be submitted for the bio-retention area and approved by the Town Manager prior to issuance of Zoning Compliance Permit.
23. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for a 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 issuance of a Zoning Compliance Permit.
Stipulations Related to Utility and Service
24. Utility Plan Approval: That the final utility plan be approved by Orange Water and Sewer Authority (OWASA), Duke Power Company, BellSouth, Public Service Company, and the Town Manager before issuance of a Zoning Compliance Permit.
25. Underground Utilities: That all utility lines, other than 3-phase electric power distribution lines, shall be placed underground.
26. Fire Flow: That a fire flow report prepared by a registered professional engineer be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
That the fire hydrant proposed in the planting island in the upper parking lot be provided within 50 feet of the Fire Department sprinkler system connection.
27. Sprinkler System: That the building shall have a sprinkler system in accordance with Town code, which shall be approved by the Town Manager.
28. 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.
29. Heavy-Duty Paving: That all drive aisles that provide access to the compactors, dumpsters or recycling facilities, be constructed with heavy-duty pavement.
30. Open Burning: That no open burning shall be permitted during construction of this development.
31. Plant Rescue: That the applicant is encouraged to conduct a “plant rescue” for this site, after the issuance of a Zoning compliance Permit and prior to the start of construction.
32. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are complete, and that a note to this effect shall be placed on the final plat.
33. 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.
34. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
35. 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 Building Permit. The construction sign may have a maximum of 32 square feet of display area and may not exceed 8 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.
36. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
37. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit for the Eastowne 501 Office Building.
This the _________ day of _______________, 2001.
ATTACHMENT 4
RESOLUTION B
(Denying the Application)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE EASTOWNE 501 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 Philip Post and Associates on property identified as Chapel Hill Township Tax Map 26, Lot 17M, and PIN #9890715045, if developed according to the site plan dated November 1, 2000, revised April 19, 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 to 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 Eastowne 501 Office Building
This the ____ day of ____________, 2001.
ATTACHMENT 5
RESOLUTION C
(Defining Contiguous Property)
A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT APPLICATION FOR EASTOWNE 501 OFFICE BUILDING (2001-10-17/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 Eastowne 501 Office Building, 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 Modification application to be that property described as follows:
All properties within _____ feet of the site.
This the 17th day of October, 2001.